American Express is Suing Me

8. March 2010 by admin.

American Express is suing me.

Which I can understand. I was in compliance of my contract while employed, now can only pay the basics to survive.

I know there are a few things that credit card companies do that are unjust but are legal. I can not afford a lawyer and need to write a legal response.

*CAN YOU HELP?*

I know the difference from the law and what is fair, please help me in response to the law. What are my arguments? Did AMEX unjustly benefit from my misfortune in contracted fees?

I do not know. You can email me at markmason@cfl.rr.com or respond here.

IN THE CIRCUIT COURT, IN AND FOR FLAGLER COUNTY, FLORIDA

CASE NUMBER: 09-2809-CA

AMERICAN EXPRESS BANK, FSB

plantiff,

vs.

MARK MASON

defendent

——————————————————————-

COMPLAINT

1) Damages in this action exceed $15,000

2) Plaintiff, AMERICAN EXPRESS BANK, FSB, is a federally charted savings bank (federal Savings Bank) and an FDIC insured financial institution.

3) Defendent is a Resident of FLAGLER County, Florida.

COUNT 1 - BREACH OF CONTRACT

Plantiff repeats and realledges each and every material allegation set forth in paragraph 1 through 3 above and incorporates the same by reference.

4) Plaintiff and Defendant entered into a contract pursuant to which Plaintiff opened a credit card account number 3737-620649-66009 and issued a credit card to Defendant.

5) A true and correct copy of the Agreement applicable to the account is attached hereto as Exhibit “A” and is incorporated herein by reference.

6) Defendant indicated acceptance of the terms of the Agreement (exhibit “A”) by keeping, signing, or using the credit card or credit card account.

7) By failing to make payment on the account, the Defendant breached the agreement. The contract was breached on or about 06/13/09.

As a direct result of Defendant’s breach, Plantiff has been damaged in the sum of $20,114.55 that is due and owing with interest since the date of breach. This balance is subject to increase due to the ongoing accumulation of delinquency charges and interest as provided for by the Agreement(Exhibit “A”).

9) Demand has been made for the amount of $20,114.55 , plus interest. Defendant has failed to pay this amount.

10) The terms of the Agreement (Exhibit “A”) provide that if the Defendant’s account is reffered out for collections to an attorney, the Defendant agrees to pay court and attorney’s fees.

11) Plantiff has retained the servicesof the undersigned law firm to represent it and Plaintiff is entitled to recover reasonable attorney fees pursuant to the Agreement(Exhibit “A”)

12) All conditions precedent to the bringing of this action have been performed, have occurred to contract, as well as any other relief this Court deems just and proper.

COUNT II - UNJUST ENRICHMENT

Plantiff repeats and realleges each and every material allegation set forth in paragraphs 1 through 3 above and incorporates the same by reference.

13) Defendant purchased goods or services with the credit card issued to Defendant causing $20,114.55 to be posted to the Defendants credit card account, as identified in paragraph 4 hereinabove.

14) As a result of the purchase of said goods and services by Defendant, Defendant knowingly and voluntarily accepted the benefits conferred by the Plantiff of receiving those goods or services.

15) Plantiff has demanded payment from Defendant for the sum of $20,114.55, plus interest, but Defendant has failed to pay said sum.

16) Plantiff alleges that it would be uinequitable for Defendant to retain the benefit of the goods or services purchased by the Defendant without paying the Plaintiff for the chaarges Defendant caused to be made to the subject account.

17) The failure of Defendant to pay the Plaintiff the sums due and owing has caused the Defendant to be unjustly enriched at the expense of the Plaintiff.

WHEREFORE, based upon the foregoing, Plaintiff requests this Honorable Court enter a judgement against the Defendant in the amount of $20,11.55, plus interest, costs and any other relief this Court deems just and proper.

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