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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Dismissal for an incorrect amount is not valid grounds. However you left a lot of information out that could help us help you. You need to answer the list of questions below. There are many ways to get them to dismiss their case or better yet pay you money out of their pocket.

 

1. Who is the named plaintiff in the suit?

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)

3. How much are you being sued for?

4. Who is the original creditor? (if not the Plaintiff)

5. How do you know you are being sued? (You were served, right?)

6. How were you served? (Mail, In person, Notice on door)

7. Was the service legal as required by your state?

Process Service Requirements by State - Summons Complaint

8. What was your correspondence (if any) with the people suing you before you think you were being sued?

9. What state and county do you live in?

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)

11. What is the SOL on the debt? To find out:

Statute of Limitations on Debts

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or B) looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)

14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late.

15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit?

Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.

17. Read this article:

Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

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Just like the last time you asked this question, NO you can't get it dismissed for the wrong amount because there are lot of other facts that go into what they are suing you for, such, cost, interest, and attorney fees. 

 

And like I told a few days ago when you asked, it would be a huge error anyway to haggle over the amount because then you are conceding to almost all of their claims but just saying you don't agree with the amount, not that you owe them.

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This will be in Special Civil, the lower part, which is liike small claims. You don't get to conduct discovery, but you may be able to ask for a more definite statement. If the amount listed in the complaint is different from the evidence they provided, you have a right to an explanation.

 

http://www.judiciary.state.nj.us/civil/civ-03.htm

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