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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 29, 2017 at 20:50
by   vkpc
The reason the bank is getting you involved is because they blame you for the disappearance of the documents?

Consider the case where a person sues you for owing him money, and you want to apply to strike out that lawsuit because you say you never borrowed anything from him.
In the mind of the Judge, the plaintiff should be given a chance to show that he did lend you money in a trial.  If the Judge allowed the application to strike, it would deprive him the chance to show...,  that would be an injustice.

To remove yourself as a Third Party Defendant, the correct court Procedure is via a
Notice of Application to the Court.
However illustrated above and as your own lawyer has advised, it is unlikely to succeed.
If you think you are not getting proper advice from your lawyer, maybe you should consider changing lawyers.
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