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HELPPPP!!! okay, ill try to keep this short and detailed! Accident occurred 2 years ago. Insurance adjuster insists I am the 100% responsible party. I disagree. I had several conversations with the insurance adjuster and got her to "reduce the total cost by 15% for possible lack of attention and possible speed being a factor for the other driver". After I got her to admit that much, I knew I had to stick to my guns and not agree to take 100% responsibility. Fast forward to not being able to afford a lawyer (I have 3 small kids, 2 working parents, cost of living is through the roof in NH there was very little wiggle room in our budget) and not being able to find anyone willing to accept pro-bono once hearing the details, I was left to fend for myself. Now here we are 2 years later and I have finally received notice that the lawyer representing the original insurance company has filed in small claims court HERE IS THE KICKER! the paperwork I received states I owe $92,226.75 + filing fees of $145.00 bringing the total to $92,371.75?!?!?!? WHAT IN THE %^#%#$ the original amount back in 2016 was a little over $10,000 After speaking with a representative at the law firm, she confirmed it was in fact a typo. The actual amount should say $9,226.75 HERE IS THE QUESTION! Can I get this whole thing dropped because of this typo???? Small claims court is only supposed to accept charges up to $10,000...... what can I do?!?!?! any help appreciated! TIA
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- nh
- new hampshire
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NH Small Claims suit brought by Midland Funding LLC. I can;t find a lot from NH for small claims This was a Synchrony/Amazon card and the amount being sued for is $2,995.08. There were absolutely zero documents attached to the complaint - how is that possible? I was served by mail (that's how they do it for small claims). I think I might be able to win this but the Rules of Evidence don't apply in small claims and and I am confused as exactly what this means. How am I suppose to know what Midland has for proof of ownership of debt/standing to sue me? Is this a normal thing for them to do? I would think that when I show up that I would be allowed to review what they have? I have to respond, and I will deny, but because I have no idea what they have, I am not sure if I should just file for arbitration or take the chance and ask for trial? I'm confused by the lack of any documents! I want to wait to file until the day before it's due to give more time to prepare. The complaint states: Plaintiff is the successor to the original creditor for the account described in the Statement of Consumer Debt. After the defendant established and used the account, the creditor sent statements of activity and balance. Defendant failed to pay the stated amount. Plaintiff sues upon account stated to recover the outstanding balance. The Statement of Debt reads: Statement of Consumer Debt: Basis for this Statement: Information provided by my client Basic information for cases arising from the extension of consumer credit: Account number: last 4 Date of last payment: July 2014 (within the NH SOL of 3 years) Amount of last payment: $70.00 I did receive notice from law firm in November 2016, that they were hired to collect on behalf of Midland. I sent a debt validation; no response other than to be served with Small Claims suit. Thank you, very much!
- 68 replies
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- nh
- new hampshire
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