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Irwin Law
Irwin Law, Attorney
Category: Legal
Satisfied Customers: 6771
Experience:  Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
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I am party to a new civil case with 4 other individuals, we

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I am party to a new civil case with 4 other individuals, we are the plaintiffs. When we started the case we all agreed to pay equal portions for legal costs and all help in working on the case preparation for the Attorney.

The defendants have been served a couple days ago, but they have not yet responded with an answer. There has been NO countersuit filed.

Now that we’ve filed the case, I’m being told that other plaintiffs can’t help pay and the other plaintiffs still remain less than helpful with case preparation. Getting them to help is like pulling teeth.

I have two fears; (1) is that all the case research and preparation is going to fall in “my” lap as it has in the past and the money flow is going to stop from the other plaintiffs. A year from now, it could be “ME” with hundreds of hours invested and thousands $$$ spent out of my pocket. I don’t want to be part of the case that loses because we didn’t do our job in providing materials to our attorney, and I don’t have the time to do all the work myself. (2) If there is a countersuit, I’m now in the case until it is completed.

Question 1: I’m wondering if I should remove my name from the case? Can I get off the case legally since there hasn’t been a countersuit? What legal ramifications do I face?

Question 2: If I were “off” this case and the defendants filed a countersuit, could they do that if my name was no longer on the case? Or…would they have to file a separate “new” case against me?

Question 3: What exactly do I need to do to remove myself from the case, is there a generic form you may have or a search term I can use on Google to find one?

Hello, and thanks for contacting Just Answer again. It is unusual to have more than one plaintiff in a case. Is a condo or HOA involved? You may withdraw as a plaintiff from a civil case Your attorney would be the one to advise you on local procedure and to prepare a the necessary motion to the court on your behalf. If you have done something that the defendants think you are liable to them for, you could be brought back into the case by them filing a cross-complaint against you and making you a defendant as to their claim. You need to discuss this situation with your attorney as soon as possible. When s/he learns that no one is going to pay for the legal work, s/he may decide to withdraw from the case.

I hope this information is helpful and that you will enter a positive rating. I thank you for submitting your question to Pearl-Just Answer. We appreciate your business. If you need clarification or additional information, please send me a Reply and I will be happy to explain further. Please consult a local attorney to verify the accuracy of this information according to your state's laws.

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