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tearia1999 · Oct 14, 2011, 11:15 AM

I filed a civil suite against an company and their attorney responded back with an answer. This is what it states " answer of defendants first defense as named defendant United Motors is not a legal entity. The legal name of the business for whis the Plaintiffs entered a contract is United Motors Cars, INC. This action should be dismissed against defendant United Motors in that said defendant is not legal entity. Second defense the named defendant is not a proper party to this action in the plaintiffs' contract was with United Motors Cars, Inc. This action should be dismissed against the defendants in that he is not a proper party. Third defense paragraph 1 of plaintiffs statement of claim is denied as alleged. Paragraph 2 of plaintiffs statement of claim is denied. All provisions of the statement of claim not admitted are hereby denied"

Can someone please explain to me what they are saying

AK lawyer · Oct 14, 2011, 01:19 PM

Originally Posted by tearia1999

... United Motors is not a legal entity. The legal name of the business for whis the Plaintiffs entered a contract is United Motors Cars, INC. This action should be dismissed against defendant United Motors in that said defendant is not legal entity. ...

They are saying that you got the defendant's name wrong. The remedy is not to dismiss, but rather to amend your complaint. This can be done quite easily. It's not a big deal.

Originally Posted by tearia1999

... Second defense the named defendant is not a proper party to this action in the plaintiffs' contract was with United Motors Cars, Inc. This action should be dismissed against the defendants in that he is not a proper party. ...

Another way of saying the same thing. See above.

Originally Posted by tearia1999

... Third defense paragraph 1 of plaintiffs statement of claim is denied as alleged. Paragraph 2 of plaintiffs statement of claim is denied. All provisions of the statement of claim not admitted are hereby denied"

They are denying and disputing what you said in paragraphs 1 & 2.

Fr_Chuck · Oct 14, 2011, 01:54 PM

Agree, when you file a civil motion, everything has to be exactly right, one letter wrong and the other side can ask for things to be dismissed.

Since they have an attorney, expect them to file dozens of such motions on everything you file, trying to win before you even get to court.

tearia1999 · Oct 14, 2011, 02:05 PM

We have a court date on nov 2. how do I amend my claim. I contacted the city to find out the owner name of united motors and I put the name that was given to me. I understand the part where I put "United Motors" instead of "United Motor Cars, Inc"

AK lawyer · Oct 14, 2011, 02:35 PM

Originally Posted by tearia1999

we have a court date on nov 2. how do i amend my claim. I contacted the city to find out the owner name of united motors and i put the name that was given to me. I understand the part where i put "United Motors" instead of "United Motor Cars, Inc"

Re-submit your complaint, with the name of the defendant corrected, and entitle it "Amended Complaint". Attach it to a "Motion to Amend Complaint". In most courts, the civil rules require you to also submit an appropriate order for the judge to sign.

tearia1999 · Oct 14, 2011, 03:24 PM

OK, thank you

twinkiedooter · Oct 14, 2011, 06:57 PM

You should have contacted the Secretary of State of your state for the correct corporate name and the name of the listed president and registered agent and where to legally serve the company at the registered agent's listed address.

tearia1999 · Oct 14, 2011, 07:27 PM

I did contact them and the information I provided was given to me by them. The only thing I forgot to include was "cars inc." behind united motors. I just went to t bbb website and they have the same owner name as the one I listed on my court filing.