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CC suit: "not paid ANY or all of amount owed"

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    CC suit: "not paid ANY or all of amount owed"

    A claim has been made on an OC 'accounted stated' cause of action wherein:

    "...has not paid any or all of the amount."

    Not paid ANY amount of the amount owed?

    If I was paying the minimums, then surely i was pay SOME of the balance due.

    If i hadnt paid any of the balance, then what were the payments for?

    Is this a mistake on their part? And if so, dont they have to prove ALL their claims to win?

    update: hrm, seems the 'or' covers them on both ends here. rats!
    Last edited by bornfree2; 05-05-2021, 07:31 PM.

    #2
    It says "any or all" of the payments. There have been similar cases where foreclosure attorneys have honed in on similar language in lawsuit contracts. The Supreme Court of Florida ruled that the language is okay.

    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    I am not an attorney. Any advice provided is not legal advice.

    Comment


      #3
      Originally posted by justbroke View Post
      It says "any or all" of the payments. There have been similar cases where foreclosure attorneys have honed in on similar language in lawsuit contracts. The Supreme Court of Florida ruled that the language is okay.
      yeah, they know exactly what they are doing. the 'open book' and 'account stated' provisions and ruled cases are so strong there appears to be no real defense against them. im surprised a BK can even wipe out CC debt (supposedly)

      Comment


        #4
        Au contraire mon ami, bankruptcy doesn't wipe out debt.

        Bankruptcy removes the personal responsibility to pay the debt (known as in personam). The debt actually still exists. The creditor will usually (or already has) written it down in their books (charge off). They are simply no longer allowed, in any manner, to do anything to collect that debt. This is enforced through the permanent discharge injunction. (The code doesn't prohibit the debtor from paying any of the discharged debt. It only strongly prohibits the creditor from taking any action to pursue the debt.)

        This is why a mortgage company can still foreclose upon a property. The Promissory Note is not extinguished by the bankruptcy. Only the personal responsibility of the discharged debtor to pay the note is extinguished. The Deed of Mortgage or Deed of Trust, allows the creditor to foreclose because that remains untouched by the bankruptcy. Foreclosing against the property, and not going after the debtor themself, is known as in rem (against the property).
        Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
        Status: (Auto) Discharged and Closed! 5/10
        Visit My BKForum Blog: justbroke's Blog

        I am not an attorney. Any advice provided is not legal advice.

        Comment


          #5
          Originally posted by bornfree2 View Post
          A claim has been made on an OC 'accounted stated' cause of action wherein:

          "...has not paid any or all of the amount."

          Not paid ANY amount of the amount owed?

          If I was paying the minimums, then surely i was pay SOME of the balance due.

          If i hadnt paid any of the balance, then what were the payments for?

          Is this a mistake on their part? And if so, dont they have to prove ALL their claims to win?

          update: hrm, seems the 'or' covers them on both ends here. rats!
          I didn't understand, are you getting sued over credit card debt after you filed bankruptcy and they won?

          Comment

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