Complaint Limited Up to 10KCal. Super. - 6th Dist.November 23, 2020DocuSign Envelope ID: AF95DF2F-A44B-4225-96A7-01 75822994CE E_F|LED PLD-C-001 A‘ITORNEY DR PARTY WlTHOUT ATI'DRNEY (Name. Slate Bar number. and address): 1 1 /23/2wwwww FLINT c ZIDE, SBN 150369/5ARKI5 s KARAYAN, SBN 316926 LAW OFFICE 0F HARRIS & ZIDE Clerk 0f court 1445 HUNTINGTON DRIVE, SUITE 300 Superior Court of CA, SOUTH PASADENA CA 91030 TELEPHONENO: 525.799-3444 FAX No. (Optional): 525-799-8419 county Of santa Clara E-MML ADDRESS (Optional): 200V373924 m-rDRNEY FOR (Name): PLAINTIFF Reviewed By; R_ Tien SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA STREETADDRESS: 191 NORTH 1$T STREET MAILING ADDRESS: cm ANDZIP CODE: San Jose CA 95113 BRANCHWE: SAN JOSE COURTHOUSE PLNNTIFFT JEFFERSON CAPITAL SYSTEMS, LLC DEFENDANT: GRACE ROMO E Dogs 1 To 5, INCLUSIVE CONTRACTE COMPLAINT E AMENDED COMPLAINT (Number).- Ecnosscompwm E AMENDED cnoss-COMPLAINT (Number): Jurisdiction (check a" that apply): ACTION IS A LIMITED CIVIL CASE Amount demanded X does not exceed $10,000 exceeds $1 0,000 but does not exceed $25,000E ACTION Is AN UNLIMITED CIVIL CASE {exceeds $25,000) ZOCV373924E ACTION IS RECLASSIFIED by this amended complaint or cross-complaint Efrem limited tn unlimited Efrom unlimited to limited CASE NUMB ER: 1. Plaintiff" (name or names): JEFFERSON CAPITAL SYSTEMS, LLC alleges causes of action against defendant” (name ornames): GRACE ROMO DOES 1 T0 5, INCLUSIVE 2. This pleading, including attachments and exhibits, consists of the following number of pages: 3. a. Each plaintiff named above is a competent adult except plaintiff (name); JEFFERSON CAPITAL SYSTEMS, LLc (1) Ea corporation qualified to do business in Califomia (2) Earl unincorporated entity (describe): (3) -other (spasm; LIMITED LIABILITY COMPANY b.E Plaintiff (name): a. Ehas complied with the fictitious business name laws and is doing business under the fictitious name (speciw: b-E has complied with all licensing requirements as a licensed (specifix): c,E Information about additional plaintiffs who are not competent adults is shown in Attachment 3c. 4. a. Each defendant named above is a natural personE except defendant (name): E except defendant (name): (1)E a business organization, form unknown (1)E a business organization, form unknown (2) Ea corporation (2)E a corporation (3) Dan unincorporated entity (describe): (3)E an unincorporated entity (describe): (4)E a public entity (describe): (4)E a public entity (describe).- (5) Eother (specify): (5)E other (special: “ fl H15 farm Is used as a cross-compiaint, plainflff means cmmmplalnant and defendant means cmss-defendant. Pago1 of 2 “flmmgfggflgnfifi TA044881 COMPLAINT-Conh'act Code of CMI Procedure, § 425.12 PLD-oom [Ram January 1,2007] DocuSign Envelope ID: AF95DF2F-A44B-4225-96A7-01 75822994CE PLD-C-DM SHORT TITLE: CASE NUMBER: JEFFERSON CAPITAL SYSTEMS, LLC Vs. GRACE ROMO 4. (Continued) b. The true names of defendants sued as Does are unknown to plaintiff. (1) D Doe defend ants {specifl/ Doe numbers): were the agents or employees of the named defendants and acted within the scope of that agency or employment. (2)E Doe defendants (specify Doe numbers): are persons whose capacities are unknown to plaintiff. c. D Information about additional defendants who are not natural persons is contained in Attachment 4c. d, E Defendants who are joined under Code of Civil Procedure section 382 are (names): 5. D Plaintiff is required to comply with a claims statute, and a. E has complied with applicable claims statutes, or b. E is excused from complying because (specify): 6. E This action i5 subject to D Civil Code section 1812.10 D Civil Code section 2984.4. 7. This court is the proper court because a. D a defendant entered into the contract here. b. D a defendant lived here when the contract was entered into. c_ a defendant lives here now. d. D the contract was to be performed here. e. D a defendant is a corporation or unincorporated association and its principal place of business is here. f. D real property that isthe subject ofthis action is located here. 9- other (Special): CCP 395(3) 8. The following causes of action are attached and the statements above apply to each (each complaint must have one or more causes of action attached): D Breach of Contract m Common Counts D Other (specify): 9- E Other alleyati‘mSI Plaintiff is a debt buyer and the sole owner/assignee of an agreement entered into by defendant(s) on a credit card account ending in 3034 with Plaintiff's predecessor CIT BANK Plaintiff having taken said assignment for value. This account was purchased by plaintiff after 1/1/14. 