JustAnswer > Legal
Ask A Question|Register|Login|Help
JustAnswer

Law

Ask a Legal Question, Get an Answer ASAP!

Have your own Legal question?

45 Lawyers are Online Now
characters left:
Not a Legal Question?

Related Law Topics:

  • May
  • ,
  • Pay
  • ,
  • Sue
  • ,
  • Won
  • ,
  • Back
  • ,
  • Rule
  • ,
  • Sold
  • ,
  • Sued
  • ,
  • Suit
  • ,
  • Wife
Bookmark and Share

Question

I won a Final Judgment in the amt of $5330.00 awarded in Aug 2009. Though I sued the wife for the return of the money since the check was written out in her name. The money was provided to help my neighbor from losing their home. The joint property was owned by wife and husband. Can I also sue the husband since it was a joint property? She indicates that she does not have the funds to pay back such amt from her savings, however, the property was jointly owned. They failed to pay back the amount and have joint checking accounts. She stated she would pay back once the house sold, offered $2500 during mediation, now she indicates she has no money. Can I sue the husband under Florida Statutes 726.105.

Submitted: 26 days and 20 hours ago.
Category: Legal
Value: $38
Status: CLOSED
+
Read More

Optional Information

State/Country relating to Question: Florida

Already Tried:
Sue the wife in small claim court and won the Final Judgement Aug 2009.

Accepted Answer

Thank you for your question.

 

I believe your case would be barred due to the doctrine of collateral estoppel, or issue preclusion. The rule of issue preclusion is to bar relitigation of an issue in a new case that involves a party to the first case. Since your suit was brought in small claims court, the court may relax this rule, but in my experience, the court will dismiss the action if it realizes that you already litigated this issue (or if the husband brings that to the attention of the court).

 

 

Picture
Expert: CTLawyer
Pos. Feedback: 99.2 %
Accepts: 
Answered: 10/28/2009

Lawyer

Experienced in the practice of law

+
Read More

Related Legal Questions

  • how much time do i allow for a flight from london ...
  • what is a decision in principal where a motgage is ...
  • can you find out information about the company XLN ...
  • where can i find a blank award certificate?
  • how do i put a lein on someones property
  • who oversees the trustee assigned to collect money from ...
  • who was lyle lovit married to
  • how can i get free money



Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.
Question List | Become an Expert | Terms of Service | Security & Privacy | About Us
© 2003-2009 JustAnswer Corp.