Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

What are the steps to amend a complaint that has been served…

What are the steps to...
What are the steps to amend a complaint that has been served but the defendant didn’t respond?If you amended a complaint but couldn’t serve the amended one (the original one is served), then which version would the trial be carried on? In the case there is no default entered, the judge will just make a decision based on your complaint and evidence?If the old complaint has certain damages listed in the fact section but there is no corresponding cause of actions, can you seek damage on these facts? If not and it is better to amend the complaint, it will also increase the risk that the defendant might respond to the new complaint and a default can’t be entered. So overall which is better option among these two:
1. Amend the complaint and the risk is the defendant may now respond
2. Use the old complaint and enter a default. The problem is some facts/damages have no corresponding cause of actions.
Show More
Show Less
Ask Your Own Legal Question
Answered in 20 minutes by:
3/22/2018
INFOLAWYER
INFOLAWYER, Attorney
Category: Legal
Satisfied Customers: 60,954
Experience: Licensed attorney helping individuals and businesses
Verified
You should serve amended. Court will normally use amended if you served it. If not served court will use original. Please let me know if the reply is acceptable by responding “yes” or “acceptable”
Ask Your Own Legal Question
Customer reply replied 1 month ago
Could you double verify and let me know this?:
So overall which is better option among these two:
1. Amend the complaint and the risk is the defendant may now respond
2. Use the old complaint and enter a default. The problem is some facts/damages have no corresponding cause of actions.In the case there is no default entered and no defendant present, the judge will just make a decision based on your complaint and evidence?
If defendant defaulted I would not amend but get the default!Please let me know if the reply is acceptable by responding “yes” or “acceptable”
Ask Your Own Legal Question
Customer reply replied 1 month ago
The problem is the original version has no cause of actions for some of the damages. Would it be a problem when it comes to ask for money?
Customer reply replied 1 month ago
Please answer all the questions I listed. Thanks,
If you want recovery for unpled claims then you should amend first.Please let me know if the reply is acceptable by responding “yes” or “acceptable”
Ask Your Own Legal Question
Customer reply replied 1 month ago
Earlier you told me to amend. Please read it carefully as th
I would normally not amend but if you have new claims with different added damages- not duplicative - then you amend.
Ask Your Own Legal Question
I hope that distinction is clearer. Let me know. If you have a follow up, just reply and ask me!
Ask Your Own Legal Question
Customer reply replied 1 month ago
overall which is better option among these two based on the trade offs:
1. Amend the complaint and the risk is the defendant may now respond
2. Use the old complaint and enter a default. The problem is some facts/damages have no corresponding cause of actions.And if there is no cause of actions, even you listed the facts, you can’t be compensated?
Customer reply replied 1 month ago
Also what are the steps for amendament?:
File first with court and then serve? What documents to file: just the new complaint, or include the summons, cover sheet and etc.?
You would file a motion to amend with a copy of the new proposed complaint - which is recommended since you want court to consider new claims.
Ask Your Own Legal Question
Customer reply replied 1 month ago
But now the defendant might respond. And you still think it is better to amend?Just the new complaint, no summons etc? Should you bring one copy or three copies to court?
because you want court to consider new claims. If you were ok with claims in original I would not amend and just get the default. Bring 3 copies. Please let me know if the reply is acceptable by responding “yes” or “acceptable”
Ask Your Own Legal Question
Customer reply replied 1 month ago
In another words anything in the summon won’t get judgement if it has no cause of actions? Note the old complaint has the claims in the fact section but just has no corresponding cause of actions.So just bring new complaint, no summons or cover sheet etc?
Customer reply replied 1 month ago
to all the questions correct?
Exactly! Please select the 5 star (*****) rating on your page for the answer. That’s how I get paid by the site. Much appreciated!Leaving a bonus after rating is very much appreciated.
INFOLAWYER
INFOLAWYER, Attorney
Category: Legal
Satisfied Customers: 60,954
Experience: Licensed attorney helping individuals and businesses
Verified
INFOLAWYER and 87 other Legal Specialists are ready to help you
Ask your own question now
Customer reply replied 1 month ago
Ok I will follow up if there is more questions.
Customer reply replied 29 days ago
Hello amended complaint can be sub served after three attempts correct?

