Thank you for answering. The facts have changed since we paid the fine, but the facts as they are related to the charged fine (I misspelled it in my original posting) are still the same. We also seek the same relief as before (to Issue a declaration that Plaintiffs are responsible for the illegal move (by tenants) is unreasonable, unsubstantiated by evidence and therefore, void; and The defendant’s purported lien (fine) on Plaintiffs’ unit for its collection and enforcement is improper, unenforceable, and null and void for all purposes). We received the MTD and I am in process of writing an Opposition to MTD. I have few more days to do that. My first question is whether I should submit the Opposition or file an amended complain. My second question is whether I need to explicitly state that I want a reimbursement (I want my money back!) or the relief as I stated above is enough and it is understood that the money should be returned. Thank you very much.
I did not realize that i can file two documents at the same time. In court they told me that I have to send the Opposition to the Defendant's lawyers and they will file it in court. Do I send the amended complaint to them as well or I should file it in court as I did with the original? Also, do I attach all exhibits again?
I am so confused.... I called the court clerk twice and twice he told me that I need to send the Opposition to the other party....
i believe you, of course.
ok, understand. So just to reiterate - I bring both the Opposition and the amended Complaint to Court. Now..why did you say that the judge will decide if I can file or not? When I bring my document to court, I don't stand in front of the judge right there... I am sorry, probably my questions are really naive...i don't know the procedure..
Oh, ok. Please see if I understood it correctly: I bring the Opposition ans the attached amended complaint with all exhibits, file it in court. what happen then?
So he won't decide on my case right there? (I mean, whether to return my money or not).
I filed a complaint to issue declaratory judgment. They sent me the MTD. Now I am writing the opposition. that's it. I am not sure what Answer you mean...
and what discovery I have to do...
I see...ok, so I file opposition with amended complaint, then we go in front of the judge and if he allows for the case to go forward, they file an Answer and all these other things happening. Did I get it right?
I am digesting
ok, I see. I think in this case it would be easier to file it in small claim court...
i probably should have done it in the first place
i did not know
that's why people go to law school for ..what, 5 years?
ok... well, i understand I guess. So if they dismiss I do have a chance to go to small claim, right?
Got it. I hope the last question: can Iseek an injunction and damages in amended complaint?
Well, that's what I am asking I guess: if in my amended complaint I say that I seek damages and an injunction.
instead of declaratory judgment
can you recommend any samples or any simple books where these procedural structure is discussed?
yes, there is a law library that I went to, I guess, i'll go again.
I understand. In my amended complaint I should just say that I seek injunction and damages.
ok,I'll do that. The worst thing that can happen is that they will dismiss the case and I can bring it again as traditional case. Right?
ok, thank you
i think you explained everything and answered all my questions. Thank you again.
yes, I am leaving a positive rating of course.
Dear LadyLawyer, you helped me before, and I need your help again with my case. This is where I am right now. I am waiting for the court to set the hearing date to hear the Defendant's motion to dismiss my Complaint (this is First Amended Complaint by the way). The Defendant filed 9A package in Court on July 3d. Few days after that date I obtained an affidavit that I would like to include in my case. What are my options? I talked to the court clerk and he said the hearing won't be until late September, so I have time.
I am not sure how this works, but i am willing to pay for this service. I just really need to know what to do.
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