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-   -   Wronfull smallclaims suit (https://www.askmehelpdesk.com/showthread.php?t=307305)

  • Jan 22, 2009, 03:32 PM
    donb33
    Wronfull smallclaims suit
    I am being sued in small claims court... I never did anything wrong.. The person is suing a family member and knows I have money... Its upsetting to know that someone can sue you even if you did nothing wrong... I need help to find out how to get my name of the small claims suite..
  • Jan 23, 2009, 11:00 AM
    Justice Matters
    In every lawsuit a plaintiff must prove liability and damages. If the plaintiff cannot convince a court that you are liable then the action as against you will be dismissed and likely with costs against the plaintiff.

    If you wish to be removed from the plaintiff's claim immediately then you either need the consent of the plaintiff or an order from the court.

    Any withdrawal on consent may or may not involve the payment of monies to or from the plaintiff. This will largely depend on the mindset of the plaintiff.

    An order of the court (which would need to be sought on a motion) may be harder to come by since many courts prefer to leave decisions with respect to liability and damages to a trial judge.

    Regardless of how you are ultimately released from this lawsuit do be mindful of any deadlines to file a defence in the meantime.

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