Cabinet Painted by A Handy Girl pperson?
I had this girl down the street paint some kitchen cabinets. To make this short & simple. She did a lot of wrong things and stole some items from the property...this is not the issue yet though.
She filed a civil suit in the wrong name. There is no such thing as Morgan Rental Property and she has me as an agent and I am not an Agent & she even has the name spelled wrong. I have to file an answer & I figure I can get a dismissal on this because of wrong filing when I go answer this. Can someone tell me how to word this.
Also, this property in not in my name it is in the name of my Living Trust. I might need advise on how to write this from a someone who is good at writing an answer on this.
Updated 23 hours ago:
I do have proof that the property is not in my name but the name of the A Living Trust. I never received a written or did I sign a copy of the agreement. It was all verbal and she changed the cost 3 times in her E-Mails.
Updated 23 hours ago:
Doesn't it count that there was no written or signed engagement
My uncle was District Judge and he said for me to file for a dismissal as it is not in MY NAME & there was no written or signed agreement. How do you word this is what i am wondering for my answer.
When you start a lawsuit, it is really important to name your defendants property, so your judgment will "attach" to actual people or valid entities. If you sue someone with the wrong, or a misspelled name; either the judgment is worthless, or it opens up a possible defense for the debtor to try to use, to to avoid paying the money that is due for the judgment. You can get in trouble having the Sheriff levy the wrong person's assets! This is the law I was told.....
She filed in the wrong Precinct>>>>>>
- NosehairLv 73 weeks ago
Apparently this dispute is based on the contractor is tripeling the fee. If there is anything in writing, including an email or text message identifying the lower fee then you have a case. If not you will have to explain your situation to a judge who may or may not rule in your favor. Getting something in writing to confirm a lot price, hourly price, or some other means was your job but that never happened so your position is not impossible but pretty seriously weakened.
- SlickterpLv 73 weeks ago
She will just refile correctly
- STEVEN FLv 73 weeks ago
You are a ZERO SKILL TROLL. If you knew a judge, and they told you ANYTHING about the case, you would have to lack the intelligence to be a complete idiot to ask on Yahoo Answers.
The judge would have said NOT to acknowledge the case AT ALL. If you file for dismissal, you admit YOU are the party they intended to sue, and it takes less time to refile in the correct name than it took to file for dismissal.
Your claim she stole things, but that is not an issue yet is ABSURD ON ITS FACE.
- realtor.sailorLv 73 weeks ago
It is YOUR property as it's in the name of YOUR trust!
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- EdwenaLv 73 weeks ago
Nope, she did work for you and she is a girl. Everyone knows she had her reasons because of what you did. You are going to pay, one way or another. If you did nothing wrong, you are very foolish to hire a girl from "down the street". You are going to pay, one way or another for being so dumb. It works on supreme court nominees so it will work real good on you.