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Common Counts: Unjust ENRICHMENT.

San Francisco, CA |

hello,
I received Summons from the lawyer of Citibank.
I do not understand what is their legal cause for this action. First what does it mean when it states cause of action: UNJUST ENRICHMENT. Case type: Rule 3.740 collections (09).
It also had document from city clerk with a header:
DECLARATION PURSUANT TO CCP 395(B): VENUE FOR PERSONAL, FAMILY OR HOUSEHOLD OBLIGATIONS.

I tried to Google all of this, but got even more confused. Please, help!?

Attorney Answers 2

Posted

In plain English they are suing you for money based on your use of their money. You would be unjustly enriched if you used their money and did not pay for it.

Plaintiff is required to identify the type of case for purposes of court statistics and particular assignments to various courtrooms. They do this by requiring a Civil Case Cover Sheet in which Plaintiff describes case. This case is a Collections action which means he is suing for specific sums owed his client on an account basis.

There are several different courthouses in SF County that hear cases. In order to protect defendants from having to travel too far from their homes, Plaintiff is required to state the reason why suit was filed in this courthouse. That is called Venue. In this case, you probably live in the judicial district where suit was filed.

If you cannot understand this, you really should not represent yourself. Hire a consumer litigation lawyer to defend you.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.

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Posted

Unjust Enrichment means just what it sounds like. You were enriched (you gained something) unjustly (you didnt deserve it), usually by not paying it back like you promised to do.

You really should consult with a Consumer Law attorney in your area. You typically have defenses to these types of lawsuits and generally, hiring an attorney will save you more money even if you take into account their fees. Plus you will know that the matter is handled correctly.

-Daniel

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Illinois. Responses are answers to general legal questions and the receiver of such question should consult a local attorney for specific answers to questions.

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4 comments

Asker

Posted

IF the allegations in the suit are true, then hiring a lawyer is a WASTE of money. There is no good defense against credit card debt, unless the SOL has run out.

Daniel Joseph Ciment

Daniel Joseph Ciment

Posted

Hmmm... posted by anonymous. I wonder if this person works for a collection agency/law firm? There are many very good and viable defenses to credit card debt lawsuits. My firm has won almost 1500 debt lawsuits.

Asker

Posted

I am not a lawyer - I'm just telling you what lawyers told me. They all said it is very complex and costly, with small chance of success. The main case is, if debt lawsuits have errors in service, or errors in fact, then they can be won. Otherwise, you are wasting your money. Daniel Ciment, it appears you are trying to give people false hope to enrich yourself. IF this is NOT the case, please describe how you can win 1500 debt lawsuits unless there is an error in fact (ie. the debt was not actually incurred by the defendant), or an error in service (the preparation of their case, or service of the summons)?

Daniel Joseph Ciment

Daniel Joseph Ciment

Posted

I have been on both sides of these cases. I owned a collection agency and I filed thousands of debt lawsuits trying to collect money from people and now on the other side in defending these cases. I don’t know what attorneys you spoke to but I promise you they don’t practice in this area of law exclusively like I do. We have won over 1500 debt lawsuits. We win about 85% of the cases we handle. That is a fact and if you would like to make an appointment and come into my office I can show you the proof. When a lawsuit is filed it does not matter whether the person owes the money or not, the plaintiff has the burden of proof. Most of the time the plaintiffs don’t have enough documentation to prove their case and we get them dismissed. Please feel free to read my Legal Guide here on Avvo regarding debt lawsuit myths. The truth is, it is not costly and in 99% of the cases I handle I save my clients significant amounts of money even if you take my fee into account. The bottom line is that if it was too expensive to fight these lawsuits and I didn’t save my clients money, I wouldn’t be in business.