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being sued.. being sued..
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Old 04-29-2006, 10:39 AM   #1
budz
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being sued..
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
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Last edited by budz; 04-29-2006 at 10:41 AM..
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Old 04-29-2006, 10:42 AM   #2
Doctor Dre
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You should ask a lawyer about it ;)
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Old 04-29-2006, 10:44 AM   #3
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I thought that's what the GFY lawyers were for!!

I'll prob do that monday tho
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Old 04-29-2006, 11:13 AM   #4
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Quote:
Originally Posted by budz
I thought that's what the GFY lawyers were for!!

I'll prob do that monday tho
In Australia, a mistake in the brief CAN result in the case being thrown out.

Statute of Limitations differ wherever you are.

Try Chad Belville... http://www.chadknowslaw.com

He's an ex-DA, the BEST type of lawyer for me.

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Old 04-29-2006, 11:21 AM   #5
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Not a lawyer, so this is a guess. In Missouri clear intent not techical form counts. so they might get away with it a motion to modify. Esp true if there was other information presented that made it is clearly you they want to sue. License plate, car type, police report reference and so on.
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Old 04-29-2006, 11:33 AM   #6
gooddomains
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you're fucked
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Old 04-29-2006, 11:34 AM   #7
CyberHustler
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looks like dude fucked up
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Old 04-29-2006, 11:37 AM   #8
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Originally Posted by Doctor Dre
You should ask a lawyer about it ;)
OMG now THAT's an idea!
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Old 04-29-2006, 12:02 PM   #9
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Quote:
Originally Posted by Doctor Dre
You should ask a lawyer about it ;)
Lawyer = $250 for a half hour consult. GFY opinion = $0

Just print out the thread and take it to court!
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Old 04-29-2006, 12:39 PM   #10
Malicious Biz
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Blahson... is that a german name or?..
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Old 04-29-2006, 12:41 PM   #11
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Quote:
Originally Posted by pussyluver
Lawyer = $250 for a half hour consult. GFY opinion = $0

Just print out the thread and take it to court!
That should work out fine
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Old 04-29-2006, 12:53 PM   #12
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Quote:
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.
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Old 04-29-2006, 01:08 PM   #13
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death threats work well
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Old 04-29-2006, 01:39 PM   #14
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Quote:
Originally Posted by pussyluver
Lawyer = $250 for a half hour consult. GFY opinion = $0

Just print out the thread and take it to court!

good idea
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Old 04-29-2006, 01:40 PM   #15
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Originally Posted by truckertrash
death threats work well
better idea
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Old 04-29-2006, 01:40 PM   #16
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Quote:
Originally Posted by minusonebit
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.

damnit
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Old 04-29-2006, 01:41 PM   #17
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Quote:
Originally Posted by gooddomains
you're fucked
.....doh
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Old 04-29-2006, 01:41 PM   #18
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Quote:
Originally Posted by Malicious Biz
Blahson... is that a german name or?..
fictional
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