1) failure to state a claimWhat do you feel your affirmative defenses are?
2) unjust enrichment
1) failure to state a claimWhat do you feel your affirmative defenses are?
They did state a claim.1) failure to state a claim
Why do you think this is an affirmative defense?2) unjust enrichment
1) Failure to state a claim upon which relief can be granted. Plaintiff's Complaint and each cause of action fails to state sufficient facts to constitute a cause of action against the Defendant for which relief can be granted.They did state a claim.
Why do you think this is an affirmative defense?
They did state a claim.1) Failure to state a claim upon which relief can be granted. Plaintiff's Complaint and each cause of action fails to state sufficient facts to constitute a cause of action against the Defendant for which relief can be granted.
That is not an affirmative defense in your case.2) Defendant alleges that granting the Plaintiff's demands in the Complaint would result in Unjust Enrichment, as the Plaintiff would receive more money than plaintiff is entitled to receive.
Your momma is a deadbeat!!! They stated a claim with no sufficient facts for their cause of action. Apparently, you can't read. Don't have time for your insults. Thanks, but no thanks.They did state a claim.
That is not an affirmative defense in your case.
I'm sorry, but it seems that you have no actual defense against owing the money. You are going to lose. You are going to end up paying more money than you would have had you just paid your debt in the first place and not tried to get out of it like a deadbeat.
They stated that you owed money and haven't paid it. That affirmative defense is now shot.Your momma is a deadbeat!!! They stated a claim with no sufficient facts for their cause of action. Apparently, you can't read. Don't have time for your insults. Thanks, but no thanks.
Paying what you owe would have been an excellent solution.I would really appreciate hearing from expert members who have solutions that challenge these types of cases. Thank you.
Apparently, you're a debt collector that hangs out on this site because you have no life. If I felt like giving my money away to a bottom feeder without a fight, then that's what I would do. I'll take my chances in court. It very obvious that you have no insight - so move on.Paying what you owe would have been an excellent solution.
Here's one that got the "inactive" attorney acting pro se past the first summary judgment. [http://documents.jdsupra.com/f8dbf8e5-fea5-4968-ac02-ba1517a921f4.pdf ] Maybe YAG can read the eCourts file better than I, but it seems this guy won arguing against the summary judgment motion by the plaintiff. Then, a later Motion In Limine by the defendant (I assume it was to exclude the account statements.) was withdrawn and the trial then withdrawn and seems "disposed". I suspect either the lawyers for the card company got scared over litigation (maybe to sell the debt to another before result), or some deal was made at the last moment.I would really appreciate hearing from expert members who have solutions that challenge these types of cases. Thank you.
Again, had you paid what you agreed, when you agreed, then this wouldn't even be a problem, would it?Apparently, you're a debt collector that hangs out on this site because you have no life. If I felt like giving my money away to a bottom feeder without a fight, then that's what I would do. I'll take my chances in court. It very obvious that you have no insight - so move on.
I have a little experience in these matters. Not as a collections attorney and not as a consumer attorney, but as a collections manager and agency executive. I can tell you the unjust enrichment argument is a no go. That was a waste of printer ink.I would really appreciate hearing from expert members who have solutions that challenge these types of cases. Thank you.
Good luck. You are on track to lose handily.Your momma is a deadbeat!!! They stated a claim with no sufficient facts for their cause of action. Apparently, you can't read. Don't have time for your insults. Thanks, but no thanks.
Apparently, you're a debt collector that hangs out on this site because you have no life. If I felt like giving my money away to a bottom feeder without a fight, then that's what I would do.
Thank you so much for replying with competent and relevant information FYI this no game. I am very aware of how this industry operates and forces people to pay debts they are not liable for, double dipping and all. If I didn't believe that your site was a valuable source of information, I wouldn't be here. I get it - Zinger is playing devils advocate...and that's cool.Here's one that got the "inactive" attorney acting pro se past the first summary judgment. [http://documents.jdsupra.com/f8dbf8e5-fea5-4968-ac02-ba1517a921f4.pdf ] Maybe YAG can read the eCourts file better than I, but it seems this guy won arguing against the summary judgment motion by the plaintiff. Then, a later Motion In Limine by the defendant (I assume it was to exclude the account statements.) was withdrawn and the trial then withdrawn and seems "disposed". I suspect either the lawyers for the card company got scared over litigation (maybe to sell the debt to another before result), or some deal was made at the last moment.
I suspect the later, but don't know.
A) All they need to do is notice pleading.1) Failure to state a claim upon which relief can be granted. Plaintiff's Complaint and each cause of action fails to state sufficient facts to constitute a cause of action against the Defendant for which relief can be granted.
2) Defendant alleges that granting the Plaintiff's demands in the Complaint would result in Unjust Enrichment, as the Plaintiff would receive more money than plaintiff is entitled to receive.