Sometimes a person sues more than one person or entity in a lawsuit. At the end of the case, there are two types of money judgments possible. The judge may order that each of the defendants pay a certain amount of money to the plaintiff. But, in many cases, the judge will sign a judgment against both defendants, “jointly and severally.” What does this mean?
A Plaintiff who has a “joint and several” judgment against multiple Defendants has the ability to execute upon the assets of either or both of the Defendants until the judgment is fully paid.
Here is how this type of judgment can play out in real life. Assume that John Smith is seriously injured in a 3 car accident which is caused by drivers Mary Brown and Robert Johnson. The judge awards Smith a $250,000 “joint and several” judgment against Brown and Johnson. In such a situation, John Smith is free to obtain the assets of either of the Defendants in order to satisfy the judgment. If one of the Defendants is uninsured or has few assets, Smith will take the easiest route and execute against the assets of the wealthier Defendant.
If this happens, the wealthy Defendant can then sue the poor Defendant for reimbursement for his half of the judgment, but this will be a waste of time and money if that Defendant has no assets.