If I filed a lawsuit in small claims and won even though I had the corp name wrong but under the DBA had the correct legal name, is there any way to amend the “Complaint for Money Owed”?

Can I make an amendment before the case is heard, so that it won’t get thrown out on appeal in Dist. Court? Under appeal he will argue that I sued the wrong company.

Asked on October 27, 2015 under Business Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

With a small claims case, it's probably best to voluntarily dismiss this case and to refile it with the correct information: that's the surest way to make sure that it won't be dismissed for being filed against the wrong party. If you don't want to do that, ask the clerk of the court for the procedure to amend a small claims complaint, but be advised you may not be able to do so--typically, there are no motions in small claims court, but amending a complaint if done by motion.


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