Bradley Civil Complaint

IN THE SUPERIOR COURT OF GWINNETT COUNTY

STATE OF GEORGIA

BRADLEY JAMES ALBERT, an individual. )

Plaintiff, ) CIVIL ACTION NO…….

) 

Vs. )  

DISCOVER BANK )

Defendant. ) JURY TRIAL DEMANDED )

__________________________________________)

COMPLAINT

Plaintiff Bradley James Albert, Pro se, files this Complaint against Defendant Discover Bank and alleges as follows:

PARTIES

  • Plaintiff Bradley James Albert, an individual, is a resident of the State of Georgia. 
  • Upon information and belief, Discover Bank is a financial institution conducting business within the State of Georgia.

JURISDICTION AND VENUE

    1. This Court has jurisdiction over this case pursuant to Ga. Const. 1983, Art. 6, Sec. 2, Para. 1 and O.C.G.A. §15-6-8.
  • Venue is proper pursuant to Ga. Const. 1983, Art. 6, Sec. 2, Para. 6. 

 

FACTS COMMON TO ALL COUNTS

  1. At all times material hereto, Plaintiff held an account with Defendant’s Bank and held [x credit/debit] card issued by Defendant in [year].
  2. Since the year 2014, Plaintiff has been working as [position] with E-Trade Financial services company.
  3. On or about [date when you learnt of the garnishment] Plaintiff learnt that Defendant had obtained an order for garnishment, directing Plaintiff’s employer, E-Trade Financial services company, to deduct an amount of $7,857.42 (“the garnishment amount”) from Plaintiff’s employment benefits. 
  4. To safeguard his job, Plaintiff had no choice but to settle the entire garnishment amount as the nature of Plaintiff’s employment demands full credit compliance. 
  5. Upon settlement of the garnishment amount, Plaintiff undertook investigations and learnt of the following from the relevant Court records:
    1. Defendant had on April 14, 2014 instituted a Civil Claim (Case Number 14M11990) before the magistrate Court of Gwinnett County, Georgia (“Defendant’s Complaint”). Annexed hereto as Exhibit 1 is a true and correct copy of Defendant’s Statement of Claim and Complaint dated April 14, 2014. 
    2. In the Defendant’s Complaint aforesaid, Defendant claimed that Plaintiff was indebted to it in the amount of $6,587.37 as principal amount arising out of Plaintiff’s alleged breach of a credit card agreement, supposedly entered into and executed by the parties at undisclosed dates in respect of a credit card identified as “************079” (“the Credit Card”)
  • Defendant’s said Civil Claim was allegedly served upon one Brian. Defendant’s process server, Mr Derek Reddick, alleged that he served said Brian on the basis that he was Plaintiff’s co-resident at 2945 ROSEBUD RD,223, LOGANVILLE, GA 30052 (“the incorrect address”. Annexed hereto as Exhibit 2 is a true and correct copy of Mr Derek Reddick’s Affidavit of Service dated May 7, 2014.
  • Defendant’s Complaint was set down for trial on July 17, 2014. The Notice to Appear issued by the Court in respect of the trial was served on the said incorrect address provided by Defendant. Annexed hereto as Exhibit 3 is a true and correct copy of the Notice dated July 3, 2014.
  • Plaintiff, not being aware of the Defendant’s Complaint, did not file an Answer to the Complaint and did not attend the trial on July 17, 2014. Consequently, the Court entered a default Judgment in favor of Defendant on July 17, 2014 in the claimed principal amount of $6J87.37 and all costs of court. Annexed hereto as Exhibit 4 is a true and correct copy of the Default Judgment entered on July 17, 2014. 
  • Following the entry of the Default Judgment aforesaid, Defendant instituted garnishee proceedings against Plaintiff’s employer, E-Trade Financial Services Company. Annexed hereto as Exhibit 5 is a true and correct copy of documents in respect of Defendant’s garnishment application. 
  1. Plaintiff avers that he was neither aware of Defendant’s Complaint and the garnishment proceedings aforesaid as he was not served with the requisite pleadings. Had service been effected upon Plaintiff, Plaintiff would have filed appropriate responses in his defense. 
  2. Plaintiff further avers that he is not and has never been the holder of the credit card identified as “************079”, upon which Defendant’s said Complaint was founded. 
  3. Plaintiff therefore believes that the impugned Credit Card was fraudulently registered and maintained by Defendant. 

CAUSES OF ACTION

Count 1

Breach of Fiduciary Duty

  1. Plaintiff repeats and re-alleges the allegations set forth in Paragraphs 1-12 above and incorporates same herein by reference.
  2. At all times material hereto, Defendant was in a Bank-Customer relationship with Plaintiff and therefore owed Plaintiff fiduciary duties of care loyalty, candor and independence. Fiduciary relationships such as the one between Plaintiff and Defendant are founded on trust or confidence reposed by one individual in the integrity and fidelity of another. 
  3. Acting in blatant disregard and breach of its fiduciary obligations to Plaintiff, Defendant either registered or caused the registration of the impugned Credit Card without proper authorization by Plaintiff. 
  4. As a direct result of Defendant’s said breach of fiduciary obligations, Plaintiff suffered financial losses as he paid the amount of $7,857.42 to Defendant. 

