What Happens in a Small Claims Case when the Co-Defendants Are Divorced

**fateskiss** · 07-06-2009, 07:52 PM

My question involves small claims court in the state of: Michigan

I received a summons for a small claims case today and my ex-husband is listed at the co-defendant. Since we are divorced and have been for some time how does this affect my case? Also he is now a member of the military and lives out of state, and I have proof that he was never served papers whatsoever. Instead of serving us both separate papers, they only served me with both our names on one sheet. What happens if I show up and he doesn't? Will they make me pay the whole amount? What should I do??

**Mr. Knowitall** · 07-09-2009, 10:29 AM

You were served. Service or non-service of a co-defendant is irrelevant to that fact.

Is your address still your ex-husband's legal domicile? Have you told him about the lawsuit? He is free to argue that he wasn't properly served, and you are free to inform the court that he no longer lives with you, but I can't promise what the judge will do.

If you're being sued "jointly and severally" and the plaintiff wins, the plaintiff can recover the entire judgment from you.

**KeyWestDan** · 07-09-2009, 07:25 PM

I do not believe anybody can sue "jointly and severly" in small claims.

The original poster should do some research on Michigan small claims law. There are a lot of things that can't be done in small claims that are done in larger cases such as discovery.

The separated/divorced thing makes no difference if the debt happened before you were legally divorced. The court will probably issue a default against your former hubby.

If it involved more money and was in a county or circuit court you could file a cross-claim against the former hubby and get your own judgment against him. That would be funny.

If you can't afford an attorney, there are various legal services groups that will help with small claims, evictions and the like. Check your local area.

**fateskiss** · 07-18-2009, 10:09 PM

I did tell him over the phone that he and I were being taken into court. He contacted Navy Legal, they contacted the court, who told them that he had not be served and didn't need to come to the hearing.

I guess my biggest problem with this whole situation is that we are both on the contract equally, how is it possible for them to hold me accountable for the whole thing and he gets away with out having to pay a dime (just because they can't find him to serve him). Where is the justice?!?!?