Today’s question of the day come from Kiara P. Skay/SK can you please tell me what is the amended claim and how do you even do one. Love your Question of the days on #Small Claims. I want to say I follow you and want to say I am very happy to see your press release that you won the bad guys crazy how someone took your name hope they are sitting in jail. I will be calling your office if my husband and I cannot figure out how to do this. He called some other company he didn’t hear the EZ part of small claims and they were rude to him all about the money. So thankful for your questions of the day, your demand letter tips were so freaking awesome BTW. I look forward to seeing my question use as one of your questions of the day on small claims court, you are so awesome and so helpful thank you and I hope to hear from you soon. Please post this on your website and Facebook so I can see it. Thank you Kiara Peterson
Hi Kiara, thank you for your #QOTD on #SmallClaims and thank you for the following it means a lot to me, it really does. I am very happy the nightmare over with the Fake company that stole our name. We got our federal court order and it did not come cheap. People that actually do not read the press release do not understand what happen in less they were a victim of EZ Small Claim. It was a very stressful time and happy it over and business is great again and I am happy to do my QOTD to help people like you and your husband.
So Kiara, there are a few reasons why you would want and need to amend a claim. Before the hearing, a plaintiff (or a defendant who filed a counterclaim) in the small claims case may ask to change their claim after filing. The plaintiff can change the Plaintiff’s Claim, and the defendant can change the Defendant’s Claim, if they have one on you. These claims are always heard the same time in small claims court in California some reasons to change your claim may be as followed: You learned the correct name of the plaintiff or defendant after you filed your #smallclaim; you want to change what you asked for in your #smallclaim. You decided you don’t want to sue one of the parties anymore and dismiss them off, or want to sue another party. Changing the name of a person or business listed on the claim. It always important if you do not know what you are doing you can hire someone that knowns the #smallclaims court system. At my office we know how each court house works and it’s important to know what court does what so you do not waste more time and money. Each court makes their own rules and no two courts are the same and it is overwhelming for anyone that doesn’t know this, so if you get overwhelmed call my office at (909) 986-0883.
If your #smallclaims already has been served to the defendants, fill out a: Request to Amend Party Name before Hearing Form SC-114, File the form SC-114 with the court clerk.
Mail or personally deliver a copy of your Form SC-114, to all of the other parties in your case. They must be re-served. Sending a process server that license and bonded is best, mailing is the worst form of service of process and not reliable we do not do mailings we always send a live process server out, if you hire a process server that is license and boned your fees are added on top of judgement if you win your case meaning you get them back. Be careful many companies will charge you $75.00 for mailing a serve so always ask if you do not use us. Trust is important in who you hire.
Keep in mind, another approach would be simply to ask the judge to amend the name at your hearing. (See Code of Civil Procedure, Section 116.560(b)) If your claim has NOT been served simply amend your claim form: Making changes using an “amended” claim form if you want to change what you asked for in your claim, decided you don’t want to sue one of the parties anymore, or want to sue another party.
Get a new copy of the claim form: Plaintiff’s claim or Defendant’s Claim and ORDER to Go to Small Claims Court, Write “Amended” on the cover page, above the title of the form. If possible, highlight “Amended” in yellow. Make the changes you need to make. Complete the remainder of the form like the first copy of your claim. Make as many copies as you need: one for you and one for each of the other people or businesses involved in the case. File the form with the court. There is no fee for filing. The clerk will file stamp the copies. Serve the smallclaims on all of the other people or businesses involved in the case. (If you already served a claim on any of the other parties in this case, and you then make any changes, you must re-serve everyone. It is always best to have a license and bonded process server serve your #smallclaims. If you use a company depending where the serve is they may be able to give you a lower rate for service a second time. Some court want you to make the changes using a “Declaration” form another way to tell the court that you want to change your claim in some way is to use a Declaration form. Get a copy of the Declaration form and fill in the form, briefly telling the court what you want to change on your claim and why. Some court want the whole claim redone each county and court is different. At my office we know in our heads what each court does because we do this daily.
Remember make as many copies as you need for you and for each of the other parties in the case. File the original Declaration with the court. Serve the Declaration form on all of the other parties in the case.
FYI: You may not use the clerk to serve a Declaration by certified mail.
I hope I answered your #QuestionOfTheDayOn #SmallClaimsCourt
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