Barney Posted March 28, 2012 Report Share Posted March 28, 2012 Default ComplaintQuote:Originally Posted by legaleagle View PostHow much are they suing you for? Lawyers don't like credit card cases, they figure they won't get paid either. Most of them have no clue how to defend one anyway, all they'll do is tell you to make a deal. For them to defend you would cost more than the credit card bill, so why bother. Type the complaint here and we'll give you some help.1. Venue is proper as the defendants reside within this County at XXXXXXXXXX Pueblo West Colorado. and/or entered into a contract within this County.2. The amounts the Plaintiff claims from the Defendants are $8,368.51, which represent the liquidated balance of the Defendants' credit card account owned by Plaintiff, plus interest of $.00 and reasonable attorneys' fees in the amount yet to be determined and awarded by the Court, and Court costs, along with continuing interest at the rate of 0% annum.3. The plaintiff's claim arises from the Defendants" failure to pay the liquidated balance due on credit card account number XXXXXXXXXXXX, as required by the cardholder agreement. The Plaintiff claims the right to recover from the Defendants under one or more of the following legal theories: Express Contract, Implied Contract, Quantum Meruit, Liquidated Debt arising out of a Contract, Account Stated, Unjust Enrichment, Agreed Interest or Statutory, Interest, and/or Agreement to pay reasonable attorneys' fees. Plaintiff's attorneys barring a change in circumstances or new developments arising in this case, anticipate presenting to the court a request for an award of reasonable attorneys' fees in the amount of $1,255.004. the Defendants are not minors, incompetent, or in the military service of the United States, but are engaged in civilian pursuits.5. The Plaintiff does not demand trial by jury.There is what looks like a standard Customer Agreement attached, but does not show any signature.any help will be appreciated.Have to take my grandson to the Dr. I will finish post in a few hours. I do not see any way to save without posting.Thanks Link to comment Share on other sites More sharing options...
Barney Posted March 28, 2012 Author Report Share Posted March 28, 2012 Default ComplaintQuote:Originally Posted by legaleagle View PostHow much are they suing you for? Lawyers don't like credit card cases, they figure they won't get paid either. Most of them have no clue how to defend one anyway, all they'll do is tell you to make a deal. For them to defend you would cost more than the credit card bill, so why bother. Type the complaint here and we'll give you some help.1. Venue is proper as the defendants reside within this County at XXXXXXXXXX Pueblo West Colorado. and/or entered into a contract within this County.2. The amounts the Plaintiff claims from the Defendants are $8,368.51, which represent the liquidated balance of the Defendants' credit card account owned by Plaintiff, plus interest of $.00 and reasonable attorneys' fees in the amount yet to be determined and awarded by the Court, and Court costs, along with continuing interest at the rate of 0% annum.3. The plaintiff's claim arises from the Defendants" failure to pay the liquidated balance due on credit card account number XXXXXXXXXXXX, as required by the cardholder agreement. The Plaintiff claims the right to recover from the Defendants under one or more of the following legal theories: Express Contract, Implied Contract, Quantum Meruit, Liquidated Debt arising out of a Contract, Account Stated, Unjust Enrichment, Agreed Interest or Statutory, Interest, and/or Agreement to pay reasonable attorneys' fees. Plaintiff's attorneys barring a change in circumstances or new developments arising in this case, anticipate presenting to the court a request for an award of reasonable attorneys' fees in the amount of $1,255.004. the Defendants are not minors, incompetent, or in the military service of the United States, but are engaged in civilian pursuits.5. The Plaintiff does not demand trial by jury.There is what looks like a standard Customer Agreement attached, but does not show any signature.any help will be appreciated.Have to take my grandson to the Dr. I will finish post in a few hours. I do not see any way to save without posting.Thanks1. Deny The plaintiffs offer no proof that I entered into any contract in this county.2. Deny The plaintiffs offer no proof of any credit card between him and Capital one3 Deny The Plaintiffs offer no verification of a debt,nor do they offer any proof of a contract verbal or written4 agree to this statement5. Deny-The Plaintiff demands a jury Link to comment Share on other sites More sharing options...
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