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Found 2 results

  1. I was served by an officer this morning with a pretrial notice. I’ve never been sued before so I’m not quite sure what to do. Details below: Original Creditor: Credit One Account Open: May 2018 Account Closed: October 2018 Amount Sued For: $1105.15 Attachments: Bill of Sale to Midland, Affidavit of Credit One Bank & Midland, The account info (account #, Name, Bill amount, last payment date, etc.), and my first and last credit card statement. Any advice would be helpful. I’m worried this would impact my credit score that I’ve been working to bring up. Should I work with Midland to pay the debt? Should I file an attribution? Thanks in advance.
  2. STATEMENT OF CLAIM Plaintiff, MIDLAND FUNDING LLC, sues Defendant, <my name>, and alleges: 1. That this is an action for damages that is within this Court’s jurisdictional limitations. 2. Plaintiff is a foreign limited liability company authorized to do business in Florida. 3. Defendant, <my name>, is an individual, is sui juris, and is a resident of MIAMI DADE County, Florida. 4. The Defendant entered into a credit agreement with CITIFINANCIAL for an extension of credit. 5. The credit account number with CITIFINANCIAL was XXXXXX1234. (they only put the last 4 digits of an account) I DO NOT OWN ANY ACCOUNT WITH CITIFINANCIAL ENDING IN 1234 but I DO have other accounts with them the closest one ends in 2134 but is in good standing. 6. The Plaintiff is the owner and holder of the debt pursuant to an assignment agreement from the original creditor, CITIFINANCIAL. 7. That all conditions precedent to the bringing of this action have been met or waived. 8. Defendant caused various charges to be made through the use of said card. COUNT I (ACCOUNT STATED) Plaintiff realleges all of the allegations set forth in paragraphs 1 through 8 above. 9. Plaintiff rendered a statement of it to defendant a copy being attached, and defendant did not object to the statement. I WENT TO THE CLERK OF COURTS, HE SHOWED ME THE FILE AND NOTHING WAS ATTACHED TO IT. SOMEONE SUGGESTED TO EMAIL POLLACK AND ROSEN (their lawyers) AND TO REQUEST SAID STATEMENT 10. The Defendant owes Plaintiff the principal sum of $X,XXX.XX plus interest, and costs as a result of the Defendant’s failure to abide by the terms and conditions of the credit agreement entered into between the original creditor and Defendant. 11. Demand for payment has been made. 12. Plaintiff performed under the credit agreement by financing the purchases of goods and services of the Defendant. 13. Defendant performed by making payments towards purchases of goods and services by the Defendant on the aforementioned credit card. WHEREFORE, Plaintiff demands judgment for damages of $X,XXX.XX against the Defendant, <my name>, plus interest, costs and disbursements in the institution of this suit, and any other relief which this Court deems just and proper. COUNT ll (UNJUST ENRICHMENT) Plaintiff and realleges all of the allegations set forth in paragraphs 1-3 and 5-8 above. 14. The Defendant received a financial benefit, which was in fact appreciated by the Defendant. 15. The Defendant accepted the financial benefit. 16. By virtue of the circumstances surrounding the use of the credit card, the Defendant knowingly requested the funds in issue and/or knowingly and voluntarily accepted the benefits bestowed. 17. It would be inequitable for this Court to allow the Defendant to retain the benefits or to be unjustly enriched at the expense of the Plaintiff or allow the Defendant to retain the value of the funds in issue without repaying the Plaintiff the value of same. 18. The Plaintiff has no adequate remedy at law if the relief sought is not afforded. WHEREFORE, Plaintiff demands judgment for damages of $X,XXX.XX against the Defendant, <my name>, plus interest, costs and disbursements in the institution of this suit, and any other relief which this Court deems just and proper. I really dont know what to do, should I go to the pre-trial and just deny everything. should I file a Motion to Dismiss (I dont know how to do it) should I present the motion before the pre-trial or at it? should I email their lawyers requesting this statement? I tried to read the Florida Rules but Chinese to me. I dont know what legal reasons to include in a Motion to Dismiss IF that is what I should do.
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