Oviedo, FL asked in Business Law and Contracts for Florida

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?

Related Topics:
Lawyers: To answer this question, please Log In to your account.
1 Lawyer Answer
Answered
  • Santa Rosa Beach, FL
  • Licensed in Florida

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.