Legal Question in Credit and Debt Law in Maryland
Add a debtor defendant (spouse) to an existing judgment
What are the rules and proceedures to add/amend a spouse to an existing debtor's small claims judgment already awarded. Time limits?
3 Answers from Attorneys
Re: Add a debtor defendant (spouse) to an existing judgment
Once a judgment is taken, the only way to add a spouse-defendant is to file against the non-judgment-spouse.
Problem is that the non-judgment-spouse may attempt to block your action via a defense that the matter was previously reduced to judgment.
Thus, you should be prepared to show why that judgment is not effective as a remedy.
Re: Add a debtor defendant (spouse) to an existing judgment
I agree, there is no provision to "add" a defendant. You need to file a new lawsuit, w/in Statute of Limitations.
Re: Add a debtor defendant (spouse) to an existing judgment
You would have to file a separate lawsuit. The time limit is the original statute of limitations (usually 3 years in MD, but there are exceptions).