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RGMacEsq, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 16334
Experience:  Licensed Texas General Practice Attorney
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My wife was in court about an unpaid credit card debt that

Customer Question

My wife was in court about an unpaid credit card debt that she does not remember from 2009. She agreed to mediation and was told that she would get a fact information sheet to fill out. We asked the mediator and attorney for the plaintiff if any of my information should be completed when she got the form. We were told that the debt was in her name and that I was not involved. She only needed to fill out information as to her social security income and her bank account info. My social security and retirement information did not pertain to her debt. The form is a generic form and asks information about the mortgage which I pay and the cars which are in my name. My question is; if she fills out the form and puts n/a in the areas that pertain to her spouse, can she be in trouble with the court for not filling in all the information except for n/a? In mediation they said that she would be required to report on what she owned solely. The case is in Ocala Fl.
Thank you,
Submitted: 2 years ago.
Category: Consumer Protection Law
Expert:  RGMacEsq replied 2 years ago.
Thank you for using JustAnswer. I'm sorry to hear about your situation. Mediation is different than a court trial, in that it's "informal". She's still saying that this correct, and swearing under oath that it is correct, but if she doesn't list something, the first thing that they would need to do would be to complain, and that would be to the judge. That would be in a "motion to compel" disclosure of these assets. And in response, she could say that they told her that she doesn't need to give that information. She'd have a good reason that she didn't. The legal term is "estoppel", in that they can't tell her to do one thing and then complain when she does it (even if she shouldn't have done it in the first place). So no, she wouldn't get in trouble, although it's possible if they complain the court could still tell her to provide this information. Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** luck to you!
Expert:  RGMacEsq replied 2 years ago.
Did you have any other questions before you rate this answer?
Expert:  RGMacEsq replied 2 years ago.
If there's nothing else, please rate this answer. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it a 3, 4, 5 (good or better) AND press the "submit" button, if applicable. If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!▼ RATING REQUIRED! ▼ Please don't forget to Rate my service as OK Service or higher. It's only then I am credited.