Legal Question in Credit and Debt Law in Georgia

Of course not (actually, you can sue but you would lose and quite possibly end up owing her money).

Your question does not make sense. Your neighbor borrowed money and you want to sue his wife? What for? And why the wife?

A husband is not liable for the wife's debts and vice-a-versa. If the husband borrowed money from you for any purpose, you sue the husband, not the wife unless you have a piece of paper obligating the wife to pay.

Before you sue anybody, do you have a writing, signed by the husband, in which he agreed to repay the money? If not, has he made any repayment at all and maybe wrote on the memo line of the check that it was a loan payment?

What were the terms of the agreement? How much was borrowed? Was it to be repaid immediately at one time or in installments? If in installments, did it carry any interest?

What I would do first before jumping to sue is I would make a written demand on the husband. Recite the terms of the agreement in the letter, advise how repayment was to be made and that the loan has been repaid or that a payment is due. If the loan was to be paid on demand at once, then ask him to pay or else you will pursue legal action. If you are willing to be repaid over time, offer to accept so much per month with a reasonable interest and ask him to sign an agreement (which you enclose). Ask for a response within 15 days. If he does not respond, then you go to small claims (magistrates) court in the county in which he resides if he lives in Georgia. If he does not live in Georgia, then you sue him where he lives.

The limits of small claims in Georgia is $15,000 and I assume that the husband borrowed less than that. On the off-chance that you have a writing signed by the wife, then in that event, you send both the husband and wife as noted above. In such case, you could sue either the wife or husband or both. If one lives in Georgia, then sue whomever lives in Georgia. If they live in different Georgia counties, sue where one of them lives but sue both.

You then have to follow through with the suing.

Of course not. If you did that, you could be sued for abusive litigation and could be made to pay damages and legal fees to her.