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Showing results for tags 'unjust enrichment'.
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 you all are willing to help me out - your responses have been amazing. Thx. If you are inquiring about a lawsuit in which you are the defendant (ie you are being sued), you need to answer the following questions (as much as possible): 1. Who is the named plaintiff in the suit? CAM1 LLC dba CAM1 LLC of Georgia 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Law Offices of Andreu, Palma & Andreu,PL of Miami, FL 3. How much are you being sued for? about $4800.00 plus int. and atty fees 4. Who is the original creditor? (if not the Plaintiff) US Bank National Association ND 5. How do you know you are being sued? (You were served, right?) Served at home to husband. 6. How were you served? (Mail, In person, Notice on door) In person to husband 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? None 9. What state and county do you live in? Pinellas County Florida 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Never 11. What is the SOL on the debt? 5 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). Attended pre-trial conference as per summons. Explained it was not my card. Showed atty statements with the account number he identified in my (adult) daughter's name. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Disputed with OC through a letter from my attorney in which he told them to cease and disist ,disputed with one credit bureau verbally. 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. NO 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? i attended the pre-trial as per the summons. No written answer is required in FL. First cause of Action: Account Stated. 2nd cause of action - Unjust Enrichment. I told court officer it was not my cc. She asked if I wanted to see the judge, I agreed. Attny & I went before the judge. I told her it was not my card. I showed her my copy of dispute to US Bank as well as their response which included cc statements from 3/10/06 to 3/10/10 - ALL addressed to my daughter (same last name at the time). Judge noticed the lack of account number. Judge directed attny to send me copy of cc application with my signature and copies of statements with my name on them within 30 days. I have not received them - he has untl 2/6. But the atty sent me notice and copies of 2 Bills of Sale and Assignment of Assets referring to each of the assets identified in a list as Exhibit A. Of course, the list was not attached to my notice. (He also sent me requests for Production, Admissions and Interrogatories. I have been writing an objection to his requests for discovery because I am pro se and he is not allowed to initiate discovery without permission of the court, unless I have already done so. I have a second (continued) pre-trial end of February. 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 sent with summons. There was not even an account number on the paperwork, but I knew which account they were referring to from prior collection attempts from a number of different collection companies. ABSOLUTELY NOTHING - I FIND IT ASTOUNDING
Okay have been working on my answer to summons received from Asset Acceptance, pretty confident with filing the general denial after all the research I have done and not a lot, if any, defenses with the exception of the vague, etc etc. I feel pretty comfortable addressing the common count allegations of open book account stated in writing. However they have also listed the common count of unjust enrichment. I have done some research on is but haven't come up with a whole lot, so if anyone who has any experience or information on how to address this allegation would be great, specifically if there is anything I can assert in my answer up front to hopefully take care of that one. Some of my questions are: What is the SOL in California in this type of cause of action? So far the case law I have found shows 3 years however, those cases were within one of the specifically named sections within the CCP section. Does anyone know of a statute that addresses this type of debt? I have been researching but haven't come across one yet. If I can argue the 3 year SOL then will be able to put this allegation outside of SOL. I am assuming that to be able to assert this cause of action the Plaintiff must still prove their standing. I know they are going for a quasi-contract theory on this claim, in case they can't prove the written, however, if they assert even part of an express agreement, would that be sufficient to attack the unjust enrichment claim? Case law I have found so far holds that if there is an express agreement then one cannot recover under unjust enrichment. I think this is telling me they don't really have anything and they are throwing everything at the wall to see if it will stick, hoping I don't respond. What are the elements they have to prove for unjust enrichment? How much must they have to show that I allegedly accepted and received benefits? Would it be the same as for account stated, basic accounting from day one of the account? Thanks for all the help and advice so far, everyone has been so informative and helpful.
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. BREACH OF CONTRACT 4. Plaintiff incorporates by reference paragraphs one (1) through three (3) above as fully set forth herein. 5. On or about 8/11/2005, XXX entered into a contract with amex for credit services ("Contract") and amex established a credit account for XXX, Account No. XXXXXXXXXXXXXXXXXX. ("Account") 6. At or about the time XXX received the credit card, amex provided XXX with a Cardholder Agreement which detailed XXX's obligations and liabilities for all credit extended by amex. Attached as Exhibit "1" is a copy of the cardholder agreement XXX was subject to at the time of default. 7. Pursuant to the terms of the Contract, amex, on various dates provided credit services to XXX in exchange for XXX'x promise to pay for said services as billed on a timely basis. 8. amex has substantially and materially performed all of its obligations pursuant to the contract for the Account. 9. As of 8/4/2010 the Account's outstanding balance for the credit services extended to XXX is $xxxx.xx. 10. As of today's date, XXX fails, refuses, and/or neglects to pay amex the balance due and owning pursuant to the Account contract for the credit services previously extended. 11. XXX has materially breached the terms of the Contract. As a result, amex, has been damaged in the ammount of $xxxx.xx. B. ACCOUNT STATED 12. Plaintiff incorporates by reference paragraphs one (1) through eleven (11) above as fully set forth herein. 13. The parties entered into a contract whereby amex provided credit services to XXX based upon the promise of XXX to pay for same. 14. Amex promptly performed all obligations pursuant to the Contract and rendered monthly statements to XXX detailing the credit extended and the amounts due and owing for the Account. 15. Prior to the filing of this Complaint, XXX made no objection to said statements or any part thereof. 16. There is presently dur and owning over and above all counterclaims, the sum of $xxxx.xx. 17 Despite amex's demands for payment, XXX has refused to make payment on the balance due and owing for Account. 18. Pursuant to MCLA 600.2145, an Affidavit of Account Stated indicating the amount owed by XXX and is attached hereto and identified as Exhibit "2". C. UNJUST ENRICHMENT 19. Plaintiff incorporates by reference paragraphs one (1) through eighteen (18) above as fully set forth herein. 20. At the express request of XXX, amex furnished credit services to XXX. 21. XXX has received the use and benefit of the credit services without payment of full consideration. 22. Justice requires XXX to pay for the use and benefit of the credit servcies furnished by amex. 23. The value of the credit services furnished to XXX which remains unpaid is $xxxx.xx. 24. As a direct result of XXX's actions and/or omissions, including failure to pay amex for the value of the credit services received, XXX has been unjustly enriched at the expense of amex. RELIEF REQUESTED WHEREFORE, Plantiff requests this Honorable Court to: A. Enter a judgement regarding Account No. XXXXXXXXXXXXXX in favor of amex against XXX, in the sum of $xxxx.xx, plus plaintiffs attourney's fees and costs to the extent permitted by applicable law; and B. Grant such other relief as is just and appropriate under the circumstances. Exhibit 1 - Copy of Contract (no signature) Exhibit 2 - Affidavit of Account Stated (basically a notarized final statement) Needless to say I feel a bit overwhelmed by the 3 pronged attack. Our goal is to get a settlement for 30%-50% of the amount owed. Please use this info to your advantage in the escalating battle against creditors and again I welcome any informed advise.