Legal Question in Credit and Debt Law in Massachusetts
Small Claims Court
I live in Massachusetts, a community property state, I think. I lost my job in 2006 and haven't found work since. I am in debt of $18,000 with no means to pay it. I live with my husband and he is not a co-signer on the accounts on which I owe. Six of my creditors have taken me to small claims court and I am not eligible for a bankruptcy [Chapter 7 as I don't pass the means test]. My question is: Can my creditors demand payment from my husband who is not a co-signer on my debts if I contnue to be unable to pay them on my own? Thank you.
2 Answers from Attorneys
Re: Small Claims Court
Massachusetts is not a community property state, which is to say that there is no presumption of joint ownership of property. Further, generally speaking, one spouse is not liable for the debts of another spouse absent special circumstanes. Please feel free to contact my office for a free initial consult based upon the facts of your specific situation.
Re: Small Claims Court
It is my understanding that your husband is not personally liable for your debts, UNLESS he was a cardholder or the card was used to make joint purchases for necessaries like shelter, food, clothing, etc.
If you have some means to pay your creditors, you should hire an attorney to stabalize your small claims cases and negotiate a settlement of your debts, sometimes for 50%-60% of what you owe. If you ignore the small claims cases, the creditors can attach your wages or attach your property.
Please feel free to contact my office if you would like to schedule a consultation.
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