- 1). Locate a copy of your original lawsuit complaint and the default judgment entered document. Make a photocopy of both on a photocopy machine.
- 2). Ask your attorney to fill out a motion request to amend the original complaint on the case you had a judgment entered but that is now dismissed. Attach a new complaint titled "Amended Complaint" as the complaint for the now-active lawsuit. The amended complaint will replace the old one completely, if approved by the court. Attach copies of the original complaint and default judgment.
- 3). Ask your attorney to file the motion and attachments with your local court that originally heard the issue and confirmed the default judgment in the case. Pay the motion filing fees by a method accepted by the court clerk's office. Wait for the motion to be reviewed and for a hearing to be set.
- 4). Attend the hearing. Have your attorney explain to the judge why the motion is justified and the complaint used in the default judgment should be entered. Explain that the judgment should still stand but the added detail in the amended complaint needs to be approved.
- 5). Wait for a decision if the judge does not decide on the motion in the hearing. Proceed forward with the lawsuit and the discovery process once you receive the court's decision on the motion.
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