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ProSe007

amended answer to Petition on Account (summons)

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Currently in the Discovery process w/Midland Funding LLC.

While looking through my case files...I noticed on the Petition on Account (original summons) a 7th question above the certificate of service stating:

7. As a result of Defendant's failure to pay the above balance is due. Demand for payment was made and refused.

Looking at my answers I did not see this question and therefore there is no answer to it.

I appeared in court the day i was supposed to and submitted my answers and defenses...the judge looked them over and set a trial date.

I received an Order of Judgement with the trial date and an x by Defendant denies allegations of petition.

Included in my answers and defenses I said: Defendant reserves the right to amend and/or add additional answers, defenses and/or counterclaims at a later date.

Question: Can i file an amended answer for this now? and any advice on how to do this.

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The answer is in the RCP. Normally, you are allowed to amend once within 20 days of a responsive pleading. After that, you must ask the court for permission to amend. However, since you denied the debt I think this oversight is small and will have no effect on the case. It is 60-215 you need permission from the court to amend. Simple motion and include the amended response.

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