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Can a spouse get a summary judgment when only the other spouse answered the claim?
Wiki User
∙ 11y ago
Summary judgment is not generally permitted in divorce.
Wiki User
∙ 11y ago
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Can a joint property be seized for a judgment against only one spouse in the state of Texas Even though spouce signged quit claim deed before judgment?
In Texas, a joint property can still be seized for a judgment against one spouse, even if the other spouse signed a quit claim deed before the judgment. This is because Texas is a community property state, and joint assets are generally considered to be owned equally by both spouses regardless of individual financial obligations or actions such as signing a quit claim deed.
What do you do after a summary judgment has been granted against you?
Recourse? What do you mean by "recourse"? Do you mean what are your options?One option is to do nothing and get a summary judgment against you by default. Not a wise move unless you have no defense to a motion for summary judgment and the moving party does not seek extreme measure from you.You should file a motion in opposition to the motion for summary judgment, putting forth the facts and the law as to why the moving party is not entitled to the granting of a motion for summary judgment.A motion for summary judgment is required to clearly show that given the undisputed facts in the case (facts you have admitted to as being true), the petitioner is entitled to a certain remedy in the form of judgment as a matter of law.So, dispute the facts necessary for them to get summary judgment and dispute the application of the law that they reference as most applicable and appropriate in your case. If you successfully dispute the facts required to get summary judgment and/or you dispute the application of the law that they reference, then their motion for summary judgment will likely fail.AnswerFortunately for you, all reasonable inferences the court must make will be decided in favor of the non-moving party (you). Keep in mind that summary judgment cannot be obtained or defeated by speculation or conjecture alone; there must be specific, concrete facts that establish the claim. If you believe that you are entitled to summary judgment, you may file a cross motion for summary judgment, which details why you are entitled to a summary judgment against the other party. In that case, you will be held to the same standard of proof as the person who is requesting summary judgment against you.
Can a spouse quit claim a home to the non debtor spouse to prevent a property lien by a judgment creditor in Ohio?
A property lien is an attachment to the property, not the debtor. The answer would be "no", that won't help you get out of paying the debt.
How do I answer a summary judgment when I don't dispute the claim?
You don't need to "answer" a judgement, you just need to comply with it. If you mean that there's a motion for summary judgement and you agree with the proposed judgement, then again, just go ahead and do it. If you mean there's a motion for summary judgement and you can't dispute the claim but you do take issue with the proposed judgement, then get a lawyer.
If your husband dies with a judgment against him what should you do with regard to the judgment?
Debts of a deceased person are addressed during probate procedure. All lenders are required to file a claim against the estate through the state's probate court. All US states have laws of succession (the manner in which an estate is distributed) with the surviving spouse and minor children being the first to be provided for. If the judgment is against the deceased spouse only and the married couple were not residents of a community property state the surviving spouse is not legally responsible for the judgment debt and it can be voided by the probate court or the surviving spouse. In some cases, no legal action is needed, the judgment becomes null and void upon the death of the debtor.
What means Judgment for Claimant?
A judgment claim is a claim you bring into small collections court. This is a usual type of claim for when someone owes you a small amount of money.
Can you claim wife as a dependent?
You may never claim your spouse as a dependent. You may, however, claim a standard exemption for your spouse if she does not have to file and you are not filing jointly (and as long as no one else is claiming her as a dependent).
Can you claim your spouse as a dependent on your tax return?
No. If you're Married Filing Jointly, then you're allowed one personal exemption for you and one exemption for your husband. You can't claim your spouse as a dependent. Even if you're working and your spouse isn't, you can't claim your spouse as a dependent because you're allowed to claim two personal exemptions total for the two of you as a married couple filing jointly.
Can an ex lay claim to their former spouse's life insurance if a new spouse was named as the beneficiary?
No.
Are there state restrictions regarding talking to a spouse when a debt is concerned?
Yes. Minnesota, Iowa, and New Hampshire are spousal restriction states. A debt collector calls your house, and your spouse answers, they cannot discuss the account with your spouse, even if they claim they are your spouse. The reason is because anyone can claim to be your spouse.
Can a surviving spouse file a claim when they are not listed as the beneficiary in the will?
Yes. In most states in the United States a spouse cannot be disinherited by a will. The spouse can file a claim under the doctrine of election. By filing such a claim, the surviving spouse is generally awarded an intestate share of the estate. You should consult with an attorney in your jurisdiction who can review your situation and explain your options.
Do i need a lawyer to file a Judgment debtor's claim for exemption in Missouri?
You do not need a lawyer for file a judgment debtors claim for exemption in Missouri. You do need to have it notarized.
