sgx7878 Posted January 12, 2012 Report Share Posted January 12, 2012 We live in Florida::I was in a car accident in 2007 and was uninsured. I was sued and judgement was placed against me for $3,699.00 in 2010. The car was in my husbands name so the Judgement appeared on his credit report as well as mine. Our driver's license's were suspended as well. My husband is required by his job to have an active license so he needed to reinstate it, I on the other hand did not need reinstatement (I already had a previous suspension on my license that I am still not able to resolve). My husband called the attorney representing the Insurance carrier suing us and setup a payment arrangement so they could issue his release and he could reinstate his license. Fast forward almost a year later the same attorneys sent me a subpoena requesting financials to be brought by me to a deposition. The documents received also stated that i should contact the attorneys office to setup payment arrangements (which we already have). When i contacted them they are stating that the arrangement is only for my husband, that I must provide the financials at deposition. Is this legal? can they require us (one household) to have two payment arrangement's toward the same judgement?Sorry for the lengthy question! I appreciate any response! Link to comment Share on other sites More sharing options...
Coltfan1972 Posted January 12, 2012 Report Share Posted January 12, 2012 Is this legal? can they require us (one household) to have two payment arrangement's toward the same judgement?They can't even require you to have one payment arrangement. Everything you've described has been voluntarily entered into by you/your husband. They are not requiring you to enter into any agreement. They can't force you to make payments. Link to comment Share on other sites More sharing options...
nascar Posted January 12, 2012 Report Share Posted January 12, 2012 In Florida, both owner and driver are responsible for damages caused by driver. The suit could/should have named both of you.Once judgment is obtained, licenses can be suspended as long as judgment remains unpaid, or agreement to pay is place. Husband set up payment plan so license could be reinstated. You did not. You're being brought in for debtors exam because license suspension was no incentive to get you to pay.Coltfan is correct, the judgment debtor can't force you to pay, absent court order, but is also under no obligation to reinstate license either.If both you and your husband were named in the complaint, and both have judgments against you, the fact you happen to be married and live in the same household is of no consequence. As far as the judgment is concerned, you are two individuals with joint and several liability on a judgment.The fact you're married matters to the court, but since your husband entered into his payment agreement voluntarily (not by court order), you are still subject to post-judgment activity you might not otherwise be subject to.The net effect is, since you're both liable as individuals, and not liable as a married couple, the judgment creditor can seek payment from both of you as individuals. Link to comment Share on other sites More sharing options...
Guest usctrojanalum Posted January 12, 2012 Report Share Posted January 12, 2012 If there is a judgment against both of you, you both have joint and several liability. Meaning you are both individually liable to pay back the judgment. If your husband is paying back $100 per month, and you have enough assets to satisfy the judgment in full, they are going to want to seize those assets to satisfy the judgment. In the eyes of the judgment creditor, why should they wait to get paid on a payment plan if there is a chance they can get paid faster if both individuals are making payments, or if one of the individuals can satisfy the judgment. Link to comment Share on other sites More sharing options...
KentWA Posted January 12, 2012 Report Share Posted January 12, 2012 You need to carefully look at the payment plan paperwork. Probably it is strictly between them and your husband. That is what we are all assuming. However if there is the possibility that it can be read as applying to both of you or he makes assumption of the entire judgement that would be a different thing. My son and his wife got wrapped around the axle on something like this, but in the end a careful reading of the payment plan (which is a contract) showed that it applied to both. The judge was not to happy about them dragging her in for a debtors exam every other month and ordered the judgement satisfied as sanctions. Link to comment Share on other sites More sharing options...
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