First time in small claims lawsuit - loaned $7,000 and ghosted

[adjusterjack]

the money was loaned to him and his employed wife as was discussed on the phone with them and the messages to him in writing

Did you include the wife as a defendant in your lawsuit?

Is her name on the judgment along with his?

 

[baylor3217]

There was a link about the garnishment process provided earlier in your thread.

yes thank you and I have several resources provided by the courthouse when I was last there. Nothing mentioned that I saw about a time limit to complete the wage garnishment process after the case was adjudicated a couple of weeks ago

 

[baylor3217]

Did you include the wife as a defendant in your lawsuit?

Is her name on the judgment along with his?

no. I learned of the “verbal contract” law in ohio after I had already gone through the process of serving him

however, since she was in the phone for it, I can sue her as well. I know where she works.

 

[Zigner]

no. I learned of the “verbal contract” law in ohio after I had already gone through the process of serving him

however, since she was in the phone for it, I can sue her as well. I know where she works.

@Ohiogal - Since the OP already filed suit naming only the husband (and prevailed) in this matter, can he later go back and sue the wife?

 

[Ohiogal]

@Ohiogal - Since the OP already filed suit naming only the husband (and prevailed) in this matter, can he later go back and sue the wife?

POSSIBLE... May be able to do it IF a judgment not rendered and I am not rereading because on vacay.

 

[adjusterjack]

@Ohiogal - Since the OP already filed suit naming only the husband (and prevailed) in this matter, can he later go back and sue the wife?

POSSIBLE... May be able to do it IF a judgment not rendered and I am not rereading because on vacay.

I reread the thread.

Here's my thinking.

It seems clear from this:

Here's a quick summary of my situation:

- In January of 2022, a close friend of mine informed me he was about to lose the house. He asked if i could loan him $5,000 to help cover the mortgage for a month while a loan came do. He said he would be willing to sign anything but just needed this money for a couple of weeks.

- Knowing this money may never come back, I made the decision to help this friend and loaned him and his wife the money. All is documented in text messages.

- 3 weeks later he said he needed $2,000 more to bridge the gap which i loaned and we documented in writing.

That the loan agreement, memorialized by text, was between the OP and the husband.

Now the OP wants to sue the wife separately only because she happened to be on the phone during some discussion between the OP and the husband about the loan.

Since she was on the phone with me and her husband discussing the money I was lending them, I understand she can also be sued.

QUESTION - Can i file a separate suit against her since I also know her employer, for wage garnishment? If so, should that new lawsuit be against both of them or just her this time?

however, since she was in the phone for it, I can sue her as well. I know where she works.

I'm guessing here that there was no texting between the OP and the wife and that there was no written agreement by the wife. I'm also assuming that any transfer of funds, by check or otherwise, was made direct to the husband. (OP will have to correct me if I am wrong about that because it's an important issue.)

Based on the above assumptions (yet to be verified) my two cents worth is no, OP will not be able to prevail against the wife because of Ohio Revised Code 1335.05:

"No action shall be brought whereby to charge the defendant, upon a special promise, to answer for the debt, default, or miscarriage of another person; nor to charge an executor or administrator upon a special promise to answer damages out of his own estate; nor to charge a person upon an agreement made upon consideration of marriage, or upon a contract or sale of lands, tenements, or hereditaments, or interest in or concerning them, or upon an agreement that is not to be performed within one year from the making thereof; unless the agreement upon which such action is brought, or some memorandum or note thereof, is in writing and signed by the party to be charged therewith or some other person thereunto by him or her lawfully authorized."

Ohio Revised Code § 1335.05 (2022) - Certain Agreements to Be in Writing. :: 2022 Ohio Revised Code :: US Codes and Statutes :: US Law :: Justia

@Ohiogal what say you.