Can Plaintiff amend the complaint to change its name?

Asked about 2 years ago - Tampa, FL

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

Attorney answers (3)

  1. David Harris Rosenberg

    Contributor Level 9

    2

    Lawyers agree

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

  2. Margery Ellen Golant

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . 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-... more
  3. Christopher Sprysenski

    Pro

    Contributor Level 4

    1

    Lawyer agrees

    Answered . 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.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

25,240 answers this week

2,729 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

25,240 answers this week

2,729 attorneys answering