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Originally Posted by budz
so I'm being sued for an at fault accident I had on 04/04/04 by one of the passengers.. they filed the papers a week b4 the 2 year statute of limitations were up..
In the papers they have me as Blah X. blahson and my name is Blah Z. blahson
wouldn't they have to refile the papers with the correct name?
If so it is passed the 2 years statute of limitations here in Ohio.. so they don't have a case?
thx for the advice  |
They will not have to refile. Your lawyer will file a motion to dismiss, they will respond with a brief explaning the error and include a motion for leave to file an an ammended complaint, which will be granted. They will refile the complaint under the right name and the case will proceed against you.
No judge is going to pitch it out on a technicality like that, and if they did an appeal with a "balance the intrests" arguement would undoubtedly suceed.