On Feb 8, 2007, I filed my first federal case. On Feb 9, 2007, I sent the defendants the 'defendant's copies' of the complaint, two copies of the AO399 form, and the self-addressed stamped envelope per FRCP 4; to each defendant, CMRRR (and CMRRR RD to the two named defendants). On Feb 20, 2007, and Mar 8, 2007, the defendant's continued to violate. Now, I need to amend the complaint to add the additional counts... I just want to make sure that there's a need for a Motion To Amend, because they haven't responded to the suit, yet; or how to word a Motion to Amend.
You don't amend the complaint - you file another suit, while filing a Motion for Default Judgment on the first suit.
Well, they have until the 9th of April to return the AO399 waiving service (and saving them the costs of me having someone drive or fly from PA to FL)
If this is an FCRA suit, are you suing them in their jurisdiction, or in yours as permitted by FCRA: "§ 618..Jurisdiction of courts;limitation of actions [15 U.S.C.§ 1681p ] An action to enforce any liability created under this title may be brought in any appropriate United States district court,without regard to the amount in controversy,or in any other court of competent jurisdiction,..." FCRA violations "occur" where the consumer resides. Or is the travel issue about depositions?
It's FCRA; filed in my jurisdiction, but if they don't fill out the AO399 waiving personal service; then they have to be personally served based on the FRCP 4... But then they're responsible for the costs of service. http://www.law.cornell.edu/rules/frcp/Rule4.htm (c) requires personal service by a third party. (d) provides for the use of a form to 'serve' them with the suit to waive the costs of being served personally. I just spent the time to amend the NME suit to include the most recent solicitations.
