Legal Question in Personal Injury in Illinois
Misnomer of a party
I sued someone in small claims using my own name in the caption. However, I should have used my business's name. Defendant filed a motion to dismiss. To correct the problem, do I have to file an answer to his motion to dismiss or can I just make my own motion to have the captioned changed?
1 Answer from Attorneys
Re: Misnomer of a party
File a "Motion for Leave to File First Amended Complaint at Law" attach a copy of the proposed amended complaint. At the hearing explain to the judge that none of the allegations has changed only the plaintiff's name has changed.
It is likely that the judge will allow you to amend your complaint.
The defendant will then have to either re-file his motion to dismiss (if he find any other issues upon which to argue a dismissal) or simply will withdraw the motion.
Good luck
Taradji Law Offices
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