Filed small claims. Already served defendant but the amount was wrong. What do I do? Cannot find any form to amend the amoun

Asked over 1 year ago - Simi Valley, CA

Tenant landlord dispute. Was forced out by restricting use of bathroom. Chased with baseball bat in hand. Landlord removed my door. Threatened my life and tried to beat door down with a bat while on phone with 911 operator. Much more. Terrible experience

Attorney answers (4)

  1. Robert Bruce Kopelson

    Contributor Level 20

    7

    Lawyers agree

    Answered . Most small claims courts have small claims court advisors to assist. try the clerks office. Depending upon when the hearing is (assuming you have enough time to amend and serve in advance of currently sey hearing, you may just want to get a new form, and write Amended in front of "Claim of Plaintiff" on the forms, and re serve the deft with the new amended claim. If you dont have enough time to do that, you may need to dismiss without prejudice, and start over. You may be able to continue hearing to give you enough time to serve amended claim.

  2. Radhika Sood

    Contributor Level 7

    6

    Lawyers agree

    Answered . I agree with the previous answer. If your amendment asks for more money, you will most likely need to re-serve your claim. Your other option is to dismiss your case without prejudice and re-file at a later date. However, this might not be the best option if you are filing close to the statute of limitations period.

  3. Adrienne Patricia Allen

    Contributor Level 15

    3

    Lawyers agree

    Answered . I have added Landlord /Tenant to your categories as well so you can get more answers, hopefully.

    I am licensed in California only and my answers on Avvo assume California law. The above answer is for general... more
  4. Constantine D. Buzunis

    Contributor Level 17

    2

    Lawyers agree

    Answered . As the person that filed the complaint, you will go first to prove your case, you can at that time submit a new or amended summary of your list of damages.
    I think what might be better is to try and provide the summary to the bailiff prior to the start of court, make sure to have your case name and number and the description of the document. Also have exrta copy to provide to the defendant. Also be prepared to explain why the numbers are different and don't try and overreach.

    Legal disclaimer:This message does not constitute legal advice and does not create an attorney-client relationship.... more

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