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Found 24 results

  1. Received notice of intent to use 902 (11) evidence at trial. The mandatory notice included OC business records affidavit and "37" documents. The documents appear to be billing statements covering a 12 month period, including alleged last statement. The statements are certified to be true and accurate. The thing is...every monthly statement is obviously altered or edited. The actual text covers approximately 1/3 of the page. The font is super small (not quite fine) making it hard to evaluate. Each monthly cycle includes two pages 1 of 2 & 2 of 2, reflecting charges/credits, bala
  2. If your in california and your being sued with an "ACCOUNT STATED" as a cause of action, then your going to want to look at the jury instructions to see what elements that need to be proven for an account stated. Download the pdf and open with adobe and search for ACCOUNT STATED Assignment Contested Assignment NOT Contested
  3. Bench trial held in February 2020. Sued by PRA to collect $8107.11 for a CapOne Cc. Just received the judgement, case dismissed with prejudice. Such an amazing feeling it is to learn the law, apply new complex knowledge and defeat PRA. Absolutely could not have done this without the advise, information and experiences found here. Especially thankful to BV80 for suggesting specific Idaho Supreme Court case law. It was a hard confusing wasn't until I beat their summary judgment that I began to actually understand what I was doing. Object object object the end
  4. The latest scene in the **** show that is my life is- Summons and complaint received served, in person, to me yesterday Being sued by Midland for a past account with JC Penney/Synchrony Bank formerly GE Capital. Court venue is Midland Summons and Complaint_Redacted.pdf correct. Attached summons and complaint, along with the docs that were included. My redactions are in pink. On the last page of their supporting docs, the address that they had for me, redacted in pink, is an address that I lived at 3 years ago. Midland Summons and Complaint_Redacted.pdfMy first ques
  5. Hello thanks in advance for any help.. from what I have read 'account stated' sounds like it is going to be a little more difficult to deal with as it sort of does not require as much evidence and I am struggling to find much info on it. 1. Who is the named plaintiff in the suit? Midland Funding 2. What is the name of the law firm handling the suit? not sure just has a bunch of lawyers listed.. a google search seems to point to Encore Capital Group.. idk 3. How much are you being sued for? about $2800 4. Who is the original creditor? Synchrony 5. How do y
  6. I'm debating whether to defend a small claims suit for $4321 for an Account Stated Claim with a law firm claiming to represent Discover Bank, or at my final hearing next week motion to compel Arbitration. The law firm filed into the case the credit card agreement with the Arbitration clause, however, I can defend the Account Stated claim by disproving their element that we agreed to the claim's balance of $4321, citing a dispute letter I sent the firm disputing the amount. Which strategy would possibly be more successful?
  7. 1. Named Plaintiff: Portfolio Recovery 2. Law firm handling suit: N/A. 4 individual lawyers and bar numbers are listed, with no firm name. I'm not positive that they are not simply employees of Portfolio? Names are Emily Pierce, Jordan Cook, Lori Williams, and Kristen Brinkerhoff. 3. What is the amount of the suit: More than $1,000, but less than $1,500. 4. Who was the original creditor: Capital One. 5. How do you know you're being sued: ... I was served with papers on Sunday, 30 April 2017. 6. How were you served: In person. 7. Was the service legal as required
  8. Lots of case law and statutes. Limit is 9% interest on account stated if they can prove it. Author is a Missouri Consumer Atty. Stated CLE slideshow 10-22.pdf
  9. I was just served a summons by Calvary SPV. I know I need to answer but there are many discrepancies in their complaint. They allege that they have previously made demand for payment which they have not. They state they have purchased an account from capital one. To prove the purchase of the debt they have some sort of bill of sale(I have attached a copy) The bill of sale has NO INFO whatsoever to state that they purchased an account with my name and in fact they have "whited out" quite a bit of information. They do attach a copy of an old bill with my name from capital one but the amoun
  10. Hello to the best forum on the planet! I was referred here by a friend and have been reading the awesome stories and advice given here. Tho I feel completely overwhelmed I have a glimmer of hope if I can get my head around all this stuff! I am taking this in chunks as it's the only way I can digest it all. Below are my answers to Racecar's questions. I have just a couple of questions for my first steps. I do believe I can file a General Denial (thanks AST Medic for that awesome thread)..but want to make sure my complaint is not verified. There is the first page of the summons; the compl
  11. Please Help, Suit filed by Portfolio Recovery Asignee of Citibank NA The Home Depot Filed as Civil Citation in Justice Court - State of Texas Amount of suit is just under $2,000.00 Count One is for Breach of Contract which states that the issuance of a card constitutes the offer of a contract. Defendant accepted by using and / or authorizing use. Issuer performed obligations by reimbursing. Defendant breached contract by defaulting on the payment, violating the aforementioned "written contract" Count Two is account stated. This was a credit card. Can account stated be used on a credi
  12. Hello All - Anyway ever have a Bank fail to submit an Affidavit in the Complaint and Motion for Summary Judgement and then just magically produce a new one dated that week and served that day to Defendent in Court? I did. I have been watching this forum for help as I have decided to fight BIG BANK Discover over a credit card debt. I think I have zeroed in on something but need some case law. 1) They filed the Complaint in October, 2014 using an account stated theory with 1 statement attached for a 10 year account. 2) I filed an answer but not an affidavit. I didn't know that I needed to.
