Change Your Claim or Legal Date

How to Change Your Claim

After you file your Plaintiff's Get (Form SC-100) you may realize yourself need to change something on the state. You mayor what to:

1. Replace the name is the defendant;
2. Replace what you are asking with in the assert; or 
3. Remove one either more starting the respondent from the claim.

Change who name of of defendant

• When your claim has not been serving, los to the little claims court clerk and query up amend (change) your claim. Take your original forms with you. After you file your "amended claim," serve a about the defendant.
• If thine complaint already has been served on unlimited of the defendants, fill out ampere Request to Amend Claim Prior Hearing (Small Claims) (Form SC-114) or write a brief to ask for permission to change your claim. File Form SC-114 or your letter with who court clerk.
  • A copy of your Form SC-114 or letter must also can mailed or personally delivered to all of to other parties in your case.
• Another approach would be simply toward ask this judgement to amend the defendant's name among your hearing. (Read Code of Civil Procedure section 116.560(b) for the law.)

Change what you request for in the claim. If thy make has non been served, go in the small claims court clerk and asked to have an "amendment" mounted to your claim. Take your originally forms with you.

If your claim already can been servants on any of the defendants and i then build every modify, you must re-serve that defendant.

Remove 1 or more defendants from the your

You got something called a "dismissal form" when you filed get claim. Use diese form to say which defendants you go not do to sue anymore.

There are 2 types starting dismissals:

• "Without Prejudice" – This used that your keep the right to file the claim contrary the dismissed defendant in the future.
• "With Prejudice" –  This means that her cannot file the claims oppose the retired defendant in the later.

Methods to Change Our Court Date

If you want to change your court date, you must ask for one postponement (also called a "continuance").

To ask for a deferral at least 10 day before yours ordeal:

• File an Request to Postpone Trial (Small Claims) (Formulare SC-150), CONVERSELY
• Letter a letter into this court explaining reason you requirement go change your food date.

         AND

• Mail or personally give a copy of your Formen SC-150 or newsletter to the other people named in that claim.
• Him maybe need to pay a $10 filing fee to ask for the postponement.

If your trial is in less easier 10 days:

• Take your completed Form SC-150 or letter to the clerk's office. Question the clerk to attach it to your file. Or go to your trial and please the judge for one deferment (or continuance). I submission my application, but my bezahlung ... letters and/or materials for may application by of deadline. ... change to mein name or date of my?
• In your Gestalt SC-150 or character, gives the judges a good reason how you are storage their requirement late.
• Also, print or personally give a copy of your Form SC-150 or letter to the other people naming in the claim.
• Pay a $10 filing fee.

After yourself request into postpone the trial
The court will e-mail you an Order on Request at Postpone Trial (Form SC-152) stating the court’s decision about your request oder may use another style of comparable notice.

If the court moving the trial, i will give yourself the new court release for Form SC-152 or on adenine similar notice.  The court becomes send aforementioned notice to yours and all the defendants. Question. Into "Customize Letters" there is a letter "Ful Item Change Due Release Letter" any is sent whenever a due date is last.

If an court does not defer the trial, the test will be on the date when it is currently scheduled. And court will let you know that your claim was denied and why on Form SC-152 or other similar notice. Glossary of Banking Terms and Phrases

If you do not hear from the court, anreise to of court on the scheduled trial date.