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Who to sue?

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bobterry99

Junior Member
My state is Georgia.

While I was vacationing far from home, a friend acting as my agent sold an item of mine to a woman named Stephanie for $1000. Stephanie came with her boyfriend James to pick-up the item from my friend and immediately paid with a check the boyfriend had written for $1000. The check was made payable to my friend and was postdated 3-days from the date of the transaction.

Two days later, Stephanie calls my friend and tells him not to cash the check. She says that she and her boyfriend would be stopping by and substituting another $1000 check. My friend complied, but Stephanie never returned with the 2nd check. When my friend then deposited the $1000 check, he found a stop payment had been placed.

Stephanie has my item, but I have not been paid. Clearly my friend can sue James for the $1000...But would another option be for me to sue Stephanie for the $1000?
 


JETX

Senior Member
bobterry99 said:
MClearly my friend can sue James for the $1000...But would another option be for me to sue Stephanie for the $1000?
Simple answer. Sue BOTH of them. If you only sue one, that person will likely try to pass the blame on the other non-sued party. Bring both of them into court and let the court decide who, if any, is liable.
 

bobterry99

Junior Member
Thanks for the reply, JETX. A follow-up question: when you say to bring both of the into court, are you saying to bring a single civil suit naming the two of them as co-defendants or to bring separate suits?
 

BL

Senior Member
bobterry99 said:
Thanks for the reply, JETX. A follow-up question: when you say to bring both of the into court, are you saying to bring a single civil suit naming the two of them as co-defendants or to bring separate suits?
Yes , And Why are not naming the " Agent " ?

For a matter a Fact .......
 

JETX

Senior Member
bobterry99 said:
Thanks for the reply, JETX. A follow-up question: when you say to bring both of the into court, are you saying to bring a single civil suit naming the two of them as co-defendants or to bring separate suits?
Co-Defendants...
As for the 'agent', I assume that she will be appearing as YOUR witness to the actions that you were not privy to.
 

jgombos

Member
Suppose the OP sues two parties, and wins. Is the judge likely to award both process service fees to the plaintiff, or just the cost of serving the losing defendant?
 

JETX

Senior Member
jgombos said:
Suppose the OP sues two parties, and wins. Is the judge likely to award both process service fees to the plaintiff, or just the cost of serving the losing defendant?
If the OP wins, the court will render a judgment against the other party or parties equally.
If only one, then that one will get all the award, plus costs, plus interest.
If against more than one party, then EACH party will be liable for the award, plus costs, plus interest... up to 100% total.
 

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