 

Count 2

Negligence

    1. Plaintiff repeats and re-alleges the allegations set forth in Paragraphs 1-16 above and incorporates same herein by reference.
    2. As a Bank, Defendant owed Plaintiff a duty of care as Plaintiff was at all times material hereto a customer of Defendant. 
  • Defendant breached its duty of care towards Plaintiff by registering a fake Credit Card without Plaintiff’s authorization. The mere fact that Plaintiff was not aware of the existence of the impugned Credit Card would mean any or all of the following:
  • that Defendant either leaked Plaintiff’s personal information to third parties who were then able to procure a fake credit card impersonating Plaintiff; or
  • that Defendant’s Agents utilized Plaintiff’s personal information to procure a fake credit card in the name of Plaintiff; or
  • Defendant did not take proper care or have proper measures in place to protect Plaintiff from unauthorized registration of Credit or other cards by fraudsters. 
    1. Defendant’s conduct fell below the reasonable standard of care expected of a Bank such as Defendant. 
    2. By reason of the foregoing breach of fiduciary duties, Plaintiff sustained financial and other injury aforesaid. 
  • It is because of Defendant’s negligent actions/omissions that Plaintiff incurred financial loss, which was proximate to Defendant’s negligence. 

 

Count 3

Breach of contract and covenant of good faith and fair dealing

    1. Plaintiff repeats and re-alleges the allegations set forth in Paragraphs 1-22 above and incorporates same herein by reference.
  • At all material times, Defendant was in a contractual relationship with Plaintiff, under which Defendant was duty bound to act in good faith and deal fairly with Plaintiff. Uniform Commercial Code Section 1-304 provides for good faith and imposes doctrine of good faith in every contract.
  • Defendant breached that duty when it failed to protect Plaintiff from fraudulent, unavoidable claims arising out of fake credit card that was registered under Defendant’s watch. Defendant further breached this duty when it failed to investigate the impugned credit card and instead resorted to suing Plaintiff, obtaining Court orders without informing Plaintiff and ultimately obtaining garnishee orders. Plaintiff asserts that Defendant’s conduct was malicious and aimed at depriving Plaintiff his hard earned income and to embarrass him. 
  • As a result of Defendant’s said breach of contractual obligations/covenants, Plaintiff suffered loss, prompting the instant Complaint. 

Count 4

Breach of contract and covenant of good faith and fair dealing

    1. Plaintiff repeats and re-alleges the allegations set forth in Paragraphs 1-26 above and incorporates same herein by reference.
  • Plaintiff avers that Defendant has been unjustly enriched at the expense of Plaintiff as it successfully claimed from Plaintiff the amount of $7,857.42. Plaintiff painfully settled this amount despite the fact that Plaintiff did not the amount or at all. As such, Defendant has profited from its negligence and illegalities at the expense of Plaintiff, an innocent customer. 
  • Defendant’s said acts and omissions leading to Defendant’s unjust enrichment were the actual and proximate cause of harm to Plaintiff. 

 

Count 5

Breach of confidentiality

  1. Plaintiff repeats and re-alleges the allegations set forth in Paragraphs 1-29 above and incorporates same herein by reference.
  2. In the alternative, Plaintiff asserts that Defendant breached its duty to confidentiality. Breach of confidentiality arises where there is unauthorized disclosure of confidential information. The disclosure might take the form or oral or verbal to a third party.
  3. The registration fake credit was presumably carried out under Plaintiff’s personal details including, without limitation, Plaintiff’s date of birth, social security numbers, phone numbers, addresses, bank account details, credit card numbers and fax numbers, among others. These details were, at all times material hereto, in the possession of Defendant.
  4. That the impugned Credit Card could be registered without Plaintiff’s knowledge only means that Defendant failed to protect Plaintiff’s confidential information thereby exposing Plaintiff to loss. 

Count 6

Claim for indemnification

    1. Plaintiff repeats and re-alleges the allegations set forth in Paragraphs 1-33 above and incorporates same herein by reference.
  • Plaintiff suffered loss as a result of Defendant’s wrongful actions and/or omissions. Accordingly, indemnity as Plaintiff was not at fault and should not have been liable to pay the amount of $7,857.42 to Defendant. 
  • Plaintiff claims for indemnification of the amount incurred wrongly. 

 

Count 7

Punitive damages

  1. Plaintiff repeats and re-alleges the allegations set forth in Paragraphs 1-36 above and incorporates same herein by reference.
  2.  Defendant’s impugned conduct was willful, wanton, oppressive and demonstrated that entire want of care which raises the presumption of a conscious indifference to consequences. For this reason, Plaintiff avers that Defendant is liable to Plaintiff for punitive damages to punish, penalize, and deter Defendant from similar conduct in the future.

 

PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays for the following relief:

  1. That Plaintiff be granted judgment against Defendant on Count I-VI above for special damages in the amount of $7,857.42 paid to Defendant;
  2. That Plaintiff be awarded punitive and exemplary damages in terms of the amount that shall be decided at trial; 
  3. Interest and costs; and
  4. That Plaintiff be granted a trial by jury;
  5. Any other relief that this Court deems necessary and proper.

 

Respectfully submitted, this…………day of…….2020

 

………………………(your signature)

By …………………….(insert your name)

Plaintiff in pro se

 

JURY TRIAL DEMAND

Plaintiff demands a jury trial on all claims and issues so triable

 

Respectfully submitted, this…………day of…….2020

 

………………………(your signature)

By …………………….(insert your name)

Plaintiff in pro se

 

IN THE SUPERIOR COURT OF GWINNETT COUNTY

STATE OF GEORGIA

BRADLEY JAMES ALBERT, an individual. )

Plaintiff, ) CIVIL ACTION NO…….

) 

Vs. )  

DISCOVER BANK )

Defendant. ) )

__________________________________________)

CERTIFICATE OF SERVICE

I BRADLEY JAMES ALBERT do certify that on …………………..day of July 2020, served Defendant with a true and correct copy of the foregoing Complaint through their registered email to the following addresses.

(Insert address for the two defendant)

 

………………………(your signature)

By …………………….(insert your name)

Plaintiff in pro se

 

EXHIBIT 1

 

EXHIBIT 2

 

EXHIBIT 3

 

EXHIBIT 4

 

EXHIBIT 5

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