  13. My husband has JP court tomorrow in Texas to defend himself in a lawsuit. He was served with the Plaintiff's Original Petition and attached is one statement showing the balance, previous balance, late fee and interest charged. Filed a General Denial and there has been no discovery or contact from Midland Funding. He is due in court tomorrow morning and I have researched this forum and am aware of the defenses of proof a valid contract exists, proof of standing (ownership/assignment), proof that the claim is not barred by the statute of limitations. However not sure how things will proceed i
  14. Help! Court is coming up next month. I received a "Declaration of Plaintiff in Lieu of Testimony at Trial" and an exhibit which includes a bill of sale, affidavit of sale of individual account, and 17 pages of account summaries. These only include one page of the statements. These do not date back to when the account was opened. What should I do at this point? PLEASE HELP! This is an account stated suit. Thanks!!
  15. I'm new here. I was served by PRA on 4/19, case was filed on 3/27/14 in Florida. Two counts listed: Account Stated & Unjust Enrichment. They submitted page 1 of a credit card statement from Sept 9, 2010 to Oct. 10, 2010 with a min payment due of $1,953. I don't have any paperwork. I pulled my CR and the last payment was on 2/24/2010 on both PRA account information and OC. I am going to file my answers and affirm the SOL defense plus others. My question is, when would I file a motion to dismiss based on the SOL?
  16. Hi, I have requested a BOP from Cach, LLC once with my response and they stated BOP is not applicable so I sent a second request with note that defendant, myself, will move to court for an order requiring a further response or, in the alternative, an order precluding plaintiff from offering any such evidence at trial. They responded: In light of the foregoing, please be advised that we will not provide further responses to your request; however, Plaintiff will provide all available documentation in response to the discovery propounded pursuant to the Civil Discovery Act. Three questions: #1
  17. 1. Who is the named plaintiff in the suit? Citibank 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Silverman & Borenstein 3. How much are you being sued for? ~ 6k 4. Who is the original creditor? (if not the Plaintiff) OC 5. How do you know you are being sued? (You were served, right?) Served 6. How were you served? (Mail, In person, Notice on door) Personally 7. Was the service legal as required by your state? Yes Process Service Requirements by State - Summons Complaint 8. What was your correspondence (if any) with the peopl
  18. Hello everyone, I am being sued for CC debt by Midland and need some help (even after reading bmc100's thread and tons others), it mostly pertains to the answer. I want to thank you in advance for your help! I would love to put together a form for every step of my Michigan suit, so others could simply enter their information and tune some of the responses to their particular case. Hopefully that would lift some burden off anyone sued in the future. I have attached the entire complaint (edited of course) and listed a google drive location below where you can view it Link: Removed until full
  19. I am being sued by a JDB. I simply cannot tell if it is for account stated or other. I was hoping if I put more info here I could get some input? The JDB did not attach any documentation to the complaint. they state I entered into a credit card agreement on such-and-yay date. they state I purchased goods with the line of credit they state I defaulted under the agreement despite demands by oc they state the oc charged off the balance they state the oc sold the blance to the JDB they state I owe the JDB How do I determine this then? Thanks so much
  20. I just recently sent a last minute BOP (7/26/13 they received 7/30/13) and received a response of "Our Office received your Demand for Bill of Particulars dated July 26, 2013. Per CCP 2024.40(a), your request is untimely and therefore no response will be provided . Please note, Plaintiff did supply 117 pages of billing statements in response for your request for production of documents on November 30, 2012. " I am sending them a meet and confer notice stating " On July 26th, 2013, Defendant served its request for a Bill of Particulars on Plaintiff. Pursuant to CCP section 454, Plaintiff has te
  21. I am doing more research into defenses against account stated causes of action; Some I am thinking of; 1. That it can be equally implied that failure to make a payment can be evidence that a billing statement was NOT sent to a party. 2. That an account stated that is implied by failure to dispute a billing statement is a non written contract and subject to the 2 year SOL in CA. and the shorter time in other states. 3. That the FCBA does not state that failure to dispute implies ascent to the billing amount. 4. That objecting to billing statements after recieving them in discovery constitut
  22. My name is nowhere on the account they are suing over! My 2nd (continued) pre-trial is scheduled for the end of Feb. I am pro se and I want to have it dismissed without going to trial if there is any way possible. I cannot believe there is no way to do so when he can provide NOTHING with my name on it. I don't believe they could get this far with it! Guess I am naive. I have answered the forum's suggested questions below. I have been researching many threads (esp FSUgirl07 since she is also in FL dealing with a JDB), but I haven't run into any where they actually have the wrong name. Hope
  23. I am wondering if there is a case where somebody has won a motion to compel in regards to a BOP where there is both account stated AND breach of contract.
  24. Got summons in MI from Zwicker/Amex Looks like they are learning so I am posting info so you can see what to expect and I welcome suggestions as I form my response. COMPLAINT quote(MCR 2.113©(2)(a) Plaintiff, amex, by and through it's attournys, Z&A, P.C. for it's complaint about againts xxx ("XXX"), states as follows. PARTIES 1. Plaintiff, amex, has a principal place of business located in SALT LAKE CITY, UTAH. 2. Defendant, XXX, is an individual who resides in XXX, MI. (which we dont, we moved) 3. The amount in controversyis less than Twenty-five Thousand Dollars. A. BREAC