nailpounder Posted June 4, 2013 Report Share Posted June 4, 2013 I had been expecting this and finally got served yesterday with a complaint from a Texas JDB. The suit is based on an assigned credit card account. The complaint shows two claims: Breach of Contract and Stated Account. I'm not too concerned with defeating the breach of contract claim, but I'm more focused on the Stated Account claim. I have some general ideas on how to proceed with my answer, including a plea to the jurisdiction, and I have been studying the Texas case law concerning accounts stated. Here's the text of the Stated Account claim: STATED ACCOUNT1. Plaintiff's assignor and Defendant entered into a transaction in which Defendant was indebted to Plaintiff's assignor. Plaintiff's assignor and Defendant entered into an agreement fixing an amount due, which Defendant promised to pay. The transaction resulted in XXXXXX Assignee of XXXXXX Bank's Account XXXXXXXXXX0000.2. Defendant failed to repay the debt per the agreement. After all just and due offsets and credits, Defendant owes Plaintiff the amount of $XXXXX.XX.3. Plaintiff subsequently acquired all rights, title, and interest in indebtedness.4. Plaintiff now seeks recovery of the amount owed. I'd appreciate any input other forum members might have in putting together an answer. Thanks. Quote Link to comment Share on other sites More sharing options...
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