Unsigned complaint...any way to fix?

[bcubed]

What is the name of your state (only U.S. law)? Pennsylvania

I'm pursuing a pro-se Med Mal case in arbitration court. I already have served all parties and have a hearing date on Pearl Harbor day.

Upon perusing the filed Complaint, I noticed the following problems:

1. I referred to one defendant as "Lynne XXXXX," when her name actually is "Lynn XXXXX."
2. Exactly one time in the Complaint, I mistakenly referred to myself as "defendant," not "plaintiff." (All the other times were OK.)
3. When I filed it, I failed to include the "S/" that indicates the following typed name is meant to be taken as a signature.

Is there any way to fix these errors, short of non-suit and re-file? That's expensive!

 

[barry1817]

law suit

What is the name of your state (only U.S. law)? Pennsylvania

I'm pursuing a pro-se Med Mal case in arbitration court. I already have served all parties and have a hearing date on Pearl Harbor day.

Upon perusing the filed Complaint, I noticed the following problems:

1. I referred to one defendant as "Lynne XXXXX," when her name actually is "Lynn XXXXX."
2. Exactly one time in the Complaint, I mistakenly referred to myself as "defendant," not "plaintiff." (All the other times were OK.)
3. When I filed it, I failed to include the "S/" that indicates the following typed name is meant to be taken as a signature.

Is there any way to fix these errors, short of non-suit and re-file? That's expensive!

If you didn't call the defendant the right name, you are evidently suing the wrong person. You could sue yourself for legal malpractice. But I have seen cases where the attorney was calling a person the wrong name, and it did not go well for the attorney, because when you are wrong on the facts, you are wrong on the facts.

So, you admit that in your case you are both the defendant and the plaintiff, think that might cause a problem. You betcha.

You failed to include the "S/", so if a signature was needed the document wasn't signed, who's problem is that. If a document needs to be signed and it isn't, it probably can't be used. Sort of like needing an item notarized, and you file it without being notarized, it isn't accepted. Other side wins, you lose.

Sounds like from where I sit you are in over your head and the errors may or may not be very significant if the other side makes it an issue, and why shouldn't they just ask all to be dismissed and then seek to come after you for a frivilous legal action.

 

[barry1817]

follow up

What is the name of your state (only U.S. law)? Pennsylvania

I'm pursuing a pro-se Med Mal case in arbitration court. I already have served all parties and have a hearing date on Pearl Harbor day.

Upon perusing the filed Complaint, I noticed the following problems:

1. I referred to one defendant as "Lynne XXXXX," when her name actually is "Lynn XXXXX."
2. Exactly one time in the Complaint, I mistakenly referred to myself as "defendant," not "plaintiff." (All the other times were OK.)
3. When I filed it, I failed to include the "S/" that indicates the following typed name is meant to be taken as a signature.

Is there any way to fix these errors, short of non-suit and re-file? That's expensive!

I just had to add the problem with your post was well. Is Pearl Harbor Day the same as Dec. 7. Should a person have to research this day. Is this a legal holiday, that moves or is the same date each year. And why mention this as the date of your hearing when you could have used the actual date.

When one tries to get information and help, the narrative should be a clear as possible.

 

[Zigner]

Posting hx is a MUST for this one!

 

[ecmst12]

Yep. Typos in the complaint are the LEAST of his problems.

 

[lya]

Posting hx is a MUST for this one!

You can say that, again!

 

[bcubed]

So, is it or is it not possible to petition the court to allow me to retroactively sign the complaint?

I filed a complaint that is technically unsigned. Surely I am not the first person in legal history to do so. There has to be a way to remedy this...that is being withheld for reasons yet obscure.

I am uncertain why, when I post a legal question, at a forum extant for the *explicit purpose* of answering legal questions, mean-spirited sniping is seen as an adequate substitute for help?

(Before posting, I considered the distinct possibility that personal antipathy might trump a desire to help. I wanted to "go through the motions," to at least afford you the opportunity to be better people than that. Well, that opportunity HAS been extended.)

