If a judgment is against only you and not your spouse, your spouse is entitled to protect his or her interest in the property. Property that is held by a husband and wife is called tenancy by the entirety and cannot be divided.
No, you aren't legally responsible for your partner's debt unless you guarantee it or if it is a joint credit card account. Debt entirely in the name of your spouse, you are not responsible for.
Most states use common law (also known as equitable distribution), which dictates that married couples don't automatically share personal property legally. In other words, you aren't responsible for your spouse's debt unless you took it out together as a joint account, or you cosigned on it.
Am I Responsible for My Spouse's Debt in Florida? Yes, you may be responsible for your spouse's debt. This happens when you have marital debt with both spouses listed on the account.
Florida is a Common Law State This means that if one spouse incurs debt in their name, the other spouse is not legally responsible for it unless they cosign on the loan. However, in the case of joint credit cards, both spouses are equally responsible for the debt.
The summons you received should give you a time frame within which you need to respond. You need to respond in writing by denying that you owe the debt and asserting that the statute of limitations has run as discussed above. You should be notified of a court date and can go in and lay out your case at that point.
You can file a response to the summons you received by creating a response document. You will then admit/deny each allegation against you in the summons. You will then file your response and send a copy to the plaintiff.
The statute of limitations in Florida on debt is five years. This means that once the five-year timeline has expired, creditors can no longer file a lawsuit against the borrower to try and recover the debt. This is only true of debts that include a written agreement, though.
Most states or jurisdictions have statutes of limitations between three and six years for debts, but some may be longer. This may also vary depending, for instance, on the: Type of debt. State where you live.
The phrase in question is: “Please cease and desist all calls and contact with me, immediately.” These 11 words, when used correctly, can provide significant protection against aggressive debt collection practices.