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KimberlyLaw, Attorney and Real Estate Broker
Category: Real Estate Law
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Experience:  13 years of experience in real estate law: Foreclosures, Landlord-Tenant, Condo/Coop, Property Law, Deeds, Purchases/Sales, Estates.
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Hello: If one files motion to substitute party/Plaintiff in

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Hello: If one files motion to substitute party/Plaintiff in an eviction case, who should sign the motion - the former Plaintiff, the new one or both? (Reason – transfer of interest) Is there any link to a standard form to take a look? Thanks.
Hello, I am happy to assist you today.

The motion is being made by the current Plaintiff, so that is the person who must sign the motion. There is no standard form for this. You just have to write down the explanation for why the Plaintiff needs to be substituted, and attach a copy of the evidence of the transfer of ownership.

Once that motion is granted, the former Plaintiff is no longer involved, and the new Plaintiff will now proceed with the case normally.

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