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Has anyone been successful proving Unjust Enrichment?


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Has anyone been successful proving "unjust enrichment" ? If so, please apply to this post informing me how you did it.

I used this as an affirmative defence in my Answer...just wondering when I would actually go into detail about it to prove it with the court. Do I file a document in court explaining why it's unjust enrichment?

I have a case where the finance charges continued after chargeoff- and interest rate increased from

APR 30.490%

APR 30.740%

APR 30.990%

APR 31.240%

APR 31.240%

APR 31.490%

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As I stated in an earlier PM, the legal term "Unjust Enrichment" is greatly misunderstood. Unjust Enrichment is used when you provide some type of goods or services and there is no express agreement and the receiving party refuses to pay.

In most jurisdictions you need to allege the following to state a defense or cause of action based on Unjust Enrichment:

1. No express agreement exists between the parties.

2. [You] conferred a benefit upon the [opposing party].

3. [Opposing party] knowingly accepted the benefit or acquiesced to receiving it.

4. At the time [opposing party] received the benefit, it knew or should have known that [you] expected to be compensated for it.

5. [you] have not been paid and therefore have been damaged.

6 [opposing party] has retained the benefit under circumstances making such retention unjust or inequitable.

(I don't think I put #6 in the PM)

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As I stated in an earlier PM, the legal term "Unjust Enrichment" is greatly misunderstood. Unjust Enrichment is used when you provide some type of goods or services and there is no express agreement and the receiving party refuses to pay.

In most jurisdictions you need to allege the following to state a defense or cause of action based on Unjust Enrichment:

1. No express agreement exists between the parties.

2. [You] conferred a benefit upon the [opposing party].

3. [Opposing party] knowingly accepted the benefit or acquiesced to receiving it.

4. At the time [opposing party] received the benefit, it knew or should have known that [you] expected to be compensated for it.

5. [you] have not been paid and therefore have been damaged.

6 [opposing party] has retained the benefit under circumstances making such retention unjust or inequitable.

(I don't think I put #6 in the PM)

Thanks BigLaw! I found STATE COLLECTION LAWS on the web is this anyway applicable to the AMOUNT of interest rate I have been charged after charge-off?

STATE COLLECTION LAWS

--Statutes

--Judgments

--Garnishments

--Interest Rates

--Bad Check Laws

--Collection Agency Requirements by State

STATE: OHIO

INTEREST RATE

Legal: 10%

Judgment: 10%

STATUTE OF LIMITATIONS (IN YEARS)

Open Acct.: 4

Sales Contract (UCC2-725)

Written Contract: 15

Domestic Judgment: 21 renew every 5

Foreign Judgment: 21 renew every 5

BAD CHECK LAWS (CIVIL PENALTY)

The greater of $200 or three times the amount of check and attorney fees (no maximum)

GENERAL GARNISHMENT EXEMPTIONS

See federal law. Garnishment limited to once a month per employee.

COLLECTION AGENCY BOND & LICENSE

Bond: No

License: No

Fee: No

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When people here think Unjust Enrichment they are thinking usury, the charging of illegal interest. Does a JDB who insists on charging the default rate on the cc paper it bought violate the usury statutes? I don't know. If on its own it tells you it is charging 30%, you might have a case. But that won't vitiate the underlying debt.

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Unjust Enrichment didn't work in my case. I just went through it. I hired an "Architect" to design a home I wanted to build. After $3,050 later I received nothing but another bill for an addition $1,100. I canceled the contract due to breach of contract on his part, sued for my $3,050 back and the guy counter sued me for $1,100. All I had in work performed was basic schematic drawings all of about $500 bucks worth. Sued for Unjust Enrichment. Found out in court he wasn't a registered Architect at all. On top of it the judge awarded the defendant the full $1,100 which brought the total I am paying out to $4,400 because he awarded them interest as well. The judge said that they were not unjustly enriched because had I not cancelled the contract then they would of owed me the time it took to give me a full set of plans (if that makes any sense at all). Also found out I was their first client. They graduated school 1 year ago. He also said it didn't matter weather they were Architect’s or not and that their billing seemed consistent with the scope of work. He also said that even though they were in breech of contract by not supplying additional contracts as it states in the original one it didn't matter because I didn't speak up about it until I cancelled the contract so I must have been ok with it. I have absolutely no faith in small claims court. My attorney was shocked as the judge acknowledged everything but awarded me nothing. I believe the case was decided before I even walked into the courtroom. The defense had an attorney that probably goes golfing with the judge on the weekend. Moral of the story, Unjust Enrichment is a difficult case to prove.

