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  1. #1
    Join Date
    Jul 2012
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    Default How to Use Doctrine of Necessities in Court

    My question involves collection proceedings in the State of: Indiana

    We have court tomorrow for my medical bills. My ex-wife is listed in the suit. She never signed anything or even went to the hospital with me. (It was a CT SCAN) At the time of service she was a stay at home mom. How do I convince the judge she isn't liable for my medical bills using the doctrine of necessities?
    Where can I even find the doctrine of necessities in law?

  2. #2
    Join Date
    Sep 2005
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    Default Re: How to Use Doctrine of Necessities in Court

    If the doctrine of necessities applies, she would be liable for the cost of your necessary medical care. Read this.

  3. #3
    Join Date
    Jul 2012
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    4

    Default Re: How to Use Doctrine of Necessities in Court

    I have read and printed them for court. So I should be convincing the judge that the doctrine does not apply to this case? At the time of services and currently she was not and is not now financially superior.

    I would like to find the doctrine of necessities in the law but can't find anything except appellant court decisions using it. Any ideas or will the court rulings citing the doctrine of necessities work?

  4. #4
    Join Date
    Jun 2006
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    Massachusetts
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    24,349

    Default Re: How to Use Doctrine of Necessities in Court

    Do not, repeat, do NOT in any way suggest to the judge that he does not know the law or how it applies.

  5. #5
    Join Date
    Jan 2006
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    38,867

    Default Re: How to Use Doctrine of Necessities in Court

    =joe83;638134]I have read and printed them for court. So I should be convincing the judge that the doctrine does not apply to this case? At the time of services and currently she was not and is not now financially superior.
    she doesn't have to be financially superior for her to be held liable.

    I would like to find the doctrine of necessities in the law but can't find anything except appellant court decisions using it. Any ideas or will the court rulings citing the doctrine of necessities work?
    Indiana does not have it in statute. It is through common law rulings.

    - - - Updated - - -

    Quote Quoting cbg
    View Post
    Do not, repeat, do NOT in any way suggest to the judge that he does not know the law or how it applies.

    well, if you say it like that it sounds so bad.



    OP, you will have to present support for your argument. That means you will have to find applicable case law that supports your argument that your wife should not be held liable for your debts.

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