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Filing # 124304823 E-Filed 04/05/2021 12:04:00 PM
IN THE CIRCUIT COURT, IN AND FOR MANATEE COUNTY, FLORIDA
CASE NO:
CITIZENS BANK, N.A.
Plaintiff,
vs.
TAYLOR M DEEMER
Defendant.
COMPLAINT
Plaintiff, by and through its undersigned counsel, sues the Defendant TAYLOR M
DEEMER and states the following:
1. Damages in this action exceed $30,000.00.
2. Defendant resides or regularly conducts business in Manatee County, Florida.
3. Plaintiff Citizens Bank, N.A. was formerly known as RBS Citizens, N.A. All
conditions precedent required to bring this action have occurred or have been performed.
COUNT | - BREACH OF CONTRACT
XXX5433
Plaintiff repeats and realleges each and every material allegation set forth in paragraphs
1 through 3 above and incorporates the same by reference.
4. Plaintiff extended an offer to enter into a contract with Defendant.
5. A true and correct copy of the contract (promissory note) applicable to this
matter is attached hereto and incorporated herein by reference.
6. Defendant indicated acceptance of the terms of the contract attached hereto in a
manner indicated by the terms of the contract or other manner recognized by law.
7. For tracking purposes, an account was opened bearing number XXX5433 and
said account was utilized to track payment made by or on behalf of Defendant.
8. Plaintiff fulfilled its obligations pursuant to the contract.
9. Defendant failed to timely pay Plaintiff for goods, services, or money for which
Defendant received benefit.
10. By failing to make timely payment, Defendant breached the contract. The
account was charged off on or about 12/26/17.
52254715
E-Filed with MCCC - 2021CA001356AX- 4/5/2021 12:04 PM - PG 1 of 311. As adirect result of the breach by Defendant, Plaintiff has been damaged in the
sum of $32,680.39 which is inclusive of $31,890.51 in principal, $44.97 in costs, and $944.91 in
interest minus $200.00 for payment(s) and/or credit(s) which have been applied to the account
that is presently due and owing on the account.
WHEREFORE, based upon the foregoing, Plaintiff respectfully requests this Honorable
Court enter a judgment against the Defendant in the amount of $31,890.51 in principal, plus
$944.91 in interest, and $44.97 in costs minus $200.00 for payment(s) and/or credit(s) which
have been applied to the account for a total of $32,680.39 as of March 30, 2021.
COUNT Il - MONEY LENT
XXX5433
Plaintiff repeats and realleges each and every material allegation set forth in paragraphs
1 through 3 herein above and incorporates the same by reference.
12. As of March 30, 2021, Defendant owes the Plaintiff the principal sum of
$31,890.51, plus interest in the amount of $944.91, plus costs in the amount of $44.97, minus
$200.00 for payment(s) and/or credit(s) which have been applied to the account for a total of
$32,680.39 for money lent to Defendant.
WHEREFORE, based upon the foregoing, Plaintiff respectfully requests this Honorable
Court enter a judgment against the Defendant in the amount of $31,890.51 in principal, plus
$944.91 in interest, and $44.97 in costs minus $200.00 for payment(s) and/or credit(s) which
have been applied to the account for a total of $32,680.39 as of March 30, 2021.
COUNT Ill - QUANTUM MERUIT
XXX5433
Plaintiff repeats and realleges each and every material allegation set forth in paragraphs
1 through 3 hereinabove and incorporates the same by reference.
13. Prior to this action, Plaintiff extended credit, loaned money, or provided goods or
services to Defendant.
14. Defendant benefited from extension of credit, money, goods, or services
provided Defendant by Plaintiff.
15. Defendant has failed to pay Plaintiff for the extension of credit, money, goods, or
services.
16. It would be inequitable for Defendant to retain the benefit of the extension of
credit, money, goods, or services received by Defendant without paying Plaintiff for same.
17. The failure of Defendant to pay the Plaintiff for the extension of credit, money,
goods, or services has caused the Defendant to be unjustly enriched at the expense of the
Plaintiff.
52254715
E-Filed with MCCC - 2021CA001356AX- 4/5/2021 12:04 PM - PG 2 of 318. As of March 30, 2021, Defendant owes the Plaintiff the principal sum of
$31,890.51, plus interest in the amount of $944.91, plus costs in the amount of $44.97, minus
$200.00 for payment(s) and/or credit(s) which have been applied to the account for a total of
$32,680.39.
WHEREFORE, based upon the foregoing, Plaintiff respectfully requests this Honorable
Court enter a judgment against the Defendant in the amount of $31,890.51 in principal, plus
$944.91 in interest, and $44.97 in costs minus $200.00 for payment(s) and/or credit(s) which
have been applied to the account for a total of $32,680.39 as of March 30, 2021.
Respectfully submitted,
Jeffrey Kahn, Esq.
Florida Bar #: 0519200
Deryl Hunt, Esq.
Florida Bar #: 0123692
Post Office Box 934788
Margate, Florida 33093-4788
Telephone: (954) 935-6966
Facsimile: (954)935-6975
Primary Email: Service@HuntKahnLaw.com
/s/ Deryl Hunt, #0123692
March 30, 2021
This communication is from a debt collector. Hunt & Kahn, P.A. and the above signed attorney
are attempting to collect a debt and any information obtained will be used for that purpose.
