Small claims lawsuit for unpaid rent

[rbon1]

What is the name of your state (only U.S. law)? Wisconsin

I began renting my house in 2009. The tenants moved out in under a year and ended up owing me around $2,000 in unpaid rent. I had both the husband and the wife sign the rental contract but when I filed my lawsuit in 2010 I only sued the husband. I won the case and attempted to garnish his wages but all of his wages go to child support or other debts so I have received nothing. It has been two years since the original lawsuit. Can I go back now and sue the wife in an attempt to get the money which is owed to me? Thanks in advance for your help.

 

[tranquility]

Probably not. While Civil Procedure is hard and not always clear, for renters on the same rental contract who lived together during the same rental, I'd say both parties were necessary to the litigation and the wife should have been joined. Because this is the same transaction or occurrence, the wife would have a defense against your claim.

 

[rbon1]

Thank you for your response Tranquility, as discouraging as it is.

Does anyone know if I could drop the lawsuit again the husband and then file a claim against the wife? I am just looking for some options to try and recoup my losses.

 

[Zigner]

Thank you for your response Tranquility, as discouraging as it is.

Does anyone know if I could drop the lawsuit again the husband and then file a claim against the wife? I am just looking for some options to try and recoup my losses.

No, you cannot - the case has already been adjudicated. (This question was answered above.)

 

[tranquility]

Well, you may not be completely out of luck depending on the facts. Even if the wife was not joined, if there is marital property, you may be able to go against that.

http://www.wisbar.org/AM/Template.cfm?Section=Consumer_Resources&Template=/CM/ContentDisplay.cfm&ContentId=92180#quest

But the Marital Property Act also presents some risks. Debts you incur during marriage are presumed to be in the interest of your marriage. To collect on such a debt, a creditor can go after not only the debtor's individual property, but also all marital property. For example, if one spouse borrows money and then becomes unemployed and can't pay the debt, the creditor can garnish the other spouse's paycheck.

 

[rbon1]

Thanks again for the advice. Marital property is something I will look in to. However, the couple divorced shortly after our small claims court hearing which will more than likely make things difficult for me.