Can I file a judgement againsta wifeif onlyher husband signed the defendant’s reply and counterclaim?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can I file a judgement againsta wifeif onlyher husband signed the defendant’s reply and counterclaim?
I served both of my former renters (husband and wife) . It was for non-payment of rent and deposit along with damages done to my property and unpaid water bill that defaults onto me. They have filed a counter-claim for their unreturned deposit (for more then they ever paid in deposit). The paperwork is very clear that both defendants must sign the response but only the husband did. Do I have any options to just go after the wife for judgement since she did not sign?
Asked on July 16, 2011 under Real Estate Law, Oregon
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If only the husband answered the complaint that you filed against him and his wife, the wife was personally served with the summons and complaint and has not filed an answer in the time required, you can request the entry of a default judgment against her.
This requires the filing of a special default request with the court clerk and it needs to be served upon the husband and the wife you are suing.
If you serve and file the request for entry of default if the wife did not answer the complaint after being served with it, you essentially win your claim against her by default. However, under the laws of most Staes in this country she can file papers to have the request for entry of default set aside. If a default is entered against her and she fails to have it set aside, you then prove up your damages against her and end up with a judgment.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.