10. Plaintiff prays for judgment for costs of suit; for such relief as is fair, just, and equitable; and for a. damages or: $ $3,082.56 b. D interest on the damages (1)D according to proof (2)D at the rate of (special): percent per year from (date): c. D attorney's fees (1)D of: $ (2)D according t0 proof. d. other (specify): SUCH OTHER RELIEF As THE COURT DEEMs PROPER. 11. D The paragraphs of this pleading alleged on information and belief are as follows (speoifl/ paragraph numbers): Date: 11/17/2020 2 A FLINT c. ZIDE } (TYPE OR PRlNT NAME) {SIGNATURE OF PLALNTlFF OR AWDRN EY} (Ifyou wish to verify this pleading, am‘x a verification.) PLW1 [Rem January 1.20071 COMPLAINT-Contract Pageant: DocuSign Envelope ID: AF95DF2F-A44B-4225-96A7-01 75822994CE PLD-c-oo1(2) SHORT TITLE: JEFFERSON CAPITAL SYSTEMS, LLC Vs. GRACE ROMO CASE NUMBER: FIRST (n umbee) CAUSE 0F ACTION-Common Counts ATTACHMENTTO Complaint D Cross-Complaint (Use a separate cause ofacfion form far each cause of action.) CC-1. Plaintiff (name): JEFFERSON CAPITAL SYSTEMS, LLC alleges that defendant (name): GRACE ROMO became indebted to a. b. 00-2. $ plaintiff D other (name): within the last four years (1) (2) on an open book account for money due. because an account was stated In writlng by and between plalntlff and defendant In whlch It was ag reed that defendant was indebted to plaintiff. within thelast D twoyears fouryears (1) (2) D (3) D (4) (5) (5) D for money had and received by defendant for the use and benefit of plaintiff. for work. labor. services and materials rendered at the special instance and request of defendant and for which defendant promised to pay plaintiff.D the sum of $D the reasonable value. for goods, wares. and merchandise sold and delivered to defendant and for which defendant promised to pay plaintiffD the sum of $D the reasonable value. for money lent by plaintiff to defendant at defendant's request. for money paid, laid out. and expended to orfor defendant at defendant's special instance and request. other (special): , which is the reasonable value, i5 due and unpaid despite plaintiff's demand, plus prejudgment interest D according to proof E at the rate of percent per year from (date): CC-3. D Plaintiff is entitled to attorney fees by an agreement or a statute DowD according to proof. 004. m Other:$3,082.56, which is the fixed and agreed amount, is due and unpaid despite plaintiff’s demand. Plaintiff is the sole owner and current assignee of this account, whose account number at time of charge off ended in 3034, and was originally owned by CIT BANK, 2150 South 1300 East Suite 400 , Salt Lake City, UT 84106 . WEBBANK, 215 SOUTH STATE ST STE 800, SALT LAKE CITY UT 84111, was the creditor at time of charge off. $3,082.56 was the balance at time of charge off, as shown by Attachment 1. Defendant defaulted on or about August 6, 2017. The last payment was made on this account on March 6, 2017, as shown by Attachment 2 The debtor's name and address appeared in the original creditor's records prior to the sale of the debt or as of 12/31/13, as shown in Attachment 3. The names and addresses of all entities who have purchased the debt after charge of'f are as follows on Attachment 3. Plaintiff has complied with Civil Code Section 1788.52. Page PE: 1 of 1 Fm“APPWW“ 0PM“ Use CAUSE OF ACHON-Common Counts WWW“ Pmmre>§42512 Judicia; Councu oi Cautomla PLD-c-uouz) (Rev. January 1,2009] www.caurflnlmagov DocuSign Envelope ID: AF95DF2F-A44B-4225-96A7-0175822994CE ATTACHM ENT ”1” DocuSign Envelope ID: AF95DF2F-A44B-4225-96A7-01 75822994CE FiNGERHUT . Advantage Account summary Previous Balance 3,018.47 v ’ v. -_ .. Payments & Credits 0.00 Payment .mmahon Purchases & Debits 0.00 New Balance 3,082.56 Fees Charged 0'00 