Q: How do i remove my name as a defendant in a small claim case; I am the owner of an LLC and plaintiff is suing both.
we went to pretrial and the case was set for trial; however, the plaintiff has now filed motion for summary judgment. i have prepared a response and wanted to know if i can add verbiage as to dropping my name from the case since i have never signed any agreement making myself personally liable on behalf of my llc. i read that i cannot file motions in small claims. so, how do i remove my name as a defendant? the plaintiff cannot substantiate his case that i owe him anything because i don't owe him anything-- he just has ulterior motives for bringing this case against me and my company. can i ask the court to have my name removed at the summary judgment hearing or in my response to SJ?
A: Small claims court uses a somewhat relaxed procedure. You definitely need to file a response to the summary judgment to dispute the facts claimed by the Plaintiff. You can ask in your response for the case against you individually be dropped or for you to be dismissed from the lawsuit but it is up to the Judge in the end. There is not really a technical form as small claims is designed for non lawyers but lawyers can assist parties on either side. I suggest that you may want to consider getting a lawyer as the lawyer for the plaintiff is likely well versed in litigation and you are likely not well versed in litigation, so it puts you at a disadvantage.
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