Dismissal Motion Dismiss For Suing The Wrong Party
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FAQ
Insufficient service of process under Rule 12(b)(5) occurs when the paperwork is complete, but isn't properly delivered to the defendant. For example, if the plaintiff leaves the summons with the defendant's six-year-old child, that would invalidate the service.
In its origin the rule concerning the real party in interest was permissive in purpose: it was designed to allow an assignee to sue in his own name.
These include dismissals for: (b)(1) a lack of subject-matter jurisdiction. (b)(2) a lack of personal jurisdiction. (b)(3) improper venue.
If you are the wrong defendant identified in a debt collection lawsuit, it is important to take action and file a motion to dismiss with the court. You should also proactively reach out to the plaintiff (typically the debt collection company) and explain the oversight.
(28 U.S.C. §§ 1332, 1441.) Naming an individual defendant who is a resident of California or naming an entity that is either incorporated in California or that has its principal place of business in California will destroy diversity and prevent removal to federal court.