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  • 2 weeks later...
When people here think Unjust Enrichment they are thinking usury, the charging of illegal interest. Does a JDB who insists on charging the default rate on the cc paper it bought violate the usury statutes? I don't know. If on its own it tells you it is charging 30%, you might have a case. But that won't vitiate the underlying debt.

Ok...but I found the following Ohio Usury Laws isn't this applicable to credit cards?:

A) "To extend credit" means to make or renew any loan, or to enter into any agreement, express or implied, for the repayment or satisfaction of any debt or claim, regardless of whether the extension of credit is acknowledged or disputed, valid or invalid, and however arising.

(B) "Creditor" means any person who extends credit, or any person claiming by, under, or through such a person.

© "Debtor" means any person who receives an extension of credit, any person who guarantees the repayment of an extension of credit, or any person who in any manner undertakes to indemnify the creditor against loss resulting from the failure of any recipient to repay an extension of credit.

(D) "Repayment" of an extension of credit means the repayment, satisfaction, or discharge in whole or in part of any debt or claim, acknowledged or disputed, valid or invalid, resulting from or in connection with that extension of credit.

(E) "Collect an extension of credit" means an attempt to collect from a debtor all or part of an amount due from the extension of credit.

(F) "Extortionate extension of credit" means any extension of credit with respect to which it is the understanding of the creditor and the debtor at the time it is made that delay in making repayment or failure to make repayment will result in the use of an extortionate means or if the debtor at a later time learns that failure to make repayment will result in the use of extortionate means.

(G) "Extortionate means" is any means that involves the use, or an express or implicit threat of use, of violence or other criminal means to cause harm to the person or property of the debtor or any member of his family.

(H) "Criminal usury" means illegally charging, taking, or receiving any money or other property as interest on an extension of credit at a rate exceeding twenty-five per cent per annum or the equivalent rate for a longer or shorter period, unless either

(1) The rate of interest is otherwise authorized by law;

(2) The creditor and the debtor, or all the creditors and all the debtors are members of the same immediate family.

(I) "Immediate family" means a person's spouse residing in the person's household, brothers and sisters of the whole or of the half blood, and children, including adopted children.

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There are some very good laws in Ohio concerning collection agencies, one being that they have to maintain an office there to dun or collect (including lawsuit) from a debtor. Look to other laws other than usury. What are the details of your case? Are you being sued by OC or CA/JDB? In Fl it is commonplace for a JDB to claim unjust enrichment in their complaints against debtors.

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Also, in Ohio, there was a case in Cleveland where Discover was suing a lady over a CC where she had been paying for years, but the balance kept increasing because of their exorbitant interest. The judge found in her favor. I don't remember the exact case, so you'd have to google it, but I vaguely remember "unjust enrichment" coming up...

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  • 2 years later...
Unjust Enrichment is used when you provide some type of goods or services and there is no express agreement and the receiving party refuses to pay.

I'm not so sure. At Wiki, the cases listed are much more 'gray', with agreements between parties:

'It is generally accepted that a claim based on unjust enrichment can be submitted to five stages of analysis. These can be summarised in the form of the following questions:

Was the defendant enriched?

Was the enrichment at the expense of the claimant?

Was the enrichment unjust?

Does the defendant have a defense?

What remedies are available to the claimant?'

Unjust does not seem to exclude all things besides absence of contract.

notagain xxheartxx

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