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3rd party/co-defendant

  • 21-06-2011 10:20pm
    #1
    kizzyf
    Registered Users, Registered Users 2 Posts: 206 ✭✭


    A friend who was appointed executor in his friend's will has now been named as a Defendant in proceedings. Someone is trying to bring a claim (debt collection) against the estate. The debt that is claimed relates to the deceased allegedly purchasing an item and giving a cheque which subsequently bounced for payment.

    Plaintiff waited nearly two years later to bring case. Person was dead over a year at this stage.

    Executor believes no such purchase took place. 3rd party has now been joined by Executor. 3rd party is person who Executor (Defendant) may have given cheque to plaintiff.

    Anyway query is. If when it comes to court Judge decides that yes the 3rd party was the person liable what happens?

    Can Defendant have 3rd party named as Co-defendant? Can Plaintiff have them joined as co-def? Plaintiff and 3rd party are friends.

    If plaintiff wins case does judge decide if Def or 3rd party is liable to pay or is judgment given against Def and then its up to Def to try recoup against 3rd party? 3rd party doesn't seem to have funds to pay debt.

    It's district court case. Want to give my friend a clearer idea of what might happen as their Solicitor didn't seem too sure or wasn't able to explain it to them.

    Thanks.


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