• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Can I Be Co-Defendant If Name Not On Original Cont

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

J

julbox3134

Guest
Can I Be Co-Plaintiff If Name Not On Original Cont

What is the name of your state? GA


My husband and I hired a handyman to do some jobs around our home. He was given money upfront for materials (this was a bad idea I now know) basically showed up a couple of hours, cashed our checks, bought a few items only and did horrible work then never came back. When we hired him we had a written contract. The handyman and my husband signed it, but I did not. When I filed our case in the magistrates office to get a civil court date, I put my husband and I as plaintiffs. We received a letter last week from the handyman's lawyer telling us they will ask for the case to be thrown out because it has both of our names and my husband signed the original contract and I did not. I am wondering if this will really get the case thrown out or if the judge will allow it to continue and deal with only my husband as the defendant?
 
Last edited:


JETX

Senior Member
It is entirely up to the court to decide, but why not just file an amended complaint removing your name as plaintiff??
Since this is small claims court the staff should be able to help you with this very minor issue.
 

BL

Senior Member
Can I Be Co-Defendant If Name Not On Original Cont [ Quote ]

Defendant = the party(s) being sued.

Plaintiff = the party(s) suing.

Why don't you ask for an amendment to take your name off, before the court dt .. ? Contact the Court's clerk to see if this can be done. Let your husband handle it .

You can be a witness.
 
J

julbox3134

Guest
Clarification

I just want to clarify that the letter I received from his lawyer was a copy of the motion he filed once he was served with papers telling him of our suit against him.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top