On April 12, 2021 a
Party Statement
was filed
involving a dispute between
Lvnv Funding Llc,
and
Constantinople, Anthony,
for SMALL CLAIMS 4 - $2,501 - $5,000
in the District Court of Pinellas County.
Preview
Case Number:21-003118-SC
Filing # 124741357 E-Filed 04/12/2021 01:54:11 PM
MLG -
4417676 IN THE COUNTY COURT OF THE SIXTH
JUDICIAL CIRCUIT IN AND FOR
PINELLAS COUNTY, FLORIDA
SMALL CLAIMS DIVISION
CASE NO.
LVNV FUNDING LLC
Plaintiff,
VS.
ANTHONY CONSTANTINOPLE
Defendant.
i
STATEMENT OF CLAIM
COMES NOW the Plaintiff, LVNV FUNDING LLC, by and through its undersigned
attorney, sues Defendant ANTHONY CONSTANTINOPLE, and alleges:
GENERAL ALLEGATIONS
1. This is an action for damages in an amount less than or equal to $8,000.00, exclusive of
interest, costs and attorney fees, and comes within the jurisdiction o f this Court.
2. Plaintiffis a foreign corporation authorized to bring this action pursuant to Fla. Stat. §
607.1501 (2)(a).
3. Defendant is a resident o f PINELLAS County, Florida.
4. All conditions precedent to the bringing of this action has been performed, have
occurred or have been waived.
COUNTI
(ACCOUNT STATED)
5. Plaintiffincorporates and realleges paragraphs 1 -4.
***ELECTRONICALLYFILED 04/12/2021 01:54:11 PM: KEN BURKE, CLERK OF THE CIRCUIT COURT, PINELLAS COUNTY***
6. Defendant made purchases and/or received cash advances utilizing credit extended by
CREDIT ONE BANK, N.A. (the 'Creditor'), account number
REDACTED
7. In accordance with the transactions made by Defendant on the account (the 'Account')
heretofore mentioned, Creditor and Defendant agreed to the resulting balance.
8. Creditor rendered statement(s) ofthe Account to Defendant, copies of which are
attached hereto and incorporated herein as Exhibit 'A', and Defendant did not object to
the statement(s).
9. Defendant failed and/or refused to pay for said purchases or cash advances as agreed,
or otherwise.
10. Plaintiff has purchased the debt incurred by Defendant and now owns and holds all
rights relative thereto, as evidenced by a copy of the ownership transfer documents
attached hereto and incorporated herein as Exhibit 'B'.
11. Defendant owes Plaintiff $2,723.98.
WHEREFORE, Plaintiff demandsjudgment against Defendant for the sum of $2,723.98 plus
costs, and such other and further reliefas the Court may deem just and proper.
COUNT II
(UNJUST ENRICHMENT)
12. Plaintiff incorporates and realleges paragraphs 1 -4 and paragraph 10.
13. The Creditor has conferred a benefit on Defendant by providing credit for cash
advances, products and/or goods and services.
14. Defendant has knowledge of the benefit and the use thereof by Defendant constitutes
an
unjust enrichment of Defendant at Plaintiff's expense.
15. Defendant has accepted or retained the benefit conferred and the circumstances are
such that it would be inequitable for the Defendant to retain the benefit without paying
fair value for it. Defendant has failed to pay for said benefit and Defendant has
thereforebeen unjustly enriched.
16. Asa result ofthe unjust enrichment of Defendant, Plaintiffhasbeen damaged in an
amount in equal to $2,723.98.
WHEREFORE, Plaintiff demands judgment against Defendant for the sum of $2,723.98
plus costs, and such other and further relief as the Court may deem just and proper.
Mandarich Law Group, LLP
/s/ Andrea M. Roebuck, Esq.
Harold E. Scherr, Esq. FBN 240486
Michelle K. Hines, Esq. FBN 85092
Andrea M. Roebuck, Esq. FBN 89386
P.O. Box 952289
Lake Mary, FL 32795
Phone: 407-995-3004
Facsimile: 407-583-4964
Attorneys for Plaintiff
DESIGNATION OF EMAIL ADDRESS
Pursuant to Fla. R. Jud. Admin. 2.516 Plaintiff's Counsel hereby designates
as its primary email address for the receipt of pleadings.
