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Do I have 10 days to answer an amendment to complaint even though I never received the first complaint or summons?

Huntington Beach, CA |
Filed under: Summons and complaint

I am 1 of 5 defendants a tentative Judge ruling on 03/01/13 is: All other defs including me are severed & dismissed w/o prej for FTP. After this,On 03/19/13 I got an amendment to complaint where I am named as defendant, but I never got any complaint before, since I am doing this Pro Se. Do I have to answer? if yes, where do I have to send my response? to the Court and the other Party?

Attorney Answers 2

Posted

If you were never served with the complaint or the Amended Complaint you are not obligated to respond. If you were served with the Amended Complaint then you must respond even if you were never served with the original complaint.

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Posted

Your facts are not entirely clear but it appears you may have been served the amended complaint simply because you remain on the service list. Contact opposing counsel and tell of your confusion. It appears you may have been dismissed from the case so you should not be receiving anymore case documents. If so, ask to be removed from their service list.

If not (because the ruling was only tentative and perhaps the actual ruling was different) tell the attorney you do not consider yourself properly served with the summons and complaint because service by mail is inappropriate for a non-appearing party. You can then either respond to the first amended complaint or wait to be formerly served with process.

BTW, I urge you to seek counsel immediately if you have not actually been dismissed from the lawsuit and if a response is required. Good luck.

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