Complaint Limited Filed by Assignee 5K

Cal. Super. - 6th Dist.April 16, 2019

E-FILED 4/16/2019 11:16 AM Clerk of Court Superior Court of CA, County of Santa Clara 19CV346314 Reviewed By: L Del Mundo 19CV346314 \OOOMQKJIALQN- NNNNNNNNHHH-y-p-p-t~-_.- gflomgmNHOOWQO‘M-PWN-‘O JACK H. POGOSIAN, State Bar No.2 305741 JONATHAN KOM, Slate Bar No.2 320369 NICHOL ALAN DE GUZMAN, State Bar N0.: 314989 HYO JIN JULIA JUNG, State Bar N0.: 316090 MELINE GRIGORYAN, State Bar N0.: 321 133 10601 -G TIERRASANTA BLVD, #4540 SAN DIEGO, CA 92124 Telephone: (866) 300-8750 Facsimile: (858) 309-1588 Attorneys for Plaintiff SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA DOWNTOWN SUPERIOR COURT MIDLAND FUNDING LLC Case No. Plaintiff, COMPLAINT FOR: vs. (1) Account Stated MARICRUZ AHUMADA; PRAYER AMT: $1,556.57 and DOES l through 10, inclusive LIMITED Defendant. l. Plaintiff, MIDLAND FUNDING LLC ("Plaintiff"), is a Limited Liability Company qualified t0 do business in California. 2. This court is the proper court because Plaintiff is informed and believes that Defendant MARICRUZ AHUMADA ("Defendant"), is a resident of SANTA CLARA County, State of California. 3. Plaintiff is unaware of the true names and capacities 0f Defendants sued by the fictitious names DOES l through IO. Plaintiff will ask leave 0f court t0 amend this complaint as and when the true names and capacities of Defendants named herein as DOES 1 through 10 have been ascertained. 4. At all times herein mentioned, Defendants, and each of them, were the principals, agents, employers, employees, masters, or servants 0f each 0f their co-defendants and ratified, adopted or approved the acts 0r omissions alleged herein, and each defendant, in doing the things alleged, were acting in the course and scope of said authority of such agents, servants, and employees. 5. Pursuant to California Civil Code §l788.58(a)(1), Plaintiff is a debt buyer as defined by California Civil Code §1788.50(a). .1. COMPLAINT CA_013ZG File N0.: 19-61932 \OOOQO‘xUl-BUJNr-t NNNNNNNHr-t-Aflr-tr-tHr-AHH 6. Pursuant t0 California Civil Code §1788.58(a)(2), is seeking to recover the amount 0f $1,556.57. This is the amount due 0n credit card account number XXXXXXXXXXXX-2178 ("Account")1 which was originally issued by SYNCHRONY BANK. The amount due is the result of transactions that occurred on the Account. 7. Pursuant t0 California Civil Code §1788.58(a)(3), Plaintiff is the sole owner 0f the debt. Attached hereto and incorporated herein by reference as Exhibit A is a true and correct copy 0f the Bill 0f Sale from SYNCHRONY BANK t0 Plaintiff. The account was purchased by the Plaintiff 0n April 27, 2018. 8. Pursuant t0 California Civil Code §1788.58(a)(4), the Account balance at the time 0f Charge-off was $2,056.57. 9. In accordance with California Civil Code §1788.58(a)(4), the following is an explanation 0f the amount that the Plaintiff is seeking t0 recover at the time 0f the filing 0f this Complaint: Charge-off Balancez $2,056.57 Total Post Charge-Off Interest $0.00 Total Post Charge-Off F6653 $0.00 10. Pursuant t0 California Civil Code §1788.58(a)(5), Plaintiff alleges that the date 0f defiult is September 24, 2017 and the date 0f the last payment was November 19, 2018 which was made t0 Plaintiff. 11. Pursuant t0 California Civil Code §1788.58(a)(6), Plaintiff alleges that the name 0f the charge-off creditor at the time 0f the charge-off is SYNCHRONY BANK. On information and belief the Plaintiff alleges that an address utilized by SYNCHRONY BANK at the time 0f Charge-off was P.O. BOX 965033 ORLANDO FL 32896. At the time 0f charge off the account number associated with the debt was XXXXXXXXXXXX-2 1 78. 12. Pursuant to California Civil Code §1788.58(a)(7), Plaintiff alleges that the name 0f the debtor as it appeared in the records of SYNCHRONY BANK is MARICRUZ AHUMADA and the last known address as it appeared in the records 0f SYNCHRONY BANK is 212 S RENGSTORFF AVE MOUNTAIN VIEW CA 94040. 1 Pursuant to California Rule 0f Court and California Civil Code §1788.58(c) the Account number has been redacted t0 protect the Defendant's confidential information. 2 This amount may include the charged-off principal amount ahd pre-charge-off accrued interest as set forth in the seller data sheet attachedhereto and incorporated herein by reference as Exhibit A. 3 This amount is not reflective 0f the costs incurred in the filing and service 0f this action which are recoverable pursuant to California Code 0f Civil Procedure §1033.5. -2- COMPLAINT CA_0132G File N0.: 19-61932 N \OOOQQUI-bm 10 11 12 13 14 15 16 17 18 19 20 21 :2 23 24 25 26 27 28 13. Pursuant t0 California Civil Code §1788.58(a)(8), Plaintiff alleges that the name and address 0f all post Charge-Off purchasers 0f the debt are as follows: Name Address MIDLAND FUNDING LLC 2365 NORTHSIDE DRIVE SUITE 300 SAN DIEGO CA 92108 14. Pursuant t0 California Civil Code §1788.58(a)(9) Plaintiff alleges that it has complied with the provisions 0f Civil Code §1788.52 and that it informed Defendant of the assignment of the account. Attached hereto and incorporated herein by reference as Exhibit B is a true and correct copy 0f the first written communication sent t0 the consumer by Plaintiff. 