Request to Enter Default Filed

Cal. Super. - 6th Dist.September 17, 2018

CIV-105 ATTORNEYOR PARTY WITHOUT ATTORNEY Hunt & Henriques, Attorneys at Law Michael S. Hunt, Esq. ¹99804 Janalie Henriques, Esq. ¹111589 Devin Jacobean ¹308722 151 Bemal Road Suite 8, San Jose CA 95119-1306 TELEPHQNE No 408-362-2270 Fax No (optional) 408-362-2299 E-MAILADDRESS (Optional) infaehunthenriqueS.COm ATTORNEY FOR (Name) Plaintiff SUPERIOR COURT OF CALIFORNIA,COUNTY OF SANTACRUZ STREET AooREss 701 Ocean Street Room 110 MAILINGADDRESS GITY AND ZIP coDE Santa Cruz CA 95060 BRANGH NAME Santa Cruz Division PLAINTIFF/PETITIONER: MIDLANDFUNDING LLC DEFENDANT/RESPONDENT: NATHANHOWARD FOR COURT USE ONLY CASE NUMBER REQUEST FOR (Application) QQ Entry of Default QQ Judgment 18CV02676 For use only in actions under the Fair Debt Buying Practices Act (Civ. Code, 5 1788.50 et seq.) 1. On the complaint or cross-complaint filed a. on (date)l September 17, 2018 b. by (name)l Midland Funding LLC c. ~X Enter default of defendant (names): NATHANHOWARD d. ~X I request a )udgment under Civil Code section 1788.60 and Code of Civil Procedure section 585 against defendant (names): NATHANHOWARD (Testimony may be required. Check w¹h lhe clerk regarding whether a hearing date is needed.) e. ~ Default was previously entered on (date): 2. Judgment to be entered. a. Demand of complaint* .. b Interest .. c. Costs (see page 3) . d. Attorney fees ...... e. TOTALS.......... A~cunt 1,095.96 $ $ 240.50 $ $ 1,336.46 $ Credits acknowledoed 0.00 $ $ o.oo $ $ 0.00 $ Balance 1,095.96 240.50 1,336.46 (* Must be established by business records, authenticated through a sworn declaration, subm¹red with this application. (Civ. Code, 0 1 788.58(a)(4), 1 788.60(e).)) 3. This action is not barred by the applicable statute of limitations (Civ. Code, 6 1788.56). 4. Requirements for the complaint. a. The complaint alleges ALLof the following (Civ. Code, gg 1788.58, 1788.60): (I ) That the plaintiff is a debt buyer; (2) A short, plain statement regarding the nature of the underlying debt and the consumer transaction from which it is derived; (3) That the pfaintiff is EITHER the sole owner of the debt OR has the authority to assert the rights of all owners of the debt; (4) The debt balance at charge-off and an explanation of the amount and nature of, and reason for, all post- charge-off interest and fees, if any, imposed by the charge-off creditor or any subsequent purchasers of the debt; (5) The date of the default OR the date of the last payment; (6) The name and address of the charge-off creditor at the time of charge-off in sufficient form so as to reasonably identify the charge-off creditor, and the charge-off creditor's account number associated with the debt; Form Adopted for Mandatory Uee Judtoal Counal of Caifornia ov-105 INew January I, 2018] REQUEST FOR ENTRY OF DEFAULT (Fair Debt Buying Practices Act) lllllllllllNIIIIIIIIIIIIIIIIIIINIIIIIISIIIIIIII Page I of 3 Code of Civl Procedure 1585, Cant Code, I 1788 80~ coune ca gov 1267993.001 ELECTRONICALLY FILED Superior Court of California County of Santa Cruz 3/7/2019 12:03 PM Alex Calvo, Clerk By: Helena Hanson, Deputy CIV-105 PLAINTIFF/PETITIONER: MIDLANDFUNDING LLC DEFENDANT/RESPONDENT'ATHAN HOWARD CASE NUMBER 18CV02676 (7) The name and last known address of the debtor as they appeared in the charge-off creditor's records prior to the sale of the debt; (8) The names and addresses of all persons or entities that purchased the debt after charge-off, including the plaintiff debt buyer, in sufficient form so as to reasonably identify each such purchaser, and (9) That the plaintiff has complied with Civil Code section 1788 52. b. A copy of the contract or other document described in Civil Code section 1788.52(b) is attached to the complaint. Documentation requirements for default judgment. ALL of the following documents are submitted with this request for default )udgment (Civ. Code, 6 1788.60(a)-(c)): b. A copy of the contract or other document evidencing the debtor's agreement to the debt, authenticated through a sworn declaration. See Civil Code section 1788.52(b) regarding documentation, including for revolving credit accounts c Business record, authenticated through a sworn declaration, to establish. (1) That the plaintiff is EITHER the sole owner of