Legal Question in Civil Litigation in Florida

Being Sued

I was served a summons.. I answered the complaint which the court acknowledged receipt.

Now after checking at the court I have discovered that the plaintive has now amended the complaint twice and filed them with the court and has now asked for a jury trial..

All of this seems to have happened without me being informed or notified?? Can they do this and should they have notified me?

also what can I do now at this late stage of the game??


Asked on 10/15/07, 9:49 pm

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Being Sued

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Generally, a plaintiff is not allowed to amend a complaint once an answer has been filed without leave of court. You (or your attorney) should file an objection with the court do to the improper way this has been handled. Ask the court to strike the amended complaint that was filed without the court's permission. It may be time for you to review this matter with an attorney if you are not represented as the technicalities of a trial can be very confusing if you are not skilled in law.

Scott R. Jay, Esq.

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Answered on 10/15/07, 11:29 pm


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