Minimum Payment Due 530.04 '"tereSt Charged 54-09 Mail Payment By 07/29/17 New Ba'ance 3982-55 Payment Due Date 08/05/17 Greg” Limit I 0 Late Payment Warning: If we do not receive your minimum Ava'lable cred't 0 payment by the Payment Due Date listed above, you may have to pay Statement Closing Date 07/09/17 a |ate fee of up to $38_oo_ Days m CyCIe 3o Minimum Payment Warning: If you make only the minimum Past Due Amount 375.92 payment each period, you will pay more in interest and it wi|| take you Minimum payment Due 53o_o4 longer to pay off your balance. For example: _ If you make no additional You will pay off the And you will end up InterGSt Charge calcu'atlon charges using this card balance shown on this paying an estimated total and each month you pay: statement in about: of: Type of Annual Percentage Balance Subject Interest 0n|y the minimum 7 years $4,639 Balance Rate (APR) to Interest Rate Charge payment Non Deferred 25.65%(v) 2,364.62 50.53 If you would like information about credit counseling services call 1-888<364-2268. Non Deferred 24.90% 653.85 13,56 To avoid additional interes1 charges, pay the New Balance by the Payment Due Date. (v) APR will vary with the market, based on the Prime Rate. Fees Date Order Number Description Amount TOTAL FEES FOR THIS PERIOD 0.00 Interest Charged 07/09/1 7 INTEREST CHARGE 64.09 TOTAL INTEREST THIS PERIOD 64.09 TOTAL FEES YTD 2017 27.00 TOTAL INTEREST YTD 201 7 306.58 NOTICE: See Reverse Side for Important Information Inquiries Regarding Your FingerhutAdvantage Credit Account issued by WebBank: English: 1-800-208-2500 En Espafiol: 1-800-556-3208 Makengymgnn Vonilng g; www.finggmut.comIMyAccount FiNGERHUI . Advantage Or tear off and return with your payment by mail. Make your check payable to Fingerhut. Account Number MAIL PAYMENT BY MINIMUM DUE New Balance Amount Enciosed XXXX-XXXX-XXXX-3034 Customer Number 07/29/1 7 $53004 $308256 2232600943 Make your check payable m Fingerhut and mail to: 2232600943 ????gsROMO Po Box 166 135 FRANKLIN ST NEWARK, NJ 07101-0166 MOUNTAIN VIEW CA 94041-1479 DocuSign Envelopgllgg AfggpEgF-A44B4225-96A7-o1 75822994CE Your payment will be cladfled tn your account on [he same day we receive it if the bottom ponion of this statement and your check are received by us on a processing day by 5:00 pm Easlern Time in the enclosed envelope al out processing center. Payments received aflet 5:00 pm Eastern Time will be credited on the next processing day. Please allnw at least seven (7) days for poslal delivery. Payments received at any ulher location in anomer funTI or with other documents may nol be credited the same day we receive lhe payment. Our processing days are Monday Ihruugh Sunday excluding holidays for payments received by mall. Paymenls received on holidays will be credfled as of the previous processing day. When you send us a check as a payment. you aulhorize us to use information from your check to make a onetime elec1mnic fund transfer from your deposit account. or to process the paymenl as a check transaction, When we use infamafion from your check lo make an elec’monic fund hansfer‘ iunds may be withdrawn from yout deposit account a5 soon as lhe same day we receive payment, and you wil‘ ml receive your check back fmm your financial insfi‘tuliun. If your check is relumed 1o us due to non-suf‘ficient funds we may also r&depnsit it through a oneJime electronic fund transfer. You may also make a payment at anytime on your Fingerhut Advantage Account a! fingerhutmmeonaoum or via an automated phone payment at 1300A 2032500. Online and automated phone payments will be posted as of the same day it made before 11:00 pm Central Time, If your statement shows a credit balance, you may request a refund 01 the credit by contacting Fingerhut Credit Services, at me address shown bebw. You may pay the entile balance on your accounl at anyfime wimout incurring any additional charges Iur prepayment. PAYMENTS Make checks payable to Fingerhul and mail to: Fingerhul Credit Account Services, P.0‘ Box 155‘ Newark. NJ 071010155 Haase vm'le you: Fingerhul Advantage Account numhet on your check, Do nut send correspondence to h‘lis address. Mafl your payment in the