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Appropriate Party to a Civil Case

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1 Appropriate Party to a Civil Case on Tue Jan 03, 2012 10:14 am

riola


Arresto Menor
Dear fellow students of law:

Good day!

We are making steps already in filing a case against a certain corporation on the ground of breach of contract (equipment lease agreement where our company is the lessee).

Now, in the contract, we used the name MM (who is directly engaged in the business where the lease is concerned). However, in the receipts and invoices we used MA (the mother company).

Who is the proper plaintiff then? If we use MM we might have difficulty recovering actual damages since receipts are under MA. If we use MA, the other party might question us since its MM whom it forged agreement with.

This is not very fatal though because we can always refile the case should it be dismissed by the court on the ground of improper party. But there might be some unanticipated problems that may arise.

It is always good to know your opinion ladies and gentlemen (so to also avoid refiling the case... quite tedious na)

Humbly looking forward to hearing your thoughts.

Thank you Very Happy

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2 Re: Appropriate Party to a Civil Case on Fri Jan 13, 2012 10:34 pm

attyLLL


moderator
why did you use another receipt? case has to be filed by MM because that is the entity which has the contract with the lessee. you can just argue that MA was receiving the payment as MM's agent.


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