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Old 10-31-2017, 03:08 PM   #1
BB9
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Default Suing the wife and husband each separately in small claims

Can I sue the wife and husband each separately in small claims for a related event or must they be sued together?

The husband damaged my car and then the wife went out and tried to hide it and caused new damage.

They are divorcing but r not yet divorced. It will be hard to serve process on the wife for various reasons but not the husband.
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Old 10-31-2017, 03:25 PM   #2
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Default Re: Suing the wife and husband each separately in small claims

I wish to inform you that wife and husband may be sued separately if their claim are different. If their liability if interrelated then same lawsuit will govern your action. As wife was made liable in separate damage incident thus you may file separate lawsuit if incident of wife may be separated from first incident where husband caused damage. If both incident cannot be separated then same lawsuit will govern the position.

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Old 11-01-2017, 02:45 AM   #3
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Default Re: Suing the wife and husband each separately in small claims

If the damage was caused as a result of a particular reason in same situation you have to sue them together in small claims court, otherwise you will fail to establish the merits of the case.
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Old 02-01-2018, 03:43 PM   #4
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Default Re: Suing the wife and husband each separately in small claims

Well you could just sue the one for whatever liability you can prove as to that one!
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Old 02-01-2018, 07:30 PM   #5
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Default Re: Suing the wife and husband each separately in small claims

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The husband damaged my car and then the wife went out and tried to hide it and caused new damage.
It would help to know the details of the damage.

What part of the car did the husband damage and how?

What part of the car did the wife damage and how?

If they are at two separate places on the car that require separate repairs, you have a choice of suing both or one at a time.

If the are at one place on the car where a single repair is necessary then you have no choice but to sue both at the same time or be barred from suing the remaining spouse if you lose against the first spouse.
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Old 02-02-2018, 01:37 AM   #6
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Default Re: Suing the wife and husband each separately in small claims

You can sue if you are able to prove it.
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Old 02-02-2018, 11:54 AM   #7
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Default Re: Suing the wife and husband each separately in small claims

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You can sue if you are able to prove it.
That's one of the most ridiculous things I've heard anyone say here.
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Old 02-09-2018, 07:38 AM   #8
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Default Re: Suing the wife and husband each separately in small claims

Quote:
Originally Posted by BB9 View Post
Can I sue the wife and husband each separately in small claims for a related event or must they be sued together?

The husband damaged my car and then the wife went out and tried to hide it and caused new damage.

They are divorcing but r not yet divorced. It will be hard to serve process on the wife for various reasons but not the husband.

I would do all you can to get them both in court in those types of situations, otherwise your claim may not succeed.
Each can deny what the other did. I faced a similar situation last year.
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Old 03-19-2018, 12:47 PM   #9
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Default Re: Suing the wife and husband each separately in small claims

I am suing a brother and sister in small claims for changing a drain route and causing flooding to our home.
Does all the above apply to a brother and sister as well.

Can I sue just the brother - - even though they both apparently both paid together for the rerouting of the normal drain system on our lands.
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Old 03-20-2018, 07:55 PM   #10
adjusterjack
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Default Re: Suing the wife and husband each separately in small claims

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I am suing a brother and sister in small claims for changing a drain route and causing flooding to our home.
Does all the above apply to a brother and sister as well.

Can I sue just the brother - - even though they both apparently both paid together for the rerouting of the normal drain system on our lands.
You sue who caused your loss. In this case it appears that the brother and sister are both complicit so you sue both.
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