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LegalGems, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 9976
Experience:  Research Attorney; Private Practice; Attorney Mentor; Mediator
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What is the deadline and procedure in a third party on an

Customer Question

What is the deadline and procedure for bringing in a third party on an existing lawsuit?
I am being sued by a doctor for a collections claim. I already filed my answer and counterclaim which the Plaintiff has responded to.
I would now like to bring my health insurance company into the existing lawsuit.
Would I file a cross-claim against the insurance company?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  LegalGems replied 1 year ago.

Here is the rule that governs how a defendant may bring a third party into the litigation:

Basically the defendant will file and serve a third party complaint, along with a copy of the plaintiff's original complaint, on the party that may be partially liable for damages.

Customer: replied 1 year ago.
Thank you for providing that link. Can you please provide the instructions on how to file and serve a summons and third-party complaint? What is the title of the complaint i.e. "Cross-claim against non party at fault" or something else?Also, if the 90 day period has expired, what is the name of the motion to request permission to file the summons and third-party complaint?And finally, do I need to amend my original answer and counterclaim to include the third-party complaint or are these totally separate documents?
Expert:  LegalGems replied 1 year ago.

I'm sorry; I am not going to be able to get to all of those questions today so I will opt out so that someone else will be able to provide more prompt assistance. Thank you.

Customer: replied 1 year ago.
Hello, I can't tell if the question was re-queued or not. Do I need to do anything from my side?
Expert:  LegalGems replied 1 year ago.

Sorry; I just got your reply; another expert will pick up the question - you do not need to do anything.