the debt OR has the authonty to assert the rights of all owners of the debt; (2) The debt balance at charge-off, and an explanation of lhe amount and nature ot, and reason for, all post- charge-off interest and fees, ¹ any, imposed by the charge-off creditor or any subsequent purchasers of the debt, (3) The date of the default OR the date of the last payment; (4) The name and address of the charge-off creditor at the time of charge-off in sufficient form so as to reasonably identify the charge-off creditor, and the charge-off creditor's account number assoaated with the debt; (5) The name and last known address oi the debtor as they appeared in the charge-off creditor's records pnor to the sale of the debt; and (6) The names and addresses of all persons or entities that purchased the debt after charge-off, including the plaintiff debt buyer, in suffiaent form so as to reasonably identify each such purchaser Date March 5, 2019 Devin Jacobsen ¹308722 (TYPE OR PRINT NAME) (I)~ Default entered as requested on (dale)i (2) ~ Default NOT entered as requested (stere reason) FOR CO(JRT USE ONLY Clerk, by ttgATURE OF PLAINTIFF OR ATTORNEY FOR PLAINTIFF) , Deputy 6. Legal document assistant or unlawful detainer assistant (Bus. 5 Prof. Code, 5 6400 et seq.). A legal document assistant or unlawful detainer assistant ~ did ~X did not for compensation give advice or assistance with this form. Ildec)arant has received any help or advice forpay from a legal document assisfanr or unlawful detainer assislanl, state: a. Assistant's name: b Streei address, city, and zip code c. Telephone noz d. County of registration e Registration no '. Expires on (dere)i 7. MX Declaration under Th;s a tion a. H Is IX Is riot ~x Code Civ. Proc., 5 585.5 (for entry of default under Code Civ. Proc., g 585(a)). on a contract or installment sale for goods or services subject to Civ. Code, 6 1801 et seq. (Unruh QQnd tJQ I Ie Qnt Qt s biect tQ Ov CQdQ g '29at Ql QQ IRQQS I QYQ Pg keQtQr t/QhicIQ and Finance Act). on an obligation for goods, services, loans, or extenstons of credit sub)act to Code of Civ Proc., gc. IX is H is not Act). QEI 395(b). c -ios INee aaaaaty I, 20)si REOUEST FOR EffTRY OF DEFA()LT (Fair Debt Buying P.actices Act) Pflse 2 ei 2 1267993.001 X 3-7-19 Helena Hanson Civ-105 PLAINTIFF/PETITIONER; MIDLANDFUNDING LLC DEFENDANT/RESPONDENT: NATHANHOWARD CASE NUMBER: 18CV02676 (2) To (spec//y names and addresses shown on Ihe enve/opes) 740 N PLYMOUTH ST APT 207 SANTA CRUZ CA 95060 I declare under penalty of perjury under the laws of the State of California that the foregoing items in 6, 7, and 8 are true and correct. Date: March 5, 2019 8. Declaralion of mailing (Code Civ. Proc., g 587). A copy of this Request for Entry of De/su//was a. not mailed to the following defendants, whose addresses are unknown to plaintiff or plaintiff's attorney (names): b. ~X mailed first class, postage prepaid, in a sealed envelope addressed to each defendant's attorney of record or, if none, to~ each defendant's last known address as follows: (1) Mailed on (dare)/ March 5, 2019 NATHANHOWARD Devin Jacobsen ¹308722 (TYPE OR PRINT NAME) )SIGNATURE OF DECLARANT) 9. Declaration of nonmilitary status (required for a judgmen/). No defendant named in ite 1c of the application is in the military service as that term is defined by either the Servicemembers Civil Relief Act, 50 U.S.C. App. g 3911(2). Or California Military and Veterans Code section 400(b). 3/5/2019NOT ACTIVE 10. Memorandum of costs (requ/red ifmoney judgment requested). Costs and disbursements are as follows (Code Civ. Proc., 5 1033 5)'. Clerk's filing fees ..................... $ 181.00 b. Process server's fees................. $ 59.50 c. Other (spea/y)/ .. d. e. TOTAL f. ~ Costs and disbursements are waived. 240.50 g. I am the attorney, agent, or party who claims these costs. To the best of my knowledge and belief this memorandum of costs is correct and these costs were necessanly incurred in this case. I declare under penalty of perjury under the laws ol the State of California that the foregoing items 9 and 10 are true and correct. Date: March 5, 2019 Devin Jacobsen ¹308722 (TYPE OR PRINT NAME) Is)GNATUGE QF DEGLARANT) Civ-los )New. January I, aoia] REQUEST FOR ENTRY OF DEFAULT (Fair Debt Buying Practices Act) Pace 3 of 3 1267993.001