My ex husband and I were sued over a debt my ex was court ordered to pay. A default judgement was entered on my ex for failing to appear. I had to go to mediation over the debt which is now set for trial. The creditors lawyer and paralegal told me that their balance is 1844 and a judgement was awarded to them for 1644 from my ex. They want me to pay half, and when I asked why would I pay half when the only money not awarded to them against my ex is $189, The paralegal told me that a judgment was entered against my ex cause he didnt show and they intend to obtain the full amount from me in trial. I did offer to pay the $189. Can they even threaten me with that, after a judge entered the judgment? How can I let the judge know they did, if they in fact cant threaten that?
Judgments may be obtained against multiple defendants jointly and severally. Joint and several liability means that each defendant is liable for the entire amount of the debt, that the creditor can go after any of the defendants, but the creditor can only recover the maximum amount of the judgment (eg they cannot recover the full 1644 from your ex as well as the 1844 against you).
So basically, yes, they still can go after you for the full amount. If that happens, they have the option to go after you or your ex. If you have the "deeper pockets," they will collect the judgment from you more aggressively.
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I agree with Attorney Kluck. The plaintiff can get a judgment for the same money against any number of parties. The plaintiff will only be able to recover once but having choices for collection targets can be very important for plaintiffs.
Please mark answers you appreciate with positive feedback!<p><a href="http://www.msm-law.com/nicholaspasse.html">Attorney Nicholas J. Passe</a><p><l>Disclaimer: Per the avvo.com community guidelines, no attorney/client relationship is created by the asking or answering of questions on this web site, nor do the answers constitute legal advice. Always hire an attorney before making any important legal decisions. Posting details of a case on avvo.com may be subject to discovery in criminal or civil litigation, so erring on the side of nondisclosure is wise.<p><a href="http://www.msm-law.com">Moen Sheehan Meyer, Ltd.</a>
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