Do I need to file an answer for both the original and amended? What is my deadline to file an answer?
Received Civil Action Summons about 30 days ago for Superior Court of New Jersey.
Received an amended summons about 5 days ago.
6 attorney answers
It depends. We need more information. Can you tell us what type of claim it is? There are some (not many) types of actions where you are given a court date and are required to show up on that day with your papers. But if the complaint is being amended, that's not likely this case.
Let's assume this is a run of the mill civil action filed in the Law Division. Plaintiffs have the right to amend their complaint before an answer is served. It sounds like that is what happened here. If that's the case, then the amended complaint (you say summons, but usually its complaints that get amended) replaces the original one, and you only have to file an answer to the amended complaint. You have to file your answer within 35 days after you were served with the first complaint, or within 20 days after when you were served with the second complaint, whichever gives you more time. Since the first complaint was served 30 days ago, sounds like you have 20 days from when the second complaint was served (which by now is 15 days). Remember when serving your answer, including any counterclaims you might have.
While I would need more information to provide you with a complete response. I think that you only need to answer the amended complaint. You must file an answer to the complaint (in this case the amended complaint) along with the appropriate filing fee within 35 days after service of the complaint. You may want to hire an attorney to assist you.
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you probably only need to answer the amended complaint and you have 35 days from the date of service to do it. this is almost certainly the case. however, you would be well advised to obtain counsel because being pro se is generally risky especially as a defendant.
Based only on the information you provided in your question, the answer is that you should respond to the Amended Complaint by filing an answer to it within 35 days of receipt of the Amended Complaint. Please note, however, that there are variables here since you did not provider more information. if, for example, the Complaint is joined with an Order to Show Cause, you will be required to appear in court on a set date, which you would not have to do for a regular complaint and summons. You should obtain an attorney to represent you in the case and file your Answer.