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Can I move to dismiss if I am not named as a plaintiff in the original complaint, or what should I do?

Oklahoma City, OK |

Case involves a construction contractor who is suing the bank who foreclosed on my home and did not pay him the lien he put on the house saying he did not get any of his money he made up that I owed him when in fact I paid him for the work he did. After the case with the bank started going unfavorably, he now brought me is a cross plaintiff and is trying to get the money from me. There is a summary judgment hearing taking place and I never got summons. Case is in another NM. Can or should I file a motion to dismiss based on the fact that I wasn't named in original complaint or what should I do? What would happen if I don't go to the hearing? I will be just out of surgery and cannot go anyway.

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Attorney answers 1


You were added to this case as a party. If you do not already have counsel, you need to change your status from not represented to represented, or actively represent yourself. The latter is not recommended for most people.

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