loss in small claims, what can and can't they do?

[annmarie]

My husband has a small business, not incorporated. He is being sued for $10,000. If he loses can they touch any of our joint assests, i.e., joint checking/savings, home, vehicles? Can they touch things in just MY name? Is there any way of asking the court for some sort of payment plan? One more thing, if we have good reason to believe we have been taken to court as a result of malicious gossip about my husband's past (and they infer such in court), do we have cause to sue them or have the proceedings stopped? Thanks

 

[ndragon]

If the business is a sole proprietorship, he is liable for any judgment. They can garnish him; take his tax refund, even personal property if it goes that far. The property must not be more valuable than the amount owed, and it has to be in his name if I recall correctly. As for a payment plan, yes, you can request that at the time the judgment is entered.
If the malicious gossip is true, they will likely use it against him if it has anything to do with the case at hand. If it is not true, than the truth is on your side and you should use it to defend yourself.

-Nick

 

[dee_dub]

Joint assets are susceptible to judgment. Your assets are not.

You can always ask the court for a payment plan. There is no guarantee you will get one. Bring your financial statements and be prepared to show you can't pay now but that you can over time.

if we have good reason to believe we have been taken to court as a result of malicious gossip about my husband's past (and they infer such in court), do we have cause to sue them or have the proceedings stopped?

Regardless of why you were taken to court, if the other party has a valid suit, they are entitled to sue. If you have grounds for a countersuit, countersue them.