15. Pursuant t0 California Civil Code §1788.58(b) attached hereto and incorporated herein by reference as Exhibit C is a true and correct copy of a monthly statement recording a purchase transaction, payment 0r balance transfer while the account was active as required by California Civil Code §"1788.52(b). 16. The Account balance at the time of charge-off was $2,056.57, attached hereto and incorporated herein by reference as Exhibit D is a true and correct copy 0f a billing statement that was mailed to Defendant stating the balance due 0n the Account at 0r around the time 0f charge-off. 17. By this complaint, Plaintiff seeks to recover amounts of $1 ,55657 from Defendant. 18. As alleged above, before filing this suit, a1] right, title and interest to the Account were sold and assigned t0 Plaintiff. Plaintiff owns the Account and is entitled t0 collect 0n the Account as if it were the original creditor. To the extent that Plaintiff acts in its capacity as successor-in-interest to the original creditor 0r its assigns, references herein t0 Plaintiff may include Plaintiff’s predecessor-in- interest. 19. Before commencement of this action, Plaintiff informed Defendant in writing that it intended to file this action and that this action could result in a judgment against Defendant that would include court costs allowed by California Code 0f Civil Procedure § 1033(b)(2). Attached hereto and incorporated herein by reference as Exhibit E is a copy of Plaintiff’s most recent attempt at resolving the underlying obligation. MIDLAND'S EFFORTS TO RESOLVE THE UNDERLYING OBLIGATION . 20. Plaintiff MIDLAND FUNDING LLC owns portfolios 0f consumer receivables, which it attempts t0 collect. Plaintiff MIDLAND FUNDING LLC and its affiliates (collectively, “MIDLAND”) generally attempt t0 contact consumers like Defendant through several means, such as phone calls, letters, 0r other means, all in an effort t0 establish contact and to resolve the underlying obligation. 1 COMPLAINT CA_0132G File N0.: 19-6'1932 hUJN \JQUI 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 In doing s0, MIDLAND attempts t0 assess each consumer’s willingness t0 pay, through phone calls, letters 0r other means. MIDLAND attempts t0 exclude consumers from its collection efforts, where MIDLAND believes those consumers are facing extenuating circumstances or hardships that would prevent them from making any payments. 21. When MIDLAND contacts consumers, it strives t0 treat consumers with respect, compassion, and integrity. MIDLAND works with consumers in an effort t0 find mutually-beneficial solutions, often offering discounts, hardship plans, and payment options. MIDLAND’S efforts are aimed at working with consumers t0 repay their obligations and t0 attain financial recovery. MIDLAND strives to engage in dialogue that is honorable and constructive, and t0 play a positive role in consumers’ lives. 22. Despite MIDLAND’S efforts t0 reach consumers and resolve the consumer’s obligations, only a percentage 0f consumers Choose t0 engage with MIDLAND. Those who d0 are often offered discounts 0r payment plans that are intended t0 suit their needs. MIDLAND would prefer t0 work With consumers t0 establish voluntary payment arrangements resulting in the resolution 0f any underlying obligations. 23. However, the majority 0f MIDLAND’S consumers ignore calls 0r letters, and some simply refuse to repay their obligations despite an apparent ability t0 d0 so. When this happens, MIDLAND must decide then whether 20 pursue collection through legal channels, including litigation like the present action against Defendant. Although the Account is now in litigation, Plaintiff remains willing t0 explore a mutually-beneficial solution through voluntary payment arrangements, if possible. FIRST CAUSE 0F ACTION ACCOUNT STATED - AGAINST ALL DEFENDANTS 24. Plaintiff realleges and incorporates by reference the foregoing paragraphs. 25. Defendant opened, used, and derived benefit from the Account through Defendant’s own use 0f the Account 0r by another’s use at Defendant’s direction. By using the Account, Defendant expressly agreed 0r impliedly promised t0 repay Plaintiff. 26. Within the last four (4) years, Defendant became indebted 0n the Account t0 Plaintiff in the sum 0f $1,556.57 on an account stated in writing by and between Plaintiff and Defendant in which it was agreed that Defendant was indebted to Plaintiff. 27. Regular monthly statements were mailed to Defendant listing the debits, credits, and balance due 0n the Account, attached as Exhibit D. 4 COMPLAINT CA_0132G File N0.: 19-61932 28. Defendant last made a payment on the Account on November 19, 2018 t0 Plaintiff in the 1 amount 0f $500.00. 2 29. Plaintiff has n0 record 0f Defendant objecting t0 the monthly statements after receipt. 3 30. Plaintiff has made demand 0n Defendant for repayment 0f the account stated but Defendant has failed t0 pay the balance due. Attached hereto and incorporated herein by reference as 4 Exhibit B is a true and correct copy of first written communication requesting payment that was sent t0 5 the consumer by Plaintiff. 6 31. As 0f the date of this complaint there is due and owing the unpaid sum 0f $1,556.57. 