"Ask the Judge" Column continues in La Prensa of SA, 1-1
Ask the Judge: How to remedy a wrongful lawsuit
By Judge Steve Walker
Many months ago we touched on the topic of what happens when a plaintiff files a lawsuit and discovers that they have sued the wrong party.
In many plaintiffs’ eyes someone has grievously taken advantage of them to the point of legal retaliation. They go on a crusade to right the perceived wrong in a court of law. Many times their crusade is legitimate but for the fact that the person being sued is not to blame.
It is a common but sometimes honest mistake that many plaintiffs commit. They are so incensed and believe one person or a group of people have conspired to dupe them and unscrupulously take advantage of them in an underhanded and devious manner. In their anger they don’t know who to blame. So they sue multiple people.
Many times in their utter frustration or anger, they lash out at the closest individual who might remotely be involved in the situation.
When the Judge informs them that they for whatever reason singled out the wrong person, the Judge will many times recommend that they amend or re-file their complaint to sue the right party or parties. That is permissible and understandable. It slows down the process but by actually following the law affords the plaintiff a better outcome free of frustration and anger.
One classic example of wrongful lawsuit is a situation where a tenant files a complaint for breach of contract for turning off the electricity, putting the tenant’s children in harm’s way.
Instead of naming the landlord or owner of the property, they file the complaint against the house/apartment manager or real estate agent representing the landlord. In that type of lawsuit you sue the owner, not the employees of the owner. That lawsuit against them will automatically be dismissed or “non-suited” on those individuals while keeping the landlord in the suit, assuming the landlord was also named in the lawsuit.
Another example: if you buy a defective product at say a Target or Wal-Mart, you sue the manufacturer of the product, not Target or Wal-Mart who carries the product in their store.
Knowing 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 & a member of the San Antonio Hispanic Journalists.
By Judge Steve Walker
Many months ago we touched on the topic of what happens when a plaintiff files a lawsuit and discovers that they have sued the wrong party.
In many plaintiffs’ eyes someone has grievously taken advantage of them to the point of legal retaliation. They go on a crusade to right the perceived wrong in a court of law. Many times their crusade is legitimate but for the fact that the person being sued is not to blame.
It is a common but sometimes honest mistake that many plaintiffs commit. They are so incensed and believe one person or a group of people have conspired to dupe them and unscrupulously take advantage of them in an underhanded and devious manner. In their anger they don’t know who to blame. So they sue multiple people.
Many times in their utter frustration or anger, they lash out at the closest individual who might remotely be involved in the situation.
When the Judge informs them that they for whatever reason singled out the wrong person, the Judge will many times recommend that they amend or re-file their complaint to sue the right party or parties. That is permissible and understandable. It slows down the process but by actually following the law affords the plaintiff a better outcome free of frustration and anger.
One classic example of wrongful lawsuit is a situation where a tenant files a complaint for breach of contract for turning off the electricity, putting the tenant’s children in harm’s way.
Instead of naming the landlord or owner of the property, they file the complaint against the house/apartment manager or real estate agent representing the landlord. In that type of lawsuit you sue the owner, not the employees of the owner. That lawsuit against them will automatically be dismissed or “non-suited” on those individuals while keeping the landlord in the suit, assuming the landlord was also named in the lawsuit.
Another example: if you buy a defective product at say a Target or Wal-Mart, you sue the manufacturer of the product, not Target or Wal-Mart who carries the product in their store.
Knowing 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 & a member of the San Antonio Hispanic Journalists.
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