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Credit help in dismissing case

Discussion in 'Consumer Fraud & Scams' started by Purge07, Jul 25, 2019.

  1. Purge07

    Purge07 Law Topic Starter New Member

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    I was wondering what I would say in court to get a case dismissed due to a piece of evidence that is completely doctored and a false representation.

    Such as obstruction of justice and waste of courts time in regards to the case. The item is question is severely altered by the company trying to sue and is inaccurate.
     
  2. justblue

    justblue Well-Known Member

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    You should ask the attorney you seem to desperately need.
     
  3. Zigner

    Zigner Well-Known Member

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    What US state?
    You will need to properly and effectively refute the evidence they present.
     
  4. Purge07

    Purge07 Law Topic Starter New Member

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    Illinois
     
  5. Zigner

    Zigner Well-Known Member

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    There are no magic words that anyone can give you. Go in and show that the evidence is not correct. You will need your own evidence to present your side of things.
     
  6. Zigner

    Zigner Well-Known Member

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    Also, you may wish to speak to an attorney. If you don't know what you're doing in court (and you don't), then you're going to be (effectively) stifled.
     
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  7. Zigner

    Zigner Well-Known Member

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    On the other forum you posted this question to, you were very clear that you knew you owed money and you were complaining about a discrepancy of $60 between two documents. As you were told there, your biggest problem is that you know you owe money, you just disagree on the amount.
     
  8. Purge07

    Purge07 Law Topic Starter New Member

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    I’m not sure why so much negativity on these forums. They are meant to help people. At least thank you zigner for some information, but please be a little more nicer as people need help on the forums.
     
  9. Zigner

    Zigner Well-Known Member

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    I will be more nicer.
     
  10. Purge07

    Purge07 Law Topic Starter New Member

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  11. zddoodah

    zddoodah Well-Known Member

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    For starters, just because one piece of evidence is "completely doctored and a false representation" doesn't necessarily mean the entire case should be dismissed. And, obviously, without any context whatsoever, there's no way to know if that would be the proper result or what you might be able to do even to get that piece of evidence excluded (other than by offering your own evidence to prove your assertion that the evidence is "completely doctored," etc., which should be so obvious as to go without saying).

    Care to provide some context?
     
  12. Purge07

    Purge07 Law Topic Starter New Member

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    I omitted my personal info.
     

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  13. Zigner

    Zigner Well-Known Member

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    What else ya got? Because that ain't evidence of "doctoring" or "false representation".
     
  14. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    As I mentioned on the other forum, there are many reason dates could be different as well as totals. I am pretty sure that I also mentioned that this sort of things isn't going to get your case dismissed.

    You can continue going forum to forum and asking the same question. In doing so you may even find someone willing to tell you sure that will get the case dismissed. That advice is not going to help you when you file the motion to dismiss.
     
  15. zddoodah

    zddoodah Well-Known Member

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    Not sure what we're supposed to deduce from those documents other than that a credit card issuer claims you owe $2,650.63.
     
  16. Purge07

    Purge07 Law Topic Starter New Member

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    The email for that statement shows. Fixed image.

    Bottom one is the actual current balance for that period. Top one is the actual previous balance. Plus their statement also does not show payment. Also, this forum only allows 5 posts in 24 hours.

    No payment applied on statement.

    Besides the amounts, the words overlap each other on payment due as of September 15, 2018. And on payment part at bottom. Past due next to payment due, is of a smaller text pixel than the rest of that line. You can see it reflected in the p and d in the word past due on right side. Account ending on payment at bottom lists account 10817. At time of August statement my amount due supposed to say 515.00. Not 2,650. Previous balance is supposed to be 2,582.82. And as to 10187, saying it would still match to account ending, so would over a thousand to million accounts that could possibly have 10187 reflective as part of numbers in their accounts. Plus account ending on bottom part shows the numbers being typed up by a program as they are also a different text than that of the top and the 0 looks like someone first typed it and then tried to edit it leaving part of the 0 above the other.
     

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  17. Zigner

    Zigner Well-Known Member

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    None of that will get your case "thrown out". You can argue about the veracity of the evidence, but you should be asking for more information during discovery anyway.
     
  18. zddoodah

    zddoodah Well-Known Member

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    These are all documents created by your creditor, and none standing by itself is going to prove the case. Nor will any of this get your case dismissed.

    What is the current procedural posture of your case?
     
  19. Purge07

    Purge07 Law Topic Starter New Member

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    I haven’t made one yet as I only had a hearing to waive court fees due to income, and filed for appearance. Other than that, they do not need me to file anything else till a court date is determined due to the amount of the case.
     
  20. Purge07

    Purge07 Law Topic Starter New Member

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    But what if I subpoena information at beginning and what they also give is false representation as well?
     

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