enclosed envelnpe with the payment coupon at the bottom of your statement. WHAT TO DO IF YOU THINK YOU FIND A MISTAKE 0N YOUR STATEMENT If youlhink there i5 an error on your statement, write us at Fingemul Credit Account Services, P.O_ Box 1250‘ Saint Cloud MN 56395-1250. In your letter‘ give us me following infon'nation: - Amount Information: Your name and WebBanleingerhulAdvantage Credil Account Number. ' Dollar Amount The dollar amount of the suspected error. - Dewiplion of ProbIem: If you think lhele is an enor on your bill. desa‘lbe what you believe is wtong and why you believe it is a misiake. You mus! contact us wilhin 60 days anal the anal appealed 0n your statement. You must notify us of any potential errors in writing. You may mll us. bul 'rf you do we are nut required to hvesfigate any polential enors and you may have to pay lhe amount in queslion. Whilewe investigate whefl'ler or n01 lhere has been an errur‘ the lollowing are true: - We cannot Iry to collect lhe amounl in question. or report you as delinquent. ' The charge in question may remax'n on your stalement. and we may continue to chalge you interest on that amount. But, ifwe delennine thalwe made a mistake, you will mi have to pay lhe amounl in question or any imelesi or 01212! fees related to that amount. - While you du not have t0 pay the amount in question, you are {esponsible for the remainder of your balance. - We can apply any unpaid amount against your credil limit. YOUR RIGHTS IF YOU ARE DISSATISFIED WITH YOUR CREDIT PURCHASES While we inmligale, the same rules apply tn the disputed amouni as discussed abova Afler we finish our investigation, we will Iell you out decision At that point. iiwe think you owe an amount and you do not pay we may Iepon you as delinquent CREDIT BUREAU DISPUTES If you believe we inaonumtefy reported aedil history information about you Dr your Amount to a credit reporting agency. caIl us al 1366-?340342 or wn‘te 10 us at: Credit Buteau Reponing Services. 6250 Ridgewood Road, Saint Cloud MN 55303. Please provide me Fingemut Advanlage Credil Account number along wflh a copy of your credit buleau repon reflecting lhe infomation lhai you believe is inaccurate. HOW WE CALCULATE INTEREST CHARGES To calculate lhe inlerest chaIge payable each month. we multiply the average daily balance times the monthfy penodic rate and, if applimble, add any defened interesl charge (see DEFERRAL PERIODS). Your monlhly periodic rate may vary each billing cycle. The monlhly periodic rate is determined by dividing the APR by 127 Your Ancoum is subjed ho a minimum interest charge of $1.00, Average Daily Balance: We figure the inlmest charge on your Account by applying lhe monthly periodic rate to the “average daily balance“ of your Amount, including currem transactions. To get the ‘average daily balance” we take the beginning balance 0f you: Account. each day, add any new purchases, charges and othel fees. and subtracl any payments or uedfls, Purchases subjed to Deferral Periods described below ate excluded from our catculalion of the "average daily balanm‘ until the day {allowing 111a expiration oi lhe Deferral Period” This gives us lhe deity balance. Then, we add up all lhe daily ba‘ances for that bi1ling cycle and dwide the total by Ihe number of days in me billing cycle. This gives us the “average daily ba‘ance'. Inlelest charges begin to acme on each purchase on Ihe date o! the purchase. However, if you paid the new ba1ance on your previous Statement by the payment due date Shawn on the stalement, then: (1) i1 you pay Ihe new balance on your mnenl billing stalement by the payment due dale shown, we impose no intelest charges on pumhases during the amen! billing cyde‘ and (2) il you make a payment by the paymenl due date shown on your current billing statement that is less lhan the new balance. we will medit lhai paymenlas o! Ihe first day in your current billing cyde. In addition, if your Stalemem reflected a new balance and you did not pay that new balance in full by the payment due dale un that previous statement then we will nol impose inlerest charges on any purchases during the wnenl billing cycle if you pay Ihe baianoe shown on your