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    adgkc's Avatar
    adgkc Posts: 4, Reputation: 1
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    #1

    Sep 23, 2010, 06:53 AM
    My creditor has asked for a judgment on a debt
    I have advertised with them for years and long story short they never responded to me asking for an indepth accounting of my payments. They supplied a copy of my account history but it is inaccurate and I have proof . They have an attorney asking for a judgment today and I have court. My proof is that on at least two payments they show the check number of 1155 and an amount of 442 although I have a copy of the cashed check which was for 890. My question is can I ask the court today to dismiss the case since they don't have enough proof?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Sep 23, 2010, 07:14 AM

    Sure, you can ask the Court for any relief based on your proof.

    Is the claim for just that amount or a larger amount and you are questioning this particular payment? If so, you have a defense only concerning this particular amount of money.

    Have you been sued?
    adgkc's Avatar
    adgkc Posts: 4, Reputation: 1
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    #3

    Sep 23, 2010, 08:06 AM
    The claim is for a larger amount. They have a copy of the contract without a signature as exhibit B stating that it is genuine and all it says on signature line is see fax.
    adgkc's Avatar
    adgkc Posts: 4, Reputation: 1
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    #4

    Sep 23, 2010, 08:07 AM
    Comment on JudyKayTee's post
    The claim is for a larger amount. They have a copy of the contract without a signature as exhibit B stating that it is genuine and all it says on signature line is see fax
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #5

    Sep 23, 2010, 08:28 AM

    Then you present your proof and get that dollar amount removed from the claim. One "mistake" does not negate the entire claim.
    adgkc's Avatar
    adgkc Posts: 4, Reputation: 1
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    #6

    Sep 23, 2010, 09:30 AM
    Comment on JudyKayTee's post
    Yes I have been sued, I just left court and the Judge set a pre-trial hearing.
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