If I just got served papers for a small claims case and information on the paperwork is incorrect, do I have a case to fight it even if I do owe them a debt?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I just got served papers for a small claims case and information on the paperwork is incorrect, do I have a case to fight it even if I do owe them a debt?
Paperwork claims that on or about 10-01 of last year that I owed them $530.79. I have a letter from them dated 11-29 saying I owe $713.43 and have made payment to it up until 2 months ago when I had no money to send them. I had every intention of sending a payment on my next pay day but was served papers instead. The paperwork also says they made a bona fide effort to collect the claim. All they did was call my at work, at which time I asked them to please not call me at work and I could be contacted on my cell after 5 pm. I never heard from them again until i got served. Do I have a case to fight it?
Asked on August 28, 2012 under Bankruptcy Law, Oregon
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Okay let's start from the beginning. You need to respond to the summons regardless of what it says in it at this point in time. Now, once you answer with a "general denial" you are going to then raise "affirmative defenses" like failure to proerly serve you, accord and satisfaction. The clerk at the small claims window will help you. Bring all your payment reciepts and try and put them down on paper in chronological order. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.