Suing Your Creditors > Sample Pleadings

Help me to answer the summon I receive..

<< < (3/4) > >>

piggy:
Thanks again for your response..I was confuse the language on the complaint..claim I bleach contract then inside the paragraph say agreements..no agreements or contract was attached..yes, I will not want to correct their mistake..

I already search the Quantum Meruit for couple days..I will continue the search and let you know what I find..I will work on the other suggestion you listed..thanks..piggy

--- Quote from: howucantoo on April 20, 2012   04:14:39 PM ---Credit card is a contract/agreement. I would rather the suit be on contract than open account or account stated.

Contract must have been attached or at least some sort of a documentation like affidavit should have accompanied the summons/complaint.

BTW, I would not correct my opponent's mistakes on how the account was presented in the complaint.

I'd research Quantum Meruit  in Google search to find the legal definition.

I'd read OR RCP to get familiar with the court rules.

As mentioned it is important to read  "Chain of custody" in "Flyingfr's credit repair".

I'd read arbitration stickys to file a Motion to compel arbitration if necessary to kick the case out of the court. JDB will not follow in JAMS.

When was the account opened and when did you default? Checked your credit reports?

In court you must present filings in a double spaced format just like my post , the court will toss your paper work out if not properly formatted.

--- End quote ---

howucantoo:
Legal definition :

Quantum meruit

: (kwahn-tuhm mare-ooh-it) n. Latin for "as much as he deserved," the actual value of services performed. Quantum meruit determines the amount to be paid for services when no contract exists or when there is doubt as to the amount due for the work performed but done under circumstances when payment could be expected. This may include a physician's emergency aid, legal work when there was no contract, or evaluating the amount due when outside forces cause a job to be terminated unexpectedly. If a person sues for payment for services in such circumstances the judge or jury will calculate the amount due based on time and usual rate of pay or the customary charge, based on quantum meruit by implying a contract existed.

Fighting Irish:
If you have pre-paid legal, tell them that this lawsuit is from someone who doesn't have the testimony to prove that they own the debt, and that you expect them to provide you with a good consumer attorney.

The fact that English is your second language is no excuse for taking your money and not providing the representation you paid for.

You can write shorter, to the point, sentences here. It will be easier, both for you to type with your limited sight, and for anyone who might help you to read.

creditdeletion:
The very first thing you need to do is see if the debt is collectable in your state first. Example I had a medical debt that was done 2007 but Here in Texas the SOL on collect is 4yrs. Oregon is: Oral Contract: 6 years Written Contract: 6 years Promissory Note: 6 years Open-Ended Accounts: 6 years

If you are within this time line then its time for you to pick them apart. Look at your credit reports and find violations against them.

Admin0619:

--- Quote from: piggy on April 20, 2012   06:25:25 PM ---Thanks again for your response..I was confuse the language on the complaint..claim I bleach contract then inside the paragraph say agreements..no agreements or contract was attached..yes, I will not want to correct their mistake..

I already search the Quantum Meruit for couple days..I will continue the search and let you know what I find..I will work on the other suggestion you listed..thanks..piggy

--- End quote ---

A sentence ends in a period, not ellipsis.

Please use them.

Navigation

[0] Message Index

[#] Next page

[*] Previous page

Go to full version