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 5 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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