Legal Question in Business Law in Illinois

What happens if you are sued jointly in a civil case and your co defendant (a business) doesn't show but you still show to defend yourself? If it is the same case can they get a judgment against me personally because the company didn't show or would it just proceed without him? Basically would I still be able to defend myself if he never showed?


Asked on 3/27/14, 4:09 pm

1 Answer from Attorneys
Chen Kasher Chen Kasher

Unfortunately, you may be jointly and severally liable for any judgment. This means that the plaintiff could get a judgment against you, and then you would have to file what's called a "contribution" suit to get partial reimbursement from the company.

Alternatively, I expect that the plaintiff will move to "default" the company, meaning that they never showed up and are on the hook for whatever damages he can prove to the judge. This may be the better course of action for them, as they know any judgment against you is likely to go uncollected.

More information would go a long ways toward a real answer here, though.

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Answered on 3/29/14, 8:41 pm


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