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Found 13 results

  1. Recently served summons for breach of contract on a Barclays card. JDB is Unifund. I am currently battling PRA in magistrate for a separate suit (account stated) My knowledge to defend JDB revolves around traditional court litigation. After reading arbitration posts, I filed my answer. Denied everything. Affirmative defenses = lack of subject matter (arbitration), Statute of limitations. The scheduling order was made and entered the next day. It appears Unifund already filed a motion to vacate, is this the same as a continuance? Unifund did not attach a card agreement with their complaint so I'm not 100% certain arbitration is option. It appears most Barclays card agreements do have a arbitration clause. Q's Is Unifund known to follow the defendant through arbitration? Or more or less a sure thing they eventually walk? It's unlikely Unifund can prove breach of contract with proof of a written signed contract and I believe the Sol is close to or has passed (would need to argue accrual of time). Advise requested on the course of action to take before filing a motion to compel arbitration. Thanks
  2. Basics: Sued by OC in Illinois for Breach of Contract. Amount under $10,000 Complaint states that "Defendant breached the Agreement" with Agreement as a capitalized term, however Agreement is not defined within the complaint. Plaintiff attached to complaint the last statement issued Plaintiff did NOT attached the actual Cardmember Agreement I have filed an appearance before the return date (an answer is not required as amount under $10,000) I have done research on this site and I know that I need to file a motion to compel arbitration. However to do that I need to find the cardmember agreement to cite the correct statute therein. I also have seen here that Illinois state law requires a breach of contract complaint to provide a copy of the contract. I've searched here: https://www.consumerfinance.gov/credit-cards/agreements/ and I can't find the correct cardmember agreement that applies to me. I have two questions: Do I need to file some type of motion to compel the plaintiff to provide the agreement? Or do I simply show up in court on the date they assign and ask for the agreement? This card is quite old (was active for a long time). What agreement would apply to this case? Would it be the active agreement at the time I opened the account or the active agreement at the time I made my last payment? Thank you everyone - your help is invaluable.
  3. Helping a friend with a civil case. Looking to site cases for the complaint. 1. Landlord releases private information on a rental application to someone who coerced landlord to give them this info. The person is an individual, not a lawyer. The party requesting the information is involved in another court case with the landlord's tenant in a different state. Information was posted online as the public record, but it is illegal in California for a landlord to pass this information with ss#, bank info etc without the consent of the tenant, unless he has a court order. And that is not the case, as the tenant has not committed any crime, but is an innocent victim of malice and conspiracy. I am looking for court cases to site for listed causes of action such as breach of contract-, Rico-/Extortion-Conspiracy-Intentional Infliction of Emotional Distress-Common Law Bad Faith Against Plaintiff
  4. Recieved a Civil Summons listing Cap One as Plaintif being represented by Gurstel Chargo. This is for a debt listed at around 5k and was filed in Pinal County. First, I do not live in Pinal County nor have I ever. The summons did not come with ANY supporting documentation at all. There is no account number, contract, statements or anything for that matter. They are suing for breach of contract and didnt supply any documentation at all. Any guidance on how to respond to this summons would be greatly appreciated. This just seems very generic to me as if a JDB is actually suing me and not Cap One? I would assume that Cap One would at least provide some documentation with the summons? If it is a JDB I know its a violation by suing me in a county that I have never resided in. PLEASE HELP!
  5. I am interested to know if there are any laws (federal or state) protecting small businesses with respect to Commercial Debt Collection in NJ? My company has been contacted by an investigator with Kearns, Brinen & Monaghan regarding a breach of contract. As I understand it, we had a service contract with a communications service provider called Line Systems. We were also provided with phones from the company, which I am not sure if we rented or received free with service contract or what. In any case, when it was time to renew the contract we chose not to and went with a new service provider. For us, Line System's service was spotty, reception was crackly and cut in and out, and we were just unhappy with the overall product and the service provided. There was also downtime. Sometimes we were a few hours without phone service - it happened often enough that we decided to move on rather than continue to lose business. We have since discovered the contract had an automatic renewal clause. The person that negotiated the contract is no longer with our company and nobody else realized the clause existed. We did not notify Line Systems in time for whatever the cutoff date was and they rolled the contract and are coming to us for $17,000 for breach of contract. But we contend that the downtime and service problems resulted in loss of business for us and if anything they owe us money for lost business. I realize that commercial collectors are a lot less restricted than consumer collectors. They can act despicably without repercussion. The only real regulation I have found is collector bonding required by particular states. The collector is threatening a law suit, liens, etc. I have requested a copy of the contract from my team for more details. Can I request proof of debt from them or does that only apply in consumer collection? Not sure which steps to take --- Anyone familiar with this field?
