Re: Help! Received summons today

Posted by The Phantom (152.163.252.134) on October 11, 2003 at 21:52:10:

In Reply to: Help! Received summons today posted by santino on October 10, 2003 at 21:22:46:

You need to file an answer to the summons immediately. As for serving your ex-husband, it is highly unlikely that the officer will do so even if he told you that he would. It is his responsibility to serve the person named in the summons as the defendant and no other person regardless of what you told him.

His verbal agreement to take care of the bill is not sufficient if the bill is in your name only. The unfortunate truth is that you most likely will not be able to excape a debt even if you were relieved of responsibility via the written divorce decree. In a divorce, the agreement for responsibilities for bills is simply an agreement between the ex-spouses and does not reflect directly on the responsibility of the individual to the creditor.

If he agreed to pay the bill as part of the divorce, you need to bring suit against him as a third party interpleaded defendant. Your other option is to pay the bill and then bring suit against him separately.

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