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small claims filing question & bankruptcy

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njLaw08

Junior Member
What is the name of your state (only U.S. law)? NJ

While taking our dog for a walk, our 5 month old puppy was attacked and killed when a pit bull got loose from a house a few doors down. It came running from across the street and attacked. There was nothing that could be done. After a few weeks of back and forth with the owner, we have come to the conclusion that we need to sue to get the money. We have already filed against the wife who is the only one we have dealt with because we didn't know the husband's name. We recently got a call from an attorney for them saying they cannot afford the $3000 vet bills + cost of the dog and offered a couple hundred. He also said that even if we win, they will probably file for bankruptcy...negating anything we would get anyway. they rent and don't own their house.

So here are my questions. Should we dismiss our first filing and file again against both husband and wife? I've read that it is possible for only 1 spouse to file for bankruptcy. If we sue her only, is the husband legally obligated to pay the judgement since they are married?

Thanks for your time and let me know if you need more info.
 


ask him for the couple of hundred now & the balance in 6 months...that way you'll get some $$$ and if they file chap 13 then you wont have wasted your time further...everybody says they are going to file chap 13 ... get it in a written format .... post your contract here for folks to review, include attny fees to be allowed if legal action is required
 

racer72

Senior Member
Call their bluff, no one files bankruptcy over such a small amount. Sue both to cover all your bases. Don't waste your time with accepting payments, it will just give them an excuse to blow you off.
 

njLaw08

Junior Member
Thanks. How do you file suit if you don't know someone's name? I know the wife's name but not the husband. Do I just say Mr. and Mrs.? I know it's petty but if they are going to file for bankruptcy, it actually makes me feel better knowing they have to file jointly rather than just one person.
 

Proserpina

Senior Member
Thanks. How do you file suit if you don't know someone's name? I know the wife's name but not the husband. Do I just say Mr. and Mrs.? I know it's petty but if they are going to file for bankruptcy, it actually makes me feel better knowing they have to file jointly rather than just one person.


They don't have to file jointly at all. It's perfectly legal for one spouse to file without the other.
 

njLaw08

Junior Member
They don't have to file jointly at all. It's perfectly legal for one spouse to file without the other.
Yes...that's why I think we should name both of them on the lawsuit. If we file just against the wife and only she files for bankruptcy we won't see a dime but they can still live off the husband's credit. If we file against both then it requires them both to file for bankruptcy...otherwise one of them is still on the hook for the judgment. right?
 

racer72

Senior Member
Yes...that's why I think we should name both of them on the lawsuit. If we file just against the wife and only she files for bankruptcy we won't see a dime but they can still live off the husband's credit. If we file against both then it requires them both to file for bankruptcy...otherwise one of them is still on the hook for the judgment. right?
If they own their house, both names should be on the county tax rolls. I can find that info online from my county's tax assessor's office, your county assessor may have that info available to. If not, visit his office.
 

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