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Challenging Capacity to Sue

Whether a plaintiff is entitled to sue as holder of a note (mortgage) is an issue of capacity. A party’s capacity to sue can only be brought up by a motion by a defendant or in the defendant’s answer. If you believe that you have been sued by someone who does not have the right to sue you, contact our office at 816-524-4949.
More information can also be found by seeing this case: Missouri Court of Appeals, Eastern District- ED99989

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