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.
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