Legal Question in Credit and Debt Law in Maryland
No Responsibility for Debts incurred by Others
How does one protect themselves from debts incurred by others. Case at hand - a friend, married with two teenage children fears that her husbands gambling (a serious problem) will lead to his causing others to attempt to collect his gambling debts from her and/or from joint property. I recall from my past, individuals posting a notice, for several consecutive days, in a local newspaper. Is this an option? If so, how should it be worded? My friend is a US Citizen of Vietnamese/Chinese origin. Limited English language capability. (Husband same). Trying to assist if possible. Thank you.
2 Answers from Attorneys
Re: No Responsibility for Debts incurred by Others
His debts are his debts, and only his assets are liable for them. However, joint assets (depending on the nature and type of assets and how they are held) may be subject to execution for these debts. There is no notice that you can publish that affects this.
Re: No Responsibility for Debts incurred by Others
Posting a notice may work. There a several requirements
for this approach, one of which is the wording. Other requirements
include the time period, the publication, the placement of the
notice unambiguously within the publication, etc. Another method may
be to directly notify the parties who may have debts that these debts are personal
to the gambler.
With regard to their house, it depends on how it is titled. If it is titled as tenants by the entireties then
default on a mutual debt (i.e., a debt of both spouses) is required before the house
can be liened upon. A mutual debt can arise where one spouse incurs the debt and the other spouse
subsequently adopts the debt as his/her own.
Most importantly, where a gambling problem is encountered, treatment should be sought. Gambling is
a form of addiction and can bring serious and detrimental consequences if left unchecked. There are
several non-profit organizations as well as private counseling available.
If you need further assistance, please contact me at (410) 799-9002. I possess an ability to work with persons not entirely fluent with the English language.
G. Joseph Holthaus III
Attorney-at-Law