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Removal as Third Party Defendant of a Case

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asked on Jun 9, 2017 at 22:17
by   engineeringsb1080
edited on Jun 12, 2017 at 10:13
 
I've been pulled as a third party by the defendant of a case. As for now both defendant and plaintiff witness have stated that the claims by the defendant against me is not true. 

The question is, if the defendant wins the case, how am I going to remove my self as a third party of the case? Please advise. 
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answered on Jun 10, 2017 at 01:48
by   vkpc
You have not given enough information.
Do you have a lawyer?
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answered on Jun 10, 2017 at 04:17
by   jeff005
Your this 3rd party lawsuit, is it a building contract counter suit?
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answered on Jun 28, 2017 at 21:48
by   engineeringsb1080
Good day VKPC. i do have a lawyer. but not mentioning about how to remove myself as a third party. 

This case was about the bank and one of my previous client. 

I used to work in the bank and the client was one of my client. 
I have resigned from the bank back in 2012. At that time the client has taken an investment plan. 

The bank has lost all documents in regards of the investment and the client has been requesting for the document and now state as a forgery case. 

in 2015, bank called me to be their witness but then withdrew. 

Now bank placing me as a Third Party stating that I have not done my work well. 
So far , in court the bank's witness has stated that all of my work has been according to the standard and the policy of the bank. 

looking at the statement from the witness, what ever the bank has stated of how i did my work has been deemed not true by their witness. 

So now, i want to know how to remove myself from this third party claim if my previous client decides to go to court of appeal. 
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answered on Jun 28, 2017 at 22:17
by   vkpc
You did not mention whether

a. You are an unwilling witness or
b. You have been charged with a crime  ( for example abetting to cheating )

i do have a lawyer. but not mentioning about how to remove myself as a third party. 
Why do you feel unable to ask questions to your own lawyer?
What are you paying him/her for?
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answered on Jun 28, 2017 at 22:26
by   engineeringsb1080
edited Jun 28, 2017 at 22:44
by   engineeringsb1080
a. You are an unwilling witness or 

- I am a willing witness and has been supporting the bank. Even now, in court, i assist the bank's lawyer to get this right. 

b. You have been charged with a crime  ( for example abetting to cheating ) 
- No, i have not been charged a crime. Bank claims that I did not follow my Procedure 

i do have a lawyer. but not mentioning about how to remove myself as a third party.  
Why do you feel unable to ask questions to your own lawyer? 
I have asked my lawyer. but he stated that if go to court of appeal,Then i have to go. cannot remove. 
I have been reading up Law books and came across some Law ruling like Section 1441(c) and Rule 14 of Third Party. Also, ORDER 16 THIRD PARTY AND SIMILAR PROCEEDINGS

What are you paying him/her for?
Good question. He is a good lawyer and easy to work with. 
But n desperate times when needed a lawyer, he was there to help. 
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answered on Jun 29, 2017 at 01:37
by   vkpc
Why do you call yourself a Third Party when you are actually a Witness?
As a witness, you don't need a lawyer.  Save your money.
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answered on Jun 29, 2017 at 02:28
by   engineeringsb1080
edited Jun 29, 2017 at 02:29
by   engineeringsb1080
because the Bank was stupid enough no to call me as a witness and refile into the court with Ex Parte Notice and thus Now in the Court Document shows, 
Ex client as Plaintif ,
 Bank as Defendant and 
myself as Third Party. 

I gave written statement to the bank back in 2015 to support them. but then they Refile in 2016 and place me as a Third Party Defendant. 
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answered on Jun 29, 2017 at 02:53
by   vkpc
because the Bank was stupid enough not to call me as a witness and refile into the court with Ex Parte Notice
Bank with legal department lawyers working inside and supported by external lawyers are stupid?
Think again.

The bank has decided that you should be involved and penalised in this case as a defendant.
In this case, the bank is suing you by making you a third party defendant.
You can't remove yourself from this case easily unless their claims against you is totally without merit.
So you should concentrate on defending yourself.
If you lose this case, your assets may be at risk.
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answered on Jun 29, 2017 at 13:40
by   engineeringsb1080
Bank with legal department lawyers working inside and supported by external lawyers are stupid? 
- sorry bout that, thinking of why bank did so is sadden. but reason of saying so is because i offered my assistance and they did this. 

You can't remove yourself from this case easily unless their claims against you is totally without merit. 
- If the claims has no merits, then how to remove myself from the case moving forward. 
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answered on Jun 29, 2017 at 20:33
by   engineeringsb1080
VKPC, please advise me. I need to know to defend myself. 
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