7 This amount was arrived by subtracting all payments and applying all credits (if any) t0 the charge-off 8 balance 0f $2,056.57 as indicated on the charge-off statement, attached here t0 as Exhibit D. 9 WHEREFORE, Plaintiff prays for judgment against Defendant as follows: 1 0 0n the First Cause 0f Action: 1. For the unpaid balance 0f $1,556.57; 11 2. Costs of suit; 12 3. Such other relief as the Court may deem just and proper. 13 14 15 Dated: APR 0 g 2mg MIDLAND FUNDING LLC 16 17 B /\2 On 18 AN OM 19 OL ALAN DE GUZMAN O JIN JULIA JUNG 20 D MELINE GRIGORYAN 21 22 23 24 25 26 27 28 -5- COMPLAINT CA_0132G File N0.: 19-61932 EXHIBIT A AA_0125 File N0.: 19-61932 synchrony BANK BILL o! SALE For value received and in further cansideration ofthe mutual covenants and conditions set forth in the Forward Flow Accounts Purchase Agreement (the “Agreement”), dated as of the 4‘“ day of August, 20! 7 by and between Synchrony Bank formerly known as GE Capital Retail Bank; RPS Holding, L L ..;C and Retail Finance Credit Services, LLC (collectively “Seller") and Midland Funding LLC (“Buyer"), Seller hereby transfers. sells, conveys, grants, and delivers to Buyer, its successors and assigns. without recourse except as set forth in the Agreement, the Accounts as set forth in the Notification Files, delivered by Seller to Buyer on April 21, 2018, and as fimher described in the Agreement. Capitalized terms not defined herein shall have the definition ascribed in the Agreement. With respect to information for the Accounts summarized in the Notification Files, the Seller represents and warrants to Buyer that (i) the Account information constitutes the Seller’s own business records and accurately reflects in all material respects the information in the Seller’s database; (ii) the Account information was kept in the regular course cf business; (iii) the Account information was made at or near the time by, or from infomation transmitted by, a person with knowledge of the data entered into and maintained m the Account’ s database; and (iv) it is the regular practice ofthe Seller' s business to maintain and compile such data. Swaggank Retail Finance CrediggervjeshLLC Lyflsher LWer Title: SVP, Recovery Operations Title: Attorney In Fact RFS Hold1ng,LL¥4’ Byrjgw' . , nneF' her Title: Attorney In Fact Purchase Price Reconciliation/Funding Instructions April 23, 201 8 T0: Midland This FORWARD FLOW ACCOUNTS PURCHASE AGREEMENT, is made this 4th day 0f August, 20 l 7 (the “Effective Date”), by and between Synchrony Bank formerly known as GE Capital Retail Bank; RFS Holding, L.L.C.; and Retail Finance Credit Services, LLC (collectively, “Seller”) and Midland Funding LL (“Buyer”) With reference t0 the following facts and circumstances: Portfolio RMS NG Agcy_Atty Code MDFS Total Number 0f Accounts Outstanding Balances on Transfer Date Cut-Off Date April 27‘) 201 8 Transfer Date April 21, 20 l 8 Purchase Price Factor Purchase T’rice 0% Holdout Amount 0f Wire transfer Date of Funding: April 27, 2018 Bank: - ABA N0. _ Account No: _ Account Holder: Location: - AFFIDAVIT OF SALE OF ACCOUNT BY ORIGINAL CREDITOR State of Florida County 0f Seminole Ashlie Garcia being duly sworn, deposes and says: I am over l8 and not a party of this action. I am a Media Representative of Synchrony Bank formerly known as GE Capital Retail Bank. In that position I have access to creditor’s books and records, and am aware of the process of the sale and assignment of electronically stored business records. On 0r about 04/21/2018 Synchrony Bank formerly known as GE Capital Retail Bank sold a pool of charge-off accounts (the ACCOunts) by a Purchase and Sale Agreement and a Bill 0f Sale t0 Midland Funding LLC. As part of the sale 0f the Accounts, electronic records and other records were transferred 0n individual Accounts to the debt buyer. These records were kept in the ordinary course of business 0f Synchrony Bank formerly known as GE Capital Retail Bank. The Creditor has a process t0 detect and correct errors 0n these accounts. The above statements are true t0 the best 0f my knowledge. ' If Signed this 9th day 0f May, 201 8 Ashlie $arcia U Signed and sworn t0 before me this 9th day of May, 2018 EVELYN OLNER y tate of Florida-Notary Pubnc Commission 3 GG 13:}4T9- My Commission Expires Augusu4. 2021 _ 5W (Notary Stamp) NY AOS 1.3 211/2017 - St. Paul CERTIFICA’E‘E 0F CONFORMITY UNDER NYS ,CLS CPLRfig 230.9(c) AND NYS CLS R_PL § 299~a The undersigned docs hereby certify that he/she is an attorney-at-law duly admitted to practice in the State of Florida and residing in the State of Florida; that she is a person duly qualified t0 make this certificate of conformity pursuant t0 Section 299-3 ofthe Real Property Law of the State of New York; that she is fully acquainted with the laws 0f the State of Florida pertaining to the acknowledgment or proof 0f affidavits; that the acknowledgement or proof upon the foregoing Affidavit of Ashlie Garcia was taken by Evelyn Oliver, a notary public in the State 0f Florida, in the manner prescribed by the laws of the State of lilorida, being the state in which the Affidavit was taken; and, based on her review thereof, that the notarized Affidavit conforms to the laws of the State 0f Florida in all respects. Witness my signature this 9th day of M JelmLEE: NLIS/ Atto ‘y--at law, State of Florida. AFFIDAVIT