Legal Question in Civil Litigation in Florida
Can I add myself as defendant in a small claims court case against my husband?
My husband has been named a defendant in a small claims court case regarding loaned money by my step-mother. The money is not owed. A pre-trial conference has been scheduled and I am not allowed in the proceedings since I am not named in the suit. My husband and I have all joint accounts and joint assets, as such if he loses I also lose. Can I ask the court before hand to add my name as a defendant? Since my assets are at stake don't I have a right to be present? Due Process? I am currently a criminology major and have a better understanding of law than my husband.
1 Answer from Attorneys
Re: Can I add myself as defendant in a small claims court case against my husban
The simple answer is yes.
The complicated answer is that under a procedure called impleader, you husband can make a speaking motion to the court alleging that you are or may be liable for all or part of your husband�s liability. If the court grants this motion then you will be brought into the case as a defendant and will then have to answer the compliant just as your husband had to.
The other option is that your husband can file a motion to join an indispensable party, where he would argue that you are necessary for the case since you have an interest in the outcome.
No matter what you want to call it the judge will allow you to be brought into the case.
However, why do you want to be brought in? If a judgment is entered against your husband alone the plaintiff will not be able to collect on any joint assets since you were not a party to the case. So you are actually better off not being in the case.
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