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In that situation you filed what is called a third party complaint against the person you believe is the one truly responsible. At the same time you file your answer you may include the third party complaint. It is possible that at the time you file your answer that you do not know that someone else is responsible. The court will allow you to file a third party complaint within a reasonable time after you learn that someone else is responsible. Then you serve it by summons on the third party in the same way you would serve a complaint if you were simply a plaintiff instead of a third party plaintiff. In many, if not all, courts, if you fail to bring in the third party within the action you are defending before trial, you may be barred from suing the third party even if you lose the case.

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Q: What can i do if i am defendant but somebody else is to blame and he is not sued?
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