  6. 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 credit card? Count two states Plaintiff is entitled to recover because transactions between plaintiff and defendant gave rise to an indebtedness, there existed an agreement between the plaintiff and defendant which established the amount due to plaintiff, and the defendant promised to pay the indebtedness. Prayer requests response and appearance resulting in judgement for damages, just under 2k, court costs, and all other relief entitled. The affidavit states that the custodian for Portfolio is - Competent to testify in the matters contained herein - An authorized employee of PRA, and is familiar with the policies and practices, as well as the books and records of ACCOUNT ASSIGNEE with respect to the matters stated herein. The affidavit is based on their personal knowledge of ACCOUNT ASSIGNEE'S RECORD KEEPING SYSTEM and their review of the business records of the original creditor, including a review of the business records transferred to account asignee. - According to the business records, the account and all proceeds are now owned by ACCOUNT ASSIGNEE, having been sold, transferred and assigned by the seller on (xx/xx/2013). Affidavit states all power and authority has been assigned to account assignee. - According to records transferred, defendant breached terms of the account in the amount of $x,xxx.xx with respect to account ending in xxxx as of xx/xx/2012. - Affidavit states amount due, once again. - Affirms defendant is not a minor or service member. Signed and Notarized Bill of Sale is included, which makes no mention of account number, original creditor, plaintiff, and date of sale does not coincide with date on affidavit. Only one account statement is included, with account number blacked out, other than last 4 of card. Statement does not list any payment, last payment, etc. Only information is the "New Balance," which is the amount being pursued. One page of statement includes generic verbiage regarding account. No information that would indicate how balance was accrued, interest rate changes, last payment, or any payment, etc. Paperwork is very ambigous. Any assistance is greatly appreciated. I am looking for assistance regarding a proper response. Do I need to request permission to request discovery? How should I respond? Is it possible for breach of contract and Account stated? This is a credit card account. Should I bring into question SOL? Also, should I question custodians knowledge of original creditors policies and procedures, as well as their personal knowledge of account and history of how interest was calculated? Do I bring into question their mention of this being an "Account Stated?" as well as the mention of a "Written Contract?" Furthermore, Can I use defense that Sale date on affidavit does not coincide with "Bill of Sale" that was included. The bill of sale, as stated above, makes no mention of any personal information in regards to the account, original creditor, defendant, amount, etc. Sorry for the information being a bit scrambled. I am attempting to include all that seems relevant without posting verbatim, and am rushing through this as I have 14 days to respond, and only discovered this website yesterday. Any help, again, is greatly appreciated, and I can provide addtl' information as needed. Thank you all in advance, and I look forward to being of assistance in any way I can in the future on this site.
  7. I was served with notice of suit by CitBank. Is for CC debt. Their Attorney is Rausch, Sturm, Israel, Enerson, & Hornick out of Dallas. Can Anyone help craft a response and tell me how to proceed? I redacted my name and address from the service receipt (that I had to scan at my home because server didn't have a copy to give me) and the Citation, before I uploaded them. If I understand what I have been reading, they can't file a credit card debt as Account Stated, so can I requested dismiss with prejudice to prevent a non-suit and then re-file? Is sending their attorney copy via fax acceptable if I have a the confirmation page? A little tight to pay for Reg Rtn Rcpt. Any help/guidance would be great. Thanks in advance, RichD
  8. 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 in court. Prepared to object to any documents they try to admit to the court. Can someone tell me how the court proceedings in the JP Court goes and if he will need to state his defense in the beginning. He is being sued on Breach of Contract and Account Stated and I have researched this as well. If anyone in Texas could provide more detail as to what will happen in the JP Court and what to expect. Thank you.
  9. 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 Since the cause of action is "Breach of Contract" and "Account Stated" should I file for a MTC BOP? #2 I received their Discovery executed on May 3rd 2013 but have not answered yet or sent my own Discovery to them. What would you suggest my next move be? #3 I was recently diagnosed with a very rare disease Idiopathic Intracranial Hypertension (pressure in brain with unknown cause or cure) causing me much pain, seizures and vision problems. Might be needing a surgery and all of this is just to much to handle at once. Do I have any rights to put this lawsuit on hold pending my health crisis? Much help needed to keep the fight in me against CACH, LLC. Thanks!
