This is the content of the complaint:
Upon information and belief, Defendant(s), [Name] and John Doe [Name], wife and husband, are residents of Pima County, Arizona. At all times material hereto, Defendant(s), [Name] and John Doe[Name], wife and husband, were acting on behalf of and for the benefit of the marital community, if any. Plaintiff alleges that obligations of all individual Defendants are both community and separate obligations and that all obligations with respect to the debt at issue in this case are joint and several. Defendant Does are fictitiously named because the true name is unknown to Plaintiff at this time. This Complaint may be amended if the true names are ascertained.
This Court has legal authority over the subject matter of the claim presented herein and over the above-named Defendants.
Plaintiff is a limited liability company duly organized and existing under the laws of the State of Colorado. Plaintiff is the owner of the credit card account ("Account") at issue in this Complaint and is the real party of interest.
Plaintiff alleges 'that Defendant(s) are personally liable for all charges and interest incurred on the Account which is the subject of this Complaint. Plaintiff reserves the right to amend this Complaint as discovery progresses or new information comes to light.
The original creditor, known as BANK OF AMERICA, N.A. (SUCCESSOR-IN-INTEREST TO FIA CARD SERVICES, N.A., FORMERLY KNOWN AS MBNA AMERICA BANK, N.A.), issued a credit card to Defendant(s), account number ****-****-****-****. Defendant(s) received and used, or authorized the use of, the credit card and thereby became obligated to pay for the charges incurred with the credit card. Defendant(s) defaulted on the obligation to make monthly payments on the Account, and the credit card was subsequently canceled. The entire balance on the Account is presently due and payable in full.
Plaintiff purchased the Account and has been assigned all rights thereunder, including the right to collect the Account from Defendant(s). VII. Plaintiff's predecessor in interest sent to Defendant(s) a final statement of account ("account stated") based on DefendantP(s) use of the above referenced credit card. A true and accurate copy of the account stated is attached hereto as Exhibit A and is incorporated herein by reference.
The account stated shows a balance of $20,000. The account stated was received by Defendant(s) and not objected to within a reasonable time period. Retention of the account stated by Defendant(s) without objection for more than a reasonable time implies consent by the Defendant(s) to the statement's correctness. Retention of the account stated by Defendant(s) without objection for more than a reasonable time implies a promise to pay the balance. IX. After all payments, credits, and adjustments made to the account, the current amount of $20,000 is presently past due and owing.
Plaintiff has made all demands and performed all other acts necessary to mature said claim against Defendant(s) which the Defendant(s) has neglected and failed to pay. XI. Plaintiff, if successful, may be entitled to recover its reasonable costs pursuant to A.R.S. § 12-341 and the Court is authorized to award the prevailing party its costs.
WHEREFORE, Plaintiff prays for Judgment to be entered in favor of the Plaintiff and against each of the Defendants as follows:
A. For the current amount of $20,000.
B. For Plaintiffs costs incurred herein and for Post-Judgment interest at the legal rate from the date of Judgment until paid.
C. For such other and further relief as the Court may deem just and proper