I'm in California.
A credit card company sued me on common counts:
1)open-book account,
2)account stated,
3)money lent by Plaintiff to Defendant at Defendant's request
4)unjust enrichment.
The amount they are suing me for does not reflect the account statements they have sent me, when I demanded it during discovery. Would they prevail at trial even though they don't have proof of the amount they are suing for?
I need your help.
Sincerely,
Answer
They will need to prove that you owe the money they say you owe. They may have added past-due interest and other charges to the complaint they made against you, but those will also need to be proved up by them at trial.
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