bentdiver Posted April 5, 2019 Report Share Posted April 5, 2019 Edit: I posted here because I was looking for case law that may establish whether the proposed evidence listed in my post is sufficient. I did not find what I was looking for. If this post would fit better somewhere else, I apologize and take no objection whatsover to a moderator moving it. Hello, All. New here and need a little help. This is going to be a long first post, but I am going to dump all the relevent (and perhaps some not) info I have here in the hopes that someone can shed some light not otherwise found on the internet on my situation. I want to fight the following case if at all possible, and I'm pretty sure I already know their hand. I just need to know if what they're holding can be beat. I hate the JDB industry, and if I was a rich man, I'd gladly pay twice what theyre asking to an attorney just to not give it to the JDB. Alas, I am not a rich man. I am, however, not afraid to face them in a cort room. Thanks in advance for your help!!! I'm being sued by Second Round Sub, LLC in the Superior Court for the State of Washington in Pierce County (where I live). They are a JDB headquartered in Austin, TX. They are affiliated with Second Round LP, and also Third Round. I was pocket served (No case number, not yet filed in court and legal in WA) in person by hand-delivered Summons and Complaint, last Sunday, 3/31/19, alleging Breach of Contract, Account Stated, and Unjust Enrichment. They are represented by Machol & Johannes, LLC out of Bellvue, WA. Their primary attorney for Second Round cases in this venue is Ashley Bittner. They are seeking $2,2xx.xx and costs of this action, plus any other relief deemed equitable and just by the court for a Care Credit debt they purchased from Synchrony Bank (Formerly GE Capital Retail Bank). The amount listed as charged off on my credit report is $2,2xx (matches, minus the change which is not listed) and was charged off in March of 2015 with a last payment date of Sep. 2014. According to Synchrony Bank, the account was sold to Second Round LP on 12/16/2017. The original account is still listed on my credit report and was updated to transfered or sold status, with an updated $0 balance in Jan of 2018, which is the date of last report. I was alerted of Second Round reporting the debt to Experian on 3/20/2018. I opened a dispute with Experian challenging ownership of the account the following day 3/21. On 3/31, the results of the dispute were returned by Experian as "Updated." The collection was still on my report, but Second Round had added a line stating that I disputed the account. On 4/16/18, the collection account was removed by Experian at the request of Second Round. I do not recall if I sent a DV letter to Second Round, so I will assume at this time I did not. I am aware of my 20 day clock to answer the complaint that started on 4/1. To date, I have not sent Notice of Appearance in the lawsuit nor my answer to the complaint. I am trying to determine my strategy before doing so, I have pulled several case documents from their similar suits in the same venue. I saw a few Motions for Dismissals followed by Dismissal with Prejudice, so I thought I might get to see what was used as defense in those cases. Unfortunately, every motion for dismissal was filed by the plaintiff, which leads me to believe the defendant paid up before the trial on merit. All of their wins come from default judgements, or stipulated judgements, in which a payment arrangement was made and not adhered to by the defendant thereby envoking the clause of the agreement that allows for automatic judgement in that event. I have not yet find an instance where a defendant's answer was even documented. The complaint in my case, and every other complaint by them I've researched thus far, reads as follows: The Plaintiff, SECOND ROUND SUB, LLC., as purchaser or assignee of the Defendants' credit account with Synchrony Bank/Care Credit, or any other asignee that may have or have had interest in the Defendants' said credit account, or any interest in any obligation relating to such credit account alleges: The Plaintiff, SECOND ROUND SUB, LLC is duly qualified to bring this action. That the Defendants named above reside or do business within the jurisdiction of this Court. FIRST CAUSE OF ACTION: BREACH OF CONTRACT 3. That the Defendants made purchases of goods or services on credit on an account with Synchrony Bank/Care Credit (Plaintiff's Assignor). 4. That the defendants made payments for the purchasesmade on crediton the account with the Plaintiff's Assignor. 5. That the defendants are indebted to the Plaintiff for the balance owed on the account with Plantiff's Assignor. 6. By using said account, the Defendants became bound to the duties and obligations as set forth in the terms and conditions of the account. 7. That although the demand for payment has been made, payment has not been forthcoming, the Defendants are in default, and there is now die and owing the sum of $2,2xx.xx as of July 12, 2018 SECOND CAUSE OF ACTION: ACCOUNT STATED 8. As a result of services provided by the Plaintiff's Assignor at the Defendants request, the Defendants established an account with the Plaintiff's Assignor. 9. The Plaintiff's Assignor sent statements to the Defendants which set forth the activity on this account and the balance owed. 10. The Defendants made payments on the account but they are now in default for failing to make those payments as they became due and qwing. 11. The Plaintiff's Assignor accelerated the amounts due and owing on the account and the amount owing from the Defendant's is set forth in paragraph 7 above. THIRD CAUSE OF ACTION: UNJUST ENRICHMENT 12. The Defendants have failed to pay for the services they requested and recieved from the Plaintiff's Assignor and as a result they have been unjustly enriched. 