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    rayr's Avatar
    rayr Posts: 11, Reputation: 0
    New Member
     
    #1

    Feb 16, 2009, 10:02 AM
    Sued by Credit Card but summons shows a zero balance being asked for.
    I was recently served a summons for a CC debt and am preparing a response. The summons lists my outstanding balance as $0.00 on all pages including the ones stamped by the court. The only amount listed is the court fees of $105. It basically says $0 on each page on the amount being entered.

    I know this sounds crazy - but did the law firm issuing this screw up big time in my favor?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Feb 16, 2009, 10:07 AM

    It's a mistake but it can and probably will be corrected by submitting corrected papers.

    I'm always amazed when something like this goes through the system and no one notices, but it does happen.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #3

    Feb 16, 2009, 12:06 PM

    Did you settle this debt previously? You may have paid the balance but didn't pay the fees. Or it could be an error on the part of the plaintiff.
    Lowtax4eva's Avatar
    Lowtax4eva Posts: 2,467, Reputation: 190
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    #4

    Feb 16, 2009, 01:26 PM

    Yeah, exactly what I was thinking... maybe you paid the balance due at the last minute but they already processed the papers to sue and want that $105 court fee.

    Or it's a typo... you should know, do you actually owe any balance on the credit card?
    rayr's Avatar
    rayr Posts: 11, Reputation: 0
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    #5

    Feb 16, 2009, 05:28 PM
    Quote Originally Posted by ScottGem View Post
    Did you settle this debt previously? You may have paid the balance but didn't pay the fees. Or it could be an error on the part of the plaintiff.

    No - I did not pay the balance... the last bill I received several months back was over 7k. It is an error on the plaintiff. It's funny because according to the summons it only says I owe $105. I am sure there is a way for the plaintiff not to be held to this but was hoping that I could leverage this a bit.
    rayr's Avatar
    rayr Posts: 11, Reputation: 0
    New Member
     
    #6

    Feb 16, 2009, 05:28 PM
    Quote Originally Posted by Lowtax4eva View Post
    Yeah, exactly what I was thinking... maybe you paid the balance due at the last minute but they already processed the papers to sue and want that $105 court fee.

    Or it's a typo.... you should know, do you actually owe any balance on the credit card?
    See above

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