Amending Damages

[xtradog]

Can I amend my damages to include lost wages and intentional infliction of emotional pain? I am currently suing for damage to my property when my neighbors dog attacked and almost killed my dog on my property, unprovoked and my dog was on leash and licensed. The neighbors dog was declared dangerous but he refuses to pay the vet bill. I now have filed a motion to supress his video as it has been altered by the neighbor and I have his own words he said under penalty of perjury that proves the video is incomplete. He has said some pretty nasty things to me to get me to drop my suit. Even accused my sister of intentionally cutting mt dog! This is the "Intentional part"

 

[army judge]

Can I amend my damages to include lost wages and intentional infliction of emotional pain? I am currently suing for damage to my property when my neighbors dog attacked and almost killed my dog on my property, unprovoked and my dog was on leash and licensed. The neighbors dog was declared dangerous but he refuses to pay the vet bill. I now have filed a motion to supress his video as it has been altered by the neighbor and I have his own words he said under penalty of perjury that proves the video is incomplete. He has said some pretty nasty things to me to get me to drop my suit. Even accused my sister of intentionally cutting mt dog! This is the "Intentional part"

Well, you need to brush up on your language, the law, and civil procedure; even before a small claims court.

What you are asking about is "amending your pleading".

I presume this is a small claims case, so forget that nonsense about "intentional infliction of emotional pain", as its called, "intentional infliction of emotional distress"; and its normally a waste of your time, but moreover the court's time.

You may motion before the court, should the court accept your motion, leave to file an amended complaint.
If the original complaint does not state a cause of action, that you believe is now correct, or the cause of action should be amended, you motion the court to allow you to file an amended complaint to cure the original, defective pleading.

These links offer some guidance about filing and amending your pleadings, as well as the small claims process.


http://courts.mi.gov/Administration/SCAO/Forms/courtforms/smallclaims/dc84.pdf

http://courts.mi.gov/Self-help/center/casetype/Pages/SmallClaimsSH.aspx

http://www.36thdistrictcourt.org/civil-small-faq.html

http://www.saginawcounty.com/DistrictCourt/CourtForms.aspx



Again, I know you CARE, but the court doesn't.

Don't waste the court's precious time, the defendant's time, and your time chasing your tail, or seeking revenge.

Plead a case that's reasonable and one for which you can PROVE UP your damages.
That's why i suggest forgetting the "intentional infliction of emotional distress" stuff.
Do you even know what a small claims court does?
Its a simple way to to seek justice, or to be made whole.
To do that, you claim EXACTLY what you lost.

For example, a person throws a rock through your window.
You observe the person doing it.
In fact, you know the rock thrower to be your neighbor, John Stoner.
The rock breaks your window, which costs you $300 to replace.
It also breaks an aquarium, and you lose $2,000 in exotic fish, a $1,000 aquarium, and it causes $500 in actual damges to your carpet.
Your loss amounts to $3,800.
You have receipts, you can prove it.
Your favorite fish, Mr. Paulie, a parrot fish dies.
You would be wasting your time to sue for "intentional infliction of emotional distress" in the amount of $300 because you watched Mr. Pauly flop, and die in apparent agony.

Be reasonable, and sue for ACTUAL losses, things that you can PROVE, not just assert.

Why?

The judge isn't stupid, and most judges dislike having the taxpayers' money wasted.

 

[Proserpina]

Very simply, "no" and "no".

(character limit...)