MIDLAND CREDIT MANAGEMENT, INC v. SMITH, MARIA, NNI-CV24-6031516-S, 26847777 (Conn. Super. Ct. Feb. 9, 2024) (2024)

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`4,
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`By the use of the aforesaid Card, the Defendant agreed to be bound
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`by the terms and conditions of the Card agreement which wasdelivered to the
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`Defendant.
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`5.
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`Pursuantto the terms thereof, the Defendant agreed, inter alia, as
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`follows:
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`a.
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`to pay promptly, upon rendition of a statement, the amount of any
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`credit purchases and/or cash advances;
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`b.
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`to pay a finance charge at an annuai percentage rate as setforth in
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`the Card agreement, on all outstanding cash advances and on all
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`credit purchases; and
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`c.
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`to pay any andail costs of collection, including reasonable attorneys'
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`fees.
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`6.
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`By the use of said Card, the Defendant becameindebted to
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`COMENITY CAPITAL BANK,Plaintiff's predecessor-in-interest, in the sum of
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`$7,215.30, representing charges for goods, services or cash advances, together
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`with any finance charges through the charge-off date (October 31, 2022).
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`7.
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`The Defendant defaulted in making payment when due, by reason of
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`which the entire indebtedness is immediately due and payable, together with any
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`finance charges as aforesaid and any andall reasonable costs of collection
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`including but notlimited to, reasonable attorneys' fees and court costs.
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`London & Londen + Aiftorneys at Law
`48 Christian Lane « Newington, CT 06111 » (860) 666-4500 » JURIS No. 406548
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`8.
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`COMENITY CAPITAL BANK,the original creditor, assigned all ofits
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`right, title, and interest in, to, and under the Account; and the Plaintiff, MIDLAND
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`CREDIT MANAGEMENT,INC., acquired the Account in the normal course of
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`business on or about November 23, 2022. As a result of the foregoing sale and
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`assignment, Plaintiff succeededtoall right, title, and interest in, to, and under the
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`Account and is now the owner of the Account. COMENITY CAPITAL BANK and
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`the Plaintiff are hereinafter, collectively, sometimes referred to as the "Bank."
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`Second Count: Unjust Enrichment
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`1-4.
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`Paragraphs 1 through 3, and 8 of the First Count are herebyre-
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`alleged and incorporated as Paragraphs 1 through 4 of this the Second Count as
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`if fully stated herein.
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`5.
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`COMENITY CAPITAL BANK provided the Defendant the revolving
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`line of credit requested by the Defendant's application in reliance on the
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`Defendant's promise to pay.
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`6.
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`The Defendant utilized the credit extended by COMENITY CAPITAL
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`BANK, which resulted in a balance duethe Plaintiff, as a result of the Plaintiff's
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`acquisition of the Account.
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`7.
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`Despite written demand, the Defendant has unjustly failed, neglected
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`and refused to pay $7,215.30, although the Defendant received the benefit of the
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`Credit.
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`-3-
`London & London = Attorneys at Law
`48 Christian Lane « Newington, CT 06114 » (B60) 666-4500 - JURIS No. 406548
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`8.
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`9.
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`The Bank relied on the Defendant's promise to payto its detriment.
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`As a result of the foregoing, the Defendant has been unjustly
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`enriched and the Plaintiff has suffered damages.
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`Third Count: Account Stated
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`1-6.
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`Paragraphs 1 through 5, and 8 of the First Count are hereby re-
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`alleged and incorporated as Paragraphs 1 through 6 ofthis the Third Countasif
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`fully stated herein.
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`7.
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`The Defendant received monthly billing statements accurately
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`setting forth the charges and amounts due on the Account, which is the subject of
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`this action.
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`8.
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`The Defendantretained the statements for an unreasonable time
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`without any objection, as defined by the Federal Truth-In-Lending Act (TILA), 15
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`U.S.C. 1666(a), requiring submission of written notice of objection within sixty (60)
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`days of transmission of the account statement.
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`9,
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`As no proper written objection was made, the statements are
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`presumed accurate, and constitute an "account stated" whichis prima facie
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`evidence of the correctness of the Account.
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`10.
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`‘The final statement of account rendered has detailed an account
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`balance of $7,215.30.
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`-4-
`.
`London & London + Aftorneys at Law
`48 Christian Lane « Newington, CT 06111 + (860) 666-4500 + JURIS No, 406548
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`WHEREFORE, the Plaintiff claims:
`1.
`Monetary damages;
`2.
`Costs of bringing this action as provided for by statute;
`3.
`An order on the Defendant(s) for reasonable weekly payments out of
`sums earned or to be earned for services rendered in accordance
`with the statute made and provided;
`Post-judgmentstatutory interest, pursuant to Connecticut General
`Statute §37-3a, as the Court may award;
`and
`Suchother relief as this Court deems proper.
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`4.
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`5.
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`Notice is hereby given to the Defendantthat the Plaintiff intends to seek
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`satisfaction of any judgment renderedin the Plaintiff's favor in this action from any
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`debts accruing to the Defendant by reason of the Defendant's personalservices.
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`Hereoffail not but of this writ with your doings thereon make due
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`service and return according to law.
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`Dated at Newington, Connecticut, this day, January 18, 2024.
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`PLAINTIFF,
`MIDLAND CREDIT MANAGEMENT, INC.
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`aulhA—
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`Joane R. Mueller-London, Esq.
`Its Attorney
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`-5-
`London & London « Afforneys at Law
`48 Christian Lane - Newington, CT 06114 + (860} 666-4500 « JURIS No. 406548
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`RET. DATE: MARCH 5, 2024
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`:
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`SUPERIOR COURT
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`MIDLAND CREDIT MANAGEMENT,INC.
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`JUDICIAL DISTRICT OF
`: NEW HAVEN
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`VS.
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`MARIA SMITH
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`: AT MERIDEN
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`:
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`JANUARY 18, 2024
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`CLAIM FOR RELIEF
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`The matter in demand is more than Two Thousand Five Hundred and 00/100
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`($2,500.00) Dollars but less than Fifteen Thousand ($15,000.00) Dollars exclusive of
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`interest and costs. The remedy sought is based upon an expressor implied promise
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`to pay a definite sum.
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`PLAINTIFF -
`MIDLAND CREDIT MANAGEMENT, INC.
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`By: {I. al A.J|
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`Joanie R. Mueller-London
`its Attorney
`inquiries@londonandlondon.com
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`This communication is from a debt collector. We are required to tell you that this is an
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`effort to collect a debt, and any information obtained will be used for that purpose.
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`-6-
`London & London« Attorneys at Law
`48 Christian Lane « Newington, CT 06141 » (860) 666-4500 » JURIS No. 406548
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