I'm the plaintiff in a small claims case. Today was the court date. The defendants did not appear. The judge granted me a stay and another court date to appear in order to give him an affidavit to military service which is required before he could grant me judgment. I asked he also allow me to amend my original complaint to include a newly discovered damage that was discovered after the defendants were served the original summons/complaint. The judge granted my request, took down the additional $ sought, and stated that I must bring the military affidavit and receipts at next appearance. I am not sure if I have to file an amendment, and/or have to notify the defendants of this next court date and the fact that I am seeking additional damages with a complaint/summons, or because the defendants were no show, is it not my responsibility to file an amendment/ summons? My thought is the judge did not say I had to file and amendment/summons, nor did I ask him, but how will the defendants have a chance to answer to the amended part? Don't want to lose my chance of default judgment.
You want the extra money, you have to file an amended pleading. Oral amendments to complaints/pleadings not allowed.
defendants have not appeared; they may be willing to concede the complaint as filed; they may not be willing to concede the new amount; so, you have to serve the defendants with the amendment; however, since you claim to have properly served the defendants you can provide the amendment by mail..
You need the military affidavit to confirm the defendant served was not in the military (that would be an excuse why he/she did not appear).
You need to amend your complaint to reflect the corrected damage amount.
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