Saturday, August 13, 2011

Can I sue the wife of a husband whom I have a judgment against?

About a year ago, we bought units and hired someone to install central air for the newly purchased homes. We were to pay half at the start of the job, and the other half upon completion. We have worked with this guy before, as he had done excellent work on our previous home a couple of years ago and were happy with the results. Upon starting the job, we paid the half we agreed upon (for clarification, all of this took place in Los Angeles, CA). He asked us to make the check payable to his wife, as she handles all the finances of his business, to which we happily did. Then he showed up, brought all his tools. He made 3 holes in my ceiling and took off. He abandoned the job site (Even all his tools). We contacted the wife and learned that has fallen into a bit of a drug problem and she herself doesn’t seem him for weeks at a time. When asked to return the money, she became a bit hostile and said that the money (that was made out to her by us) was money that he (her husband) owed her and she is not responsible for any of his dealings. (Despite the fact that the note on the check said “For AC installation” which she signed and cashed). She pointed out that her name is not on the original contract we made out, and as a result cannot be held liable for her husbands actions. His wife has quick claimed him off every piece of property they own. We successfully sued him (he never showed up on his court date), but fear that we will never be able to collect as an ets investigator told us that we are pretty much out of luck on this one. Has anyone ever been in this type of situation? How likely is it that she can successfully claim this defense and win the case? As I understood it, aren’t the wife and husband seen as one in the eyes of the court? Aren’t the dealings of the husband the same as a wife (and vise-versa)? Can she really play this card and walk away with our money? Seems a bit unfair, but I do know that it’s a strong possibility. Any thoughts/advice would be greatly appreciated. Thanks!

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