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About ttwettlaufer

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  1. Thanks everyone! Debtzapper, the wife was all worried and then relaxed after she found out how easy this was. That being said, I don't know if she would want to pursue it.
  2. FYI, for everybody that helped us. We got the case dismissed with prejudice. As I had anticipated, the lawyer for midland wanted to discuss the case. So, we went into the hall and he was not only polite, but also didn't seem to care whether he won or lost the case. We stated that this was not the wife's account and that I don't allow credit cards in the house. I also stated that this account shows a last activity date of 2006, to which he responded, "hmm, my date shows 2007" so that would be in the time limit for "breach of contract". To that I said, "true, but do you have "ANY" documentatio
  3. Racecar, thanks, if I understand that correctly, our answer to the summons/complaint, is all we need to start with (which we have done). Also, the plaintiff may try to reach an agreement before the trial (I am guessing at the courthouse) thanks
  4. Racecar, it's small claims court. I just wanted to provide everyone as much useful information as possible. We will go with the SOL as our primary defense. If that's not enough, the I would challenge the plaintiff to provide anything that would show that there is indeed a full account number and is in fact a citibank number. then I would also challenge the validity of the account being associated with the wife. since she has never owned a citibank credit card as they claim. I don't really think this will go to far since the information that I have supplied is the only information (other than n
  5. Next, Second Cause of Action - Money had and received 13. In the alternative, and without waiving the foregoing, Defendant received and used (or authorized the use of) the credit card knowing that the Issuer expected to be repaid for all charges incurred with the card, together with interest thereon. With each use of the credit card the Issuer paid money on Defendant's behalf to the merchant with whom the credit card was used. Defendant is liable for repayment of such sums under the doctrine of money had and received. Plaintiff is the assignee of the Issuer's right to be repaid by the defen
  6. continuing on..... First Cause of Action - Breach of contract 9. The issuance of a credit card constitutes the offer of a contract. Use of a credit card constitutes acceptance of the terms of the credit card agreement. The issuance of the credit card constitutes an offer of credit, and the use of the credit card constitutes the acceptance of the offer of credit. 10. By using and/or authorizing the use of the credit card, Defendant(s) accepted the contract with the Issuer and became bound to pay for all charges incurred. Defendant(s) also became subject to all of the terms and conditions
  7. Ok, so here are the "facts" in the complaint from midland.. 3. CITIBANK ("issuer") issued a credit card to Defendants(s) under its account number XXXX-XXXX-XXXX-5996. Defendant(s) received and used the card and thereby became obligated to pay for the charges incurred with the card. 4. Defendant(s) defaulted on the obligation to make monthly payments on the credit card account. The entire balance on the credit card is presently due and payable in full. 5. The account was assigned to the Plaintiff, who has the right to bring this action. 6. The issuer mailed to Defendant(s), monthly bi
  8. Flyerfan, also, I would assume that there should be some way to associate the account number in the summons and the account number on the credit report?
  9. Flyerfan, I will certainly attack the SOL as best as I can. but, I will also do my best to point out that we haven't had a credit card in years, let alone a citibank credit card. I would pursue the identity theft angle, but the wife did't have enough credit a few years ago to get a credit card, let alone a citibank card, especially with a $1000+/- limit. I would assume that since this is small claims court, there will be a lot less formality than some of the cases I have read that are in a federal or appeals court?
  10. Ok, for those of you keeping an eye on this one. I just made an important discovery. Midland "claims" a CITIBANK credit card right? Doing some research shows that all credit cards first 6 digits are the identification number which shows the issuer and all credit cards issued by "banks or financial institutions" start those first 6 digits with either 40-49 or 50-58, however this account number starts with 85, which is not a valid credit card number!! thanks.
  11. FYI, for everyone, Even if I don't (for some reason) get out of this issue by the SOL. They can't prove anything on the account itself. the complaint says "CITIBANK" credit card - XXXX-XXXX-XXXX-5996 but the credit report says - 8538-62XX-XX (10 possible digits) (of course the report doesn't show any "-") Can anybody tell me this..... 1. can you honestly get a citibank credit card account from any of that information? 2. can you establish that either of those sets of numbers belong to each other? 3. can you establish any possible connection betwee
  12. For those that are interested, the summons is laughable and I will try to put everything but the (PII) personally identifiable information on this forum. Even though I believe this becomes public after the trial?
  13. Flyerfan, you are correct, they didn't file until 4/42013. Linda7, I just re-read the summons and I don't actually see the words "summary judgement", they seem to just be asking for a "judgement" in their favor. I don't have time to do right now but I think that in the best interest of everyone in the world, I will violate my own (never put it on the web) rule and place an edited copy of most of the information contained in the summons.
  14. LInda7, the link you gave me for "Please critique Opposition to Summary Judgment" is almost identical to what I need. Is there any way I can re-write that to fit the wife's case?
  15. Linda7, also, the only thing that has been (as yet) submitted to the clerk by the plaintiff is a summons, stating breach of contract, money had and served and account stated. there is NO other information provided. No documents showing dates, signatures, no billing statements, nothing. I just don't see how they can be expecting anything other than a default judgement and they don't seem to be prepared for anything more.