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How to supplement an opposition?


MikeNes
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So the OC I'm up against filed an MSJ in court for which I've filed an opposition but yesterday I received a letter from the OC saying that they calculated my bill incorrectly and that I'm due a credit for a portion of the bill (which obviously invalidates the amount they're going after in the MSJ). 

 

Based on this new evidence, can I file an amended opposition and included the plaintiff's letter?  Do I need to restate everything in my original opposition or can I just say that this is an amended version based on new evidence (provided by the plaintiff themselves)? 

 

I just want to make sure the evidence gets in there in case I lose and have to file an appeal.  Thanks

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Oh and 1 more thing, I had previously filed my own MSJ (in my favor) which the court denied.  With this new information, not that it's probably going to matter, can i file it again?  It's been about 90 days since my motion was denied so I can't do a motion to reconsider which was why I was wondering if I could do another MSJ just based off this new evidence.  Thanks

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So the OC I'm up against filed an MSJ in court for which I've filed an opposition but yesterday I received a letter from the OC saying that they calculated my bill incorrectly and that I'm due a credit for a portion of the bill (which obviously invalidates the amount they're going after in the MSJ). 

 

Based on this new evidence, can I file an amended opposition and included the plaintiff's letter?  Do I need to restate everything in my original opposition or can I just say that this is an amended version based on new evidence (provided by the plaintiff themselves)? 

 

I just want to make sure the evidence gets in there in case I lose and have to file an appeal.  Thanks

 

 

 

     Not only would it invalidate the amount for the MSJ, it would invalidate the amount in the original Answer and the whole reason for both of you to be there in the first place.  

 

 

    Did they give you a reason why the number changed and how they calculated the new amount?   Because that's a powerful point of attack that they've graciously provided you with, if they can't even keep their numbers straight and will file for an improper amount of damages in a lawsuit, that casts aspersions on the rest of their "evidence."  

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The change does not have any effect on the motion filed. MSJ is not to determine how much you owe, just whether or not there are any issues of material fact which are unresolved and would require a trial. Obviously if they fessed up to a mistake, they won't be coming after the full amount if they win. Even if you bring this to the court's attention, all they would do is change the amount.  If you denied, the amount is in dispute anyway, so it doesn't matter how much they are looking for. If you lose, this would be post judgement stuff. Just keep the letter. They may even file an amendment with the court. They will document the credit, I doubt it's very much, did they say?

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The change does not have any effect on the motion filed. MSJ is not to determine how much you owe, just whether or not there are any issues of material fact which are unresolved and would require a trial. Obviously if they fessed up to a mistake, they won't be coming after the full amount if they win. Even if you bring this to the court's attention, all they would do is change the amount.  If you denied, the amount is in dispute anyway, so it doesn't matter how much they are looking for. If you lose, this would be post judgement stuff. Just keep the letter. They may even file an amendment with the court. They will document the credit, I doubt it's very much, did they say?

It's basically a few hundred dollars (original complaint was for around 12k).  The OC was AMEX and the recalculation was part of AMEX fessing up that they were charging incorrect amounts as part of their debt collection practices.

 

At this point, my thinking is that they've known about this for a while and they've failed to make any amended request to change the amount they're going after so in my mind I'm starting to think that this could be construed as fraud and a TILA violation.  I could be wrong but based on the letter and what they're still going after in court, it seems like they've violated TILA.

 

Anyone have any thoughts?

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