current Statement by 1he payment due date reflected on Ihat current statement. DEFERRAL PERIODS WebBank may offer Accounls ptomofional oredil offers. These offers include. but are not limited to, deferred inlemst offers o: reduced paymenls wilh deferred inlemst offers. Special rules apply to these promotional credit offels. which are described at the lime of Ihe after. - The daie, amount and description 01 each puldlase are identified on your periodic sMement for Ihe period when you make the purchase. - Each periodic statement oonlains a summary of all aciive deferred offers, induding unpaid principal balances, any accrued interest charges and Ihe date which the principal balm (New Balance} of each plan must be paid in full lo avoid interest charges in wnnecfion with your pumhase, I For offers with defened inlerest, if you pay Ihe delerred portion on 0! before the last day of the applicable deferred period you pay no interest charges in connection with your purchase. Otherwise, we add a deferred interest charge to your Account an the expilalion date. - We figure accmed inleresl chalges cam month by multiplying the average dafly balance at each deiened balance by the monthly periodic rate. I We do consider all deferred purchases for purposes of determining your available credit If you use your card to make a purchase and you are dissatisfied with the goods or services Ihat you Ieoeive, you may have Ihe Iigm nolto pay the remaining amount due on file purchase. To use this n'ght. a1l ol‘ the lollawmg must be true: 1. The purchase must have been made in yum home State or within 100 miles oi your current mailing address. and Ihe purchase pnce must have been more Ihan $50. (Note: Neither of these are necessary if yuur purchase was based on an advenisement we mailed to you, or if we own the company that sold you the goods or services.) 2. You must have used your card fur the purchase. 3. You mus! have nol yet fully paid for Ihe purchase. If all of Ihe uiteria abcwe are met and you are sfill dissafisfied wilh Ihe purchase, wnlaci us "n wn‘ling at: Fingerhut Credfl Account Services, PD. Box 1250, Sainl Cloud MN 56395-1250. NOTICE 0F ASSIGNMENT: The right to renaive paymenl on your Fingerhut Advantage Credit Account has been assigned hy WebBank to Fingerhut. MARYLAND RESIDENTS Maryland law requires thal ifyou send us a written quuest aboul the s1atus of your amount and we do not answer lhat request within BO days after we receive it, you are not requiI'Ed to pay a finance charge for that 60 day period or unfil we answer. QUESTIONS ABOUT YOUR STATEMENT E-mail us at customerservice@fingerhuLoom or all 1800-20fi2500 (English) 160G566-3208 (En Espafiol) IMPORTANT! Has your address, phone number. or e-mail address changed? If so, please fill in any NEW information in the spaces below and we will update your account. Account 'Phone: ' ' A ' ‘ Name Ll J ,,J',,;,,',,l,: fl i, ii L IV 7 jf:E-j Addressi_l.1‘flii.:_\.lii.jlliWW‘ 0in [ \ 1 11 \ ‘ - \ | W Stale F ‘Zip' l f7f‘ E-Mail Address Please provide your e-mail address for business transactions (We will not send promotional material without your permission.) l] Check here if you'd like to receive e-mails about Fingerhul special deals and events. Consent for Use of Telephone Numbers: You authorize WebBankiFingerhut, their affiliates, agents, and others calling at their request or on their behalf to contact you at any number (i) you have provided to us (ii) from which you have called us, or (iii) which we obtain and believe we can reach you at. We may contact you in any way, such as calling, texting, using an automated dialer or using pre-reoorded messages. We may contact you on a mobile, wireless. or similar device. even if you are charged for it by your provider. DocuSign Envelope ID: AF95DF2F-A44B-4225-96A7-0175822994CE ATTACHM ENT ”2” DocuSign Envelope ID: AF95DF2F-A44B-4225-96A7-01 75822994CE FiNGERHUI . Advantage Account summary Previous Balance 2,897.01 v ’ -_ . Payments & Credits 75.00 Payment Immahon Purchases & Debits 0.00 New Balance 2,857.82 Fees Charged 0'00 Minimum Payment Due 75.00 Interest charged 35.81 Mail Payment By 03/29/17 New Balance 2'857‘82 Payment Due Date 04/05/17 