Suing Your Creditors > Sample Pleadings

Sued by Midland Funding LLC in Ohio.

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jas67:
HI I am in Ohio as well and being sued by LVNV Funding.  I have posted in this forum and am looking for advice.  I just got a Trial Assignment letter after receiving and answering a complaint.

When I got the complaint, attached was an account summary and it states it is not from the OC. 

You mentioned that the claim may be defective as it didn't include the original contract?  They didnn't include that. In fact the OC is listed as Wells Fargo however they are not the first OC, Capital One was.  And the contract was with the car dealership and not either Cap One or WF.

Any help would be appreciated.  Please go to my post and read.

Thanks.

cgoodwin:
They can file an action based on "account stated". They are not required to attach the "original contract", just the instrument that establishes their suit. In your case the statements.

You can still fight, you just need to go a different route than the original poster in the original thread.

jas67:

--- Quote from: cgoodwin on May 27, 2012   11:13:25 AM ---They can file an action based on "account stated". They are not required to attach the "original contract", just the instrument that establishes their suit. In your case the statements.

You can still fight, you just need to go a different route than the original poster.

--- End quote ---

Thanks for your remarks.  I have only received a generic "summary" that specifically states it is not from the OC.  I have not received anything else from the plaintiff.  Should I send a DV letter?

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