"Ask the Judge" Column continues in La Prensa of SA, 4-15
Ask the Judge: Suing the wrong person or persons
By Judge Steve Walker
Last year we addressed one of the biggest mistakes a plaintiff makes in the Small Claims docket in Justice of the Peace Court by going after the wrong party and suing them.
Although a common but honest mistake, numerous plaintiffs commit the error because they are frustrated and sometimes so incensed at a perceived wrong they are not sure who they wish to blame. So they sue everybody in sight who might even be remotely responsible for their grievance.
They lash out at the nearest individual that is even remotely involved in the scenario and seek retaliation and or vengeance and restitution from that person who they focus on and believe to be liable for the situation.
When they are informed by the judge that they have to amend or re-file their complaint because in their anger they sued the wrong person, many times their frustration and anger accelerates.
It is not uncommon for someone to “lose it” when they realize they have sued the wrong person and put themselves in harm’s way. Doing so can cost them a contempt charge for inappropriate behavior that could land them in jail for up to 72 hours.
Unlike other offenses that end in incarceration, there is no posting bail for contempt of court. You will serve the full 72 hours before being released.
One of the most common examples of suing the wrong party is when a tenant tries to file a complaint against a house/apartment manager or real estate agent representing a landlord for turning off utilities, putting the tenant and the tenant’s children in harm’s way.
Instead of naming the landlord or owner of the property, they go after the employees of the landlord or owner because they interact with the employees rather than the owner. In court that lawsuit will be dismissed or “non-suited” on those particular individuals.
A second example is, if you buy a defective product at say a Target or Lowe’s, you sue the manufacturer of the product, not Target or Lowe’s who carries the product in their store.
If you choose not to amend the law suit you will be forced to pay an additional filing fee and record a new complaint on the proper defendant.
Being knowledgeable on who to sue will make the process go much quicker for a better result. However, remember that you still must prove your case for why someone owes you money. The burden of proof rests on the plaintiff.
Lastly as always, if you are due in court, be sure to show up to court on time. It is in everyone’s best interest.
Justice of the Peace, Pct. 2 Steve Walker is a Vietnam Veteran and a former Journalist.
By Judge Steve Walker
Last year we addressed one of the biggest mistakes a plaintiff makes in the Small Claims docket in Justice of the Peace Court by going after the wrong party and suing them.
Although a common but honest mistake, numerous plaintiffs commit the error because they are frustrated and sometimes so incensed at a perceived wrong they are not sure who they wish to blame. So they sue everybody in sight who might even be remotely responsible for their grievance.
They lash out at the nearest individual that is even remotely involved in the scenario and seek retaliation and or vengeance and restitution from that person who they focus on and believe to be liable for the situation.
When they are informed by the judge that they have to amend or re-file their complaint because in their anger they sued the wrong person, many times their frustration and anger accelerates.
It is not uncommon for someone to “lose it” when they realize they have sued the wrong person and put themselves in harm’s way. Doing so can cost them a contempt charge for inappropriate behavior that could land them in jail for up to 72 hours.
Unlike other offenses that end in incarceration, there is no posting bail for contempt of court. You will serve the full 72 hours before being released.
One of the most common examples of suing the wrong party is when a tenant tries to file a complaint against a house/apartment manager or real estate agent representing a landlord for turning off utilities, putting the tenant and the tenant’s children in harm’s way.
Instead of naming the landlord or owner of the property, they go after the employees of the landlord or owner because they interact with the employees rather than the owner. In court that lawsuit will be dismissed or “non-suited” on those particular individuals.
A second example is, if you buy a defective product at say a Target or Lowe’s, you sue the manufacturer of the product, not Target or Lowe’s who carries the product in their store.
If you choose not to amend the law suit you will be forced to pay an additional filing fee and record a new complaint on the proper defendant.
Being knowledgeable on who to sue will make the process go much quicker for a better result. However, remember that you still must prove your case for why someone owes you money. The burden of proof rests on the plaintiff.
Lastly as always, if you are due in court, be sure to show up to court on time. It is in everyone’s best interest.
Justice of the Peace, Pct. 2 Steve Walker is a Vietnam Veteran and a former Journalist.
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