Plaintiff,
vs. CASE NO.: DIVISION:
Defendant(s).
COMPLAINT
Plaintiff(s), AMERICAN EXPRESS NATIONAL BANK, (American Express) by its attorneys, sues defendant(s) AEL and hereby allege(s) as follows:
GENERAL ALLEGATIONS
AMERICAN EXPRESS NATIONAL BANK1 (American Express) is a national bank under the laws of the United States of America with its office located at 115 W. Towne Ridge Parkway Sandy, UT 84070 (hereinafter singularly or collectively referenced as "American Express").
1. This is an action for damages that does not exceed $50,000.00.
2. Upon information and belief AEL was and is at all relevant times an individual residing in Osceola County in the State of Florida.
The Facts
3. At all relevant times, AEL, was the holder of a(n) American Express Amex Everyday Credit Card that enabled him/her to charge items to a(n) American Express Amex Everyday Credit Card account (account no. 2002) (the "Account").
4. At all relevant times, AEL was the basic card member on the Account and thus is responsible for paying all amounts charged to the Amex Everyday Credit Card Account.
5. By accepting and using the Amex Everyday Credit Card, AEL agreed to all of the terms and conditions set forth in the "Agreement Between American Express Credit Cardrnember and American Express National Bank" (the "Cardmember Agreement"). The Cardmember Agreement was provided to AEL with the Amex Everyday Credit Card.
6. The terms and conditions of the Cardmember Agreement, include the following:
a. to pay all amounts charged to the Account by either AEL or any additional cardmember or additional account user;
b. to pay finance charges on unpaid balances;
c. to pay the "Minimum Amount Due" by the due date indicated on the monthly billing statements mailed by or on behalf of American Express.
d. that if the Minimum amount due was not paid by the date given on the monthly statements the Account would become delinquent and American Express could assess late fees and declare the Account in default (as that term is used in the Agreement);
e. that once AEL is in default on the Account, American Express may declare the entire balance immediately due.
f. AEL further agreed that in the event of default (as that term is used in the Cardmember Agreement) he/she would pay all reasonable costs incurred by American Express in protecting itself from any harm it may suffer as a result of the default; including but not limited to reasonable attorneys' fees incurred in collecting the balance due and court costs.
7. AEL used the Amex Everyday Credit Card to charge various items to the Account for which they never made payment.
8. American Express sent monthly statements to AEL for the Account, showing the balance due on the Account.
9. AEL violated the Agreement by refusing to remit the Minimum amount due indicated by the monthly statements.
10. AEL's failure to pay the Minimum amount due constituted a default under the Agreement and lead to the account becoming delinquent. As a result, American Express suspended AEL's charge privileges on the Account and the outstanding balance became due in its entirety.
11. The account balance of $16,351.22.
12. Plaintiff(s) repeats and realleges each and every allegation contained in paragraphs 1, through 11 of this complaint as though fully set forth at length herein.
13. AEL rdiagreed to pay for all items charged to the Account, plus finance charges and late fees. In addition, AEL agreed to pay American Express court costs and reasonable attorneys' fees in the event that American Express must refer the Account to its outside attorneys for collection.
14. AEL is currently indebted to American Express for unpaid card charges, finance charges and late fees totaling $16,351.22.
15. Despite due demand, AEL refuses to pay American Express any portion of the outstanding balance due and owing.
16. As a result, AEL's refusal to pay the outstanding balance, American Express referred its claims against AEL to its attorneys for collection.
17. AEL's continuing refusal to pay compelled the aforementioned attorneys to commence the current action, thereby entitling American Express to collect from AEL court costs.
18. By reason of the foregoing, American Express National Bank is entitled to judgment against Adib AEL for the sum of $16,351.22 for breach of contract plus court costs.
WHEREFORE, Plaintiff(s) American Express National Bank requests judgment against defendants, AEL in the sum of $16,351.22 plus court costs for such other and further relief as this Court deems just and proper.
19. Plaintiff(s) repeats and re-alleges each and every allegation contained in paragraphs 1, through 18 of this complaint as though fully set forth at length herein.
20. American Express duly issued and sent to Earles the monthly statements, which set forth in detail all items charged to the Cardmember Account and the total minimum amount due and owing by AEL to American Express.
21. AEL received the monthly statements without giving protest or indication that they were erroneous in any respect. AEL thereby acknowledged that the debt owed to American Express as set forth in the monthly statements, is true and correct.
21. By reason of the foregoing, American Express National Bank is entitled to judgment against AEL for an account stated in the amount of $16,351.22 plus court costs.
WHEREFORE, Plaintiff(s) American Express National Bank requests judgment against defendants, AEL in the sum of $16,351.22 plus court costs for such other and further relief as this Court deems just and proper.
22. Plaintiff(s) repeats and re-alleges each and every allegation contained in paragraphs 1 through 22 of this complaint as though fully set forth at length herein.
24. AEL benefited from all of the charges made to the Account, has acknowledged receipt of those benefits, and have failed to pay for same.
25. AEL has been unjustly enriched to American Express' detriment.
26. By reason of the foregoing, American Express National Bank is entitled to judgment against Adib AEL for unjust enrichment in an amount to be determined at trial, plus court costs.
WHEREFORE, plaintiff(s) American Express National Bank requests judgment against defendant, AEL in an amount to be determined at trial plus court costs, and for such other and further relief as this Court deems just and proper.
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