Will a plaintiff have to re-file if a continuance was grantedbecaus ethey filed the wrong evidence against the defendant?

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Will a plaintiff have to re-file if a continuance was grantedbecaus ethey filed the wrong evidence against the defendant?

a law suite against us was filed claiming unpaid rent and damages to the apartment. They filed our lease and attached a letter of notices of damages (which we never received) that had a different name/ date of move out/ and apartment number. They were suing us for an amount of money that was stated on the other person’s letter of damages. In court they produced documents that we were not aware of. Court granted a continuance. Will plaintiff have to re-file with the court and reserve us? Will we get a copy of the new letter of damages? How does this work?

Asked on October 20, 2011 under Real Estate Law, New Mexico

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the court granted a continuance with respect to the trial date and court appearance that you were at, based from what you wrote, the court is giving the plaintiff an opportunity to clean up the allegations that he or she is making against you due to the fact that there are apparent inconsistencies plead compared with the attached documents. The court seems to be allowing the plaintiff to get their claims in order against you due to the continuance.

You need to write the plaintiff concerning your inquiries and the need for a new letter of damages sought against you. Sooner or later the claimed damages will need to be provided to you, either in court the next time you show of before.

At the next court hearing, the plaintiff will either dismiss the action against you or proceed to trial.

Good luck.

 


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