OF SALE OF ACCOUNT BY ORIGINAL CREDITOR State 0f Florida County of Seminole Ashlie Garcia being duly sworn, deposes and says: I am over l8 and not a party 0f this action. I am a Media Representative of Synchrony Bank formerly known as GE Capital Retail Bank. In that position I have access t0 creditor’s books and records, and am aware 0f the process of the sale and assignment 0f electronicaily stored business records. On 0r about 04/21/2018 Synchrony Bank formerly known as GE Capital Retail Bank sold a pool 0f charge-off accounts (the Acc0unts) by a Purchase and Sale Agreement and a Bill 0f Sale to Midland Funding LLC. As part of the sale of the Accounts, electronic records and other records were transferred on individual Accounts to the debt buyer. These records were kept in the ordinary course 0f business of Synchrony Bank formerly known as GE Capital Retail Bank. The Creditor has a process t0 detect and correct errors 0n these accounts. The above statements are true t0 the best of my knowledge. Signed this 9th day 0f May, 201 8 Ashlie éarcia 5f Signed and sworn t0 before me this 9th day 0f May, 2018 ' EVELYN OLIVER‘ A :’:State of Florida--Notary Public ' 1‘5 =5 Commission # GG 134419 e M Commigsion ExpiresV August I4 202? i 7; (Notary Stamp) NY AOS 1.3 2/1/2017 - St. Paul CERTIFICATE 0F CONFORMITY UNDER NYS CLS CPLR S 2309(c) AND NYS CLS RPL § 299-a The undersigned does hereby certify that he/she is an attomey-at-law duly admitted to practice in the State 0f Florida and residing in the State 0f Florida; that she is a person duly qualified to make this certificate 0f conformity pursuant t0 Section 299-a 0fthe Real Property Law of the State 0f New York; that she is fully acquainted with the laws 0f the State of Florida pertaining to the acknowledgment 0r proof of affidavits; that the acknowledgement 0r proof upon the foregoing Affidavit of Ashlie Garcia was taken by Evelyn Oliver, a notary public in the State of Florida, in the manner prescribed by the laws of the State of Florida, being the state in which the Affidavit was taken; and, based 0n her review thereof, that the notarized Affidavit conforms t0 the laws of the State 0f Florida in all respects. Witness my signature this 9th day ofM-f JennEZIN L n Atto Vy-at-law, State of Florida. Field Field Data Acco’unt_N'umber -2178 First_Name MARICRUZ Last_Name AHUMADA SSN '*****0070 Birth_Date Account_AddrESS_1 212 S RENGSTORFF AVE City MOUNTAIN VIEW State CA Zingode 940404705 C'o‘ntract_Date 3/24/2017 Last_Payment_Date 8/17/2017 ChargeOff_Date 3/23/2018 Current_Balance 2056.57 Last_Pay_Amount 150 ChargeOff_Amount 2056.57 Lending_0ffice__Code CARE CREDIT Last_Purchase_Date 3/26/2017 Account information provided by SYNCHRONY BANK pursuant to the Bil! of Sale / Assignment of Accounts transferred on or about 04/27/2018 in connection with the sale 0f accounts from SYNCHRONY BANK to Midland Funding, LLC. EXHIBIT B AA_0126 File N0.: 19-61932 010142200461 fi§?§€§ Q? . fifi ?EE-ngfii EEVSE 08-24-2018 Maricruz Ahumada 212 S Rengstorff Ave QWNEEgE-EEP mcm Midland CreditManagement 2365 Northside Drive Suite 300 San Diego, CA 92103 Accou nt Details Original Creditor Synchrony Bank Original Account Number -2178 Current Servicer Midland Credit Management, Inc. P4T27 004 - MCM Account Number 8580112708fl Current Owner ' Midland Funding LLC Current Balance . .52 056. 57 Mountain View, CA 94040-1705 Pfiease Cail Get rid of this debt and get on with your life. This account may be forwarded to an attorney in your state. Once your account is paid: - Collection calls will stop on this account - Coilection letters will stop on this account Reply By 10-08-2018 Call (300) 939-2353 Sun-Th: Sam-me PT; _Fri-Sat: Samé4130pm PT; .. MCMPays'om ' For your reference: Call (800) 939-2353 by 10-08-2018 to Discuss Options RE Synchrony Bank Care Credit Dear Maricruz, On 04-27-2018, your Synchrony Bank/Care Credit account was sold to Midland Funding LLC, which is now the sole owner of this debt. Midland Credit Management, Inc. (”MCM"), a debt collection company, will be collecting on, and servicing your account, on behalf of Midland Funding LLC. Midland Credit Management, Inc. is considering forwarding this account to an attorney in your state for possible litigation. However, such forwarding will not occur until after the expiration of the validation period described on the back of this letter. Upon receipt of this notice, please call to discuss your options. if we don’t hear from you or receive payment by 10-08-2018, we may proceed with forwarding this account to an attorney. In addition to the validation rights described on the back 0f this letter, here are some possible options: - Pay your full balance of $2,056.57 - Call us to see how to qualify for discounts and payment plans. LET US HELP YOU! If the account goes to an attorney, our flexible options may no longer be available to you. There still is an opportunity to make arrangements with us. We encourage you to call Js: (800) 939-2353. Sincerely, Tww Bobwv Tim Bolin, Division Manager Your Account Number at Charge--off was_21.78. The Creditor at Charge--off was SYNCHRONY BANK Charge- Off Balance $2, 056. 