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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 th
  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
  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
  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
  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 serv
  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 credi
  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 f
  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 i
  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
  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) request
  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 you
  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
  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.