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Old 01-30-2010, 04:27 PM
independentgal independentgal is offline
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As long as you are sure it is a straight mathematical addition mistake, and there can be no other interpretation, then bring a motion to get it fixed.

If you bring a motion, the other party has up to the motion date to agree to settle the relief you are requesting in your motion. If the other party does not agree to pay back the money in an acceptable manner then you should go to the motion and you should win the motion including your costs. The other side would have to serve and file a responding affidavit to your claims in your supporting affidavit to your motion. There really is no defense to the math error so you should win what you were asking for with costs.

I say bring the motion, but make it for a motion day two or three weeks ahead of time so that you give the other side time to agree and find a way to pay it back.
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