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Irwin Law
Irwin Law, Lawyer
Category: Real Estate Law
Satisfied Customers: 7345
Experience:  Lawyer- Broker 30+years - foreclosure, short sale, liens, title attorney.
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I filed paperwork to have a tenet evicted from my wife and

Customer Question

I filed paperwork to have a tenet evicted from my wife and I's property. The problem is my wife has the property in her name and filed the paperwork in my name. What can I do if I have a court date in a couple days? Can I file a motion to substitute party plaintiff. I'm in CT
JA: OK. The Real Estate Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: no
JA: Please tell me everything you can about this issue so the Real Estate Lawyer can help you best. Is there anything else important you think the Real Estate Lawyer should know?
Customer: The tenet if five months due with her rent
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Real Estate Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Irwin Law replied 1 year ago.
Yes, a motion to substitute showing the mistake in the original filing, and perhaps a copy of the lease attached to it should solve the problem.
Customer: replied 1 year ago.
Thanks! Would that be sufficient? I was told that a judge does not have to accept that. Is there anything else I can do to persuade the judge? Is there a specific way to write it up?
Expert:  Irwin Law replied 1 year ago.
Just tell the truth and let the judge rule. It shouldn't make any difference who the plaintiff is. The key issue is whether or not the owner of that property is entitled to evict the tenant. I hope that you will enter a positive rating for my assistance here by clicking on 3, 4, or 5, for which there is no additional cost to you. Thanks again for using JUST ANSWER.
Customer: replied 1 year ago.
Is there a special way to write it up?
Expert:  Irwin Law replied 1 year ago.
No. Just be sure to put the case caption with the case number ***** parties names at the top. You can call it motion to substitute plaintiff's. Set out your facts and then the closing paragraph state "wherefore the plaintiff requests that (wife's name) be substituted as the plaintiff in this case. Then sign your name because you are the current plaintiff