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John, Attorney
Category: Legal
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Experience:  Licensed and practicing attorney.
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New Jersey : After amended complaint(foreclosure) has been

Resolved Question:

New Jersey : After amended complaint(foreclosure) has been filed, when must it be served upon defendant ?
Submitted: 1 year ago.
Category: Legal
Expert:  John replied 1 year ago.
Hi, thanks for submitting your question today. My name is XXXXX XXXXX I’m happy to assist you with your question today.

The answer to your question depends on where you are in the litigation - specifically whether you properly served the party with the original complaint or, on the other hand, whether you only filed the original complaint (without serving it on defendant) and then amended it as allowed by the court rules.

If the defendant has not been served original complaint, you have to have the amended complaint served on them within the time stated on your summons issued by the court. If you have already served the defendant the original complaint and exercised your 90-day right to amend without leave of court or you motioned the court for leave of court, you then simply mail the amended complaint to the defendant when you file it with the court; you do not have to execute personal service on them as you would in the original complaint. See NJ Rule of Civ Procedure 4:9-1

So, in short, you are to have it served on them within the time allowed by the summons if you haven't yet served them with the original complaint. Or, you are to mail them a copy of the amended complaint simultaneous with your filing the amended complaint with the court if you have already served the original complaint on the defendant.

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this message. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers. Thank you, XXXXX XXXXX wish you all the best with this matter.

Customer: replied 1 year ago.

Sorry. Plaintiff asked for leave of the court to file an amended complaint. Proposed amended complaint and summary judgment were granted on April 21, 2013. Plaintiff filed Amended Complaint on May 23, 2013. Plaintiff served copy of the filed amended complaint upon defendant(me) by regular mail on Aug 5, 2013. Although there was nothing attached to the proposed or filed amended complaint ..i.e. the mortgage, modification agreement or revised note it seems to me that it was served out of time.

Expert:  John replied 1 year ago.
Hi, Eugene, yes I agree with you for the most part. It was served on you late, but you'd still have to answer from the date it was served on you late. For example, what usually happens when a motion for leave to amend complaint is granted, the plaintiff takes the complaint he attached to the motion directly to the court clerk and has it filed and gives/mails a copy to the defendant the same day. Defendant then has 20 days by court rule to answer the amended complaint.

In this instance, not only did the plaintiff wait a month to file the amended complaint the court allowed him leave to file, but he then waited 2.5 months to give you a copy. This isn't against any of the court rules, unless the judge in his order to allow leave to amend limited the time to file and get you a copy, but your duty to answer the amended complaint is 20 days from the date you are given a copy; not from the date it was filed with the court.

Hope this helps clarify the matter. Let me know if I can assist you further. Thanks
John, Attorney
Category: Legal
Satisfied Customers: 3705
Experience: Licensed and practicing attorney.
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