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te2009 · Feb 25, 2009, 08:38 AM

I actually have two questions. The first refers to a possible error in the complaint. It states that my incurred indebtedness has been ongoing for the past SIX years. That would mean I have had this credit card since 2003. I still have this card in my possession and it shows that I have been a cardmember since 2005 and it expired 09/08. Does this make the complaint invalid? My second question is about the amount that they are suing me for. There are two paragraphs which have the same content except one refers to the "FIRST CAUSE OF ACTION" and the other refers to the "SECOND CAUSE OF ACTION". They both state that the plaintiff demands judgment against me for the sum of $5137.44 with interest from 1/3/09 plus costs and disbursments of the action. Does this mean they are suing me for over $10,000? Please help!!

JudyKayTee · Feb 26, 2009, 08:17 AM

Originally Posted by te2009

I actually have two questions. The first refers to a possible error in the complaint. It states that my incurred indebtedness has been ongoing for the past SIX years. That would mean I have had this credit card since 2003. I still have this card in my possession and it shows that I have been a cardmember since 2005 and it expired 09/08. Does this make the complaint invalid? My second question is about the amount that they are suing me for. There are two paragraphs which have the same exact content except one refers to the "FIRST CAUSE OF ACTION" and the other refers to the "SECOND CAUSE OF ACTION". They both state that the plaintiff demands judgment against me for the sum of $5137.44 with interest from 1/3/09 plus costs and disbursments of the action. Does this mean they are suing me for over $10,000?! Please help!!!

You can argue the date of indebtedness if you would like but it's not a material error and can be easily corrected by amending the papers.

Without reading the actual Complaint it could be either - two causes of action, each for $5,137.44 OR one cause, two Statutes to cover all the bases. You know how much you owe them - which category fits the situation?

For example - the first cause might be failure to pay and the second might be failure to pay plus fraud. Hard to know.

What is your defense to the action?