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Ask Barrister Your Own Question
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 33761
Experience:  15 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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I have a garnishment/judgement against me, my joint bank

Customer Question

I have a garnishment/judgement against me, my joint bank account was levied to collect the money. My husband has been summoned to appear in court, we live in Virginia. The debt is in my name only. Does my husband legally have to appear if he is not legally responsible for the debt?
JA: Since laws vary from place to place, what state is this in?
Customer: Virginia
JA: Has anything been filed or reported?
Customer: no, just a court case of November 28th for the judgement & the debt collector says just to get the money that was levied.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No, Thanks!
Submitted: 14 days ago.
Category: Legal
Expert:  Barrister replied 14 days ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

Expert:  Barrister replied 14 days ago.

Unfortunately, if he has been served a summons, that is a legal order from the court for him to appear. He doesn't have the option to ignore it or he could face contempt of court and jail time. Even though he is not responsible for the debt, they may be wanting to ask him questions about your assets in a "debtor examination".

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So if he ignores the summons, he does so at the risk if the judge issuing a bench warrant for failure to appear and holding him in contempt of court once he arrested by the sheriff or marshal.

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thanks

Barrister