13. The amount of this unjust enrichment is as set forth in paragraph 7 which is the reasonable value of the services provided. 14. The Defendants, in equity, should be required to pay the Plaintiff the sum set forth in paragraph 7 above. WHEREFORE, the Plaintiff prays for Judgment against the Defendants, ME, in the sum of $22xx.xx and costs of this action, plus any other relief deemed equitable and just by the court. In all of their filed Motions for Default Judgement in other cases they have filed, they include the following: They include Relief Requested, in which they ask for the charged off amount, plus $240 filing fee, plus $50 fee for process service, plus $40 for Ex parte filing fee. They do not seek attorney fees or interest. They include the typical statement of facts stating that the defendant was served and failed to respond, alomg with the Statement of Issues, Evidence Relied Upon (Records and files herein, including Affidavit of Service), and Authority (Civil Rule 55). They include a notarized Affidavit of Account Balance, almost (if not) alwayssigned by Larry C. Vasbinder, sometimes with the title of Manager and sometimes with the title of CEO for Second Round, Affiant and Agent for the plaintiff. This is the familiar affidavit that isn't worth the paper its printed on. They are always signed by Larry and the same notary public in TX. I'm no handwriting expert, but I have noticed Larry's signature varies greatly across each affidavit he supposedly signs. Either way, It is my understanding that the only time this affidavit flies is when it is not objected to. In Some cases, (not present in all filed motions) they include a notarized Affidavit of Sale from the original creditor, including in some cases where that creditor is Care Credit/Synchrony Bank. The affidavit states the following: The affiant is an Affidavit Documentation Specialist at Synchrony Bank, formerly known as GE Capital Retail Bank. On June 2nd 2014 GE Capital Retail Bank formally changed its name to Synchrony Bank ("Bank"). Bank is the issuer of the relevent transaction/credit card. I have reviewed the information regarding the debt [last 4 of account] (the "Account") made by [Name] (the "Debtor") made payable to Synchrony Bank and subsequently sold to Second Round Limited Partnership. The amount owed on the account on 12/16/2017, $Amount, was sold to Second Round Limited Partnership and is reflected in the system of Synchrony Bank formerly known as GE Capital Retail Bank. It is then signed by Shannon Freeman, with the title Media Representative as well as the notary public and dated 12/28 2018. I used this as an example becasue the 12/16/17 date matches when my debt was sold. They include a Bill of Sale titled BILL of SALE, Second Round (SCRC) - Cease and Decist Bulk - December 2017. This bill of sale reads: For value recieved and in further consideration set forth in the Accounts Purchase Agreement (the "Agreement) dated as December 4th, 2017, by and between Synchrony Bank formerly known as GE Capital Retail Bank, RFS Holding LLC and Retail Finance Credit Services, LLC., ("Seller") and Second Round Limited PArtnership ("Buyer"), Seller hereby transfers, sells, conveys, grants, and delivers to Buyer, its successors and assigns, without recourse escept as set forth in the Agreement, to the extent of its ownership, the Accounts as set forth in the Notification File (as defined in the Agreement), delivered by Seller to Buyer prior to such Purchase Date, and as further described in the Agreement. ----- No individual accounts are listed anywhere and the "Agreement" is not attached. There are three signature lines, one for Synchrony Bank, one for RFS Holdings LLC, and the last for Retail Finance Credit Services. All three are signed by Ken Wojcik, listing his titles as SVP Collections and Recovery under the Synchrony line, and Attorney in Fact for the other two. They include another Bill of Sale between themselves (Second Round LP and Second round Sub) titled Bill of Sale and Assignment and it reads: Second Round Limited Partnership of Austin, Texas ("Seller"), for value recieved and pursuant to the terms and conditions of Account Purchase Agreement dated December 16, 2017 between Seller and Second Round Sub, LLC of Austin, Texas ("Purchaser"), hereby assigns, effective as of this date, December 16,2017, all rights to purchaser, title and interest of Seller in and to those Accounts described herein, attached hereto, and made part hereof for all purposes. Description of portfolio or package: [No description is given and nothing is attached. There is no page number indication anything should follow or is missing, just a blank space]. There are two signature lines, one for Buyer and one for Seller. It appears Larry C. Vasbinder signs as Manager for Second Round Sub on the buyer line and on the seller line is an unknown signature (there are no printed names for either signature) with a title of Second Round LP Treasurer. They include a one page charge off statement. They include a one page last payment statement. They include their WA State business license info They include the Affidavit of Service I am not in posession of the original signed contract (and Im sure they are not either), but I have been able to locate several revisions of the Care Credit contract between 10/2011 and present and all of them include an arbitration clause. Again, I'd much rather beat them in the courtroom if I have a shot. The different revisions of the Care Credit contract can be found by searching 182-077-00. I learned that in this forum, so thanks for that! Quote Link to comment Share on other sites More sharing options...
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