can a person actually recover or get credit for overpayment of a court order.?

3

3xs/tss

New member
If the courts were told by opposing side that a monthly premium was $250.00, with no statements or documentation submitted, and the court ordered me to pay this amount. Now after several years I have found enough evidence to show that the $250.00 is double the actual premium. If I was to file motions in court and prove this is true, can I be credited for all these years of over billing by the opposing side?
 
You most certainly can recover. You either have to make a motion to restore the case (which presumably is off the calendar) or you should commence a plenary action either in Civil or Supreme court (depending on how much money is involved) by Order to Show Cause. You must attach all previous proceedings as exhibits as well as all the documentation in support.
 
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