Preview
Case Number:21-003118-SC Filing # 124741357 E-Filed 04/12/2021 01:54:11 PM MLG - 4417676 IN THE COUNTY COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR PINELLAS COUNTY, FLORIDA SMALL CLAIMS DIVISION CASE NO. LVNV FUNDING LLC Plaintiff, VS. ANTHONY CONSTANTINOPLE Defendant. i STATEMENT OF CLAIM COMES NOW the Plaintiff, LVNV FUNDING LLC, by and through its undersigned attorney, sues Defendant ANTHONY CONSTANTINOPLE, and alleges: GENERAL ALLEGATIONS 1. This is an action for damages in an amount less than or equal to $8,000.00, exclusive of interest, costs and attorney fees, and comes within the jurisdiction o f this Court. 2. Plaintiffis a foreign corporation authorized to bring this action pursuant to Fla. Stat. § 607.1501 (2)(a). 3. Defendant is a resident o f PINELLAS County, Florida. 4. All conditions precedent to the bringing of this action has been performed, have occurred or have been waived. COUNTI (ACCOUNT STATED) 5. Plaintiffincorporates and realleges paragraphs 1 -4. ***ELECTRONICALLYFILED 04/12/2021 01:54:11 PM: KEN BURKE, CLERK OF THE CIRCUIT COURT, PINELLAS COUNTY*** 6. Defendant made purchases and/or received cash advances utilizing credit extended by CREDIT ONE BANK, N.A. (the 'Creditor'), account number REDACTED 7. In accordance with the transactions made by Defendant on the account (the 'Account') heretofore mentioned, Creditor and Defendant agreed to the resulting balance. 8. Creditor rendered statement(s) ofthe Account to Defendant, copies of which are attached hereto and incorporated herein as Exhibit 'A', and Defendant did not object to the statement(s). 9. Defendant failed and/or refused to pay for said purchases or cash advances as agreed, or otherwise. 10. Plaintiff has purchased the debt incurred by Defendant and now owns and holds all rights relative thereto, as evidenced by a copy of the ownership transfer documents attached hereto and incorporated herein as Exhibit 'B'. 11. Defendant owes Plaintiff $2,723.98. WHEREFORE, Plaintiff demandsjudgment against Defendant for the sum of $2,723.98 plus costs, and such other and further reliefas the Court may deem just and proper. COUNT II (UNJUST ENRICHMENT) 12. Plaintiff incorporates and realleges paragraphs 1 -4 and paragraph 10. 13. The Creditor has conferred a benefit on Defendant by providing credit for cash advances, products and/or goods and services. 14. Defendant has knowledge of the benefit and the use thereof by Defendant constitutes an unjust enrichment of Defendant at Plaintiff's expense. 15. Defendant has accepted or retained the benefit conferred and the circumstances are such that it would be inequitable for the Defendant to retain the benefit without paying fair value for it. Defendant has failed to pay for said benefit and Defendant has thereforebeen unjustly enriched. 16. Asa result ofthe unjust enrichment of Defendant, Plaintiffhasbeen damaged in an amount in equal to $2,723.98. WHEREFORE, Plaintiff demands judgment against Defendant for the sum of $2,723.98 plus costs, and such other and further relief as the Court may deem just and proper. Mandarich Law Group, LLP /s/ Andrea M. Roebuck, Esq. Harold E. Scherr, Esq. FBN 240486 Michelle K. Hines, Esq. FBN 85092 Andrea M. Roebuck, Esq. FBN 89386 P.O. Box 952289 Lake Mary, FL 32795 Phone: 407-995-3004 Facsimile: 407-583-4964 Attorneys for Plaintiff DESIGNATION OF EMAIL ADDRESS Pursuant to Fla. R. Jud. Admin. 2.516 Plaintiff's Counsel hereby designates as its primary email address for the receipt of pleadings.