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KJLLAW
KJLLAW, Attorney
Category: Business Law
Satisfied Customers: 904
Experience:  Attorney at Law Office of KJLLAW
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I have received a notice of allocation to the small claims

Customer Question

I have received a notice of allocation to the small claims track and I have just noticed that the 1st Defendant which should refer to our legal entity is incorrect.
It refers to a brand name not our legal entity name. What should I do ?
Submitted: 9 months ago.
Category: Business Law
Expert:  KJLLAW replied 9 months ago.
Good morning. Under the law the companies legal name must be named as a defendant in a lawsuit, unless you signed contracts with the brand name which is a legal registered DBA, if it is not then the case should be dismissed against you because they have not named your business' name the egal entity. I hope this helps.
Expert:  KJLLAW replied 9 months ago.
&
Customer: replied 9 months ago.
So what do I do ? Do I have to fill out a n244 form and send it to the county court ? What do I say in the application ? Do I need to provide evidence of the contract ?
Customer: replied 9 months ago.
Also, can I claim costs for them wasting my time ?
Expert:  KJLLAW replied 9 months ago.
Yes. Fill out the form and state that the case should be dismissed because the corporation legal name is ***** ***** Attach the documents to the form, but they will schedule a hearing date and you will need to bring in the corp documents to show the judge. Also bring in your corporation filing documents as proof.
Expert:  KJLLAW replied 9 months ago.
You can't claim costs because you are asking for a dismissal.
Customer: replied 9 months ago.
But the application N244 is going to cost me £250, surely I can have those costs repaid as it is not my fault ?
Expert:  KJLLAW replied 9 months ago.
Is the action in the USA?
Customer: replied 9 months ago.
No
Expert:  KJLLAW replied 9 months ago.
Ok, Then l will let a UK attorney finish the question.

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