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What type of form or what language can I use to file an amendment

Resolved Question:

What type of form or what language can I use to file an amendment to a small claims that has been continued by the judge
Submitted: 5 years ago.
Category: Legal
Expert:  LawTalk replied 5 years ago.
Good morning,

Has the small claims trial/hearing already taken place?
What type of action is it?
When (month and day and year) did the circumstances arise which led you to file your claim?


I’ll put forth my best effort in assisting you. When you are able to respond to my request for clarification of your situation, I’ll be able to assist you. In the meantime I would ask that you please stay on-line, just in case I need additional clarification from you regarding the factual circumstances relating to your question. Thank you for allowing me to help.

Regards,

Doug
Customer: replied 5 years ago.
Yes the hearing took placce yesterday. I sued the person who owns the condo above me. A condensate pipe was broken under the foundation. This condensate pipe is used by both condos. The Judge did not dismiss the case, but thought that the Condo Assn might be responsiblefor the rrepair. He asked that I or both of us file an amendment to bring the Condo Assn Representive before hi. However the court has no forms for this type of filing and the Judge said that we may have to contact a lawyer to.. I am guessing to make up the suitable form.
Expert:  LawTalk replied 5 years ago.
Good morning,

I'm sorry to hear of your dilemma.

You will need to file a separate action (another small claims suit) against the Association in small claims court. When you take it to be filed let the court clerk know that it needs to be joined with the other case per the judge's direction. Then a new hearing date will be set and all of you will appear to let the judge decide.

It's that easy.

I wish you the best.

Best regards,

Doug

LawTalk, Attorney
Category: Legal
Satisfied Customers: 27999
Experience: I am a practicing attorney with more than 30 years of experience in the legal field.
LawTalk and 5 other Legal Specialists are ready to help you
Customer: replied 5 years ago.
Why did the Judhe and his Clerk tell me that I woul have to have the paperwork made up by an attorney. I have talked to a couple of attorneys and have had differing opinions. it would seem that every one is telling me that that the form needs to be legal document. As I stated before this court in Georgia does not have an amentment form.
Expert:  LawTalk replied 5 years ago.
Good afternoon Ann, from Savannah,

Thanks for your Accept.

In Georgia there is no form to use when you need to file an amended complaint; you failed to tell me you were in Georgia.

Georgia technically does not have a small claims court--we have the Magistrate Court. Magistrate Court is much like superior court in terms of the events leading up to trial.

In a typical small claims court you can not just file an amended pleading. In Magistrate Court you can.

There are two ways to go here.

If your lawsuit is still within the statute of limitations, you can ask the court to dismiss your first suit WITHOUT PREJUDICE, and then file a new suit against all the parties. You can probably do that yourself.

If you want to amend your lawsuit to add a new defendant, (the Association) you will have to file an Amended Complaint. You can go to a local law library and you will find a format to use to assist you in preparing the Amended Complaint. Alternatively, you can retain an attorney to represent you.

That is about the size of it.

Good luck to you.

Best regards,

Doug

LawTalk, Attorney
Category: Legal
Satisfied Customers: 27999
Experience: I am a practicing attorney with more than 30 years of experience in the legal field.
LawTalk and 5 other Legal Specialists are ready to help you

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