Wrongful suit
May have sued the wrong person. What can be done to rectify or clarify the suit? Can this individual counterclaim and actually win if we meant no harm to this individual? This individual is the Statutory Agent for a business. The justice courts told me that you cannot file a lawsuit against a corporation and that it must be filed against the Agent. What do we do?
Asked on 1/14/01, 10:29 pm
1 Answer from Attorneys
Charles Aspinwall
Charles S. Aspinwall, J.D., LLC
Re: Wrongful suit
One who acts as his own lawyer runs the risk of the consequences of improper procedures.
1. Immediately dismiss against the statutory agent and send him an endorsed copy of the dismissal;
2. One sues the corporation by name [Jones vs. Corp.], but one SERVES the statutory agent with summons and complaint.
Answered on 1/30/01, 11:54 am
