View Single Post
  #28 (permalink)  
Old 06-21-2009, 07:09 AM
GentleGrace GentleGrace is offline
Senior Member
 
Join Date: Nov 2006
Posts: 3,504
Send a message via AIM to GentleGrace
Quote:
Originally Posted by taxgirl View Post
Here's an update: the bad attorney in question came back at me in an email demanding I withdraw my involvement with the sub, the sub called his attorney, his attorney saw the email and hit the ceiling and pretty much decided to push forward with foreclosing on the lien and told me not to worry about being noticed as a defendant along with the sub. It appears that for me to "be a party to" would involve serious evidence of my alleged fraud, and the gc attorney has done everything he could to intimidate me into not supporting my sub. The sub's attorney has vindicated my presence, the foreclosure moves forward, I get to testify as a witness as planned, and everyone is at peace (except you two). Let me know if you want more fuel for the fire.
You are NOT a party in a lawsuit unless you are NAMED as defendant OR plaintiff. You cannot be "noticed' as a defendant. If you are NAMED as a defendant, you are a defendant. You aren't clear from what you said, but if you are a defendant you will give testimony but specifically you are named as a defendant (a party) or you are merely on the witness list.

As a witness you are not a party, you are just that, a witness.

Glad you seem to have, at least, in part resolved the issue.

I respond to misinformation regardless of from whence it comes. AND I respond to comments about me personally when they appear, I am entitled to respond and I will continue to do so.

If you want to call that "fuel for the fire", wait till you get into a court room.
Reply With Quote
Find Business Disputes lawyer