Legal Question in Credit and Debt Law in Virginia

joint or severed judgement

We were sued and the creditor was awarded a joint or severed judgement. The attorney accepted a offer from my partner and gave hime a release. Based on this information is the debtor still able to pursue the case? Thanks


Asked on 7/12/06, 4:58 pm

2 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: joint or severed judgement

Joint or several liability for purposes of your situation would mean that if you partner has settled, the judgment creditor would still be able to go after you, unless you also have settled and have been the beneficiary of the creditor's release from liability.

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Answered on 7/12/06, 5:25 pm
Jonathon Moseley Jonathon A. Moseley

Re: joint or severed judgement

I think it would be extremely important exactly what the document actually says with your other partner. I would be happy to check it over for you for a very modest rate of $110 per hour. Most of the time spent reading over a document like that is in explaining what it says to you, after studying it.

Clearly, to the extent that the claimant has received at least part of what he was asking for, he cannot ask for that part of it from you also. He cannot get paid twice for the same thing.

However, if the release with the other debtor is not 100% of the amount claimed, then the plaintiff can ATTEMPT to get the remaining balance from you.

In fact, it is not uncommon for people to do this in order to get the other person (your partner) to testify AGAINST you.

Using the tools of discovery, you can demand a copy of these documents.

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Answered on 7/27/06, 9:33 pm


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