credit Limit I 3’000 Late Payment Warning: If we do not receive your minimum Ava'lable cred” 0 payment by the Payment Due Date listed above, you may have to pay Statement Closing Date 03/09/17 a |ate fee of up to $33_00_ Days m CyCIe 28 Minimum Payment Warning: If you make only the minimum Past Due Amount 0.00 payment each period, you will pay more in interest and it will take you Minimum payment Due 75_oo longer to pay off your balance. For example: _ If you make no additional You will pay off the And you will end up lmereSt Charge calcu'atlon charges using this card balance shown on this paying an estimated total and each month you pay: statement in about: of: Type of Annual Percentage Balance Subject Interest 0n|y the minimum 4 years $3,892 Balance Rate (APR) to Interest Rate Charge payment Non Deferred 14.90% 2,268.99 28.15 $99 3 years $3,561 Non Deferred 14.90% 617.30 7.66 (Savings of$331) If you would like information about credit counseling services call 1-888-364-2268.v APR will va with lhe market, based on the Prime Rate. _ l _ _( ) ry To avond additional Interest charges, pay me New Balance by the Paymem Due Date. Transactions Date Order Number Description Amount 03/06/1 7 PAYMENT - THANK YOU -75.00 Fees TOTAL FEES FOR THIS PERIOD 0.00 Interest Charged 03/09/1 7 INTEREST CHARGE 35.81 TOTAL INTEREST THIS PERIOD 35.81 TOTAL FEES YTD 2017 0.00 TOTAL INTEREST YTD 201 7 108.84 NOTICE: See Reverse Side for Important Information Inquiries Regarding Your FingerhutAdvantage Credit Account issued by WebBank: English: 1-800-208-2500 En Espafiol: 1-800-556-3208 u---------------------------------------------------------------------------------------------------- fugkeyaymems anging a5; www.fingarhut.conuMyAcc_ount Or tear off and return with your payment by mail. Make your check payable to Fingerhut. FiNGERHUI . Advantage Account Number MAIL PAYMENT BY MINIMUM DUE New Balance Amount Enciosed XXXX-XXXX-XXXX-3034 Customer Number 03/29/1 7 $75.00 $2,857.82 2232600943 Make your check payable to Fingerhut and mail Io: 2232600943 Efifii’gfom Po Box 166 135 FRANKLIN ST MOUNTAIN VIEW CA 94041-1479 NEWARK, NJ 071 01-0166 DocuSign Envelopgllgg AfggpEgF-A44B4225-96A7-o1 75822994CE Your payment will be cladfled tn your account on [he same day we receive it if the bottom ponion of this statement and your check are received by us on a processing day by 5:00 pm Easlern Time in the enclosed envelope al out processing center. Payments received aflet 5:00 pm Eastern Time will be credited on the next processing day. Please allnw at least seven (7) days for poslal delivery. Payments received at any ulher location in anomer funTI or with other documents may nol be credited the same day we receive lhe payment. Our processing days are Monday Ihruugh Sunday excluding holidays for payments received by mall. Paymenls received on holidays will be credfled as of the previous processing day. When you send us a check as a payment. you aulhorize us to use information from your check to make a onetime elec1mnic fund transfer from your deposit account. or to process the paymenl as a check transaction, When we use infamafion from your check lo make an elec’monic fund hansfer‘ iunds may be withdrawn from yout deposit account a5 soon as lhe same day we receive payment, and you wil‘ ml receive your check back fmm your financial insfi‘tuliun. If your check is relumed 1o us due to non-suf‘ficient funds we may also r&depnsit it through a oneJime electronic fund transfer. You may also make a payment at anytime on your Fingerhut Advantage Account a! fingerhutmmeonaoum or via an automated phone payment at 1300A 2032500. Online and automated phone payments will be posted as of the same day it made before 11:00 pm Central Time, If your statement shows a credit balance, you may request a refund 01 the credit by contacting Fingerhut Credit Services, at me address shown bebw. You may pay the entile balance on your accounl at anyfime wimout incurring any additional charges Iur prepayment. PAYMENTS Make checks payable to Fingerhul and mail to: Fingerhul Credit Account Services, P.0‘ Box 155‘ Newark. NJ 071010155 Haase vm'le you: Fingerhul Advantage Account numhet on your