  10. I have recieved a summons and the complaints have been validated. I understand that I would need to send a validated answer (not a general one) in order for them not to recieve judgement by default. However, I've been reading up on Demerrer and it seems like it could be an option in this state (CA). I'd like to get someone's opinion as to whether or not I could/should go that route? The plaintiff's complaints are as follows: CAUSE 1—BREACH OF CONTRACT 1) On or about 08-13-04, CITIBANK, NA and defendant(s) entered into an agreement for the issuance of a credit card wich defendant(s) requested. A credit card now bearing account number XXXXXXXXXXXX7786 was issued to defendant(s). This credit card account granted defendant(s) credit privilages in purchasing goods and services and/or receiving cash advances. 2) Defendant(s) accepted the written card holder agreement by using the credit card. Payments for the charges incurred were to be made in accordance with monthly billing statements sent to defendant(s). 3) On or about 11-13-09, defendant(s) breached the card holder agreement by failing to make the minimum monthly payment due. 4) Plaintiff and the original creditor have performd all of their obligations to defendant(s) except those obligations plaintiff or the original creditor were prevented or excused from performing. 4) Plaintiff sufferend damages legally and proximately caused by breach of the card holder agreement by defendant(s) in that defendant(s) left due and owing the sum of $1898.33 with interest thereon. Although demand has been made, the amount prayed for is due, owing and unpaid. 5) Pursuant to agreement of statute, plaintiff seeks reasonable attorney fees according to proof. CAUSE 2—COMMON COUNTS 1) Defandant(s) and each of them became indebted to the original creditor, CITIBANK, NA within the last four years: a. on and open book account for money due and b. because an account was stated by and between the original creditor and the defendant(s) in which it was agreed that defendant(s) were indebted to the original creditor. 2) Plaintiff also alleges that each defendant(s) becase indebted to CITIBANK, NA, within the last four years: a. for money lent by the original creditor to defendant at defendant's request, and b. for money paid, laid out and expended to or for defendant at defendant's special instance and request for the defendant's use and benefit. 3) The sum of $1898.33 is due and unpaid despite plaintoff's demand, plus prejudgement interest according to proof. There were no exhibits attached. **On another note, the Plaintiff is UNIFUND CCR (represented by Kenosian and Miele) not CITIBANK. Does this change the merrit of their complaint or how I should approach my answer? If I admit to the stuff about CITIBANK how would that help UNIFUND CCR? ...Gosh, this stuff can get a bit overwhelming..
  11. 1. Who is the named plaintiff in the suit? MIDLAND FUNDING, LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Daniel N. Gordon, P.C. 3. How much are you being sued for? $1,100 4. Who is the original creditor? (if not the Plaintiff) CitiFinancial/Wickes Furniture 5. How do you know you are being sued? (You were served, right?) Served Summons & Complaint 6. How were you served? (Mail, In person, Notice on door) Certified Mail 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? They had contacted me by phone. I had made payment arrangements and had missed the past two months. 9. What state and county do you live in? Multnomah County, Oregon 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) January 2013 to the debt collector. 11. What is the SOL on the debt? To find out: 6 Years 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Case number issued. I need to file my answer. 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? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. I sent it out today. 15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? They gave me 30 days from the date it was filed. The complaint stated March 5th as the date it was filed, although I contacted the court and they have it on record that it was filed on March 14th bu do not have a record of it being served. They asked me when it was served and I told them I don't know. (Which I do because I have it) 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. No evidence. Just a summons and complaint. ---- I will post the complaint next. I've written my Answer but have some questions on how I should handle this. I am not denying that I owe a debt that originated from CitiFinancial/Wickes Furniture. I just want to limit the damages, not incur attorney's fees and avoid garnishment. Hopefully I can get a court ordered payment arrangement.
  12. I was sued for breach of Contract by Pride Aquisitions LLC seeking $39K from a Chase Credit Card. I just wanted some outside advice. Found a lawyer that is seeking out cases vs. Pride because they have had so much sucess, in fact have never lost, calls Pride "sloppy". Pride has had to pay out twice. They offered me a really surprisingly low flat fee to fight pre trail and another flat fee if it goes to trail. If it goes to trail, they said they would most likely counter sue on my behalf. So my question is, do I have them take the case? Another lawyer will do it for the same. I just dont want to be a pawn and get caught between Pride wanting to make an example and this Law firm. I believe it is passed the SOL (by one to two months) and two other law firms said they think they could get me out of it. Thanks for any advice.
  13. 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.
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