Legal Question in Civil Litigation in Washington

Improper Small Claims Filing

We signed a contract with a small corporation to sell our home. The president and vice-president of this corporation have filed a small claim suit in their personal names as the plantiff's and not in their corporation's name as the plaintiff.

Would the judge throw this out if I request it and make them file this in the proper name as the corporation, since that is who I have the contract with. I don't have the contract with these two individual people so I don't even see how I could file a proper counter suit.

Thank You


Asked on 11/26/03, 11:52 pm

1 Answer from Attorneys
Peter James Law Office of Peter James

Re: Improper Small Claims Filing

well, if there is no contract between you and the individuals who have filed suit, then they have no standing to file the suit ... You have not provided any details regarding the pending suit - or any merit it may have - if your goal is to avoid liability solely on technical (entity) grounds, then I would suggest you refine your approach ... I'm willing to help, but not if you're just trying to avoid a valid debt

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Answered on 11/27/03, 1:19 am


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