[choice building]

Hi, I have 2 companies recently was severed a summons for the wrong company ? How can I get the summons changed ?

Thanks in advance

[AK lawyer]

What do you mean "wrong company"? A company other than either company you own?

[choice building]

Hi Sorry for the confusion, they have served the summons to one of my two companies which was a sole trader that has been dormant for some time, they should have served this to my ltd company to allow me to challenge this.

Hope this makes sense

Kind regards

[AK lawyer]

They served you.

But they named your sole proprietorship (you, essentially) as the defendant instead of your limited company (corporation or LLC)? You would answer the complaint by stating that the debt is that of the LLC and that you are not personally responsible for it.

[Fr_Chuck]

If the service was not for the person responsible, you will file to have the case even dismissed or prove the company served was not liable for the debt and win the case and ask them to pay costs

[ScottGem]

Ask the court to vacate the summons because it was not involved. The plaintiff will then realize their mistake and refile against the other company.

[AK lawyer]

Ask the court to vacate the summons because it was not involved. the plaintiff will then realize their mistake and refile against the other company.

I don't think so. OP is associated with both companies. The plaintiff sued one of them. If OP is the correct person to make service of process on (registered agent, for example, for the corp.; owner for the sole proprietorship) with respect to both companies, and it appears that he/she is, the summons was not wrong. If the company named in the complaint, and served, is not liable, that's not a summons problem.

[ScottGem]

OK, so a motion to dismiss instead of vacate. The point is, if there are no grounds to sue the company named the suit will be dismissed and the plaintiff will have to refile.