Ask Experts Questions for FREE Help !
Ask
    donb33's Avatar
    donb33 Posts: 1, Reputation: 1
    New Member
     
    #1

    Jan 22, 2009, 03:32 PM
    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..
    Justice Matters's Avatar
    Justice Matters Posts: 210, Reputation: 27
    Full Member
     
    #2

    Jan 23, 2009, 11:00 AM
    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.

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Law suit [ 2 Answers ]

I actually have 2 questions.. I have a friend who's husband died a couple of years ago. He left her his Big Rig and she sold it for $20K. SHe also gained a house, however the family of her husband appealed the will in order to get the house. My friend filed a lawsuit and ended up giving the house...

A suit? [ 9 Answers ]

It is a suit that is worn by the groom in a wedding right? I am positive that is it, but for some reason a tux keeps popping into my head too.

Wrongful suit [ 2 Answers ]

I'm currently being sued for credit card debt that's not my debt. Collection agency is suing me because I happen to be the only person in this area listed in phone book with that name. After responding to summons there law firm sent me stipulation to sign saying they would drop action but neither...

Civil Suit [ 7 Answers ]

Civil Suit -------------------------------------------------------------------------------- I owned a mobile home about 3 years ago and was young and dumb, got into a high interest rate loan and could not make payments, voluntarily left and have been renting ever since. Now 3 years later am...

Suit [ 1 Answers ]

I'm going to a evening concert, (jazz). Does a light tan suit sound OK. What shirt color??


View more questions Search