Legal Question in Civil Litigation in Georgia

Didn't Sign Original Contract, But Filed As Co-Defendant

My husband and I hired a handyman to do some jobs around our home. He was given money upfront for materials (this was a bad idea I now know) basically showed up a couple of hours, cashed our checks, bought a few items only and did horrible work then never came back. When we hired him we had a written contract. The handyman and my husband signed it, but I did not. When I filed our case in the magistrates office to get a civil court date, I put my husband and I as defendants. We received a letter last week from the handyman's lawyer telling us they will ask for the case to be thrown out because it has both of our names and my husband signed the original contract and I did not. I am wondering if this will really get the case thrown out or if the judge will allow it to continue and deal with only my husband as the defendant?


Asked on 9/16/03, 2:54 am

1 Answer from Attorneys
Charles W. Field Charles W. Field, Attorney at Law

Re: Didn't Sign Original Contract, But Filed As Co-Defendant

I seriously doubt the judge will throw out the case for the reason you stated. However, I believe that if you just file something with the court as simple as "I, Jane Doe, hereby dismiss my claim against John Doe", that should take the wind out what I am sure is a bluff by the handyman's attorney.

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Answered on 9/16/03, 11:17 am


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