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Help !!! LVNV Funding LLC C/O Stenger & Stenger

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@bmc100 

 

 Jurisdiction

 

1.That Plaintiff is a debt collector attempting to collect a debt and any information obtained will be used for that purpose.

 

 2.That pursuant to MCR 2.113©(2), there is no other pending or resolved civil action arising out of the transactions or occurrences alleged in this complaint.

 

3.That plaintiff is doing business in the city of Norfolk VA 23502

 

4.That upon information and belief, Defendant is domiciled in the city

 

5.That the amount in controversy $887.23.

 

 

 Count 1

 

BREACH OF CONTRACT

 

6. that plaintiff incorporates by refence paragraphs 1-5

 

7.that on or about September 1, 2011, Defendant entered into a contract with plaintiff assignor, GE CAPITAL RETAIL BANK, for goods sold and delivered and/or services rendered on open account, Account Numbers:

 

8. That a copy of the contract is attached or alternatively, the contract is in the possession of Defendant pursuant to MCR 2.11(F)(1)( B) ( SEE ATTACHED EXHIBITS).

 

9. That the contract was entered into for valid consideration and lawfil and proper purposes and is legally enforceable in all respects.

 

10. That plaintiff has performed all of its obligation and fulfilled all of its condition precedent under the terms of the contract.

 

11. That Defendant has, without excused, defaulted upon and materially breached the contract.

 

12. That as a result of Defendant's breach, plaintiff has suffered damages in the sum $887.23( see attached exhibits).

 

 WHEREFORE, plaintiff prays that judgment be entered in its favor and against Defendant in the amount of $887.23.

 

 

Count 2

 

13. That Plainiff incorporates by reference paragraphs 1 through 12.

 

14. That Plaintiff and defendant have consented to a sum as the credit balance due from one another on the account.

 

15. That Defendant has received periodic billing statement from  Plaintiff to which Defendant has made payments towards and/or has not validly objected to.

 

16. That Defendant's payment and/or failure to successfully question the state of the account within a reasonable amount of time constitutes an admission of correctness.

 

17. That Defendant has been given all set-offs, credits and/or allowances on the account and is indebted to plaintiff in the amount of $887.23. ( see attched exhibits)

 

18. That a statement of the account and a affidavit verifying the account are attached to this complaint and incorported by refernce9 see attached exhibits).

WHEREFORE, plaintiff prays that judgment be entered in its favor against defendant in the amount of $887.23.

 

 

 COUNT 3

 

19. That plaintiff incorporates by reference paragraphs 1 through 18.

 

20. That, alternatively, Defendant has received a benefit from plaintiff in the amount  of $887.23.

 

21. That Defendant has been unjustly enriched at the expense of plaintiff.

 

22. That defendant is required to make restitution to plaintiff.

 

23. That it is inequitable for defendant to retaint the benefit.

 

WHEREFORE, plaintiff prays that judgment be entered in its favor and against defendant in the amount of 887.23.

 

 

respectfully submitted

Make sure this is double spaced. 

 

Jurisdiction

 

1) Defendant agrees with this statement. The Plaintiff is a debt collector and third party debt buyer.

2) Defendant agrees with this statement. There is no known open litigation that the Defendant is aware of.

3)The Defendant lacks knowledge of information sufficient to form a belief as to the truth of the allegation, which has the effect of a denial. The Defendant is unaware and uncertain as to aha city and state the Plaintiff operates it's business out of.

4) If you live in the city where they filed the lawsuit - agree with the statement.

5) The Defendant denies this allegation. The Defendant is unaware of this account and how the Plaintiff calculated this amount.

 

Count 1

 

Breach of Contract

 

6) The Defendant affirms and restates paragraphs 1-5 in the complaint.

7) The Defendant lacks knowledge of information sufficient to form a belief as to the truth of the allegation, which has the effect of a denial. The Defendant never entered into an agreement with GE Capital or it's assignors which is the basis of the Plaintiff's complaint.

8) The Defendant denies this allegation. The Defendant is not in possession of the terms and conditions and they are not attached to the complaint. It is now up to the Plaintiff to supply this agreement to prove this their claims.

9) The Defendant lacks knowledge of information sufficient to form a belief as to the truth of the allegation, which has the effect of a denial. Without the agreement attached to the complaint or in the Defendant's possession, the Plaintiff needs to comply with MCR 2.113(F)(1)(B) or their breach of contract claim should be dismissed.

10) The Defendant lacks knowledge of information sufficient to form a belief as to the truth of the allegation, which has the effect of a denial. The Plaintiff has not shown that they are the proper party of interest to file this lawsuit and they have not provided any benefit to the Defendant. 

11)The Defendant lacks knowledge of information sufficient to form a belief as to the truth of the allegation, which has the effect of a denial. The burden of proof is on the Plaintiff to prove their breach of contract claim, as of now they have provided no evidence to prove this claim. 

12) The Defendant lacks knowledge of information sufficient to form a belief as to the truth of the allegation, which has the effect of a denial.

 

I will provide more tomorrow. 

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13. Reaffirm and reincorporate

 

14. You deny this one.

 

15. Deny

 

16. Deny.

 

17. Deny

 

18. Deny - Plaintiff does not comply with MCL 600.2145 "Account Stated" Which clearly states that the affidavit has to be dated within 10 day of the issuance of the summons. Therefore, the affidavit cannot be used a Prima Facie evidence against the Defendant if the affidavit is not contested.

 

19. Reaffirm and reincorporate allegations 1 -18.

 

20. Deny

 

21. Deny

 

22. Deny

 

23. Deny

 

Wherefore Defendant prays that this honorable court finds that the Plaintiff is not entltled to a judgement and dismisses their complaint with prejudice.

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