correct

Ask Your Own Legal Question
Customer reply replied 29 days ago
Thanks,
Customer reply replied 9 days ago
Hi I have a followup question. If someone he lives with (his parents actually) says he no longer lives there (might be a lie), but since he lived there recently and was served there for the original complaint, then it can still be subserved correct? Also if the server didn’t leave the paper with the parents, can they simply go back and drop the paper at the door?
it’s a last known address. An amended pleading can be mailed to the address.
Ask Your Own Legal Question
Leaving a bonus after rating is very much appreciated.
Ask Your Own Legal Question
Customer reply replied 9 days ago
But can the server simply go back and drop the paper at the door? Thanks,
Often can just be mailed through postal service since already served.
Ask Your Own Legal Question
Customer reply replied 9 days ago
But say if the server just asked his parents if he is there but didn’t say it is a court paper, can the server still go back and drop the paper or the server has to talk to the parents again?For some reason the server can’t mail it.
Would ask again if there. Can still leave with parent as suitable age person and last known address.
Ask Your Own Legal Question
Customer reply replied 9 days ago
Ok just want to clarify, so even if the server didn’t say it is a court paper, they can still go back and just drop the paper (if no one answers the door)?
Customer reply replied 9 days ago
Thanks. I just created a new question for you. Please check.
Excellent. Thanks.
Ask Your Own Legal Question
Customer reply replied 7 days ago
Hi I really want to double check, how come it is ok to leave the paper outside if the server talked to someone he lives with but didn’t mention it is court paper?Also can you really serve alone by simply leaving the paper at their mailbox?
Because served correctly first time so amended need only be delivered to same address.Please click the 5 star (*****) rating - it’s the only way I receive credit by the site. Leaving a Leaving a bonus after rating is sincerely appreciated!
Ask Your Own Legal Question
Customer reply replied 7 days ago
you are saying leaving at the mailbox is ok?Are you interested in answering the new question I opened?
Exactly. Kindly rate me for this one. I will look for the other one.
Ask Your Own Legal Question
Customer reply replied 7 days ago
But how to report proof of service? On form pos-040 they’d check box 6.d for messenger service? I rated before and can’t rate again.

On an amended you normally dont report. If court directs, an affidavit of service.

Ask Your Own Legal Question
Customer reply replied 7 days ago
He hasn’t answered to the original as well. So I don’t use pos-040 to proof service of amendment? The amendment is important to have a proof of service to my point of view because the original has no statement of damages.

If the clerk requests it, then provide it but it should not be needed.

Ask Your Own Legal Question
Customer reply replied 7 days ago
Ok cool thanks!
Customer reply replied 7 days ago
But it wouldn’t hurt for me to submit the pos-040?Ps here is the new question:
https://my-secure.justanswer.com/question/index/209d5389617c490ba5512817fd008179?continueTheConversation=False&comingFromAdservEmail=False&ratedThroughEmail=False&rating=0&paymentType=Unknown

It would not.

Ask Your Own Legal Question
Customer reply replied 7 days ago
Ok can you confirm it would be messenger service if they left it at the mailbox?

that's fine, and I responded to your other thread.

Ask Your Own Legal Question
Customer reply replied 7 days ago
Ok I will look into it some time later today.

ok

Ask Your Own Legal Question
Customer reply replied 5 days ago
In proof of service, it asks who was served. It should still be the defendant’s name except served through messenger service, correct?
Customer reply replied 5 days ago
Served defendant name through messenger service.
Please open a new thread for your questions, thanks.
Ask Your Own Legal Question
Customer reply replied 5 days ago
Hi is this a simple answer of yes and no?
Defendant is the one served.
Ask Your Own Legal Question
Customer reply replied 5 days ago
Thank you!
You’re welcome.
Ask Your Own Legal Question
Customer reply replied 1 day ago
Hi I have a quick followup question, if they talked to someone who lives with the defendant and mentioned it is a court paper but didn't leave the paper with that person, later they dropped the paper at the residence. Is it considered sub serve or it is just a messenger service?Ps JA doesn't like similar questions to be opened. So I could point completely different new questions to you. But maybe not create new spin off similar questions from this thread.
I would refer to it as service and not use those titles.
Ask Your Own Legal Question
Customer reply replied 23 hours ago
Sorry you mean it is a sub serve (they told the person it is a court paper but didn’t give the paper to the person. They dropped the paper later)?
Customer reply replied 23 hours ago
On CIV-50 form it is either sub serve or Other(in which case you explain what you have done).
Sub serve.
Ask Your Own Legal Question
Customer reply replied 23 hours ago
Thanks!
Very welcome. Leaving a bonus after rating is very much appreciated.
Ask Your Own Legal Question
Was this answer helpful?
Ask INFOLAWYER Your Own Question
INFOLAWYER
INFOLAWYER
INFOLAWYER, Attorney
Category: Legal
Satisfied Customers: 60,954
60,954 Satisfied Customers
Experience: Licensed attorney helping individuals and businesses

