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Hello, I am seeking help with a summons I got today. I have very little experience in law. I'm a disabled veteran, unable to work, and don't have money to hire an attorney. So, I'm reaching out on here. I received a summons today stating that I am being sued by Portfolio Recovery Associates, LLC Assignee of Citibank, N.A. / Citibank, N.A/ The Home Depot. The attorney is located about 200 miles away from where I live. A: Parties 1. It lists PRA & a Norfolk, VA address 2. It has my name, and address B: Jurisdiction 3. Plaintiff seeks only monetary relief of $10,000 or less, including damages of any kind, penalties, costs, expenses, and prejudgment costs. 4. Plaintiff asserts that the above named court has jurisdiction over the matter of this case and the person or Defendant and that the damages sought are within the jurisdictional limits of this court. C. Venue 5. Venue of this action is proper in the county named above because Defendant is/are individual believed to be residing in said county at the time of the commencement of suit. D: Facts 6. CITIBANK, NA / CITIBANK, NA/ THE HOME DEPOT issued a credit account in the Defendant's name under its account number ending in *****************. The line of credit was issued on January XX, 2012. Defendant received and used the account and thereby is obligated to pay for the charges incurred with the account. Plaintiff's records show Defendant's last payment on the account occurred on January XX, 2016. Defendant defaulted on the obligation to make monthly payments on the credit account, and the account was subsequently canceled. The line of credit was subsequently closed due to nonpayment and/or charged off to profit and loss on or about May, XX, 2015. The entire balance on the credit account is presently due and payable in full. 7. Defendant's credit account was assigned to Plaintiff on Feb XX, 2016, and Plaintiff is the current holder of Defendant's account and the proper party to bring this suit. Plaintiff owns all rights, title and interest on the credit account. 8. After allowing for all just and lawful offsets, credits, and payments on the credit account, the total balance due to Plaintiff's by Defendant on the Account is $4,XXX.XX. 9. Plaintiff does not seek ongoing interest. 10. The Plaintiff has made demand upon the Defendant for payment of the amount due and payable in full. The Defendant have failed, neglected, and refused to pay the amount, less all lawful offsets, credits, or payments is still due and owing. E. COUNT 1: Account Stated 11. Plaintiff is the owner and beneficiary of all claims related to the line of credit opened by Defendant ending in *********************. The amount due and owing on said account is $4,XXX.XX. All just lawful offsets, credits, and payments have been applied to said account. 12. Plaintiff, as owner of the account, is entitled to recover on the account because (1) transactions between Plaintiff's predecessor- in - interest and Defendant gave rise to an indebtedness, (2)there existed an agreement between the Plaintiff's predecessor- in- interest and Defendant which established an amount due, and (3) the Defendant promised to pay the indebtness. Neil v. Agris, 693 S. W .2d 604, 605 (Tex. App- Houston (14th Dist) 1985, no writ); Continental Cas. Co v. Dr. Pepper Bottling Co. of Texas, Inc., 416 F.Supp.2d 497, 504 (N.D.Tex. 2006)(citing Arnold D. Kamen & Co. v Young, 466 S.W.2d 381, 388 (Tex.Civ.App- Dallas 1971, writ. ref'd n.r.e.)). F. Damages 13. Plaintiff seeks damages on its liquidated claim in the amount of at least $4,XXX.XX, plus costs which is within the jurisdictional limits of this court. G. Conditions Precedent 14. All conditions precedent to Plaintiffs claim for relief have been performed or have occurred. H. Prayer 15. For these reasons, Plaintiff asks that the court issue citation for Defendant to appear and answer, and that Plaintiff be awarded judgement against Defendant for the following: a. Actual damages in the amount of $4,XXX.XX b. Court costs. c. All other relief to which Plaintiff is entitled. *There is also an affidavit from a "Custodian of Records" at PRA, stating she works for PRA & she is familiar with paperwork, record keeping, etc... *It states the account had "been sold, assigned and transferred by the Account Seller on 02/22/2016"; there is also a "Bill of Sale and Assignment" Stating Citibank NA sold it to PRA: "For value received and subject to the terms and conditions of the Purchase and Sale Agreement dated January 23,2015, between Buyer and the Bank, the Bank does hereby transfer, sell, assign, convey, grant, bargain, set over and deliver to Buyer, and to Buyer's successors and assigns, the Accounts described in Exhibit 1 and the final electronic file". *There is an "Account Statement", which looks like a printout from Home Depot showing balance, fees, etc... Any, and ALL help is greatly warranted, and deeply appreciated!!!!
Bank of America is being forced to hand over more than $1 million to a Florida couple after the bank flooded them with hundreds of loan collection calls for years – the latest example of alleged behavior that has cost the bank tens of millions. Full story: http://abcnews.go.com/US/couple-wins-1m-suit-major-bank-outrageous-robocall/story?id=27542208