amsinaz

Being sued by Sacor- advice please?

Recommended Posts

1. Who is the named plaintiff in the suit?

Sacor Financial, Inc

2. What is the name of the law firm handling the suit?

Waterfall Economidis Caldwell Hanshaw & Villamana

3. How much are you being sued for?

$10,000

4. Who is the original creditor?

Wells Fargo

5. How do you know you are being sued?

Served

6. How were you served?

In person

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?

A letter attempting to collect.

9. What state and county do you live in?

Arizona

10. When is the last time you paid on this account?

Sept 2006

11. What is the SOL on the debt? To find out:

6 Years

12. What is the status of your case?

Suit served

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)

No

14. Did you request debt validation before the suit was filed?

No

15. How long do you have to respond to the suit?

20 days

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.

A generic unsigned & undated credit disclosure and agreement from Wells Fargo.

Two "bills of sale." neither one mentions an account number or my name/address.

An "account statement" from Sacor saying how much is owed and asking for payment.

Link to comment
Share on other sites

Please forgive my ignorance, but how do I tell for sure? The summons I received starts off "For its cause of action, the Plaintiff alleges as follows:" and then goes into four pages of legalese.

Somewhere in all that it should have a reason such as breach or account stated or goods and services provided. Read it a few times. It'll eventually make some sense.

Link to comment
Share on other sites

None of those terms are mentioned in it, so I googled "cause of action." Wikipedia list "unjust enrichment" as a coa, and the summons does say "the defendant has been unjustly enriched..." so I guess that's it maybe? arg...I've never felt more out of my depth.

Link to comment
Share on other sites

For its cause of action the plaintiff alleges as follows:

Plaintiff is a California corp.

Defendant, amsinaz, agreed to be bound by the terms of line of credit disclosure and agreement with Wells Fargo bank in which he agreed to repay amounts loaned to him, together with accrued interest and other charges.

By making purchases and/or obtaining cash advances, defendant agreed to be bound by the terms of line of credit disclosure and agreement with Wells Fargo.

All of Wells Fargo's rights under said agreement were assigned in favor of plaintiff for consideration tendered.

Wells Fargo agreed to permit the defendant to make purchases on credit which was to be repaid in installments.

Defendant made purchases and/or obtained cash advances on said line of credit.

No notice of the defendants intent to cancel the line of credit or of any disputed charges were received by plaintiff or its predecessors in interest.

Defendant is in default by reason of failure to make payments in accordance with agreement, leaving balance due of $ohdeargod.

Defendant has been unjustly enriched by having made purchases and/or cash advances through account with plaintiff and has failed/refused to repay amounts advanced.

Plaintiff made demand for payment and defendant failed, neglected, and refused payment of balance due.

Link to comment
Share on other sites

The elements of a cause of action for unjust enrichment are: the enrichment of the party accused of unjust enrichment; that such enrichment was at the expense of the party seeking restitution; and the circumstances were such that in equity and good conscience restitution should be made. An additional requirement is that the party accused of unjust enrichment must know of the benefit conferred; to ensure that the benefit was not foisted on the recipient and is something for which compensation is reasonably expected.

Recovery on a theory of unjust enrichment typically occurs where there was no contract between the parties, or a contract turns out to be invalid.

These idiots will never be able to prove UE. They advanced you NOTHING. They are out maybe 50 bucks they paid for the account, which is their crap shoot, not yours. If anybody could claim UE, it would be the original creditor. They have a legal right to collect, but that's a different cause of action they did not plead. Read some of these cases, this will give you an idea of how to brief this in a motion to strike the complaint.

"unjust enrichment" - Google Scholar

Link to comment
Share on other sites

Recovery on a theory of unjust enrichment typically occurs where there was no contract between the parties, or a contract turns out to be invalid.

Or a contract can't be found at all and the Plaintiff knows it. UE as a COA is just weird to me. Never seen that before except as an AD. But that, along with what they provided, tells me they don't have much paperwork to help their case...

Link to comment
Share on other sites

Correct, Red Sox fan, (LOL) UE means that someone got money from someone else underservedly (unjust benefit) and retained that benefit at the expense of the other person. This would only apply to the OC. After all, they fronted the money for all the consumer's credit card purchases, now he stiffs them. He got the benefit of that money. A JDB paid out NOTHING on behalf of the debtor, therefore there can be no UE claimed beyond the fifty bucks they paid for the account. They would have to prove the elements, which they could never do.

Link to comment
Share on other sites

2 bills of sale? From who to who?

From Wells Fargo to Financial Systems LLC and then Financial Systems to Sacor Financial.

Thank you all for your replies! I'm curious about the cause of action thing. Do they need to use the actual term in the complaint? Like, could they be using breach of contract without actually saying the word "breach" anywhere?

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.