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Jack R.
Jack R., Lawyer
Category: Real Estate Law
Satisfied Customers: 6147
Experience:  Mediator, part of the Ohio Save the Dream Foreclosure project
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I have filed a civil complaint against my neighbor for running their sewer line across my property without my knowledge or consent. My neighbor was successfully served. She hired an attorney who filed a motion to dismiss, as well as an answer to my complaint. How do I file a response to the motion to dismiss and to their answer. I want to  amend my complaint. Do I just mail a copy of the amended complaint to her attorney and file the original with the court?

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Service of an amended complaint must be done in a manner similar to what is permitted for serving a summons. Service can be completed by
the plaintiff or by any person authorized to serve process including a sheriff or his deputy, or by registered or certified mail return receipt requested with delivery restricted to the addressee. Service is effective upon the date of delivery as shown on the return receipt.

Basically if you are not using the sheriff, deputy or authorized process server you can serve the amended complaint by registered mail return receipt requested. You must provide the clerk with a copy of the signed receipt along with your pleading.

Please accept my answer with a rating of 3 or better so I may get credit for my response. If you have follow up questions please ask. Please note that paying the deposit does not cause funds to be disbursed until you rate my response (3 or greater).

Customer: replied 3 years ago.

Can I send the amended complaint via registered mail return receipt requested to her attorney, or do I have to send it to her directly.

You can send it to the attorney of record.

Please accept my answer with a rating of 3 or better so I may get credit for my response. If you have follow up questions please ask. Please note that paying the deposit does not cause funds to be disbursed until you rate my response (3 or greater).


Jack R. and 5 other Real Estate Law Specialists are ready to help you
Customer: replied 3 years ago.

Thank you.