"Ask the Judge" column continues in La Prensa of SA, 9-16

Ask the Judge: Suing the wrong party
By Judge Steve Walker

One of the biggest mistakes a plaintiff makes when suing in a small claims court is suing the wrong party.

Although it is an honest mistake, it is very common when coming to Pct. 2 or any of the Justices of the Peace courts. In the past week alone it has happened twice in my court.

Part of the problem is that many plaintiffs are so incensed at a perceived wrong they aren’t really sure who to blame. So they go after anyone even remotely involved in the issue and go so far as to name multiple people in their suit as they stand in front of my bench. At that point we must sort out who is or isn’t the proper person or persons to name in the lawsuit. Sometimes no one in the lawsuit named is the culpable party. That leads to major problems sometimes.

In their sometimes justifiable frustration and anger plaintiffs get confused and lash out at the closest individual who normally is the one they deal with trying to remedy the situation.

When I have to remind them that they named the wrong person and have to either amend or re-file their complaint, their frustration and anger sometimes explodes. This in turn sometimes cause them to “lose it” in court and put themselves in jeopardy by being cited for contempt for inappropriate behavior. That behavior 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. Be careful how you act in the courtroom in any scenario that could lead you to lose your case and go to jail because of your behavior. Even though you believe you have been wronged, your behavior could put you in jeopardy over a simple small claims filing.

The most common example of suing the wrong party is a situation where a tenant files a complaint against a landlord for breach of contract for turning off the utilities, putting the tenant’s family in harm’s way.

Instead of naming the landlord or owner of the property, the plaintiff many times files the complaint against the house/apartment manager or real estate agent representing the landlord. When it comes to filing that law suit it is the owner that is sued, not the employees of the owner. That lawsuit against them will be dismissed or “non-suited” on those individuals.

Another example is if you buy a defective product at say a Lowe’s or Target, you sue the manufacturer of the product, not Lowe’s or Target who carries the product in their store. The stores only merchandise the product and are not responsible for the defectiveness of the product.

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 always rests on the plaintiff.

Lastly as always, 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.