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Tina
Tina, Lawyer
Category: Legal
Satisfied Customers: 33167
Experience:  JD, BBA Over 25 years legal and business experience.
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Sued for credit card debt. Lawyer filed complaint and checked

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Sued for credit card debt. Lawyer filed complaint and checked open book account account for money due and also checked account was stated in writing between plaintiff and Defendant in which it was agreed that money was due on the complaint with no written attachment of the agreement.
Question: Can they amend the complaint to sue on a open book account and move to strike that written agreement did not exist?

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

You do not believe there is a written agreement between the parties for this debt?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 3 years ago.

I can't recall. Talking to the debt collector, he said they made an error in checking the box and they would amend the complaint to open book account only. Also in California and debt is 3yrs old from last payment.

I see. Thank you for clarifying this for me, Jim.

The plaintiff will normally be required to request permission from the court to amend their complaint, but courts do commonly grant such permission since the rules of civil procedure indicate that such permission should be freely given by the court unless there is an undue burden on the opposing party. So the answer is "yes", they can typically amend their complaint, even more than once in many cases, to make necessary corrections to their pleadings.

The statute of limitations to sue on a credit card debt in CA is normally 4 years, so it does appear they have timely filed the complaint if the account became delinquent about 3 years ago.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

Customer: replied 3 years ago.

So the complaint can be amended to just state open book account with no supporting documents or agreements?

Hello again, Jim.

They will be required to prove their case at trial if you oppose the allegations contained in the complaint, but it is normally not necessary that they produce proof of the charges they allege you owe with the complaint itself.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

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Thank you very much for your positive rating of my service. It has been my pleasure to assist you and I hope you will ask for me should a future legal need arise.

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Thanks again and all the best to you.

Tina

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