RAMBO7 Posted June 7, 2021 Report Share Posted June 7, 2021 1. Who is the named plaintiff in the suit? BOA 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Cooling/Winter 3. How much are you being sued for? ~6000 4. Who is the original creditor? (if not the Plaintiff) BOA 5. How do you know you are being sued? (You were served, right?) served 6. How were you served? (Mail, In person, Notice on door) in person 7. Was the service legal as required by your state? yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? demand letter 2/18/2021, lawsuit filed 4/2/2021 9. What state and county do you live in? FLORIDA/BROWARD 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) > 180 days ago 11. When did you open the account (looking to establish what card agreement may be applicable)? 2015 Sued in Florida small claims. I haven't done any responsive pleading or anything because I don't have to according their rules of civil procedure. Doesn't mean I won't, I'm just not on a time crunch and getting all ducks in a row because preliminary hearing is mid August. Cooling and Winter is using "implied" account stated to try and collect the debt and maybe breach of contract but the first part of the complaint is very vague. They attached only 2 statements to the complaint, one from January 2020 and the other from January 2021 (I'm assuming the 2020 one is because that's the last time i used the card). The January 2021 is claimed as the last periodic statement sent before charge off. Interestingly, they sent me a year end summary statement on February 2nd. My question is whether an account stated claim needs a statement post charge off with the final accounting or however something like that is phrased to prevail. Using a statement while the account is open that shows the date minimum payment is due and whatnot wouldn't create a "new" contract under an account stated theory no? I hope that made sense Quote Link to comment Share on other sites More sharing options...
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