Amended Complaint


#1

I separated on 1 Jan 2010. Filed a complaint on 30 Dec 2010. Went to court on 10 March 2011, and the case was continued due to filing two days early. The Judge advised that I needed to file an ammended complaint, and stressed the importance of doing so in order to save the court costs. I did as he advised. I had the Defendant served with the Summons and Amended Complaint. The Defendant signed an “Acceptance of Service and Waiver of Right to Answer”. I filed the waiver, a Calendar Request, and a Notice of Hearing. The case was calendared for 11 April 2011. I went back to court today and the (different) Judge told me that my case is dismissed and I need to start all over. Her reasoning was that an Amended Complaint cannot correct in invalid filing and as a result she has no jurisdiction over the case. I talked to the Legal Assistance Office on Cherry Point, the clerks, and everyone I can. Everyone tells me that the judge is wrong. I followed the direction of one judge and was dismissed by another. The Clerk went so far to say that I should do everything in my power not to appear before her again…but to start over and seek another judge. What am I to do?


#2

An amended Complaint can correct an initial filing, but only if it is filed within 30 days, or before an answer is received. You will have to begin the process again.