check, Do nut send correspondence to h‘lis address. Mafl your payment in the enclosed envelnpe with the payment coupon at the bottom of your statement. WHAT TO DO IF YOU THINK YOU FIND A MISTAKE 0N YOUR STATEMENT If youlhink there i5 an error on your statement, write us at Fingemul Credit Account Services, P.O_ Box 1250‘ Saint Cloud MN 56395-1250. In your letter‘ give us me following infon'nation: - Amount Information: Your name and WebBanleingerhulAdvantage Credil Account Number. ' Dollar Amount The dollar amount of the suspected error. - Dewiplion of ProbIem: If you think lhele is an enor on your bill. desa‘lbe what you believe is wtong and why you believe it is a misiake. You mus! contact us wilhin 60 days anal the anal appealed 0n your statement. You must notify us of any potential errors in writing. You may mll us. bul 'rf you do we are nut required to hvesfigate any polential enors and you may have to pay lhe amount in queslion. Whilewe investigate whefl'ler or n01 lhere has been an errur‘ the lollowing are true: - We cannot Iry to collect lhe amounl in question. or report you as delinquent. ' The charge in question may remax'n on your stalement. and we may continue to chalge you interest on that amount. But, ifwe delennine thalwe made a mistake, you will mi have to pay lhe amounl in question or any imelesi or 01212! fees related to that amount. - While you du not have t0 pay the amount in question, you are {esponsible for the remainder of your balance. - We can apply any unpaid amount against your credil limit. YOUR RIGHTS IF YOU ARE DISSATISFIED WITH YOUR CREDIT PURCHASES While we inmligale, the same rules apply tn the disputed amouni as discussed abova Afler we finish our investigation, we will Iell you out decision At that point. iiwe think you owe an amount and you do not pay we may Iepon you as delinquent CREDIT BUREAU DISPUTES If you believe we inaonumtefy reported aedil history information about you Dr your Amount to a credit reporting agency. caIl us al 1366-?340342 or wn‘te 10 us at: Credit Buteau Reponing Services. 6250 Ridgewood Road, Saint Cloud MN 55303. Please provide me Fingemut Advanlage Credil Account number along wflh a copy of your credit buleau repon reflecting lhe infomation lhai you believe is inaccurate. HOW WE CALCULATE INTEREST CHARGES To calculate lhe inlerest chaIge payable each month. we multiply the average daily balance times the monthfy penodic rate and, if applimble, add any defened interesl charge (see DEFERRAL PERIODS). Your monlhly periodic rate may vary each billing cycle. The monlhly periodic rate is determined by dividing the APR by 127 Your Ancoum is subjed ho a minimum interest charge of $1.00, Average Daily Balance: We figure the inlmest charge on your Account by applying lhe monthly periodic rate to the “average daily balance“ of your Amount, including currem transactions. To get the ‘average daily balance” we take the beginning balance 0f you: Account. each day, add any new purchases, charges and othel fees. and subtracl any payments or uedfls, Purchases subjed to Deferral Periods described below ate excluded from our catculalion of the "average daily balanm‘ until the day {allowing 111a expiration oi lhe Deferral Period” This gives us lhe deity balance. Then, we add up all lhe daily ba‘ances for that bi1ling cycle and dwide the total by Ihe number of days in me billing cycle. This gives us the “average daily ba‘ance'. Inlelest charges begin to acme on each purchase on Ihe date o! the purchase. However, if you paid the new ba1ance on your previous Statement by the payment due date Shawn on the stalement, then: (1) i1 you pay Ihe new balance on your mnenl billing stalement by the payment due dale shown, we impose no intelest charges on pumhases during the amen! billing cyde‘ and (2) il you make a payment by the paymenl due date shown on your current billing statement that is less lhan the new balance. we will medit lhai paymenlas o! Ihe first day in your current billing cyde. In addition, if your Stalemem reflected a new balance and you did not pay that new balance in full by the payment due dale un that previous statement then we will nol impose inlerest charges on any