Suing Your Creditors > Sample Pleadings

Help me to answer the summon I receive..

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piggy:
Hi, I have finished reading all the link you sent..yes, LVNV funding is one of the topic you sent me..interesting..they do not want to do the dirty work but hire other to do it for them..

As you can see on the complaint I post..first claim is bleach of contract..but the attorney use agreement in paragraphs.. attorney even have two #5 instead of 5 & 6..I read it for so many times and did not recall open account inside the complaint..the second claim is the one I have problem with..Quantum Meruit--I search on line it say have to be under contract..since the credit card is an open end account so this should not apply to it..but I do not know what wording to use..I saw someone asking about this too..do you think I should use the credit card is an open end account, not a contract..any thought on this or where you see other posting related to this..

I just receive the summon and 3 pages of the complaint..that's all..nothing else..thanks for the help..
--- Quote from: howucantoo on April 20, 2012   04:11:02 AM ---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 ?

--- End quote ---

Admin0248:
Please use period and paragraph breaks in appropriate places.  If you make you post look like something people will read, they may read it.

The more that you show that you are willing to make the effort to make your material readable, the more likely it will be that you receive a response.

Thank you for your cooperation.

KFMAN:
Do you know what a JDB is?

Have you read Throwing your creditor out of court?

Do you know what Chain of Custody is?

howucantoo:

--- Quote from: piggylu on April 20, 2012   06:29:11 AM ---Hi, I have finished reading all the link you sent..yes, LVNV funding is one of the topic you sent me..interesting..they do not want to do the dirty work but hire other to do it for them..

As you can see on the complaint I post..first claim is bleach of contract..but the attorney use agreement in paragraphs.. attorney even have two #5 instead of 5 & 6..I read it for so many times and did not recall open account inside the complaint..the second claim is the one I have problem with..Quantum Meruit--I search on line it say have to be under contract..since the credit card is an open end account so this should not apply to it..but I do not know what wording to use..I saw someone asking about this too..do you think I should use the credit card is an open end account, not a contract..any thought on this or where you see other posting related to this..

I just receive the summon and 3 pages of the complaint..that's all..nothing else..thanks for the help..

--- End quote ---

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.

piggy:
Thank you for your suggestion and reply..I have cataracts on both eyes ..the doctor upgrade my contact lense to help me see better..I wear -12 & -11 and only have 20/20 version..I do not have insurance and the surgery cost thousand of dollars.one of my eyes is pretty close to blindness and need to do the surgery ASAP according to the doctors I seen last year..

I am sorry if I do not leave enough space between paragraph for easy reading..I do at least 6 hours a day on internet searching ever since I been served two weeks ago..I do not want my cataract get worse and prevent me from fighting the JDB..[

quote author=Admin0248 link=topic=20528.msg166580#msg166580 date=1334928635]
Please use period and paragraph breaks in appropriate places.  If you make you post look like something people will read, they may read it.

The more that you show that you are willing to make the effort to make your material readable, the more likely it will be that you receive a response.

Thank you for your cooperation.
[/quote]

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