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Named as a defendant based on defective workmanship- I am not the business owner

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DMK37

Junior Member
What is the name of your state? Iowa

My Brother and Dad had a written contract and received 1/3 down for a concrete slab and garage to be built. The check was made out to his business. They asked me if I could help with labor on this job, I agreed to a weekly wage. The owner was unhappy with the concrete work. My brother said he would take care of it and fix it. The owner didn't want him back on the property and fired him. My brother did take pictures and when he took over a concrete specialist to take a look at the slab the owner had already hired someone to tear it out.
My Brother and Dad signed a statement for me that states; that I am not in business with them and I had no participation with any written or verbal contract between them and the owner.
Does the Plaintiff have a case against me?
 


BL

Senior Member
The Proper Defendant is then the Business , bring that up at the Hearing , and request The Plaintiff to Produce the Contract .

State that you are not a Part Of the Co. or a Representative thereof ,just an Employee , at the Beginning .

That Should end it against you ..
 

JETX

Senior Member
DMK37 said:
Does the Plaintiff have a case against me?
Contrary to what you have been told.... Do NOT do it.

All you have to do is file a simple Affidavit, signed by a notary, that you are not an owner, agent or affiliated in any way with ownership or management of the company.
Then write up a very simple "Motion to Dismiss" asking the court to dismiss you from the lawsuit and include a copy of the Affidavit. Send both to the court.
If what you say is true, the court should dismiss you from the suit.

You have NO obligation to tell them anything about who the owner is... or anything. Let the idiots find out for themselves.

Or you can simply show up on the date/time for the trial and tell the court the same thing and ask to be dismissed from the suit.
 

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