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Help!! Sued by Midland Funding LLC in Ohio claiming unjust enrichment!

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asse0208:


  Hi,

  I need to file an answer to the suit filed by Midland Funding LLC by the end of today and I am at a loss as to how to respond to unjust enrichment claims. I was going to file a motion for a more definite statement at first but I'm not sure if this is an option when the JDB claims 'unjust enrichment'. I just started researching this and it sounds like they claim 'unjust enrichment' specifically to say that they do not have any documentation to provide as proof.

I responded to the allegations but am stuck when it came to Count II: Unjust Enrichment. Below is what the filing contains under this heading.

8. Plaintiff incorporates by reference herein, each allegation set forth above.

9. Defendant (s) promised to repay the entire unpaid balance on the credit card account promptly upon receiving monthly periodic billing statements, but failed to do so.

10. Defendant (s) knowingly retained the benefits derived from the use of the credit card account, without having repaid the balance outstanding on the credit card account.

11. Retention of the benefits conferred upon the Defendant (s) under these circumstances would be unjust without requiring the Defendant (s) to make payments for the same.

12. Defendant (s) has/have been unjustly enriched in the amount of the outstanding balance set forth above, as Defendant (s) knew or should have known that the credit was not being provided gratuitously.

Wherefore, Plaintiff prays for judgment against Defendant (s)...


I'm not sure how to respond to this. Please help if you can. Thank you all very much in advance.

trick:
If it where me Id ask for a more definite statement and specifically address what you need to know.  Id also ask if there was an arbitration agreement in the contract.

E. Normis Debtor:
An OC could make a better case for unjust enrichment than could a JDB. 

A necessary element to prevail on a claim of unjust enrichment is that the claimant was impoverished to the extent of your enrichment.  A JDB cannot prove that element.

KFMAN:
See JDB chain of Custody and Arbitration section.

E. Normis Debtor:
Those are good reads.

Important to note, however, a claim of unjust enrichment really has nothing to do with the chain of title; that would be a separate defense as to standing.

Assuming they have standing to sue, they stand in the shoes of the OC, and are entitled to whatever benefits the OC was entitled.

However, because they are not suing for the benefit of the OC, the entity that was impoverished, and because they did not share in the OC's loss, they can't seek relief in equity from a court on that basis.  And, that's what an unjust enrichment claim is; equitable relief.

I know there have been cases in FL where JDB's have prevailed on claims of unjust enrichment, but I think they are exceptions rather than the rule.

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