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SUED BY LVNV FUNDING


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I am being sued by waltmen wienberg and reis  for lvnv funding

 

1 the complaint plaintiff is the owner of the within credit card acct through purchase, bearing acct number xxxxxxxxxxxxxxxxxxxx

 

2 by use of ths acct the defendant became bound by the terms of the credit card agreement.the existence of this debt is established in the exibit attached hereto as exibit ae

 

3. the plaintiff has exercidsed its rights pursuant to the terms of said agreement to accelerate the time for payment of the entire balance due and owing by the defendant to the plaintiff

 

4.that there is now due and owing to plaintiff by defendant the sum of 2994.24 on said credit card agreement

 

5. that further defendants account has accured intrest in the amount of 513.70 through april 4 2013

 

6. although demand has been made upon the defendant to liquidate the balance due and owing , the defendant failed to do so

 

to file a motion to dismiss do I claim lack of assingment

 

also on have a unreadable copy of a card members agreement attached to complaint

 

any help would be greatly appreciated

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I would strongly go up and read the thread pinned at the top by @bmc100, he is the resident winner for michagan, and his thread kinda walks you through the process.  Then come back here with questions pertaining to your case. 

here is a link to that thread. http://www.creditinfocenter.com/community/topic/318271-those-being-sued-in-michigan-by-a-jdb-step-by-step-in-defending/

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1 the complaint plaintiff is the owner of the within credit card acct through purchase, bearing acct number xxxxxxxxxxxxxxxxxxxx

 

Denied - Plaintiff has shown no admissible evidence that it is the owner of the alleged account.

 

2 by use of ths acct the defendant became bound by the terms of the credit card agreement.the existence of this debt is established in the exibit attached hereto as exibit ae

 

Denied - Plaintiff has shown no admissible evidence that defendant became bound to any alleged agreement by use of any alleged card.

 

3. the plaintiff has exercidsed its rights pursuant to the terms of said agreement to accelerate the time for payment of the entire balance due and owing by the defendant to the plaintiff

 

Denied - Plaintiff has shown no admissible evidence that it has any rights pursuant to any alleged agreement or that the alleged agreement allows for accelerated payment on an alleged balance due.

 

4.that there is now due and owing to plaintiff by defendant the sum of 2994.24 on said credit card agreement

 

Denied - Plaintiff has shown no admissible evidence that there is a balance due on any alleged 'credit card agreement'.

 

5. that further defendants account has accured intrest in the amount of 513.70 through april 4 2013

 

Denied - Plaintiff has not clearly demonstrated the terms and conditions upon which it bases it's claim of accrued interest.

 

6. although demand has been made upon the defendant to liquidate the balance due and owing , the defendant failed to do so

 

Denied - Plaintiff has failed to show that any demand has been made on Defendant.

 

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