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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have recently (May'16) obtained a County Court (Small

Resolved Question:

I have recently (May'16) obtained a County Court (Small Claims) judgement in my favour relating to a debt owed. The debtor ran an Agency which provided some work for me. I was able to prove that he personally stole from me (withholding my earnings)using his agency as a 'cover' for the theft.
Since embarking on the Court action two years ago I have discovered that the Agency was actually in a joint husband-and wife ownership (on a 50-50 basis).My claim, therefor ought o have been made against both of them, not just the husband.
I would like the wife/business partner to be recognised by the Court as equally liable for the debt owed.
Can I request the Court to have her name included in the Judgement/Order or must I now start a separate Court action against her?
Submitted: 11 months ago.
Category: Law
Expert:  Ash replied 11 months ago.

Hello my name is ***** ***** I will help you.

Was it a limited company or partnership?

Alex

Customer: replied 11 months ago.
It had LIMITED in its title
Expert:  Ash replied 11 months ago.

No, you can't just ask that her name is ***** ***** am sorry to say. This is because the limited company is a legal entity. Therefore you need to issue a new set of proceedings.

Can I clarify anything for you about this today please?

Alex

Customer: replied 11 months ago.
I am sure you can but you will need further information. The fact of the matter is that I have received a Judgement against both the Agency X--- Y--- Ltd (as 1st Defendant) and against Mr A-- B-- (as 2nd Defendant). Does this alter things? Sorry not to have included the additional information prior but I did not think it relevant at the time.
Customer: replied 11 months ago.
I was hoping to be able to have the wife added as either a joint Second Defendant (If there is such a legal entity ) or as a 3rd Defendant. I was also able to do this by simply writing in to the Court and requesting it. Hope this helps.
Expert:  Ash replied 11 months ago.

No you can't do this. Need to issue a new clam.

This does not alter things. You can't just add wife if judgment has been entered. You need to issue a new claim as she will and must have an opportunity to defend it.

The civil procedure rules are quite clear on this.

Does that clarify? Alex

Customer: replied 11 months ago.
thank you Alex. It was what I was expecting but hoping that I was wrong and that matters would be more straightforward. Thank you for your guidance.
Expert:  Ash replied 11 months ago.

If I could invite you to rate my answer before you go today please, otherwise the site does not credit me for the time spent with you today. Thanks and good luck. Alex

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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