INFOLAWYER is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

60,954 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
Auto title question: I'm buying a used car, the title is in
auto title question: I'm buying a used car, the title is in the seller's alias name, the seller's son is signing as POA, the POA is for the seller's legal name. Will DMV accept this POA?… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
36,208 satisfied customers
We purchased a mobile home not as described and the title
We purchased a mobile home not as described and the title turned out to be retired now the person is telling us he got another title and wants us to accept it and skip the title transfer from the owne… read more
INFOLAWYER
INFOLAWYER
Attorney
60,954 satisfied customers
Concerns a Title 9 assault case. If the alleged assalted
Concerns a Title 9 sexual assault case. If the alleged assalted person refuses to file a complaint, should there be a school investigation … read more
Eric. Y.
Eric. Y.
Law/J.D.
52 satisfied customers
If two people are named on a home title together...is it
Second opinion] If two people are named on a home title together...is it legal for one party to put outside persons name on home ins.to get cheaper rate?… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,276 satisfied customers
If two people are named on a home title together...is it
If two people are named on a home title together...is it legal for one party to put outside persons name on home ins.to get cheaper rate? … read more
DanLegal
DanLegal
Law Partner
Juris Doctor
314 satisfied customers
Have a question about liens and title insurance. North
have a question about liens and title insurance JA: What state is this in? It matters because laws vary by location. Customer: North Carolina JA: What steps have been taken so far? Customer: none just… read more
Lori
Lori
Juris Doctor
1,090 satisfied customers
If I have title on house and daughter and son in law are
if I have title on house and daughter and son in law are signed on to mortgage and son in law messes his credit up to where he owns thousands of dollars will the banks go after the equity of the house… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
If I have a residential property titled TODAY as being in a
If I have a residential property titled TODAY as being in a trust, can Medicare or Medicaid take that property if I am admitted to a nursing home under either of those? … read more
LegalGems
LegalGems
Juris Doctorate
11,587 satisfied customers
Is a parent allowed to transfer title of their home to a
Is a parent allowed to transfer title of their home to a child prior to admission to a nursing home? If so what is the time line requirements? Mom has provision that the home goes to me in her will. P… read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
523 satisfied customers
Is possible it to change the title of a house owned by a
Is possible it to change the title of a house owned by a deceased person without going through probate?There is still a mortgage owed on the house which is in New York and the deceased only had two su… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
36,659 satisfied customers
NJ. REGARDING A PURCHASE AND TITLE OF USED VEHICLE. I
NJ. REGARDING A PURCHASE AND TITLE OF USED VEHICLE.I purchased a used vehicle from a private seller in NJ. The vehicle has 83000 miles. When I went to DMV, I inadvertently checked the box on the Title… read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
523 satisfied customers
I was getting registration and title for a used car
I was getting registration and title for a used car purchased out of state from a dealer, it is a old car and the tax bases was not in the state directory, they asked for a bill of sale and I inadvert… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,236 satisfied customers
My question involves vehicle registration or title in the
My question involves vehicle registration or title in the state of: PennsylvaniaAbout 5 years ago, I purchased a car. My girlfriend at the time had a slightly better credit rating and we chose to fina… read more
Michael Bradley
Michael Bradley
JD
1,371 satisfied customers
Lost title owener died how do I get and transfer title.
lost title owener died how do I get and transfer title … read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,716 satisfied customers
I have a relative who is on title with a friend as joint
I have a relative who is on title with a friend as joint tenants. The friend passed away overseas. How do we go about transferring title in his name only now? The friend passed away in El Salvador. Th… read more
Lori
Lori
Juris Doctor
1,090 satisfied customers
Forged title that has been destroyed by DMV of. No papers on
Forged title that has been destroyed by DMV of Virginia. No papers on file. How can you find out who issued the new title to the person who forged the signature? … read more
Michael Bradley
Michael Bradley
JD
1,371 satisfied customers
Can a easement that is defined in a Title insurance, be
Can a easement that is defined in a Title insurance, be challenged by another as being ambiguous or not clear, to have it removed? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Is there a title company in Chicago by the name of
Is there a title company in Chicago by the name of Independence Federal … read more
KLAW
KLAW
Juris Doctorate
2,047 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x