57. m You may request the following information by writing us at 2365 Northside Drive Suite 300 San Diego, CA 92108 and the same wil! be provided to you at no cost within 3O days of receipt of your written request: 1) An account statement or complete transactional history, as appl:cabie, reflecting your name, the Iastfour digits of the account number at the time of charge- off, and the charge-ofibaiance and/or claimed balance, excluding any post charge ofipayments, 2) A listing of all prior owners of this account and transfer information, 3) Documentation evidencing the transfer of ownership of the account to Midland Funding,- 4) An account statement or complete transactional history reflecting purchase, payment or other actual use of the account or a signed document reflecting the opening of the account at issue; 5) an explanation of how any amount we are seeking to collect in excess of charge-off was calculated; and 6) If applicable, the terms and conditions applicable to the account. We are not obligated to renew any offers provided. Midland Credit Management, Inc ‘ P. 0. Box 51319 Los Angeles, CA 90051- 5619 ~ MCMPay. com PLEASE SEE REVERSE SIDE FOR IMPORTANT DISCLOSURE NFORMATION Manage Your Account Online MCMPay.com Make checks a able to: Midland Credit Management Enter your MCM Account # on all payments se hablé espanol - H (855) 983-6352 Important Disclosure Information: Please understand this is a communication from a debt collector. This is an attempt to collect a debt. Any information obtained will be used for that purpose. Unless you notify MCM within thirty (30) days after receiving this notice that you dispute the validity of the debt, or any portion thereof, MCM will assume this debt to be valid. If you notify MCM, in writing, within thirty (30) days after receiving this notice that the debt, or any portion thereof, is disputed, MCM will obtain verification of the debt or a copy of a judgment (if there is a judgment} and MCM wilt mail you a copy of such verification or judgment. If you request, in writing, within thirty (30) days after receiving this notice, MCM will provide you with the name and address of the original creditor. iSeh‘d'Pay'flrfi rit's to: V” ' » Midl‘ahd Credit Management, Inc POBOX 51319 LosthgeIes, CA 900515619 San Diego CA 92 108 Original Creditor Synchrony Bank Current Creditor Midland Funding LLC Ori inal Account 7 ' ' Nuiber “2178 Current Sewicer Midland Credit Management, Inc. Charge-Off Date 03-23-2018 MCM Account Number 8580112708 Send disputes or an instrument tendered as full satisfaction of a debt to: Attn: Consumer‘Sup'port Services 2365 Northside Drive Suite 300 ~ -You may also call- (800) 939- 2353 80 Garden Center ‘ Suite 3. ' ‘ Broomfield, CO 80020 Phone (303) 920-4763 The records associated with the Synchrony Bank account purchased by Midland Funding LLC, reflect that you are obligated on this account, which Is in default As the owner of this account but subject to the rights described below, Midland Funding LLC Is entitled to payment ofthis account. All communication regarding this account should be addressed to MCM and not the previous owner. [f an attorney represents you with regard to this debt, please refer this letter to your attorney. Likewise, if you are involved in an active bankruptcy case, or ifthis debt has been discharged in a bankruptcy case, please refer this letter to your bankruptcy attorney so that we may be notified. Please remember, even if you make a payment within thirty (30) days after receiving this notice, you still have the remainder of the thir -' (30) days to exercise the rights described above. If your payment method is a credit or debit card, it may be processed through our international card processor. Although our policy Is to not charge consumers fees based upon their payment method, your card Issuer may elect to do so due to the location of the card processor If an international transaction fee has been charged by your card Issuer that fee Is eligible for reimbursement You may contact your Account Manager to modify vour payment method to avoid these charges In the future and for information to initiate your reimbursement. As required by law, you are hereby notified that a negativé credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations. We are required under state law to notify consumers of the following additional rights. This list dues not contain a complete list of the rights consumers have under applicable law: NMLS ID: 934164 IF YOU LIVE IN CALIFORNIA, THiS APPLIES T0 YOU: The state Rosenthal Fair Debt Collection Practices Act and the federal Fair Debt Collection Practices Act require that, except under unusual circumstances, collectors may not contact you before 8 am. or after 9 pm. They may not harass you by using threats of violence or arrest or by using obscene language. Collectors may not use false or misleading statements or call you at work if they know or have reason to know that you may not receive personal calls at work. For the most part, collectors may not tell another person, other than your attorney or spouse, about your debt. Collectors may contact another person to confirm your location or enforce a judgment. For more information about debt collection activities, you may contact the Federal Trade Commission at 1-877-FTC-HELP or http://www.ftc.gov. Nonprofit credit