If I’m being sued for 4k but they were paid 2k after the suit was filed, do they need to amend the suit to small claims?

We have not seen a judge yet.

Asked on November 26, 2011 under Bankruptcy Law, Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

No, they do not need to amend their complaint if you have made partial payments on the debt. However, they can't collect more than the total damages to which they are entitled, and any amounts you have paid will be credited against what you owe.  Make sure that you have documentation of your payments and bring them to court.


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