Originally posted 2017-12-01 12:30:43.
The title of this post may seem obvious. Of course you need to name the right people. “Why even write about this?” you may ask yourself. The answer to this question is that the list of all of the parties necessary to a successful lawsuit may not be so obvious.
One example is the case of a Virginia mechanic’s lien lawsuit. The obvious parties would be the contractor or subcontractor that owes the money and the owner of the property. However, you can’t stop there. The trustees to any deed of trust and the bank or other party that may hold a note on the property are necessary parties as well. Failure to name one of these necessary parties can lead to dismissal of your suit. This is why I always recommend a title search prior to any mechanic’s lien memorandum being recorded and an update prior to suit.