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Meli vs. Midland


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I successfully rescheduled my mandatory settlement conference to later in April due to a schedule conflict but now I am in desperate need on how to prepare/proceed.

I am being sued for both breach of contract and account stated. I requested the BOP 2x but all I got back was a blank page with a few lines detailing the amount owed.

I was under the impression that I shoudn't push them for more evidence to fight breach of contract as this will look shoddy to the judge anyway.

My biggest concern is attacking Account Stated. How do I fight them on this?

Thanks in advance!:)++

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A JDB should never prevail on the theory of Account Stated because there was never a business relationship between the parties, that is, them and you.

Here's a link to an old thread where I posted some stuff. Hope it helps.

http://www.creditinfocenter.com/forums/there-lawyer-house/293550-account-stated-ca-can-you-really-attack.html

However, I'm not sure the settlement conference is the time or place to make these arguments. I never had to go through one of these in my (wife's) case, but I suspect at the settlement conference they're going to want you to agree to a settlement, and you refuse saying you are contesting their claims, and that's the end of it. But I may be wrong.

Oh, and Breach of Contract? I think they have to produce a contract.

Regard,

DH

Edited by debtorshusband
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I will definitely check out the link - thank you so much!

As far as the breach of contract complaint, they responded to my BOP (the 2nd request) and simply provided a blank white page with a few lines.

On it is the amount of the debt, the amount they'll want compensated (court fees), and then the total amount.

That is all I got.

They provided nothing on the breach of contract charge but what else should I be doing to prepare my case?

Thanks!

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