1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

Credit help in dismissing case

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

  1. zddoodah

    zddoodah Well-Known Member

    Messages:
    4,874
    Likes Received:
    1,355
    Trophy Points:
    113

    Haven't made one what?

    This is a small claims case, correct?
     
  2. Purge07

    Purge07 Law Topic Starter New Member

    Messages:
    24
    Likes Received:
    0
    Trophy Points:
    1
    Yes it is. The procedure postural thing you are talking about whatever it is?
     
    Last edited: Jul 26, 2019
  3. Zigner

    Zigner Well-Known Member

    Messages:
    3,712
    Likes Received:
    1,978
    Trophy Points:
    113

    But what if the new information they give you is NOT "false representation", just like the documents currently in your possession?

    Saying it over and over again doesn't make it true.
     
  4. zddoodah

    zddoodah Well-Known Member

    Messages:
    4,874
    Likes Received:
    1,355
    Trophy Points:
    113

    "Procedural posture" refers to the status of your case. In other words, I'm asking what is the procedural status of your case?
     
  5. Purge07

    Purge07 Law Topic Starter New Member

    Messages:
    24
    Likes Received:
    0
    Trophy Points:
    1
    It hasn’t started yet. Payrollhr, I am asking for advice. A date has not been assigned yet for court appearance.
     
    Last edited: Jul 29, 2019
  6. PayrollHRGuy

    PayrollHRGuy Well-Known Member

    Messages:
    1,446
    Likes Received:
    719
    Trophy Points:
    113

    If it hasn't started yet there is nothing to dismiss.
     
  7. zddoodah

    zddoodah Well-Known Member

    Messages:
    4,874
    Likes Received:
    1,355
    Trophy Points:
    113

    Would have been nice to know this from the very start. If no lawsuit has been filed, then there's nothing to dismiss and no "evidence" yet. Every document that your creditor has generated is "fabricated" in the sense that it's a document that your creditor created.

    I'm quite at a loss at this point to understand what you're seeking out of this thread.
     
  8. Zigner

    Zigner Well-Known Member

    Messages:
    3,712
    Likes Received:
    1,978
    Trophy Points:
    113

    Ok, so you HAVE been served with a lawsuit? If you have, then the case HAS started.
     
  9. Purge07

    Purge07 Law Topic Starter New Member

    Messages:
    24
    Likes Received:
    0
    Trophy Points:
    1
    The only thing plaintiff did was submit the exhibit a to the court system attached to the summons. The document that was altered and incorrect. It hasn’t to the point of no court date yet for case.
     
  10. Zigner

    Zigner Well-Known Member

    Messages:
    3,712
    Likes Received:
    1,978
    Trophy Points:
    113

    So now prepare to present evidence to counter their evidence in court. I hope you've got something more than complaining about the appearance of the document.
     
  11. Purge07

    Purge07 Law Topic Starter New Member

    Messages:
    24
    Likes Received:
    0
    Trophy Points:
    1
    No but isn’t false representation a defense besides the defense of payments and dispute the amount of debt defense which I also have. With the proof of the actual amounts for the last years worth of balances.
     
  12. PayrollHRGuy

    PayrollHRGuy Well-Known Member

    Messages:
    1,446
    Likes Received:
    719
    Trophy Points:
    113

    If the plaintiff is submitting things to the court there must have been a lawsuit filed with the court.
     
  13. Zigner

    Zigner Well-Known Member

    Messages:
    3,712
    Likes Received:
    1,978
    Trophy Points:
    113

    ...and if the OP knows that those things were submitted, that means that he's been served.
     
  14. Zigner

    Zigner Well-Known Member

    Messages:
    3,712
    Likes Received:
    1,978
    Trophy Points:
    113

    Not in and of itself.
    Yes, that is what I've been talking about in your thread. You take the evidence you have of what the original balance is and what your payments have been, then factor in the interest and legal fees, and present that as your defense in court. If you can show that you've paid in full, then you win. If not, then you lose and it's simply a matter of what the actual balance due is.

    Nothing you have presented here indicates that you have grounds for a dismissal.
     
  15. Purge07

    Purge07 Law Topic Starter New Member

    Messages:
    24
    Likes Received:
    0
    Trophy Points:
    1
    According to payment defense: it states whether in full or a payment has been made and not registered.
     
  16. Zigner

    Zigner Well-Known Member

    Messages:
    3,712
    Likes Received:
    1,978
    Trophy Points:
    113

    AGAIN:
    If you can prove that payment in full was made, then you will win the suit.
    If you can prove that partial payment was made, then the amount they are awarded will be reduced.
    Neither allows for the case to be "dismissed".
     
  17. zddoodah

    zddoodah Well-Known Member

    Messages:
    4,874
    Likes Received:
    1,355
    Trophy Points:
    113

    You can't seem to make up your mind, can you? If the plaintiff is submitting things to the court, then your statement that "It hasn't started yet" is apparently untrue, which gets back to my question about the procedural posture of the case. What is the procedural posture of the case -- i.e., what is the status of the case?

    I have no real idea what these sentences mean (in fact, neither of these are complete sentences). You'll need to be far more articulate when writing documents that you submit to the court or in presenting your case.

    As I said before, every document prepared by the plaintiff is "fabricated" in the sense that it was created by the plaintiff. If you dispute the plaintiff's allegations about the balance due, then you'll presumably testify and offer other evidence to that effect, but none of this is going to get your case dismissed.

    I've completely lost track of what you're actually claiming, but if you believe you owe some amount -- even if it's not the amount claimed by the plaintiff -- then your efforts are probably best directed toward trying to settle the case.
     
  18. Zigner

    Zigner Well-Known Member

    Messages:
    3,712
    Likes Received:
    1,978
    Trophy Points:
    113

    The OP hopes that the crappy quality of the documents submitted will get the case dismissed.
     
  19. Purge07

    Purge07 Law Topic Starter New Member

    Messages:
    24
    Likes Received:
    0
    Trophy Points:
    1
    I filed for a request for documents, it’s almost half a week and no response from plaintiff yet.
     
  20. Zigner

    Zigner Well-Known Member

    Messages:
    3,712
    Likes Received:
    1,978
    Trophy Points:
    113

    What do you mean by "I filed for a request for documents"?
     

Share This Page