Legal Question in Civil Litigation in California

Re: A person owes me money

I generally agree with Mr. Cohen. If the amount is over the $7,500 small claims limit you have the option of seeking only that amount and waiving the rest in order to qualify for small claims; given the added cost and effort litigating in the superior court usually entails this may be a smart way to proceed, depending upon the amount at stake.

You can't name the husband as a defendant because he didn't borrow the money from you. If you win a judgment, though, and if the couple has formed a marital community (in other words, if they have not kept their finances separate) you should be able to collect from his income and/or their joint property.

Don't count on the husband to testify in your favor. Few spouses would agree to do such a thing even when they feel the other spouse is in the wrong. There are also evidentiary privileges the wife can invoke to prevent her husband from testifying about certain matters even if he wants to.

Re: A person owes me money

You might send her a demand by certified return receipt mail giving her a reasonable date to pay it back. Keep a copy. You didn't say how much $$ or when she borrowed (to see if the statute of limitations has run). If $7,500 or below, you can sue in small claims court. If she borrowed while married, the husband might be partially obligated on the debt as it's a community debt (if in California). If more than $7,500, you'd sue in limited jurisdiction in a court in the county where performance (i.e. payment) was to be made.