If I’ve received a small claims judgment against me personally but the suit should have been file against my corporation, should I file a motion to dismiss?
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If I’ve received a small claims judgment against me personally but the suit should have been file against my corporation, should I file a motion to dismiss?
Asked on May 19, 2015 under Business Law, New Hampshire
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
There is no reason to not try a motion to dismiss--the worst that will happen is that it will not be granted. And even if it is not granted that may not be the end of it--in small claims court, you can't always engage in motion practice. You can still raise that you are the wrong defendant as a defense at trial, if need be.
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