Oshkosh, WI asked in Bankruptcy for Wisconsin

Q: So I am being sued for a debt the court ordered a itemization of the debt and they put the wrong date

They also have a discrepancy in what the original loan amount they said was with the court and what they reported to the credit beauru just wondering if I can file a motion to dismiss and if so what would the grounds be. I am not sure how to to continue to defend myself when they are not coming with facts. There are laws surrounding even private student loan rates etc and I can't make any math for the judge as he asked me to do once they provided a itemization of the debt ordered by him but now its just idk how to keep defending myself when this doesn't make sense how they can just come up with stuff out of nowhere and call it true

Related Topics:
2 Lawyer Answers
Timothy Denison
Timothy Denison
  • Bankruptcy Lawyer
  • Louisville, KY

A: Make a motion to dismiss and a motion to compel them to comply with the courts itemization order.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Bankruptcy Lawyer
  • Sacramento, CA

A: If the creditor provided incorrect information in their itemization of the debt, you may have grounds to challenge their claim. Filing a motion to dismiss could be appropriate if you can demonstrate that the discrepancies are material and not merely clerical errors.

In the motion, you would argue that the plaintiff has failed to state a claim upon which relief can be granted due to the inaccuracies in their accounting. It is crucial to detail the specific errors, such as the incorrect original loan amount and the differing dates, and explain how these errors undermine the validity of the creditor's claim.

It may also be beneficial to highlight any discrepancies with applicable laws regarding loan rates and calculations. It's advisable to gather all supporting evidence and to present a clear and factual argument to the court. In situations where legal intricacies are involved and the other party is not presenting accurate information, having legal representation could also be advantageous.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.