On December 29, 2016 a
Complaint,Petition
was filed
involving a dispute between
Discover Bank,
and
Michael Patrick,
for C40 - Contracts - Collections
in the District Court of Fairfield County.
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S405 025
RETURN DATE: 01/03/17 Superior Court
Discover Bank Bridgeport Judicial District
Plaintiff,
vs
MICHAEL J PATRICK
Defendant.
COMPLAINT
COUNTI
(BREACH OF CONTRACT)
1. This is an action for damages that are within the limits of this court, exclusive of costs,
2. Defendant applied for and received a credit account, which is owned and administered by the Plaintiff.
Defendant used or authorized use of the credit account for the acquisition of goods, services, balance tra nsfers
or cash advances in accordance with the customer agreement governing use of this account with Plaintiff,
3. Last payment on the account was made on 12/11/15, in the amount of 159.00.
4. Defendant breached the Agreement by failing to make periodic payments as required thereby and the Account
was subsequently charged-off. The entire balance on the Account is owed to Plaintiff and is presently due and
payable in full.
5. The current account balance is $9140.97 which includes any applicable payments and credits,
6. In accordance with federal regulations, monthly periodic statements for the Account have been provided to the
Defendant. Based on Plaintiff's records, there are no unresolved billing disputes related to the account.
COUNT II
(ACCOUNT STATED)
7. Plaintiff incorporates herein by reference the allegations contained in paragraphs 1-6 above.
8. In connection with the Account, Plaintiff mailed, delivered, sent or otherwise transmitted periodic account
statements to the Defendant setting forth all the charges and credits applicable to the account, as well as the
balance due
9. The Plaintiff seeks damages for the account stated balance minus any credit(s) on the account occurring after
3968025
the last statement was transmitted.WHEREFORE, Plaintiff requests that the Court enter (i) judgment against the Defendant in an amount to be
determined by the court, (ii) award Plaintiff court costs, (iii)enter an Order directing Defendant to tender weekly
payments to Plaintiff's attorney, and (iv) such other relief as the court deems to be just.
Adam I Olshan
Schreiber/Cohen, LLC (434988)
53 Stiles Road, Suite A102
Salem, NH 03079
800-423-8142
3968025
Document Filed Date
December 29, 2016
Case Filing Date
December 29, 2016
Category
C40 - Contracts - Collections
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S405 025 RETURN DATE: 01/03/17 Superior Court Discover Bank Bridgeport Judicial District Plaintiff, vs MICHAEL J PATRICK Defendant. COMPLAINT COUNTI (BREACH OF CONTRACT) 1. This is an action for damages that are within the limits of this court, exclusive of costs, 2. Defendant applied for and received a credit account, which is owned and administered by the Plaintiff. Defendant used or authorized use of the credit account for the acquisition of goods, services, balance tra nsfers or cash advances in accordance with the customer agreement governing use of this account with Plaintiff, 3. Last payment on the account was made on 12/11/15, in the amount of 159.00. 4. Defendant breached the Agreement by failing to make periodic payments as required thereby and the Account was subsequently charged-off. The entire balance on the Account is owed to Plaintiff and is presently due and payable in full. 5. The current account balance is $9140.97 which includes any applicable payments and credits, 6. In accordance with federal regulations, monthly periodic statements for the Account have been provided to the Defendant. Based on Plaintiff's records, there are no unresolved billing disputes related to the account. COUNT II (ACCOUNT STATED) 7. Plaintiff incorporates herein by reference the allegations contained in paragraphs 1-6 above. 8. In connection with the Account, Plaintiff mailed, delivered, sent or otherwise transmitted periodic account statements to the Defendant setting forth all the charges and credits applicable to the account, as well as the balance due 9. The Plaintiff seeks damages for the account stated balance minus any credit(s) on the account occurring after 3968025 the last statement was transmitted.WHEREFORE, Plaintiff requests that the Court enter (i) judgment against the Defendant in an amount to be determined by the court, (ii) award Plaintiff court costs, (iii)enter an Order directing Defendant to tender weekly payments to Plaintiff's attorney, and (iv) such other relief as the court deems to be just. Adam I Olshan Schreiber/Cohen, LLC (434988) 53 Stiles Road, Suite A102 Salem, NH 03079 800-423-8142 3968025