DeclarationCal. Super. - 6th Dist.November 23, 2020Electronically Filed by Superior Court of CA, County of Santa Clara, on 7/6/2021 12:00 AM Reviewed By: D Harris Case #20CV373908 Envelope: 6779736 20CV373908 Santa Clara - Civil D Harris 10 ll 12 13 l4 15 l6 l7 18 l9 20 21 22 23 24 25 26 27 28 Christopher D. Mandarich SB 220693 MANDARICH LAW GROUP, LLP P.O. Box 109032 Chicago, IL 60610 Phone: 877.285.4918 Facsimile: 818.888. 1260 Attorneysfor Plaintiff: Midland Credit Management, Inc SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA ) Case No.2 20CV373908 Midland Credit Management, Inc, ) Plaintiff, g ) DECLARATION PURSUANT T0 CODE VS~ ) OF CIVIL PROCEDURE §1033 JESUS NUNEZ, ) Defendant. 3 ) I declare as follows: 1. I am the attorney of record for the Plaintiff. I have personal knowledge 0f the facts set forth herein, and if called as a witness I would and could so testify competently. 2. Attached as Exhibit “A” is a true and correct copy of the letter which was mailed t0 the Defendant advising of Plaintiff’s intent to file suit in the Superior Court pursuant to CCP § 1033. I declare under penalty ofperjury that the forgoing is true and correct under the laws 0f the State of California. Executed at Chicago, Illinois 0n June 18, 2021 MANDARICH LAW GROUP, LLP DQMM [X] Christopher D. Mandarich Attorneysfor Plaintiffi Midland Credit Management, Inc DECLARATION PURSUANT TO CCP 1033 EXHIBIT A Please ReglyTo: MANDARICH LAW GROUP, LLP THIS LAW FIRM EMPLOYS ONEOR P.O. BOX 109032 Chicago, IL 60610 MORE ATTORNEYS ADMITI'ED TO P: 877.285.4918 Attorneys at Law PRACTICE IN THE FOLLOWING STATES: F: 818.888.1260 Alaska, California, Colorado, www.mandarichlaw.com Connecticut, District of Columbia, You may also contact us via email at Florida, Georgia, Idaho, Illinois, Iowa, |NFO@MANDARICHLAW.COM Kansas, Michigan, Missouri, Nebraska, October 4, 2020 Nevada, New York, North Carolina, Ohio, Oregon, South Carolina, Virginia, Washington wN-SEL Thomas M. McGreaI (CA, HI) Crystal Flynn (UT) Sent via US Mail JESUS NUNEZ 384 E WILLIAM ST APT 7 SAN JOSE CA 951 12-3873 Current Creditor: Midland Credit Management, Inc Our File No.: 4347004 original creditor: CAPITAL ONE BANK (USA), N.A. Original Creditor Account No.: XXXXXXXXXXXX5742 Current Balance Due: $3541 8,38 Charge Off Date 08/23/2019 NOTICE OF INTENTION TO SUE AND INCUR COSTS Dear JESUS NUNEZ, We represent Midland Credit Management, Inc. If we are unable to resolve this matter within ten (10) days of the date of this letter, our client has authorized us t0 file a lawsuit to collect the balance owing on the above-referenced account. You are hereby notified that pursuant t0 California Code of Civil Procedure Section 1033, should legal action result in a judgment against you, you may also be found liable for various court costs, including, but not limited t0, filing fees and service 0f process fees. Please give this matter your prompt attention and contact our office toll-free at 877.285.4918. Sincerely, Mandarich Law Group, LLP THIS COMMUNICATION IS FROM A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT . PURPOSE. SEE REVERSE SIDE OR ATTACHED FOR AN IMPORTANT STATEMENT OF YOUR RIGHTS. IMPORTANT NOTICE OF RIGHTS We are required under state and/or federal law(s) to notify consumers of certain rights. This list does not include a complete list of rights you may have under state 0r federal laws or regulations. Federal Law or other state laws may also provide you with similar 0r even greater rights. In California: 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 a.m. or after 9 p.m. They may not harass you by using threats 0f Violence or arrest 0r by using obscene language. Collectors may not use false 0r misleading statements or call you at work if they know 0r have reason t0 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 0r enforce a judgment. For more information about debt collection activities, you may contact The Federal Trade Commission at 1-877-FTC-HELP 0r www.ftc.gov. As required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted by the creditor t0 a credit reporting agency if you fail to fulfill the terms ofyour credit obligations. Mandarich Law Group, LLP | P.O. Box 109032 Chicago, IL 60610, | 877285.491 8