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    mellow8439's Avatar
    mellow8439 Posts: 1, Reputation: 1
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    #1

    Dec 28, 2009, 12:04 PM
    Credit card suit
    My cousin got sued for $5,000.00 by a debt collection law firm. It was filed at the superior court. According to the court clerk, superior court handles cases with a claim of over $15,000.00. This current case should have been filed under magistrate court. Am I correct? Should my cousin file a motion to dismiss because of lack of jurisdiction? What should he do?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Dec 29, 2009, 04:16 PM

    In my State - NY - the Court will not take a case which is under its limit. Are you certain that with interest and legal fees it isn't over $15,000? If in fact you are correct, file a motion to dismiss.

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