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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 26759
Experience:  Began practicing law in 1992
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How can a defendant ask the court to include an additional

Resolved Question:

How can a defendant ask the court to include an additional person to the case as defendant who is not cited by the plaintiff as a defendant?

Please provide exact process or a link.

Thanks
Submitted: 12 months ago.
Category: Legal
Expert:  Dwayne B. replied 12 months ago.
Hello, and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today.

Can you provide a few facts to put this into context? Specifically, why does the defendant want the person added?

Also, I can probably provide a link to the rule on this but we aren't able to provide the "exact process" like a step by step instruction because that violates the site rules. Would a link to the rule be sufficient?
Customer: replied 12 months ago.
Here is the context.

http://www.justanswer.com/consumer-protection-law/7ttzl-brother-financial-institution-execution-jd-cv-24.html

I am the real account holder of the account. I put money in it and I use the account. My brother has had nothing to do with this account in terms of putting money in or using it. His name was included for some reason to the account and the bank would not take his name off unless we closed the whole account down. Now the judgment creditor put a lien on the account and the court would not allow me to file appearance.

So I want the main defendant, my brother, to file a motion to include me as a party.
Expert:  Dwayne B. replied 12 months ago.
Is the only basis of this case their attempt to seize the account? In other words, was this filed in an original case in which he was sued or was the first document in this case the one in which they sought to seize the account?
Customer: replied 12 months ago.
No it is a follow up to the judgment in a civil case that has gone through various stages. So this is a full court, not just the exemption determination court.
Expert:  Dwayne B. replied 12 months ago.
Just to make sure I understand you correctly:

1) Your brother was sued in this same cause number and a judgment was entered against him; and

2) you want to be in the case so you can assert it is your account?
Customer: replied 12 months ago.
Correct.
Expert:  Dwayne B. replied 12 months ago.
There is no method by which a Defendant can effectively add you as a party at this time.

However, you can add yourself by filing a Motion/Petition to Intervene. For some reason I can't open the CT Rules of Court but I found a case you can read which will explain the concepts and what you need to do.

The case is Horton v. Meskill, 187 Conn. 187 - Conn: Supreme Court 1982, which you can see at http://scholar.google.com/scholar_case?case=12957154275051744886&q=petition+in+intervention&hl=en&as_sdt=4,7

Essentially, the case states that "If a person not a party [to a controversy before the court] has an interest or title which the judgment will affect, the court, on his [or her] motion, shall direct him [or her] to be made a party."

Expert:  Dwayne B. replied 12 months ago.
I finally got the Ct Practice Book open, you can see it at http://www.jud.ct.gov/Publications/PracticeBook/PB.pdf

You are going to want to cite rule 9-6 which is on p. 176 of the book.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 26759
Experience: Began practicing law in 1992
Dwayne B. and 15 other Legal Specialists are ready to help you
Customer: replied 12 months ago.
Awesome. Thanks
Expert:  Dwayne B. replied 12 months ago.
Thank you very much for the Positive Rating. Please come back and visit us if you have any new questions and feel free to ask for me by placing “FOR JD 1992” in the subject line or as the first words of your question and I will pick up as soon as I see it.

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