Legal Question in Civil Litigation in New Mexico

Is current partner liable for my previous judgement?

I was involved in an auto accident in 1998, in which the vehicle I was driving was uninsured. At the time of the accident, I was the only one who required an ambulance and medical attention. Some months later, unbeknownst to me, one of the other parties, and their insurance company, won a default judgement against me totalling nearly $10,000. Correspondence had gone to an old address, so I was unaware that the proceedings were taking place. Subsequently, my driver's license has been suspended. I have been virtually penniless since that time, and have been on welfare or residing with family. However, I have lived with my boyfriend on and off, for the past 3 years. Recently, I was supeonaed to provide financial documents,etc. in this case. Can he be held liable for payment on this judgement? I have no personal income, nor do I own property. But he does own the home we live in. I am not trying to dodge my responsibility, but I do not feel that my boyfriend should be liable. I am concerned that his assets could unfairly be at stake! Is it possible to have this judgement ''overturned''? Please help!


Asked on 4/29/04, 3:36 pm

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Is current partner liable for my previous judgement?

You alone are responsible for the Judgment against you. No one else, including your boyfriend, is liable, and their separate assets cannot be touched for the debt you describe. Since the judgment has been gathering interest since 1997 you may wish to consider contacting the Judgment holder to negotiate a settlement, or filing a bankruptcy. It would take considerble research to determine if the Judgment could be overturned after this much time.

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Answered on 4/30/04, 9:30 am


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