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I was sued by insurance in NJ Civil court as one of several

I was sued by insurance...
I was sued by insurance in NJ Civil court as one of several defendants. Insurance paid property damage due to roof colapse to their client whom they insured and now insurance goes after everybody who did work for that property to recover their money. I did not do work that they claim I did, and i also had contract with their client under corporate name. I am being sued personally. Should I file motion to dismiss myself or shoudl I try to answer Claim pro-se, since what Plaintiff accuses me , I did not do. My contract with their client was for different services.
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Answered in 4 minutes by:
8/2/2012
Law Educator, Esq.
Category: Business Law
Satisfied Customers: 121,027
Experience: All corporate law, including non-profits and charitable fraternal organizations.
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You should indeed file a Motion To Dismiss based on them suing the improper party AND failure to state a claim and you would state that the contract was with the corporation and as such the owner of a corporation is not personally liable for the corporation and they failed to name the corporation AND also that as you did no such work that they allege, they have failed to state a claim upon which relief can be granted.


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Customer reply replied 5 years ago

Confused: what is eaxctly do you mean "Failure to state a claim" if in compaint that I received Plaintiff stated long list of claims to all different defendants.


Also, do I need an attorney to filr Motion to Dismiss, and if yes, what type of attorney? I am working in PA, civil court is in NJ where Plaintiff filed law suit.

Customer reply replied 5 years ago
,

Confused: what is eaxctly do you mean "Failure to state a claim" if in compaint that I received Plaintiff stated long list of claims to all different defendants.

Also, do I need an attorney to filr Motion to Dismiss, and if yes, what type of attorney? I am working in PA, civil court is in NJ where Plaintiff filed law suit.

Failure to state a claim for which relief can be granted, means that they have not stated any claim against you because you did not do the work they are making claims for in their suit. That is one ground for you to state in your motion to dismiss. The second ground you state in your motion to dismiss is that they named the improper party, since the contract was with your company and not you and the company was not named.

You do not need an attorney to file a motion to dismiss on your behalf, if they name your company, the company would have to be represented by an attorney. While it is always best to use an attorney, you can file the motion to dismiss you personally on your own without an attorney. You would need a construction law attorney in NJ to file.
Law Educator, Esq.
Category: Business Law
Satisfied Customers: 121,027
Experience: All corporate law, including non-profits and charitable fraternal organizations.
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