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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 116701
Experience:  Attorney experienced in commercial litigation.
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How do I file an ammended pleading in County Circuit Court

Customer Question

How do I file an ammended pleading in County Circuit Court of the state of WV? What is the form? Do you have an example?
Yes a storage company sold my property without notifying me as required by law.
My storage company was either sold or hired a management company. They then stopped accepting my automatic credit card payments. They failed to send a letter to my new primary address or my secondary address or call any of the three phone numbers that were part of my contract.
They also failed to inventory my property that was worth in excess of $14K
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

There is no actual form for this, you have to file a motion and notice of motion for leave to amend complaint and you need to state in the motion why you are seeking to amend and you have to attach a copy of your amended complaint. You are filing the leave to amend pursuant to WV Rule of Civil Procedure 7-16, which allows an amendment with leave of court once the defendant has answered the suit (if the defendant has not answered the suit, you could file without a motion for leave to do so). Your complaint looks identical to the first complaint you filed except it is titled "First Amended Complaint."

The format for the motion, court name and case name at the top, is the same as your complaint, you title it Motion for Leave to Amend and then you state you are asking the court for leave to amend pursuant to the rule above. You also submit a notice of motion with the motion for it to be heard for the court to order the amended complaint. Do not forget to attach the amended complaint to your motion for leave to amend.

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