counseling services may be availabie in the area. IF YOU LIVE IN COLORADO, THIS APPLIES TO YOU: FOR INFORMATION ABOUT THE COLORADO FAIR DEBT COLLECTION PRACT!CES ACT, SEE WWW.COAG.GOV/CAR. A consumer has the right to request in writing that a debt collector or collection agency cease further communication with the consumer. A written request to cease communication will not prohibit the debt collector or collection agency from taking any other action authorized by law to collect the debt. IF YOU LIVE IN MASSACHUSETTS, THIS APPLIES TO YOU: NOTICE OF IMPORTANT RIGHTS: You have the right to make a written or oral request that telephone calls regarding your debt not be made to you at your place of employment. Any such oral request will be valid for only ten (10] days unless you provide written confirmation of the request postmarked or deiivered within seven (7) days of such request. You may terminate this request by writing to MCM. IF YOU LIVE IN MINNESOTA, THIS APPLIES TO YOU: This collection agency is licensed by the Minnesota Department of Commerce. IF YOU LIVE IN NEW YORK CITY, THIS APPLIES T0 YOU: New York City Department of Consumer Affairs License Number 1140603, 1207829, 1207820, 1227728, 2022587, 2023151, 2023152, 2027429, 2027430, 2027431 IF YOU LIVE IN NORTH CAROLINA, THIS APPLIES TO YOU: North Carolina Department of Insurance Permit #101659, #4182, #4250, and #3777, #111895, and #112039. Midland Credit Management, Inc. 2365 Northside Drive, Suite 300, San Diego, CA 92108 IF YOU LIVE IN TENNESSEE, THIS APPLIES T0 YOU: This collection agency is licensed by the Collection Service Board of the Department of Commerce and Insurance. VALA EXHIBIT C A-A_01-27 File N0.: 19-61932 CARECREDlT/SYNCHRONY BANK Cardholder Name: MARICRUZ A AHUMADA Account Number : 21 78 Statement Closing Date: 08I25/201 7 V. H W Faymen fitomiaudn » Previous Balance $1,929.53 New Ba'ance 51779-53 "r, + New pumhases $000 Total Minimum Payment Due $58.00 . payments $1 50.00 Payment Due Date 09/1 7/2017 +v'" Cradi‘sv Fees 3* Adjustments ("8” $030 PAYMENT DUE BY 5 PM. EASTERN 0N THE DUE DATE. +r’- IHtewSt Charge ("90 $000 We may convert your payment into an eiectronic debit. See New Balance $1 ,77953 reverse side. Credit Limit $3,000.00 Available Credit $1 22000 Late Payment Warning: If we do not receive your Total . . Minimum Payment Due by the Payment Due Dale listed above, Days in Bmmg Permd 31 you may have to pay a late fee up to $37.00. Pay online for free at: mysynchrony.com Minimum Payment Warnlng: Making only the Total Minimum For Synchrony Bank customer service or to report your Payment Due will increase the amount of interest you pay and card lost or stolen, call (1-866-893-7864). the time it takes to repay your balance. Fer example: ' ' ' " "Y6u.‘v'\iill"”"’o'fi "'dl ' Best times to call are Wednesday < Friday. Only the minimum 12 years $5,460.00 payment $82.00 3 years $2,968.00 (Savings = $2,492.00) If you would like information about credit counseling services, call 1-877-302-8797, YOU MUST PAY EACH PROMOTIONAL BALANCE IN FULL BY ITS EXPIRATION DATE TO AVOID PAYING DEFERRED INTEREST CHARGES. PLEASE SEE THE PROMOTIONAL PURCHASE SUMMARY SECT10N ON THIS STATEMENT FOR FURTHER DETAILS. YOU HAVE A PROMOTIONS) EXPIRING ON 04/24/18. ' NOTICE: See reverse side and additional pages (if any) for important information concerning your account. 5302 DFI‘I l 7 22 170525 PAGE 3 Of 3 9072 3400 09M 7/2017 $1 .779.53 $ DDDD D. DD New address or e-mait? u you only pay me Total Minimum Due I1 may non pay on me Promouonal Purchase by me Expiration Daer Check the box at left and print changes on back MARICRUZ A AHUMADA 212 S RENGSTORFF AVE MOUNTAIN VIEW CA 940404 705 Make Paymem to: SYNCHRONY BANK PO BOX 960061 ORLANDO, FL 32898-0061 Cardholder Name: MARICRUZ A AHUMADA Account Number:- 2178 Statement Closing Date: 08/25/201 7 .,_..T_:fr¢tiés_iiis‘uhwmaryf'sfij. ‘ ._ 7 Promotional Promotional Deferred Tran Date Description Inmal Expiration Balance Interest Charge Purchase Dale Amount 04/24/2018 $1 179.53 $240.29 03/242017 2326"“ 'n'eresmo mere“ '1 Pa'd '“ $2,325.63 A summary of your promotional purchase is provided above. If you have a DEFERRED INTERESTING INTEREST IF PAID |N FULL promotion: To avoid paying Deferred Interest Charges on these promotion(5), you must pay the entire applicable Promotional Balance by the Promotional Expiration Date, On a Fixed Payment (Extended Payment Plan) promotional purchase, the Interest Charge is billed monthly and included as part of the Minimum Payment due. To make more than one payment see Make Payment To address 0r pay online at mysynchrony.oom. Tran Date Post Date Reference Number Description Amount 03/17/2017 03/172017 P9072007801N793M3 PAYMENT - THANK You "E15000 CR FEES TOTAL FEES Fon THIS PERIOD $0.00 INTEREST CHARGED 0312512017 0312512017 INTEREST CHARGE 0N PURCHASES $0.00 TOTAL INTEREST FOR TPIS PERIOD $0.00 Total Fees Charged in 2017 $68.00 Total Interest Charged in 201 7 $0.00 Total Interest Paid in 2017 W r . ”$430 Expiration Date Annual Balance Subject {o Interest Charge Type 0f Ba'ance Percentage Interest Rate Rate (APR) Purchases NA 26.99% $0.00 $0.00 Deferred lnterest/No Interest If Paid In Full 04/24/2018 26.99% $2053.81 $0.00 This notice i5 lo let you know