I was sued in small claims court in FL and naming Plaintiff XXX (Corporation) who is not registered in the state, there have been a Pre Trial and I filed a Motion to Dismiss as I stated I never had Contract with the Corporation.
Now I receive a Motion to Permit Telephonic Appearance (for tomorrow morning) to hear my Motion.
At the top of the Motion the name of the Plaintiff now list a subsidiary of Company XXX, (LLC YYY) that is registered with the state to conduct debt collections
2007-07-22 11:59:12 · 3 answers · asked by John P 1 in Politics & Government ➔ Law & Ethics
Yes, that's fine. It is done by amending the complaint, which you can do at least once with no penalty.
2007-07-22 12:08:40 · answer #1 · answered by cyanne2ak 7 · 0⤊ 0⤋
The attorney cannot, but the attorney can file a motion with the court to substitute one party for another. It's most commonly used for defendants, but can be use (in limited situations) for plaintiffs.
Corporations don't need to exist within a state to file a lawsuit within that state. As long as they have representation (an attorney) that's all the need to appear. And naming a subsidiary is not the same as changing a party name. Such is one of the oddities when working with corporate law.
Your motion to dismiss will be resolved on the merits -- did you have a contract with that entity, by whatever name.
2007-07-22 12:04:01 · answer #2 · answered by coragryph 7 · 1⤊ 0⤋
It is called subsitution of parties, happens all the time.
2007-07-22 12:02:44 · answer #3 · answered by Anonymous · 0⤊ 0⤋