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Richard
Richard, Attorney
Category: Legal
Satisfied Customers: 46157
Experience:  Attorney with 29 years of experience.
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i am filling a small claims court case in nc for money owed

Customer Question

i am filling a small claims court case in nc for money owed to my business for work done on multiple trucks a customer of mine has. i need to know if it is legal to include his wifes name on the court papers. she works at a banking institution & it will cost her job there if i win the case. will i be liable for her loosing her job by doing this.
Submitted: 1 year ago.
Category: Legal
Expert:  Richard replied 1 year ago.
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.


Good afternoon. The lawyer is simply trying to intimidate you. If you have a valid claim, you have every right to file the suit against your customer if he won't pay. You would not be required to specifically name her on the suit; you can simply name him. But, filing this suit will not make you liable for what happens to happen to her job. That is not relevant to the suit and not your issue. You can tell your customer if he's worried about his wife to pay the bill to avoid the suit.



Thank you so much for allowing me to help you with your questions. I have done my best to provide information which will be helpful to you. If I have not fully addressed your questions or if you have any follow up questions, or if I have misinterpreted your questions in any way, please do not rate me yet, but simply ask a follow up question without rating so I can provide you with a fully satisfactory answer. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service with 3, 4, or 5 faces/stars so I can receive credit for helping you today. I thank you in advance for taking the time to provide me a positive rating!
Customer: replied 1 year ago.

hello. i put the husbands name down as defendant one & her name as defendant two. their lawyer told me that he agrees that he owes me money but that she isn't party to that. the way i understand the law here in nc is that if you are leagally married then the spouse is liable for the money owed also. their lawyer said that only applied to medical bills & one other thing that i don't remember. he wants me to sign a notice of voluntary dismissal with prejudice as to his wife being on the paper. i need to know if i could be


sued for her losing her job if i win judgement. thanks steve.

Expert:  Richard replied 1 year ago.
Thanks for following up. I apologize for the short delay....had an afternoon meeting out of the office. I would agree to sign a notice of voluntary dismissal, but I would insist it would be "without prejudice" not "prejudice." And, although you can never prevent someone from filing suit, they would not prevail in such a suit.
Customer: replied 1 year ago.

hello again. what is the difference in without prejudice & prejudice. thanks for your help steve

Expert:  Richard replied 1 year ago.
With prejudice means that you cannot re-file it; without prejudice means although you are dismissing it for now, you have the right to re-file it if the two of you can't settle this. It leaves the option for you to add her later if he doesn't resolve this with you.
Richard, Attorney
Category: Legal
Satisfied Customers: 46157
Experience: Attorney with 29 years of experience.
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Expert:  Richard replied 1 year ago.
Thanks so much for the positive rating and the generous bonus! I appreciate your kindness and the opportunity to serve you! If I can be of assistance to you in the future, just look me up and I will be happy to help! For easy access, my bookmark is: http://www.justanswer.com/law/expert-legalbeacon/

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