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Understanding a Complaint


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When a Complaint states:

 

Defendant has failed to pay the Plaintiff the remaining balance of its account in the sum of $x,xxx, plus accrued interest in the amount of $xxx, together with the interest at the annual rate of x% from June 13, 2012, until the date of Judgement, then at x% per annum on the Judgment until satisfied.

 

What exactly does this date relate to?

 

I was sued exactly two months later on the 13th.

 

The only thing I can think of is maybe it was when the account was turned over to the Attorney??

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I would think that was the date they used to calculate "the amount of $xxx" but want to be able to continue tacking on interest, hence the "together with the interest at the annual rate of x% from June 13, 2012, until the date of Judgement, then at x% per annum on the Judgment until satisfied" part.

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Thanks, inthesticks, I realize that is the date they are using but I'm wondering is what exactly pertains to that date for them to use as a start date. I received a dunning letter from them dated June 25th, 2012; for $2,000 more than what is stated in the complaint.

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It doesn't matter because their claimed interest rate has to be based on an agreement that they have to prove. They only put that language in the complaint because if the case defaults then that statement is deemed correct. They have to prove it when the complaint is answered.

 

It is a default allegation.

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If it is a jdb they better cough up a signed contract that states they have the right to add on interest and other costs. It they have no contract your defense is unjust enrichment for the interest.

 

Assuming this is about a credit card debt, where's the case law that states there has to be a signed contract for a JDB to add interest???  Since when do they need a signed contract period in a credit card case?

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