Lawsuit: Adjourned Discover Bank v. _Pugsy [2024] FCR 51

[Unseatedduke1]

IN THE FEDERAL COURT OF THE COMMONWEALTH OF REDMONT
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

Spoiler: Client

Spoiler: Contract

Pugsy Mortgage Agreement

 

[Unseatedduke1]

IN THE FEDERAL COURT OF THE COMMONWEALTH OF REDMONT
EMERGENCY INJUNCTION​

Your Honor, the defendant is actively spending funds that do not belong to them through gambling. We possess evidence to support this claim. Therefore, we urge the court to freeze their player account to prevent further financial detriment to the plaintiff, who lent funds for a mortgage that remains unpaid.

Spoiler: Gambling

 

[SumoMC]

At this time, the court has decided to Grant this Emergency Injunction and hereby orders the Department of Justice to seize the money from the defendant for the duration of this case.

A summons will be issued shortly.

 

[SumoMC]

IN THE FEDERAL COURT OF THE COMMONWEALTH OF REDMONT
WRIT OF SUMMONS

@Pugsy is required to appear before the Federal Court in the case of Plaintiff v. Defendant.

Failure to appear within 72 hours of this summons will result in a default judgement based on the known facts of the case.

Both parties should make themselves aware of the Court Rules and Procedures, including the option of an in-game trial should both parties request one.​

 

[SumoMC]

I hereby charge the defendant with 1 count of contempt of court.

The court is in recess pending verdict.

 

[SumoMC]

Verdict

IN THE FEDERAL COURT OF THE COMMONWEALTH OF REDMONT

VERDICT

Discover Bank v. _Pugsy [2024] FCR 51



I. PLAINTIFF'S POSITION

1. The Defendant failed to fulfill their obligation of the loan by missing their first loan payment and subsequent payments



2 The Defendant gambled away all of the money and failed to use the loan for its intended purpose, buying a property.



II. DEFENDANT'S POSITION

1. Defendant failed to produce themselves or their attorney to the court.



III. THE COURT OPINION

1. It is the opinion of the Federal Court that the Defendant did not fulfill his contractual obligations to use the loan for the intended purpose
2. The Defendant missed his payments and subsequently cut off contract with the bank.

IV. DECISION

1. The Federal Court hereby rules in favor of the defendant with a modified prayer for relief.

2. The Court hereby awards discover bank the original $275,000 and it to be paid to Nexalin as the legal representative of Discover Bank

3. The Court will not be awarding any of the Late Fees or the Punitive Damages for the fraud.

4. The Court hereby awards $82,500 in legal fees amounting to the 30% of the value awarded to the plaintiff


The Federal Court thanks all involved, the Court is Adjourned