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piotrek04

Incorrect dollar amount $$$ being sued

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  1. I am being sued for $2,700 for one of the Citi Cards
  2. Plaintiff has already filed compliant with the court for this dollar amount.
  3. I did ask for validation of the debt.
  4. Plaintiff has sent me a copy of the statements for the last 6months from 2008 without any explanation how this 2700 amount was calculated.
  5. The highest balance on the latest statement of Citi accent was $750.
  6. Plaintiff has never provided how the $2,700 was calculated, just attached statements.

 

How can I dismiss this complaint?

Can I dismiss based on the incorrect $2,700 claimed amount?  If so, what is the law paragraph for this?

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You've posted in the wrong forum to receive legal aid.

Go to Is There A Lawyer In The House and click the black button titled 'Start a New Topic'.

 

In the topic you start, copy and paste these questions and then answer them.

This effort will allow more informed answers to your questions & concerns.

You've given far to little information; each case is defended in a different manner depending on whether you're being sued by a JDB (junk debt buyer) or an OC (original creditor).

 

I can tell you right now though, you won't get a dismissal based on dollar amount inconsistencies.

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Ok ..... this post hs been moved from it's original location into the correct forum.

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It's probably interest, late fees, other fees allowed under the contract, and attorney fees.  

 

But Savoir is right, you're not going to get it dismissed for this and really you would be shooting yourself in the foot making that argument.   If you argue about the amount you're basically admitting to the meat of their case and making it very simple for the other side. 

 

Dismissals are rare (at the start and filed as the next pleading) for anything other than statute of limitations or procedural grounds, and even more rare is a dismissal that can't be cured (fixed, like a procedural error or not attaching a document to the lawsuit).

 

Best to fight the entire lawsuit and not concede any part of it.

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This would be Special Civil, under 3 grand, so you get no discovery. This is basic small claims. Your answer is filed with a form, they are on line.

 

http://www.judiciary.state.nj.us/prose/

 

It should be .........  according to the rules ...........but,  I've seen cases filed in District Court under $1200.00

We'll have to rely on the OP to clarify

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It's probably interest, late fees, other fees allowed under the contract, and attorney fees.  

 

But Savoir is right, you're not going to get it dismissed for this and really you would be shooting yourself in the foot making that argument.   If you argue about the amount you're basically admitting to the meat of their case and making it very simple for the other side. 

 

Dismissals are rare (at the start and filed as the next pleading) for anything other than statute of limitations or procedural grounds, and even more rare is a dismissal that can't be cured (fixed, like a procedural error or not attaching a document to the lawsuit).

 

Best to fight the entire lawsuit and not concede any part of it.

And we all know they add all this crap on, but if they can not produce the contract that states they can add this crap to the balance they can not prevail on this. And i know Coltfan knows this, but does the OP?

 

Since they provided a few statements from 2008 they opened up a can of worms, you now need to bring attention to the court, and since you can not have discovery, do by motion in court either verbally or on paper. You should challenge the fact that they can only provide 6 months of statements and that is insufficient to prove the alleged balance. In order for the balance to be proved there needs to be an accounting from a zero balance until the date they alleged you stop paying.

 

A dismissal over the alleged balance won't happen. To start with who is suing you, the OC a collection agency or a jdb?

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Another way to run them off is to consider going for arbitration. For this amount you may get rid of them. Read all about Arb with Linda7's threads on arb.

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