 

[justalayman]

bcubed;2656399]So, is it or is it not possible to petition the court to allow me to retroactively sign the complaint?

why would you want an incorrect complaint to be taken seriously?

 

[ecmst12]

You keep asking high-level procedural questions. The kind of thing MOST of the posters here don't know. And the kind of things you should have researched for yourself before you even considered going into court pro se. Don't be surprised when no one knows the answer.

You also continue to violate the rules of this forum by posting a new thread for every question, hoping people won't look up your history.

 

[justalayman]

Holy cow!!!


https://forum.freeadvice.com/search.php?searchid=2998925

 

[bcubed]

You keep asking high-level procedural questions...Don't be surprised when no one knows the answer

Well, ecmst12, I am asking exclusively procedural questions now, as you have already opined (ad nauseum) upon the merits of my case. As further arguing of same is pointless, I am confining myself exclusively to asking questions of procedure, in a generic manner as possible, so that any concerns re: merits would be moot.

Also, it should be patent I do not desire to "obscure my posting history." If I desired an a priori consideration of my case, it would be far more effacious to merely create a new user ID.

why would you want an incorrect complaint to be taken seriously?

Do you mean procedurally incorrect, or incorrect on averments of fact? If the latter, I might humbly posit that you are not in possession of sufficient knowledge of the facts to render such an opinion credibly.

 

[Proserpina]

Well, ecmst12, I am asking exclusively procedural questions now, as you have already opined (ad nauseum) upon the merits of my case. As further arguing of same is pointless, I am confining myself exclusively to asking questions of procedure, in a generic manner as possible, so that any concerns re: merits would be moot.

Also, it should be patent I do not desire to "obscure my posting history." If I desired an a priori consideration of my case, it would be far more effacious to merely create a new user ID.



Do you mean procedurally incorrect, or incorrect on averments of fact? If the latter, I might humbly posit that you are not in possession of sufficient knowledge of the facts to render such an opinion credibly.

You are in way over your head.

This is obvious by both this thread and the string of posts you have made.

But, once again, I expect to eventually encounter the OG Effect.

 

[barry1817]

your case

So, is it or is it not possible to petition the court to allow me to retroactively sign the complaint?

I filed a complaint that is technically unsigned. Surely I am not the first person in legal history to do so. There has to be a way to remedy this...that is being withheld for reasons yet obscure.

I am uncertain why, when I post a legal question, at a forum extant for the *explicit purpose* of answering legal questions, mean-spirited sniping is seen as an adequate substitute for help?

(Before posting, I considered the distinct possibility that personal antipathy might trump a desire to help. I wanted to "go through the motions," to at least afford you the opportunity to be better people than that. Well, that opportunity HAS been extended.)

If you don't think that signature, or mistakes are a problem I would refer you to the divorce trial of the McCourts. The owners of the Dodgers. High powered lawyers arguing over a single word, and as to mistake, one lawyer because of a mistake, may be looking at license sanctions, and the possiblity of a legal claim against him in the 7 figures.

In law, the words matter, the names matter, and the failure to be accurate matters..

 

[ecmst12]

And you'd think that, knowing what he was going to be up against in court, he would have double and triple checked the complaint before filling to make sure it was absolutely flawless...

 

[lya]

IAAL would have stated in some manner that the OP should have purchased a book on legal procedure and followed the instructions to the letter. Then, he would have chuckled.

This guy is going to lose and going to lose big. Even if the court lets the unsigned and otherwise screwed-up paperwork slide through to the courtroom, I doubt the OP makes it through opening statements before the defense has the case thrown out of court (with prejudice) and includes a request that the OP be assigned legal costs and expenses for the defense and of such $ that the OP never considers filing a pro se action, again.

The OP is wasting his money and time, the court's time, the defense's time and money, and on and on.

The defense is not going to let any breach of legal procedure slide through the cracks and the defense is not going to let the OP gain one inch of ground.

It's like a midget league football team's challenging the Pittsburg Steelers to a REAL game. There's gonna be little oily spots all over the field and no other sign of the midget league players.