about some promotional financing plans that may be available for you when you use your card for future purchases. This is only a summary of key terms. AI limes. we may offer you other promotional financing plans for .4. certain purchases. Details of available promotions will be provided to you at the time of your transactions. Not all plans or all plan periods will be available at every retailer. For purposes of this notification. your Purchase Annual Percentage Rate ("APR") is 26.99% See the Interest Charge Calculation section of Ihis billing statement to determine if this APR is variable. If a (v) is shown next to your APR, this APR will vary with the market based on lhe prime rate. Subject to credit approval. Regular account terms apply to non-promotional purchases and, after promotion ends, Io promotional purchase. No Interest if Paid Within Promotional Period (These can be advertised as Deferred Interest promotions) Under this promotion. no Interest Charges will be assessed it the promotional purchase balance is paid in full within the promotional period. If the promotional purchase balance is not paid in full by the end of the promotional period. interest will be imposed from the date of purchase at the Purchase APR stated above‘ Minimum or fixed monthly payments are required. This promotion may be offered for periods of 6. 12, 18. or 24 months. Please keep this for your records.” you have any questions. please call us at the Customer Service number shown on your statement. S302 DEH 1 7 7.2 179825 ?AGEZ of 3 9072 35:00 C‘a'JE 01C55302 In order lo protect your account privacy, we are unable to provide account information to anyone other than the cardholder(s) or an authorized party. if you wish to permit us to speak to an authorized party such as a spouse about your account, please send written authorization to the General lnquin’es address. Synchrony Bank may continue to obtain information, including employment and income information from others about you (including requesling reports from consumer reporting agencies and other sources) to review! maintain or collect your account. a sire A payment must be made each cycle to avoid late charges to your account, 5302 UFH l 7 22 170325 ?AGEE 01'3 9072 39'00 C5J3 OICSSBOZ EXHIBIT D AA_0128 File N0.: 19-61932 CARECREDlT/SYNCHRONY BANK MARICRUZ A AHUMADA Account Number : 21 78 Statement Closing Date: 02/22/2013 Previous Balance $1 £76.29 52,01 8.57 + New Purchases $0.00 Minimum Payment This Period $66.00 - Payments $0.00 Amount Past Due $369.00 +/< Credits, Fees & Adjustments (net) $38.00 Total Minimum Payment Due $435.00 +/'- interest Charge (net) $4.28 Payment Due Date 03/17/2018 New Balance $2,018.57 I . , _ Promotion(s) explnng shortly - see promotional boxes below for Credit Limit $2,400,00 datails Avai‘ab'e Cred” “-00 PAYMENT DUE BY 5 PM. EASTERN 0N THE DUE DATE. Days in Billing Period 28 We may convert your payment into an electronic debit. See reverse side. Pay onllne for free at: mysynchrony.com For Synchrony Bank customer service or to report your cafd '05! OT StOIEH. Ga" (1'365'393'7854)- Late Payment Warning: If we do not receive your Toial I . Minimum Payment Due by the Payment Due Date listed above, Best times to call are Wednesday - Friday. you may have t0 pay a late fee up t0 $3800 Minimum Payment Warning: Making only the Total Minimum Payment Due will increase the amount of interest you pay and ihe time it takes to repay your balance. For example: ' "..- ..A'fi Only the minimum 12 years $6,183.00 payment If you would like information about credn counseling services, call 1-877-302-8797. YOU MUST PAY EACH PROMOTIONAL BALANCE IN FULL BY ITS EXPIRATION DATE TO AVOID ”*AYING DEFERRED INTEREST CHARGES. PLEASE SEE THE PROMOTIONAL PURCHASE SUMMARY SECTION ON '1 HIS STATEMENT FOR FURTHER DETAILS. YOU HAVE A PHOMOTIOMS) EXPIRING ON 04/24/13. Promotional Promotional Defened Tran Date Description Initial Expiration Balance Interest Charge Purchase Date Amount 04/24/2013 s1 ,77953 $529.44 03/24/201 7 mam" 'me'esmc’ ”“e'es‘ ” Pa'd m $2,325.68 A summary of your promotional purchase is provided above. If you have a DEFERRED INTERESTING INTEREST IF PAID IN FULL promotion: To avoid paying Deferred Interest Charges on these promotion(s), you must pay the entire applicable Promotional Balance by the Promotional Expiration Date. On a Fixed Payment (Extended Payment Plan) promotional purchase. the Interest Charge is billed monthly and included as pan of the Minimum Payment due. To make more than one payment see Make Payment To address or pay online at mysynchrony.com. ”ind mmarv . . Tran Date Post Date Reference Number Description Amount FEES 02/171'2018 02/17/2018 LATE FEE $38.00 TOTAL FEES FOR THIS PERIOD $38.00 Continued on next page ‘ NOTICE: See reverse side and additional pages (if any) for important information concerning your account 5302 DFH l 7 22 180222 EDPAGE 1 of 3 9072 3:100 [‘633 UlciSBOZ Pay onllne at mysynchronycom or enclose ‘hls coupon with your check. Please use blue or black Ink. Account Number 21 TE Promotion(s) expiring shorIIy-see above $ mJED D. DD New address Dr a-mall? Payment due includes $ 369.00 past due. Please pay the past due amount PHOMPTLY. C'TECK me box at ken and NOTE: You have a Promotional