Suing Your Creditors > Sample Pleadings

Help me to answer the summon I receive..

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piggy:
Is anyone can help me with the wording..my American dream now becomes a nightmare when I was serve a summon a week ago..I search on internet and read the post for over 2 hours and can only use 1-2 answer from other post...I got the defense from the post..Thank God, I am half way done..English is not my first language and with the legal jargon ..it gets really confusing..

=Plaintiff asserts the following claims for relief against Defendant

1. Jurisdiction and venue are proper. Plaintiff is a lawfully organized business engaged in interstate commerce. Defendant resides in the county in which this action has been filed.
FIRST CLAIM FOR RELIEF
(Breach of Contract)

2.Defendant was indebted to xxxxxxxxxxxxBOA(herein after 'Original Creditor') for credit extended to Defendant. Under the terms of the agreement between the Original Creditor and Defendant, Defendant acquired merchandise, services, and/or cash advances through the credit provided by the Original Creditor. The Original Creditor performed it's Obligations to Defendant by providing the credit agreed.

3.The Original Creditor mailed statements to Defendant, showing all charges, credits,payments,fees and finance charges incurred during each preceding month while Defendant credit ("Account") was open. Defendant did not object or otherwise dispute said statements within the time prescribed by 15 U.S.C. 1666. The Original Creditor and Defendant thereby established stated balance of Defendant's Account.

4.Defendant agreed to make payments on the Account. Defendant breached the agreement with the Original Creditor by failing to make all payments as agreed. Such breach of agreement caused the Original Creditor to suffer damages in the amount of $xxxxxxxxx less any payment made. Upon default Defendant, the Original Creditor requested full payment of the Account balance.

5.Plaintiff acquired the Account from the Original Creditor or its lawful successors-in-interest through a valid purchase and assignment. Under Oregon Law, Plaintiff has full right to collect on the Account in accordance with all the terms and conditions of the Agreement.

6.As part of the Agreement, Defendant agreed to pay all court costs and attorney fees incurred in enforcing the Agreement.Further, more than ten days before filing this action, written demand was made on Defendant for payment of all sums due, but the balance remains unpaid. Accordingly, Plaintiff is entitled to reasonable attorney fees under ORS 20.082, as applicable, as well as under the agreement.

7.As part of the Agreement, Defendant agreed to pay interest on the amounts borrowed. The applicable rate is 9.00%, as specified in the terms of the Agreement:or, if the Agreement rate is found not to apply, as provided by ORS 82.010.

SECOND CLAIM FOR RELIEF
(Quantum Meruit)
SECOND CLAIM FOR RELIEF
(Quantum Meruit)

8.IN THE ALTERNATIVE,Plaintiff pleads a claim of Quantum Meruit. Plaintiff incorporates into this claim paragragh 1. Principles of equity also require Defendant to pay for the benefit conferred on the Defendant by the Original Creditor's extension of credit. Defendant was fully aware of the benefit received. Under the circumstances, it would be unjust to allow Defendant to retain this benefit without requiring Defendant to pay the value thereof.

WHEREFORE, Plaintiff prays for judgement against Defendant for the following amounts:

1 The Account balance of $xxxxx less any payments made

2. Interest, both prejudgement and post judgement, at 9.00% per year until paid.

3. Reasonable attorney fees and court costs.

4. Any other relief the Court deems just and equitable.
Quote

nobk4me:
Sounds like the plaintiff is a Junk Debt Buyer, or JDB.  Read up on JDBs on this site.

howucantoo:
Yes it is.

I would definitely read arbitration stickys.

What state ?

What's the return date? (Your deadline for filing answer )

I would answer with general denial, then motion to compel arbitration and watch JDB scream bloody Mary.

Read,  please be aware these links are only to educate , not legal advice :

http://www.debtorboards.com/index.php/topic,2536.15.html 

http://www.debtorboards.com/index.php?topic=11546.0   

http://www.debtorboards.com/index.php?topic=12347.0   

http://www.debtorboards.com/index.php/topic,12.0.html    (making Yourself Judgment proof)

http://www.debtorboards.com/index.php/topic,11899.0.html       (MTC/MTD)

http://www.debtorboards.com/index.php/topic,10980.msg90292.html#msg90292   (BOA agreement)

http://www.debtorboards.com/index.php/topic,11262.15.html 

 http://www.debtorboards.com/index.php/topic,11852.msg86083.html#msg86083  (MTC)

http://www.debtorboards.com/index.php/board,116.0.html     (FDCPA& FCRA)



piggy:
Hi, Thanks..I will look into the information and let you know if I have further questions..I have pre-paid legal membership but the attorney say I do not have defense for them to representing me since I am the person owe the original BOA credit card debt and they will refer me to another attorney for the answer/defense..I am in OR and I have till the 1st of May to response..all the sample answer I read on the board were different from mine..I sent a validation letter to the LVNV Funding 2 days before I been served..till now, I haven't receive anything from them to validate the debt..Johnson Mark LLC is the law firm file the summon/complaint..how do I look up whether the LVNV funding are license and can collect the debt in the state of Oregon?


--- Quote from: howucantoo on April 19, 2012   08:19:09 PM ---Yes it is.

I would definitely read arbitration stickys.

What state ?

What's the return date? (Your deadline for filing answer )

I would answer with general denial, then motion to compel arbitration and watch JDB scream bloody Mary.

Read,  please be aware these links are only to educate , not legal advice :

http://www.debtorboards.com/index.php/topic,2536.15.html 

http://www.debtorboards.com/index.php?topic=11546.0   

http://www.debtorboards.com/index.php?topic=12347.0   

http://www.debtorboards.com/index.php/topic,12.0.html    (making Yourself Judgment proof)

http://www.debtorboards.com/index.php/topic,11899.0.html       (MTC/MTD)

http://www.debtorboards.com/index.php/topic,10980.msg90292.html#msg90292   (BOA agreement)

http://www.debtorboards.com/index.php/topic,11262.15.html 

 http://www.debtorboards.com/index.php/topic,11852.msg86083.html#msg86083  (MTC)

http://www.debtorboards.com/index.php/board,116.0.html     (FDCPA& FCRA)

--- End quote ---

howucantoo:
LVNV is like octopus wide and ugly!

Google OR's Secretary of state for Business license /registered agents.

These are all affiliates of LVNV

LVNV Funding, LLC
DBA/ Resurgent Capital Services, LP
Dba/ Alegis Group, LLC
Aka/ Sherman Financial Group, LLC
aka/Pinnacle Financial Group
 
Fka/ Sherman Acquisitions
Aka/FNBM, LLC
Aka/Ascent Card Services
Aka/Ventus Capital Services
Aka/Performance Recovery Group
Aka/Receivables Management Solutions

Bank of America Building
200 Meeting St., Suite #206
Charleston, SC 29401-3187       15 South Main Street, #600
                                                           Greenville, SC 29601
 

 
What is the complaint based on?
1) Contract
2) account stated
3)open account

Any other paperwork ?

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