Legal Question in Credit and Debt Law in Oklahoma
sued by wrong plantiff
I received a summons with the wrong plantiff listed by the attorney for the plantiff. I was a patient at University Hospital (OU Medical Center), but the plantiff listed is Integris Baptist Medical Center. How should I word my written answer to the summons?
Asked on 7/17/03, 4:21 pm
1 Answer from Attorneys
Re: sued by wrong plantiff
You must raise all available defenses under rule 12 O.S. 2012. Any of those defenses that you fail to raise will be waived. You may also want to do a motion to dismiss via special appearance. In that motion will probably want to rais a 12(b)6 defense of failure to state a claim.
Answered on 7/18/03, 10:44 am
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