How do I add a defendant to a small claims court case?
In West Virginia, if the plaintiff wishes to add a defendant to their small claims court case, they must file an amended complaint with the court. This amended complaint should include the original plaintiff, defendant, and the additional defendant that is to be included. The amended complaint must be signed and filed with the court and must contain the original date of filing for the lawsuit, the original court case number, and the claimed amount. The amended complaint can also include additional statements or documents that provide further details related to the lawsuit that will help the judge make a better decision. Once the amended complaint is filed, the court will send a copy of the amended complaint to the original defendant and all new defendants that the plaintiff has added. The additional defendants will then be given a certain amount of time in which they can respond to the complaint. If the defendant does not respond within the given time frame, they may be in default and may not be allowed to present their defense during the trial. It is important to note that depending on the circumstances of the case, the court may require the plaintiff to pay a fee before the amended complaint can be filed. If this is the case, the plaintiff must present the payment to the court in order to add the additional defendant.
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