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Category: Real Estate Law
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Experience:  20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
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hi i have 2 questions; 1) i sued a corporation, but now

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hi i have 2 questions;

1) i sued a corporation, but now am adding a few of the board members as new defendants on an amended complaint. I assume i can notice them after i file this tomorrow or need i first notice them and then file it? Or can i add defendants in a less traumatic way than an amended complaint, like supplement to pleadings, or joinder?

2) if i add them, there will be more defendants in a different state than in the forum state. WOuld that present a problem?

thank you
Submitted: 12 months ago.
Category: Real Estate Law
Expert:  Law Pro replied 12 months ago.

Welcome to JustAnswer! My goal is to do my very best to understand your situation and to provide a full and complete excellent answer for you.

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Is this state or federal court?

If state - what state?
Customer: replied 12 months ago.

federal court, ohio

Expert:  Law Pro replied 12 months ago.
Hi. Did we communicate on this before - I'm thinking we did??
Customer: replied 12 months ago.

i copied and pasted the wrong question, sorry. I meant to ask this one....i sued this defendant, named, for example, SMITH, LLC....but they recently just changed to SMITH and JONES, LLC . I am amending the complaint, and just realized the name change today...should i continue to name them what they were named when the violations occurred, and what they were named in the original complaint? Jones is the same partner that was included in the original complaint, but there are new partners..should I add them. or because they came after the violations, they should not be added? we have not spoken of this , no, as I just found out today. thank you

Expert:  Law Pro replied 12 months ago.
OK, no problem.

i sued this defendant, named, for example, SMITH, LLC....but they recently just changed to SMITH and JONES, LLC . I am amending the complaint, and just realized the name change today...should i continue to name them what they were named when the violations occurred, and what they were named in the original complaint? Jones is the same partner that was included in the original complaint, but there are new partners..should I add them. or because they came after the violations, they should not be added? we have not spoken of this , no, as I just found out today. thank you


Did you get service of process on them AND have they responded with any pleading?
Customer: replied 12 months ago.

yes they responded with answers a long time ago as SMITH, LLC this is an old case, filed april 2012 I am just amending for various other reasons, but while im at it, i noticed this change in partnership..when i named them, it was one owner, now its 2 named partners, and 2 unamed ones.


 


A plaintiff in another case such as mine sued all partners in the firm, so maybe i need to add the new partners , even though they werent partners at the time of the violations? thanx again

Expert:  Law Pro replied 12 months ago.
Oh, then you keep it as is - you don't change anything whatsoever. You got them - you filed, got them served, and they filed a response. It doesn't matter that they changed names now.


You can only name partners that were partners at the time of the event complained of.

A new partner or member would not have any personal liability for something that happened when they weren't a partner or member.

Thank you so much for allowing me to help you with your questions. I have done my best to provide information which will be helpful to you. If I have not fully addressed your questions or if you have any follow up questions, or if I have misinterpreted your questions in any way, please do not rate me yet, but simply ask a follow up question without rating so I can provide you with a fully satisfactory answer. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service with 3, 4, or 5 faces so I can receive credit for helping you today. I thank you in advance for taking the time to provide me a positive rating!

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Law Pro, Lawyer
Category: Real Estate Law
Satisfied Customers: 23605
Experience: 20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
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Customer: replied 12 months ago.

perfect thank you..sorry about the confusion before.

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