Legal Question in Civil Litigation in California

Re: Can I amend my answer to the summons?

Mr. Stein and Mr. Starrett are correct. You usually obtain the other parties consent through stipulation, and if they refuse to stipulate, you file a noticed motion for leave to file an amended answer. Normally, an answer does not need to be amended to assert additional evidentiary facts. An answer should be amended, however, to assert a new or different affirmative defense. The ability to distinguish what is a relevant "ultimate" fact, an evidentiary fact, and an affirmative defense is in the purview of a skilled and experienced trial attorney. Failure to assert an affirmative defense is considered a waiver, and the court will bar you from presenting evidence at trial on a defense that you failed to assert either through your original answer, or an amendment.

If I were you, I would at the very least consult with an attorney to give you some coaching, if you choose not to retain an attorney for the balance of the litigation.

Very truly yours,

Re: Can I amend my answer to the summons?

I am not sure why you would have been that specific in an answer. An answer is usually pretty general in nature. You can file a motion with the court to file an amended complaint or wait until trial, if it gets that far, and ask the court to amend the answer to match the evidence.

You really should talk to an attorney about your case. If you are being sued by a collection agency, you may have other defenses available. You can read more at my blog, www.californiadebtblog.com

Re: Can I amend my answer to the summons?

If you cannot get the other party to stipulate to an order allowing you to file an amended answer, then you must file the proper motion with the court. While the courts routinely grnat this type of a motion, it is not a simple task and I strongly urge you to find an attorney to assist you.