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About SuedByCapOneHelp

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  1. What would happen if i was to elect arbitration? Do i pay a fee up front? Never done this before and nervous about it the more i think about it. Dont want to go and they judge say that it cant happen =/ I dont even know how arbitration even works, let alone anything else.
  2. Oh ok, its under Governing Law. Which says it'll use Virginia law bc thats were they are located and doesnt say the longer period of your jursidiction where you live.
  3. Where would it say it at kutuzov? i tried to skim thru each section. Would I look for SOL?
  4. Ok thanks, i cant thank you enough for all this information. Well Ill get a MTD for rule 1130 and take it from there like you stated. And hope this post will help others also. If anybody else has more suggestions thatll be good also.
  5. LOL yeah thats true. Well all of what you said sounds like my only choice. I have just one more question that i just noticed on my credit report which i need it to change somehow. When i went into the agreement with with crap1 i lived in florida but soon after i lived in New York for less than a year so i dont think ive become a resident in the state of new york but i live in florida as of now and lived in florida ever since they defaulted the credit cards. I wanted to know if you knew that me living in new york would have any affect on the case?
  6. Thanks so much! Youre a life saver! haha so do i need any proof or something else like credit report or anything? Do i write them 5 days prior to pretrial? What and who do i send what to? Sorry for all the questions
  7. Well i still dont know which credit card from crap1 im being charged with but they both have a last payment was 03/05/2009 and 03/09/2009
  8. Count II (Unjust Enrichment) Plaintiff realleges all of the allegation set forth in paragraphs 1-3 and 5-7 above. 13. The Defendant received a financial benefit, which was in fact appreciated by the Defendant. 14. The Defendant accepted the Financial benefit. 15. By virtue of the circumstances surrounding the use of the credit card, the Defendant knowingly requested the funds in issue and/or knowingly and voluntarily accepted the benefits bestowed. 16. It would be inequitable for this Court to allow the Defendant to retain the benefits or to be unjustly enriched at the expense of the Plaintiff or allow the Defendant to retain the value of the funds in issue without repaying the Plaintiff the value of same 17. The Plaintiff has no adequate remedy at law if the relief sought is not afforded WHEREFORE, Plaintiff demands judgement for damages of $700 against the Defendant, JOHN SMITH, plus interest, costs and disbursements in the institution of this suit, and any other relief which this Court deems just and proper. THE END. Well it has the legal people address and fax.
  9. Count I (breach of contract) Plaintiff realleges all of the allegations set forth in paragraphs 1-7 above. The Defendant breached the agreement referred to in paragraph 4 by failing to pay the sums of money due in accordance with the terms and conditions of that contract. 9.The defenant owes Plaintiff the principal sum of $700 plus interest, and costs as a result of the Defendants's failure to abide by the terms and conditions of the credit agreement entered into between the orginal creditor and Defendant 10. Demand for payment has been made. 11. Plaintiff performed under the credit agreement by financing the purchase of goods and services by the Defendant. 12. Defendant performed by making payments toward the purchase of goods and services by the Defendant on the aforementioned credit card. WHEREFORE, Plaintiff demands judgment for damages of $700 against Defendant, JOHN SMITH, plus interest, costs and disbursements in the institution of this suit, and any other relief which this Court deems just and proper.
  10. Yeah only thing i got was the worthless summons the complains which i will type below and an old old bill that was mailed to me with all of my account numbers blackened off which i guess its due to privacy reasons idk Plaintiff, CAPITAL ONE BANK (USA, N A, sues Defendant, JOHN SMITH, and alleges: 1. That this is an action for damages that is within this Court's jurisdictional limitations. 2. Plaintiff is National Banking Association authorized to do business in Florida. 3. Defendant, JOHN SMITH, is an individual, is sui juris, and is a resident of POLK County, Florida. 4. The defendant entered into a credit agreement with CAPITAL ONE BANK (USA), N.A. for an extension of credit. 5. The credit account number with CAPITAL ONE BANK (USA), N.A. is determined confidential pursuant to Florida judicial administration Rule 2.420. 6. That all conditions precedent to the bringing of this action have been met or waived. 7. Defendant caused various charges to be made through the use of said card.
  11. Oh ok gotcha i think. Is it the Statement of Claim? Atleast it says on mine
  12. Yeah they served me haha thats a whole nother story. And Trans Union is having problems right now so ill get to that later but the only thing is that i dont have the credit cards bc i cut them up but i may have the old bills they sent me. And when you said complains did you mean COunt 1 breach of contract and Count 2 Unjust enrichment. If thats it ill type the whole paper down if needed.
  13. idk if it makes a difference but the date they sued me was april 30 but got it the 5th of may. And i will read those ASAP. Thx very much again.
  14. Kutuzov: Thank you very much for replying. I can write anything youd like but what do you mean by the complain? Do you mean the came with the summons? Like the paper that states count 1 count 2 etc? I have a old credit report and i will get this years credit report in a min. Have to go to annualcreditreport .com and will get transunion. When you said cc do you mean Credit Cards? Yeah the only thing that came with the summons papers( and im going to the assume what comes with the summons is what they filed?) Is the summons papers, and the counts, and just an old copy of a bill they sent me. Public Enemy: Yes i thought about arbitration but not sure it was a good idea for me. Ive many posts from Linda7 and can see shes helped many people. Hope maybe she'll give me some advice. Ive seen them right MTC does that stand for Multistate Tax Commision haha i tried to google it.