52254715
E-Filed with MCCC - 2021CA001356AX- 4/5/2021 12:04 PM - PG 3 of 3
Preview
Filing # 124304823 E-Filed 04/05/2021 12:04:00 PM IN THE CIRCUIT COURT, IN AND FOR MANATEE COUNTY, FLORIDA CASE NO: CITIZENS BANK, N.A. Plaintiff, vs. TAYLOR M DEEMER Defendant. COMPLAINT Plaintiff, by and through its undersigned counsel, sues the Defendant TAYLOR M DEEMER and states the following: 1. Damages in this action exceed $30,000.00. 2. Defendant resides or regularly conducts business in Manatee County, Florida. 3. Plaintiff Citizens Bank, N.A. was formerly known as RBS Citizens, N.A. All conditions precedent required to bring this action have occurred or have been performed. COUNT | - BREACH OF CONTRACT XXX5433 Plaintiff repeats and realleges each and every material allegation set forth in paragraphs 1 through 3 above and incorporates the same by reference. 4. Plaintiff extended an offer to enter into a contract with Defendant. 5. A true and correct copy of the contract (promissory note) applicable to this matter is attached hereto and incorporated herein by reference. 6. Defendant indicated acceptance of the terms of the contract attached hereto in a manner indicated by the terms of the contract or other manner recognized by law. 7. For tracking purposes, an account was opened bearing number XXX5433 and said account was utilized to track payment made by or on behalf of Defendant. 8. Plaintiff fulfilled its obligations pursuant to the contract. 9. Defendant failed to timely pay Plaintiff for goods, services, or money for which Defendant received benefit. 10. By failing to make timely payment, Defendant breached the contract. The account was charged off on or about 12/26/17. 52254715 E-Filed with MCCC - 2021CA001356AX- 4/5/2021 12:04 PM - PG 1 of 311. As adirect result of the breach by Defendant, Plaintiff has been damaged in the sum of $32,680.39 which is inclusive of $31,890.51 in principal, $44.97 in costs, and $944.91 in interest minus $200.00 for payment(s) and/or credit(s) which have been applied to the account that is presently due and owing on the account. WHEREFORE, based upon the foregoing, Plaintiff respectfully requests this Honorable Court enter a judgment against the Defendant in the amount of $31,890.51 in principal, plus $944.91 in interest, and $44.97 in costs minus $200.00 for payment(s) and/or credit(s) which have been applied to the account for a total of $32,680.39 as of March 30, 2021. COUNT Il - MONEY LENT XXX5433 Plaintiff repeats and realleges each and every material allegation set forth in paragraphs 1 through 3 herein above and incorporates the same by reference. 12. As of March 30, 2021, Defendant owes the Plaintiff the principal sum of $31,890.51, plus interest in the amount of $944.91, plus costs in the amount of $44.97, minus $200.00 for payment(s) and/or credit(s) which have been applied to the account for a total of $32,680.39 for money lent to Defendant. WHEREFORE, based upon the foregoing, Plaintiff respectfully requests this Honorable Court enter a judgment against the Defendant in the amount of $31,890.51 in principal, plus $944.91 in interest, and $44.97 in costs minus $200.00 for payment(s) and/or credit(s) which have been applied to the account for a total of $32,680.39 as of March 30, 2021. COUNT Ill - QUANTUM MERUIT XXX5433 Plaintiff repeats and realleges each and every material allegation set forth in paragraphs 1 through 3 hereinabove and incorporates the same by reference. 13. Prior to this action, Plaintiff extended credit, loaned money, or provided goods or services to Defendant. 14. Defendant benefited from extension of credit, money, goods, or services provided Defendant by Plaintiff. 15. Defendant has failed to pay Plaintiff for the extension of credit, money, goods, or services. 16. It would be inequitable for Defendant to retain the benefit of the extension of credit, money, goods, or services received by Defendant without paying Plaintiff for same. 17. The failure of Defendant to pay the Plaintiff for the extension of credit, money, goods, or services has caused the Defendant to be unjustly enriched at the expense of the Plaintiff. 52254715 E-Filed with MCCC - 2021CA001356AX- 4/5/2021 12:04 PM - PG 2 of 318. As of March 30, 2021, Defendant owes the Plaintiff the principal sum of $31,890.51, plus interest in the amount of $944.91, plus costs in the amount of $44.97, minus $200.00 for payment(s) and/or credit(s) which have been applied to the account for a total of $32,680.39. WHEREFORE, based upon the foregoing, Plaintiff respectfully requests this Honorable Court enter a judgment against the Defendant in the amount of $31,890.51 in principal, plus $944.91 in interest, and $44.97 in costs minus $200.00 for payment(s) and/or credit(s) which have been applied to the account for a total of $32,680.39 as of March 30, 2021. Respectfully submitted, Jeffrey Kahn, Esq. Florida Bar #: 0519200 Deryl Hunt, Esq. Florida Bar #: 0123692 Post Office Box 934788 Margate, Florida 33093-4788 Telephone: (954) 935-6966 Facsimile: (954)935-6975 Primary Email: Service@HuntKahnLaw.com /s/ Deryl Hunt, #0123692 March 30, 2021 This communication is from a debt collector. Hunt & Kahn, P.A. and the above signed attorney are attempting to collect a debt and any information obtained will be used for that purpose. 52254715 E-Filed with MCCC - 2021CA001356AX- 4/5/2021 12:04 PM - PG 3 of 3