leave for ammend

[My~Cuz~n~Vinny~]

10 Civil court CONTRACTS - COLLECTIONS

The case is now almost in its 3rd month.

Request for admit from plaintiff to defendant has been answered deny to all and sworn as truth and notarized by court notary..Sent certified mail, reply certified with Superior Court as being sent.4 days before 30 day deadline for reply.No reply or objection to replies have been received in 25 days.

This 2nd amend was just a straight forward general denial of all accusations with defendants rights expressed as...to add defenses and counterclaims at a later date.

Should I file to leave for amend again?

Or wait to see if the judge will require the defendant to revise the general deny to reflect any discovery the defendant has made in the history of the last 3 months.

There has been no court appearances by either party yet.

Has my time to plead been passed yet? Should I do this before I lose my right to add defense and counterclaims?

** This debt was disputed to another debt collector prior to this current debt collector. That collector sent no document in response to a notarized debt validation letter.Now comes this new debt collector claiming they are the (debt collectors for the plaintiff**

LEAVE FOR AMEND FOR A MORE RESPONSIVE ANSWER TO PLAINTIFF'S COMPLAINT

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DEFENSES

Defendant disputes alleged debt , alleged to be due and owing Citibank N.A. South Dakota.

Defendant does not owe the plaintiff anything.

Alleged indebtedness has previously been disputed to the plaintiff by the defendant.

Complaint listed dates with no specificity of an alleged indebtedness occurring and/or occurred.

No Identifying account number of an alleged indebtedness is present in the complaint.

No document or suggested substantive fact accompanied complaint to support the preponderance of an alleged fact in complaint.

No dated and/or certified, substantive notification, in support of plaintiffs attempt to resolve any issue that may have been related to the subject account, are on record.

Plaintiff has no substantive document of application for contract or agreement between parties, when the subject account was alleged to be first opened.

COUNTERCLAIMS

Plaintiff has not responded to defendant's interrogatories and request for documents.

Plaintiff did not produce any verification of documents, when requested by defendant in prior dispute.

Plaintiff offered an Exhibit B in their request for admit, and then provided no exhibit B.

Upon information and belief the plaintiff had no existing documents to offer on first request for documents by defendant.As such, the subject account remains unverified and invalid.

Upon information and belief the plaintiff had no existing documents to offer on first request for documents.Leading the defendant to believe that documents produced by the plaintiff eight months later, were manufactured recently and were not, created on or around the time of the alleged original documents.

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No I didn't Legalegal.Thanks

Is shorter better then?

.

Edited March 19, 2012 by My~Cuz~n~Vinny~
answer

[legaleagle]

Did you actually send this crap to the court? I hope not. This is completely out of line.

[InProPer]

Does anyone know how to correctly Amend an ANSWER? My case has been continued 4 times now and I would like to file a cross-complaint seeking reimbursement for loss of wages, and legal research fees I've incurred. I also need to amend an answer with more explanation. I had planned to amend liberally at trial, but all these continuances have bought the Plaintiff time to file an objection to my Motion in Limine which I would like to address now since they have delayed the trial again with their "Calling in sick while trial is convening" tactics.

Edited March 20, 2012 by InProPer

[InProPer]

Well I found a few threads on this subject but not enough clarity on timeline restrictions to get a full understanding. I'm not sure if it's too late or if I should just follow Calawyer's advice and amend liberally at trial, or both. I don't see a way to make a cross-complaint that way but so far everything Calawyer has said is right.

[InProPer]

MycuznVinny, here is a link to an Amended Answer:

http://www.creditinfocenter.com/forums/1097465-post1.html

[My~Cuz~n~Vinny~]

Thanks ImProPer!!

Not sure about your state, but from what I (THINK) I see...You can file a leave for amend as long as it does not impede the setting of a trial date.You can still file but the judge may impose a sanction against the party issuing it.

I am certain of this by no means. I filed a REQUEST for leave for amend.... to amend my first amend. My newly amended answer was attached to the request.

Submitted it to the clerks office with Court Certification to the clerks office that an exact copy of all this was sent to the plaintiff. If no objection is made in part or whole it is deemed amended. So if they object and ask to change something you can read their objection and show by law why you think their objection holds no water. Thats the hard part. Trying to find applicable law.

I am a newbie myself but it is starting to make a little more sense now,with special thanks to all those who input on my threads. As well thanks to the administrators of this site who are kind enough to allow me to fumble around til I get better at posting and how to post.

Here is my Request:

DEFENDANT'S REQUEST FOR LEAVE TO AMEND

The defendant in the above titled action respectfully requests leave to amend his Answer to the Complaint, pursuant to (place your state statute here), which states in pertinent part: " (3) By filing a request for leave to file such amendment, with the amendment appended, after service upon each party as provided by Sections (again YOUR state statutes), and with proof of service endorsed thereon." A copy of the amended Answer is appended hereto. This matter has not been assigned for trial.

signed

address

Date