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- Jan 7, 2024
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IN THE FEDERAL COURT OF THE COMMONWEALTH OF REDMONT
CIVIL ACTION
CIVIL ACTION
Discover Bank (Nexalin)
Plaintiff
v.
_Pugsy
Defendant
COMPLAINT
The Plaintiff complains against the Defendant as follows:
On February 29, 2024, the defendant, Pugsy, entered into a Mortgage Loan Agreement with Discover Bank, aiming to secure funds for the purchase of a property. The agreement outlined a loan amount of $250,000, with a fixed interest rate of $25,000, resulting in a total repayment obligation of $275,000. The repayment schedule stipulated weekly payments from February 29, 2024, to April 29, 2024, to be made in equal installments. Despite the contractual obligations, the defendant failed to uphold their end of the agreement. Upon attempting to contact Pugsy regarding a missed payment, they remained unresponsive. Subsequent communication with the defendant's business partner revealed alarming information: Pugsy had recklessly squandered the loan funds through gambling and failed to utilize them for the intended property purchase. Such actions flagrantly contravene the terms stipulated in the agreement.
I. PARTIES
1. Discover Bank
2. Pugsy
II. FACTS
1. On February 29, 2024, the defendant entered into a mortgage agreement with Discover Bank.
2. On March 29, 2024, the defendant missed their first payment. The defendant failed to make any further payments, leading to a default on the agreement.
3. On the same day, March 29, 2024, Discover Bank reached out to the defendant's business partner for clarification. The business partner informed Discover that the defendant had irresponsibly gambled away the loaned funds and was unable to fulfill their repayment obligations.
III. CLAIMS FOR RELIEF
1. Breach of Contract: The defendant entered into a Mortgage Loan Agreement with Discover Bank to purchase a property, but failed to fulfill the terms of the agreement by not making the required weekly payments as stipulated.
2. Fraudulent Misrepresentation: The defendant misrepresented their intentions to use the borrowed funds for the purchase of a property, leading to Discover Bank extending the loan. However, it was later discovered that the defendant misappropriated the funds for gambling purposes, thereby engaging in fraudulent behavior.
3. Unjust Enrichment: The defendant received funds from Discover Bank under false pretenses and failed to utilize them for the intended purpose, resulting in their unjust enrichment at the expense of the plaintiff.
IV. PRAYER FOR RELIEF
The Plaintiff seeks the following from the Defendant:
1. Repayment of Outstanding Debt: The Plaintiff demands the full repayment of the principal amount originally owed within the Mortgage Loan Agreement, totaling $275,000.
2. Late Fees: Pursuant to the stipulations outlined within the contract, the Plaintiff demands the payment of $100,000 in accrued late fees.
3. Punitive Damages for Fraud: In light of the Defendant's fraudulent conduct, the Plaintiff seeks punitive damages amounting to $25,000, aimed at penalizing the Defendant for their deceitful actions and deterring similar misconduct in the future.
4. Legal Fees: The Plaintiff further requests reimbursement for legal expenses incurred throughout the course of this litigation. Seeking equitable compensation, the Plaintiff requests 30% of the total value of the case as legal fees.
By making this submission, I agree I understand the penalties of lying in court and the fact that I am subject to perjury should I knowingly make a false statement in court.
DATED: This 9th day of April 2024
Witness List:
Aezal
