Hello all:) i need help with this:(
how can i reply? can i deny the claim? what is my best option? please help, thank you!
Unifund CCR, LLC
, a limited Liab. Co.
1. plantiff is a LLC.
2, each named defendant is a natural person.
3. the true names and capacities of defendants sued as
DOES 1 to 5 are unknown to plantiff. each fictiously named defendant is some way
responsible for the occurances alleged here and proxomately caused plantiffs damages.
4. each named and DOE defendant was acting as the agent or employee of the other defendats.
5. this is a proper court under C.C.P. sections 395a & 395b because a defendants resides in this district. this action is not subject to C.C. 1801 et seq.
6. before filing this lawsuit, plantiff purchaised all rights , title and interest in the obligation upon which this suit is brought and is the sole owner of the account.
7. the above statments apply to the following causes of action.
First Cause of action
- Breach of contract
8. on or about 06-10-08 , CITYBANK, NA and defendfat entered into an agreement for the issuance of a credit card which defendant requested, a credit card now bearing account number ending xxxxxxxxxxxxx7890 was issued to defendant. this cc account granted defendants credit privileges in purchaising goods and services and or receiving chash advances.
9. defendant accepted the written card holder by using the credit card, paymetn for the charges incurred was to be made in accordance with monthly billing statements sent to defendant.
10 on or about 10-29-09 defendant breached the card holder agreement by failing to make monthly minimum payment due.
11. plantiff and the original have performed all of their obligations to defendant except those oblogations plantiff or the original creditor were prevented or excused from performing.
12 plantiff suffered damages legally and proximmately caused by breach of the card holder agreement by defendant by that defendants left due owing the sum of 5003.31 with interest thereon. although demend has been made the amount prayed is due owing and unpaid.
13. pursuant to agreement or statue, plantiff seeks reasonable attorney fees according to proof.
SECON CAUSE OF ACTION - COMMON COUNTS.
14. Defendants and each of them became indepted to the original creditor, CITIBANK, NA within the last four years:
a. on an open book account for money due and
b. because an account was stated by and between the original creditor and defendant in which it was agreed that defendant were indept to the original creditor.
15. plantiff also alleges that each defendant became indept to CITIBANK, NA, within the past four years:
a. for money lent by the original creditor to defendant at defendants request, and
b. for manory paid, laid out and expended to or for defendant at defendants special instance and rquest for the defendants use and benefit.
16. the sum of $5003.31 is due and unpaid despait plantiffs demend, plus prejudgment interest to proof.
wherefore, as to all causes of action, plantiff prays for judgment as follows:
a. Damages of $5003.31
b. interest from and after 04-08-10 according to proof;
c. attornays fees according to proof;
d. costs of suit; and
e. for such other relief as is fair, just and equitable.
verification is attached as well.