WHO MAY FILE A CLAIM OR HAVE A CLAIM FILED AGAINST?
The party who files a claim is referred to as the “Plaintiff.” The party who is sued is referred to as the “Defendant.” A claim must designate the proper Plaintiff(s) and Defendant(s). The determination of the proper party will depend on whether the party is a person or a business and how that business is set up. Failure to name the proper parties may result in a defective judgment. 4A. Individuals If the party is a person, you should designate that party by his or her legal name. For example “John Doe.” 4B. Minors If the party is a minor (under the age of 18), the proper party depends upon whether the minor is the Plaintiff or the Defendant. A minor may not be a Plaintiff directly but must sue through the minor’s parent or legal guardian. For example “John Doe, a minor, by Joe Doe, next best friend.” A minor may be sued directly or through the minor’s parent or legal guardian. 4C. Businesses If the party is a business, you must name the proper legal entity. The proper legal entity is
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- WHO MAY FILE A CLAIM OR HAVE A CLAIM FILED AGAINST?
