Bank South, N. A. v. Tate

Pope, Judge.

The issue presented in this interlocutory appeal is whether a person served with process intended for another and who answers denying he is the intended defendant and who also counterclaims for malicious use of process can maintain the counterclaim. Appellant Bank South argues that such a person is a non-party to the action and cannot maintain a counterclaim. The trial court disagreed and denied appellant’s motion to dismiss.

Appellant filed an action in Clayton County for non-payment of a Mastercard account against William T. Tate, Jr. (the intended defendant). Service was…