Legal Question in Civil Litigation in Louisiana
No answer to an amended petition
Defendant was personally served with originally petition and timely filed an answer. Two months later defendant was personally served with a procedurally correct amended petition and did not timely answer( The amended petition alleged new facts, dates, and defendant). Default judgment was entered and confirmed four days later.
Is this Judgment by default null under CCP Art 2002
because defendant answered the original petition?
After delays for appeal of default judgment, the court of appeal supported lower courts judgment that default cannot be taken on an amended petition if the defendant answered the original and niether court offered jurisprudence to support respective opinions. I, plaintiff in pro se, am going to apply for a writ of review but I am a nonlawyer and need any assistance I can get.
1 Answer from Attorneys
Re: No answer to an amended petition
First, you say that you confirmed the default, and then you say that the appellate court supported the lower court's judgment that you cannot take a default judgment on an amended petition if an answer to the original petition was filed. Did you or did you not confirm a default judgment? Even without knowing the answer to that question, I can tell you that in my jurisdiction you are wasting your time and money by filing a writ. Set the matter for trial in the lower court, have defendant personally served with notice of trial, put on your evidence and get a solid judgment.
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