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Richard, Attorney
Category: Legal
Satisfied Customers: 55708
Experience:  Attorney with 29 years of experience.
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i am filling a small claims court case in nc for money owed

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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.
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.

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Customer: replied 4 years 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.

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 4 years ago.

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

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.
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