Served as Plaintiff

[winterbound]

What is the name of your state (only U.S. law)? MN

A tenant disputing some damage deposit deductions served me for small claims court but there are two problems: First - he wrongfully listed and served me as a plaintiff and mistakenly put his partner as defendant, and Second - he is trying to sue me personally when the lease and checks were all made out to an LLC. Do I even have to show up?

 

[Zigner]

What is the name of your state (only U.S. law)? MN

A tenant disputing some damage deposit deductions served me for small claims court but there are two problems: First - he wrongfully listed and served me as a plaintiff and mistakenly put his partner as defendant, and Second - he is trying to sue me personally when the lease and checks were all made out to an LLC. Do I even have to show up?

It is never wise to ignore legal matters...

 

[latigo]

You see two problems? Well, I see a possible third “problem” in the form of a personal judgment against you if you sit back and do nothing.

I’ve said this before and I will continue to say it:

Never, never approach a lawsuit thinking that the other guy doesn’t have a lawsuit! In other words, whether prosecuting a claim or defending the other guy’s claim you must do so on the strength of your own position in the case and not on the apparent weakness of the opponent’s position.

And this applies to relying solely on the sloppiness of the claimant’s paperwork. It maybe that the judge will throw out the complaint and return of service and make the guy start over. But it is highly risky to presume that that will happen. Especially in the informal setting of a small claims action where substance usually prevails over form.

The appropriate method of raising the issue of the proper party defendant being the LLC and not you personally would be a motion to dismiss. But I can’t tell you what preliminary procedures are permissible in small claims court under Minnesota’s court rules.

I have to assume that the LLC has an attorney who can advise you as to these rules. If not, then it had better retain one.