I was served 29-Feb. The debt was for $220, which I had already paid prior to being sued (26-Feb they posted the check). The lawsuit was filed prior to the posting date of the check (20-Feb), but I was unaware until served with papers on the 29th. So, they are asking for an additional $230 in court costs and attorney's fees. I feel that since I paid before being served, and without knowing about the lawsuit, that I shouldn't have to pay the fees. Problem is, I have to do something by today (or tomorrow latest) or the court can enter a default judgement. So, my choices are: 1) Pay the additional money and walk away. 2) File something in court (though I don't know what), asking to dismiss the case based on having paid prior to being served. 3) Something else (suggestions?) Any comments would be helpful. Thanks.
File General Denial. That says "I deny everything and want a trial". Just removing it from the Default Judgement pile on a claim this small should get the OC to drop the case, especially when you serve their attorney with Discovery Motions. Run their legal bills through the roof, they should drop it completely. Interesting side though - did the attorney commit and FDCPA violations? If so, in addition to your General Denial you can also imterposte a counterclaim, and really drive their legal bills high.
I do recall that they called and said that I needed to start "Being Responsible", which I took as a character attack, and informed the person on the phone that it was a violation of my rights. But, I don't have documentation. How do I file a general denial?????? I know very little, and have to get it done today. Also, how do I find out if this is a general civil action versus a small claims action? Thanks, IHCFAN
Re: Re: help: i'm being sued $230 = small claims in most states I would think If you file counterclaims just sue for the maximum allowed in small claims court. The "pro se" clerk at the court will be able to help you file the right papers
$220 would be small claims court in most jurisdictions, but not all. Some require you to appear and generally deny everything in person. Others will accept a written response to the claim. Check with YOUR court, find out THEIR procedures and what they require in the form of an answer or an appearance. If you paid the debt after they filed, and depending on the filing fee, they can ask for that. But $230 bucks sounds like an unreasonable--read phony-- filing fee. Even here in Calif., a small claims filing fee is $22. If they argue that you should be liable for their process server fee, you could argue that their client had a duty to inform them that you had paid the debt. If your timeline is accurate, the OC received payment probably several days before the check cleared. Chances are, they received the check before the complaint was even filed. Don't pay a dime to anybody unless and until you contact the court clerk; file any necessary papers; appear if you have to; and wait until a judge orders you to pay anything, if at all. As far as a counterclaim, I wouldn't get too cute since the technicalities of everything rest in their favor. A reasonable judge would conclude that you paid and that there's no need for the lawsuit to go forward. But counterclaiming can place you in a position of disfavor with the court.
Re: Re: help: i'm being sued The summons will tell you whether you are being sued in Small Claims Court or Civil Court. In some states, corporations are not allowed to be plaintiffs in Small Claims Court. The Summons should contain instructions on how to file your answer. For some ideas on how you might word it, try this on: "As to all allegations contained in the Complaint, Defendant categorically denies each and every one of them." On www.artofcredit.com in the Essentials area I have posted some of the Pleadings I have used successfully. Check your Court rules, it would be a good idea for you to serve all pleadings on both the other side and on the Court.