Purchase Expiring. See Promotional Purchase Summary For De‘ails. pnm changes on back $369.00 03/1 7/201 8 $2018.57 MARICRUZ A AHUMADA 212 S RENGSTORFF AVE MOUNTAIN WEW CA 940404 705 Make Payment lo: SYNCHRONY BANK PO BOX 960061 ORLANDO, FL 32896-0061 Tran Date J Post Date [Reference Number Description Amount INTEREST CHARGED 02/22/201 8 0Z22l201 8 INTEREST CHARGE ON PURCHASES $4.28 $4.28TOTAL INTEREST FOR THIS PERIOD Total Fees Charged in 2018 Total Interest Charged in 201 8 Total Interest Paid in 2018 967.070 $8.24 $0.00 .2 Expiration Date Annual Balance Subject to Interest Charge Type 0f Balance Percentage Interest Rate Rate (APR) Purchases NA 26.99% $206.88 $4.28 Deferred InteresUNo Interest 1f Paid In Full 04124/2018 26.99% $2,284.38 $0.00 In order to protect your account privacy, we are unable to provide ac00unt information to anyone other than the cardholder(s) or an authorized party. If you wish to permit us to speak (o an authorized party such as a spouse about your account, please send written authorization to the General Inquiries address. YOUR ACCOUNT IS PAST DUE. PLEASE PAY THE MINIMUM PAYMENT DUE OR CONTACT THIS OFFICE AT THE PHONE NUMBER LISTED ON YOUR STATEMENT. £6.13 01055302 5302 DFH 'l 7 222’. 130222 EBPREB 3 of 3 9072 3400 C6J3 01C‘55302 EXHIBIT E AA_0[29 File N0.: 19-61932 ?égfigg GE: Legaé ?éaigmerfi E Original Credltor: SYNCHRONY BAN g Original Account Number: xxxxxxxxxxxx2178 .: _ % Current Owner: Midland Funding LLC MaricrUl Ahumada g i Internal Legal Account Number: 19-61932 P2321: 212 S Re'ngSItorff Ave E Current Balance: $1,556.57 Mountain View, CA 94040-1705 r'l-hllnlhl-III'II-i'I'IIIIIIII":I-I"'I'I-Ilmullllll-Wi' V‘s" ”5 °“"“e www,MCMPay.com 02/26/2019 Dear Maricruz, Your SYNCHRONY BANK account, owned by Midland Funding LLC, has been transferred to our ’ ' legal department. o Get rid of this debt and get on with your life Please pay $1,556.57 or call us at (856) 300-8750 to discuss your options. We have payment pians available, and we are committed to finding a solution for you. You may also make a payment online at www.MCMPa1.COm. 0 Once your account is paid .. It‘s not too late. Please call us at (866) 300-8750. A" collection calls and As of the date of this letter you owe $1,556.57. leners 0n ““5 account w'" If we do not receive payment or hear from you, we may forward your account t0 an attorney in stop! your jurisdiction. At this time, no attorney has personally reviewed the particular circumstances of your account. Your MCM account number is XXXXXX2708. When calling to discuss your account, please refer to your Internal Legal account number of 19-61932. Sincerely, iCall to Dis xss Your Options: i (866) 3008750 Boris Salamakhm, Group Manager P5. Visit us online at www.MCMPay.com. When your account has been paid, and if data related to the account is still being furnished to the consumer reporting agencies, a request will be made of the three major consumer reporting agencies to report the Midland Funding LLC trade Pine related to the above referenced account as paid‘ 003415 PLEASE SEE REVERSE SIDE FOR IMPORTANT DISCLOSURE INFORMATION Hours of Operation: M - Fri: 8:003m - 7:30pm EST Visit U5 Online z Mail: Sat: C‘OSEd www.MCMPay.com i Payment Certificate Sun: Closed Pfease tear off and return lower portion with payment m the envelope provided ' EE‘ Payment Options: 1) Pay by phone: (866) 300-8750 2) Mail in this certificate with your payment and Internal Legal Account Number: 19-61932 make check payable to: Midland Credit Original Account Number: XXXXXXXXXXXX2178 Management, Inc Current Balance: $1,556.57 Amount Enclosed: S @lg- P.O. Box 2121 Warren, Ml 48090 PRE_oo1 AA_0129 File N0.: 19-61932 Important Disclosurerinformat'ion: Please understand this is a communication from‘a debt collector. This 'is an attempt to collect a debt. Any information obtained will be used for that purpose. [ PLEASE SEE REVERSE SIDE FOR IMPORTANT DISCLOSURE INFORMATION Calls to and/or from this company may be monitored or recorded. MAIL PAYMENTS TO: P.O. Box 2121 Warren, Ml 48090 MAIL CORRESPONDENCE BUT NO PAYMENTS TO: P.O_ Box 2121, Warren, Ml 43090 If your payment method is a credit or debit card, it may be processed through our international card processor. Although our-policv is to not charge consumers fees based upon their payment method, your card issuer may elect to do so due to the location of the card processor. If an international transaction fee has been charged by vour card issuer, that fee is eligible for reimbursement. YOU may contact your Account Manager to modify your payment method to avoid these charges in the future and for information to initiate your reimbursement. We are required under state law to notify consumers of the following addifional rights. This list does not cantain a complete "s: of th'e rights consumers have under applicable law: IF YOU LIVE IN CALIFORNIA, THIS APPLIES TO YOU: California Code of Civil Procedure §1033(b)(2) requires us to notify you that in the event of legal proceedings, such legai proceedings could result in a judgment against you that could Include court costs and necessary disbursements under applicabie law, if Midland Funding LLC is found to be legally entitled to the same. PRE_oo1 AA_0129 File N0.: 19-61932 \_J