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Can Plaintiff amend the complaint to change its name?

Tampa, FL |

This case was filed 2 1/2 years ago.
Deficiency Judgment Case.

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Attorney answers 3

Posted

yes - generally the court has discretion in these matters, but this will be freely granted.

Posted

Without all the details it is impossible to say anything definitive. What is the reason for the name change ? Is it a disguised substitution of parties ? If so, that absolutely requires a Motion to Substitute Party Plaintiff and a hearing. Even if not, they cannot unilaterally make changes like that. If you don't have an attorney defending you, you need one.

Please note that the above is not intended as legal advice, it is for educational purposes only. No attorney-client relationship is created or is intended to be created hereby. You should contact a local attorney to discuss and to obtain legal advice.

Asker

Posted

They marged to another institution before filing the lawsuit.

Margery Ellen Golant

Margery Ellen Golant

Posted

Some of those claims of merger are bogus (were never approved by the regulators), and even if true, in a court of law, they have to do more than say something is true, they have to PROVE it.

Asker

Posted

How about Wachovia and Wells Fargo?

Margery Ellen Golant

Margery Ellen Golant

Posted

Not sure about that one, however it is the party proposing it who has the burden of proof.

Posted

Substitution of parties is governed by Fla. R. Civ. P. 1.260, which lays out the criteria for allowing a party to be substituted in a case. Genenrally, susbtitituiton is allowed if there has been a death of a party, a party has become incompetent, or if there has been a transfer in interest of the subject of the litigation from one party to another. The rule specifically states that for a transfer of interest, a substitution is made by motion.

You should seek counsel of an attorney who can review the procedural history of the case for you, and determine if the party can truly be substituted by an amendment to the complaint. The Rules suggest that this cannot happen.

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