What is the name of your state (only U.S. law)? New Jersey
We sued someone in Special Civil part in New Jersey. We won the case against the defendant. We originally filed the case
against two individuals who had an equal stake in the suit. We filled out the papers, 4,000 against Defendant A, and 2,000 against Defendant B. We went to court and won pretty easily. The judge entered a judgment against both individuals for 6,000 without distinguishing or assigning amounts to Defendant A or B.
It was all rolled up into one, but against each of them individually so it seemed from the ruling.
Defendant A appealed and won because we defended ourselves in court and it got
pushed back to the lower courts for trial with attorney. We will pounce on him
even worse now.
Defendant B NEVER appealed and Defendant A never listed Defendant B
in his appeal. The Appellate judges pointed that fact out very clearly
in their decision.
My attorney tells me we have no problem going after Defendant B,
even though our case was considered voidable by the consent
of the adversary in the appeal decision vs Defendant A.
We sent an information subpoena to Defendant B. He never
appealed. The judgment was entered against both for the full amount
without giving instructions.
Are we legally entitled to go after Defendant B even though
Defendant A won the appeal and had it remanded back to
lower courts for a new trial (same testimony though)?
Can the original judge not specify the exact judgment
and have liability fall on both shoulders even though
it was filed going for two separate amounts, but
coupled as the same judgment?
Please note that they were working together as a team and
both parties in the trial judge's ruling were culpable regardless of
the exact amounts paid to to each Defendant.
She found them equally responsible for the whole amount.
Was she legally in her right to do that?
Also, can you comment as to the collection of the judgment?
It seems that we are in a no lose situation here if Defendant B
is on the hook, and I am super confident about going back to court
because it will be equally disastrous for Defendant A with an
attorney present.
THANK YOU IN ADVANCE.
We sued someone in Special Civil part in New Jersey. We won the case against the defendant. We originally filed the case
against two individuals who had an equal stake in the suit. We filled out the papers, 4,000 against Defendant A, and 2,000 against Defendant B. We went to court and won pretty easily. The judge entered a judgment against both individuals for 6,000 without distinguishing or assigning amounts to Defendant A or B.
It was all rolled up into one, but against each of them individually so it seemed from the ruling.
Defendant A appealed and won because we defended ourselves in court and it got
pushed back to the lower courts for trial with attorney. We will pounce on him
even worse now.
Defendant B NEVER appealed and Defendant A never listed Defendant B
in his appeal. The Appellate judges pointed that fact out very clearly
in their decision.
My attorney tells me we have no problem going after Defendant B,
even though our case was considered voidable by the consent
of the adversary in the appeal decision vs Defendant A.
We sent an information subpoena to Defendant B. He never
appealed. The judgment was entered against both for the full amount
without giving instructions.
Are we legally entitled to go after Defendant B even though
Defendant A won the appeal and had it remanded back to
lower courts for a new trial (same testimony though)?
Can the original judge not specify the exact judgment
and have liability fall on both shoulders even though
it was filed going for two separate amounts, but
coupled as the same judgment?
Please note that they were working together as a team and
both parties in the trial judge's ruling were culpable regardless of
the exact amounts paid to to each Defendant.
She found them equally responsible for the whole amount.
Was she legally in her right to do that?
Also, can you comment as to the collection of the judgment?
It seems that we are in a no lose situation here if Defendant B
is on the hook, and I am super confident about going back to court
because it will be equally disastrous for Defendant A with an
attorney present.
THANK YOU IN ADVANCE.