How to remove defendant from complaint on account & contract

[RNTCB]

Tyring to find out what to do in order to have myself removed as a defendant.

In July '05 I was served a summons naming me as Defendant for a debt incurred by my previous employer - the Plaintiff is the insurance company that provided workers comp. In my answer I indicated that I did not own, have never had ownership nor have I ever done business as the company which was owned by a sole proprietor. I answered that I worked for the company from 8/00 - 7/02 and income received is shown (and reported with my tax filings) on 1099-MISC forms with the company owners name & address. I also answered that because I did not own the company I am not indebted to the Plaintiff for the principal, interest or attorney fees. Additionally, I answered that I did not reside at the address they said I did - the last time I lived at that address was in 1992.

In November '05 I received a Plaintiff's Motion To Add Additional Defendant. In December '05 I received Order from the court granting the Plaintiff's Motion to add Defendant.

On 1-10-06 I received Plaintiff's First Amended Complaint that basically was the same as the first EXCEPT that it added the owner of the company's name and the interest amount had increased. I have 30 days to answer this Amended Complaint. My answer is the same as it was before but I'm not sure if I should answer in the same manner or if I should file something else asking that the court remove me entirely. They are still listing me as D/B/A but that is not true. The owner of the company should be listed as D/B/A and I feel I don't have anything to do with the case. Please advise how to go about having myself removed as a Defendant and what type of forms to use. Thanks.

 

[RNTCB]

Georgia

Cobb County Georgia

 

[badapple40]

File the same answer.

Then put an affidavit together, detailing all of the above. Attach it to a motion for summary judgment.

You really aught to get an attorney. For the $2,000 or so you'll spend, it will save you a lot of headache down the road.

 

[AlexandriaDumas]

I would suggest you telephone plaintiff's counsel and speak with him/her about this. It may just be an oversight. Refer to your letter and ask to be dismissed.

If they refuse or obfuscate, ask for an extension of time to file your answer, preferably an open-ended extension (no date due), but in any event, ask for a three or four week extension of time to answer the complaint.

Follow up the phone call up with two letters, one that says something like "Thank you for granting an extension of time to answer the complaint," and the other detailing your conversation about asking to be dismissed, "It was a pleasure speaking to you today about dismissing me from this lawsuit. You said _____________. I would sincerely appreciate your immediate attention to this matter."

Be sure the letters are short and concise and polite.

I know this doesn't give you a definitive answer, but this is what I would do to start. Hopefully it is all you'll have to do. But if this doesn't work, yes, you'll need to hire an attorney.

 

[RNTCB]

Motion to dismiss

Thanks for the replies - The total amount they are seeking is just under $3700.00 and I really can't afford to pay $2000 for an attorney which is why I'm trying to handle myself.

Apparently my answer to the orginal Complaint worked to some degree since the Defendant they ADDED is the appropriate person liable for the debt. The next battle is having myself removed. I guess I'll proceed with answering the same as I did before but I need some guidance or samples regarding the filing of an Affadavit along with a Motion To Dismiss. Any recommendations as to where I might find samples?

Also, I've phoned the attorney and left messages 3 times with no response. I guess the only contact with them will have to be written. In addition to sending them a copy of my Answer that will be filed with the State Court, I'll send a letter under seperate cover asking for dismissal. I'm not sure if dismissal & removing a defendant are the same. Does this sound like the right way to go?

Thanks - I look forward to your responses.

 

[RNTCB]

Defendant request for removal from complaint

How do I ask the State Court of Georgia in Cobb County to remove me as a Defendant in this case.

Can someone direct me to a sample format to make this request?

Should the request to remove me as a Defendant be a separate filing from my "Answer To Complaint"?

OR - would it be better to just file my "Answer to the Complaint" and wait to see what happens?

My hope is that the Plaintiff will realize they are mistaken and amend their Complaint again to list only the appropriate "Defendant" which is not me. If that doesn't happen and I have to appear before a judge, I hope it would be apparent that I am not the right person to sue.

Opinions please.