How to Amend a Small Claims Summons

Written by etch tabor
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How to Amend a Small Claims Summons
Amend a summons. (gavel image by Cora Reed from Fotolia.com)

When you file a claim in small claims court, you file two pieces of information. One is the complaint, the reason for your suit. The other is the summons, which references the parties in the suit, namely you and the defendant. Often, this information is on the same document; however, this varies by jurisdiction. If you need to amend the summons, whether you misspelled the defendant's name or wrote down an old address, the process is fairly simple.

Skill level:
Moderate

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Things you need

  • Amended summons form

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Instructions

  1. 1

    Visit the small claims court in the jurisdiction where you are filing the claim. The jurisdiction will be a county.

  2. 2

    Request an amended summons and complaint form from the small claims court clerk. The form will vary from jurisdiction to jurisdiction; however, all are similar and will serve the same purpose. In many jurisdictions, this form will be the same as the form used for the original summons and complaint.

  3. 3

    Check the box that reads "Amended" on the form. (This applies if the form has such a box.) Since many summons and complaint forms are used for amended summons and complaints as well, checking this box is necessary to indicate that your claim has already been filed.

  4. 4

    Fill out the form accordingly. Be sure to include the changes to the summons, such as the spelling of the defendant's name or the defendant's address. Be sure to also enter the proper case number, which the clerk should have provided with the filing of the initial complaint. This will enable the court to associate your amended summons with the original forms.

  5. 5

    File the amended summons with the small claims court clerk. You can often do this electronically through the court's website, via mail or in person.

  6. 6

    Pay any filing fee that applies to filing an amended complaint. This fee, if applicable, will vary from county to county.

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