To fully answer your question, I'm retyping everything from the case for my assignment support. Here is all the language summons. 1=Assignment Contract, 2=all bullet points of the charges against me(they never included the contract they refer to in exhibit) My objective, is to have the Delaware statute of limitations rule over the state of illinois statute of limitation, because with the Delaware statute, it has passed, but with Illinois statute, it has not passed. To their summons, I replied not guilty.
BILL OF SALE & ASSIGNMENT OF LOANS:
a. In consideration of the payments made pursuant to the agreement and such other good and valuable consideration, the receipt and legal sufficiency of which are hereby acknowledged, seller does hereby sell, transfer, convey, assign and deliver to purchaser all of seller's right, title and interest in and to each and all of the loans, as included on the electronic file referenced in schedule 1 of the loan agreement, without recourse and without representation or warranty of any type, kind, character or nature, express or implied, except as specifically provided in the agreement, and subject to Buyers repurchase rights as set forth in sections 8.1 and 8.2 of the agreement.
b. Purchaser hereby accepts such sale, transfer, conveyance, assignment, and delivery of the loans, including without limitation the right to all principal, interest or other proceeds of any kind with respect to the loans remaining due and owing as of the cutoff date applicable to such loans.
c. Nothing in this bill of sale and assignment of loans shall be deemed to modify, limit or amend any of the rights or obligations of purchaser or seller under the agreement. This bill of sale shall inure to the benefit of, and be binding upon, the respective successors and assigns of Seller and Purchaser and shall be governed by and construed and interpreted in accordance wtih the agreement and the laws of the state of Delaware, without regard to such state's principles of conflicts of law.
d. This Bill of Sale may be executed by facsimile or electronic transmission in multiple counterparts, each of which shall be an original, but together shall constitute one and the same instrument.
IN WITNESS WHEREOF, each party, through its duly authorized officer, has caused this bill of Sale and Assignment of Loans to be executed in their name this 19th day of July, 2012.
Seller/assignor: FIA card Services, NA Debra Pellicciaro Vice president Buyer/Assignee, CACH, LLC, Lilteath Sampson, CFO
Bank of America, asset sales, Deerfield, IL 655 Paper Mill Road, Newark, DE 19711
MY NOTES: 1.the contract they make reference to has not been presented, so I have not been presented with anything from the original contract. Not sure what Delaware statute you're referring to, I meant the statute of limitations. They filed suite on 3.21.13, court plea date was not until 4/19/13. I don’t know what the statute requires, summons date, response date, court date, etc.
PER THEIR SUMMONS, HERE ARE FOLLOWING CHARGES:
COMPLAINT, BREACH of UNWRITTEN CONTRACT:
1. plaintiff is a foreign LLC registered to conduct business in state of Illinois
2. Defendant is an individual believed to be a resident of Dupage county, Illinois at the commencement of this cause and venue is proper in the circuit of court of dupage county, Illinois
3. that on or about 2/4/08, a credit card was issued by Bank of America, NA. The credit card was designated by account # xxxxxx4135
4. That defendant received and used (or authorized the use of) the card and thus became obligated to pay for charges incurred with the card.
"Credit card obligations are subject to contract, through the offer and acceptance aspects of credit card law differ somewhat from other types of contracts. The receipt of an application in the mail and return of the application to the credit card company does not create a contract, nor does the issuance of the credit card by the credit company to the cardholder. A credit card holder does not provide consideration of the extension of credit simply by providing information to the card issuer. The issuance of a card by a credit card company is nothing more than an offer to extend credit. No obligation is imposed upon either the cardholder or the card issuer until such time as a purchase is made. It is the use of the credit card which creates the contract whereby the credit card company promisees to pay the obligation incurred by use of the credit card. The card holder in return promises that they will pay to the credit card company the charges incurred in these transactions". See garber v harris trust & savings bank, 104 ILL. App 3d 675, 432 N.E. 2nd 1309, 60 ILL.Dec.410(ILl App.Ct.1982).
5. That defendant defaulted on his/her obligation to make payments on the credit card account and the account was subsequently charged off to profit and loss by Bank of America, NA. resulting in the balance due plaintiff of $10,075.85 as stated in the attached Plaintiff's account information report.
6. That Plaintiff, CACH, LLC, became owner of the charged off account by virtue of a purchase entered into by Plaintiff and its predecessor(s) in interest.
7. That all credits and payments have been properly applied. Defendant is not entitled to any additional credits or set offs on the account of any kind and the balance set forth herein is currently due and owing.
8. That demand has been made on Defendant to pay the balance due and owing by Plaintiff's counsel and said demand for payment has been refused.
CACH, LLC prays that this honorable court enter an order granting the following relief:
a. Judgement be entered in favor of Plaintiff and against defendant
b. that costs of suit be awarded plaintiff
c. any further relief that this honorable court deems is fair and equitable.
------------------------------------NOTE FROM ME: not, statute of limitation I think applies to credit card debt, unwritten contracts but they're saying its a written contract, due to its use..hopefully thats not true as well.