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

Simi Valley, CA |
Filed under: Landlord-tenant

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


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.

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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 information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.

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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. Any statements are made for general informational purposes and do not constitute legal advice. No attorney-client privilege is created by this communication. Attorney is licensed in California only.

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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.

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