amsinaz

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  1. From Wells Fargo to Financial Systems LLC and then Financial Systems to Sacor Financial. Thank you all for your replies! I'm curious about the cause of action thing. Do they need to use the actual term in the complaint? Like, could they be using breach of contract without actually saying the word "breach" anywhere?
  2. For its cause of action the plaintiff alleges as follows: Plaintiff is a California corp. Defendant, amsinaz, agreed to be bound by the terms of line of credit disclosure and agreement with Wells Fargo bank in which he agreed to repay amounts loaned to him, together with accrued interest and other charges. By making purchases and/or obtaining cash advances, defendant agreed to be bound by the terms of line of credit disclosure and agreement with Wells Fargo. All of Wells Fargo's rights under said agreement were assigned in favor of plaintiff for consideration tendered. Wells Fargo agreed to permit the defendant to make purchases on credit which was to be repaid in installments. Defendant made purchases and/or obtained cash advances on said line of credit. No notice of the defendants intent to cancel the line of credit or of any disputed charges were received by plaintiff or its predecessors in interest. Defendant is in default by reason of failure to make payments in accordance with agreement, leaving balance due of $ohdeargod. Defendant has been unjustly enriched by having made purchases and/or cash advances through account with plaintiff and has failed/refused to repay amounts advanced. Plaintiff made demand for payment and defendant failed, neglected, and refused payment of balance due.
  3. None of those terms are mentioned in it, so I googled "cause of action." Wikipedia list "unjust enrichment" as a coa, and the summons does say "the defendant has been unjustly enriched..." so I guess that's it maybe? arg...I've never felt more out of my depth.
  4. Please forgive my ignorance, but how do I tell for sure? The summons I received starts off "For its cause of action, the Plaintiff alleges as follows:" and then goes into four pages of legalese.
  5. 1. Who is the named plaintiff in the suit? Sacor Financial, Inc 2. What is the name of the law firm handling the suit? Waterfall Economidis Caldwell Hanshaw & Villamana 3. How much are you being sued for? $10,000 4. Who is the original creditor? Wells Fargo 5. How do you know you are being sued? Served 6. How were you served? In person 7. Was the service legal as required by your state? Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? A letter attempting to collect. 9. What state and county do you live in? Arizona 10. When is the last time you paid on this account? Sept 2006 11. What is the SOL on the debt? To find out: 6 Years 12. What is the status of your case? Suit served 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 14. Did you request debt validation before the suit was filed? No 15. How long do you have to respond to the suit? 20 days 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. A generic unsigned & undated credit disclosure and agreement from Wells Fargo. Two "bills of sale." neither one mentions an account number or my name/address. An "account statement" from Sacor saying how much is owed and asking for payment.