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Thelawman2, Attorney
Category: Business Law
Satisfied Customers: 1386
Experience:  Attorney-at-Law
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In the middle of civil litigation. plaintiff injured is a

Customer Question

In the middle of civil litigation. plaintiff injured is a corporation, but the person who owns this corporation sued as individual.
I wan to file a motion to add this corporation as party. Should this be :a) as part of a motion to dismiss 12-b-7? b) as a motion to add indispensable party?Question 2: Do I need leave of court? How is leave obtained. In the rules only talks about a letter to the session clerk. But in other places it says a motion for leave...which one??
Submitted: 11 days ago.
Category: Business Law
Customer: replied 11 days ago.
Massachusetts Case-Superior court
Customer: replied 10 days ago.
Expert:  Thelawman2 replied 10 days ago.

Hello, my name is ***** ***** I will be helping you today.

What you are describing does not sound like that you need to add the corporation as an indispensable party. Instead, it sounds like the individual bringing the suit has sued in their individual capacity when they should instead be suing on behalf of corporation. If that is the case, you should be filing a motion to dismiss the claim, and reference the fact that the complaint describes injuries to the corporation and not injuries to the individual. As a result, there is no basis for the individual's claim in his capacity as an individual against the defendant.

Customer: replied 7 days ago.
Thanks. Another question please: A third party complaint was filed 1 year ago. They did not respond within the 20 days. They filed answer AND counterclaim, Now they respond after a year. Is it a motion to dismiss? strike? is this allowed?
Customer: replied 7 days ago.
Jim: A thir party complaint was filed 1 year ago. The Third Party defendant did not answer within the 20 days. It waited 1 year to do so just now. What is next? a motion to dismiss or strike the counterclaim or answer??
Customer: replied 7 days ago.
Customer: replied 7 days ago.
Waiting 4 hours for an answer.....