What happens in not all parties respond to a suit?

What is the name of your state? Ga

I posted the long version of a suit against me in another thread. This should be an easier, much shorter question.

The person suing me named me and another company (the franchisor of my franchise business).

I have filed a response to the claim. The franchisor named in the suit has not responded and the court date that was originally set has been delayed.

Now I know if, for example, I was the only person named in the suit and I didn't respond, then I would be subject to a default judgement.

But, what happens if I respond and the other person in the suit does not?

I'm doubting the other person named in the suit is going to come half way across the country to show up in small claims court over $4k.

Anyone have a clue how this could play out? If the other party never responds, can they be subject to a default judgement?

Assuming proper service, they default the other defendant and continue with you.

You need to read your contract with the franchisor. Those contracts are usually very clear about what happens in situations like this. They MAY have legal cause to pull your franchise license.

I don't mean to "pile on" but I don't think you've considered this angle.

Cobbscout said:

You need to read your contract with the franchisor. Those contracts are usually very clear about what happens in situations like this. They MAY have legal cause to pull your franchise license.

I don't mean to "pile on" but I don't think you've considered this angle.

Click to expand...

You are correct, but that's not an issue here because the franchise had already been sold back to the franchisor before this suit came about.

The closing of the sale back to the franchisor happened 8/31, but this lawsuit was not filed until 9/11.

Either way, the franchisor is going to come after me for anything they get nailed for.

They new about this problem job and told me how to handle it. It just happens to be that the customer sued right after the close of the sale of the franchise. I actually thought the issue had just gone away.