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BREAKTHROUGH!!!!! Found a hole that CACH walked into!

Date: Tue, 02/12/2008 - 22:13

Submitted by dan.benge
on Tue, 02/12/2008 - 22:13

Posts: 15 Credits: [Donate]

Total Replies: 4


This letter to the court says it all... :)

Thanks for all your help! I'm going to win this one!



Quote:
Good Day,

I just wanted to point out a rule in the Rules for Magistrate Court of Fulton County.

IV. PREPARATION OF FORMS (PROCESS FORMS)

Persons filing suits shall complete the forms for process for the original and all copies of the action using the forms provided by the clerk. This shall include the filling in on the original process form the complete names and addresses of all parties, plaintiff and defendant, the name, address and telephone number of the plaintiff or the plaintiff's attorney, and insertion where appropriate of the information as to the principal amount sued for, the amount of interest demanded (if any), the amount of attorney fees demanded (if any), a brief explanation of why the suit is being filed and the type of suit (account, contract, note, tort, etc.). If interest is sued for, it must be set forth as a separate item and may not be included as a lump sum with the principal.


The complaint only included a principal amount and no mention of interest or fees. So according to this rule, the plaintiff’s complaint is claiming that $xx is the original I borrowed from Amazon.com.

My Amazon.com purchase history shows that I only made one purchase using an Amazon.com credit account and the amount for that purchase was $xx. This is taken directly from the online store they claim to be collecting for. This is significantly lower than what they are asking for.


So even if this went into discovery, the plaintiff would have no other choice than to concede or contradict the original complaint. Anything above $788.53 cannot be principal if they are claiming what I owe is from Amazon.com. My evidence is taken directly from the Amazon.com web site in which the Plaintiff claims he is collecting for. While I’ve offered my entire purchase history directly from the source of the debt, the Plaintiff has offered nothing but the original complaint that was filed.

So I ask the court in the most humblest way I know how, please reconsider the judgment of the principal of $1616.38 since there is reasonable doubt as to the validity of this amount.

Sincerely,


I'll definitely be suing for fdcpa violations as well...they have technically misrepresented what I owe and now I have fuel to back it up.


I LOVE HEARING STUFF LIKE THIS,YES DO KEEP US POSTED AND GO GET THEM. :D 8)


lrhall41

Submitted by paulmergel on Wed, 02/13/2008 - 07:27

( Posts: 15514 | Credits: )