purchases during the wnenl billing cycle if you pay Ihe baianoe shown on your current Statement by 1he payment due date reflected on Ihat current statement. DEFERRAL PERIODS WebBank may offer Accounls ptomofional oredil offers. These offers include. but are not limited to, deferred inlemst offers o: reduced paymenls wilh deferred inlemst offers. Special rules apply to these promotional credit offels. which are described at the lime of Ihe after. - The daie, amount and description 01 each puldlase are identified on your periodic sMement for Ihe period when you make the purchase. - Each periodic statement oonlains a summary of all aciive deferred offers, induding unpaid principal balances, any accrued interest charges and Ihe date which the principal balm (New Balance} of each plan must be paid in full lo avoid interest charges in wnnecfion with your pumhase, I For offers with defened inlerest, if you pay Ihe delerred portion on 0! before the last day of the applicable deferred period you pay no interest charges in connection with your purchase. Otherwise, we add a deferred interest charge to your Account an the expilalion date. - We figure accmed inleresl chalges cam month by multiplying the average dafly balance at each deiened balance by the monthly periodic rate. I We do consider all deferred purchases for purposes of determining your available credit If you use your card to make a purchase and you are dissatisfied with the goods or services Ihat you Ieoeive, you may have Ihe Iigm nolto pay the remaining amount due on file purchase. To use this n'ght. a1l ol‘ the lollawmg must be true: 1. The purchase must have been made in yum home State or within 100 miles oi your current mailing address. and Ihe purchase pnce must have been more Ihan $50. (Note: Neither of these are necessary if yuur purchase was based on an advenisement we mailed to you, or if we own the company that sold you the goods or services.) 2. You must have used your card fur the purchase. 3. You mus! have nol yet fully paid for Ihe purchase. If all of Ihe uiteria abcwe are met and you are sfill dissafisfied wilh Ihe purchase, wnlaci us "n wn‘ling at: Fingerhut Credfl Account Services, PD. Box 1250, Sainl Cloud MN 56395-1250. NOTICE 0F ASSIGNMENT: The right to renaive paymenl on your Fingerhut Advantage Credit Account has been assigned hy WebBank to Fingerhut. MARYLAND RESIDENTS Maryland law requires thal ifyou send us a written quuest aboul the s1atus of your amount and we do not answer lhat request within BO days after we receive it, you are not requiI'Ed to pay a finance charge for that 60 day period or unfil we answer. QUESTIONS ABOUT YOUR STATEMENT E-mail us at customerservice@fingerhuLoom or all 1800-20fi2500 (English) 160G566-3208 (En Espafiol) IMPORTANT! Has your address, phone number. or e-mail address changed? If so, please fill in any NEW information in the spaces below and we will update your account. Account 'Phone: ' ' A ' ‘ Name Ll J ,,J',,;,,',,l,: fl i, ii L IV 7 jf:E-j Addressi_l.1‘flii.:_\.lii.jlliWW‘ 0in [ \ 1 11 \ ‘ - \ | W Stale F ‘Zip' l f7f‘ E-Mail Address Please provide your e-mail address for business transactions (We will not send promotional material without your permission.) l] Check here if you'd like to receive e-mails about Fingerhul special deals and events. Consent for Use of Telephone Numbers: You authorize WebBankiFingerhut, their affiliates, agents, and others calling at their request or on their behalf to contact you at any number (i) you have provided to us (ii) from which you have called us, or (iii) which we obtain and believe we can reach you at. We may contact you in any way, such as calling, texting, using an automated dialer or using pre-reoorded messages. We may contact you on a mobile, wireless. or similar device. even if you are charged for it by your provider. DocuSign Envelope ID: AF95DF2F-A44B-4225-96A7-0175822994CE ATTACHM ENT ”3” DocuSign Envelope ID: AF95DF2F-A44B-4225-96A7-0175822994CE CIT Bank 2150 South 1300 East Suite 400 Salt Lake City, UT 84106 MetaBank P O BOX 1250 ST CLOUD, MN 56395-1250 WebBank 215 SOUTH STATE ST STE 800 SALT LAKE CITY, UT 84111 Bluestem Brands, Inc. 6509 Flying Cloud Drive Eden Prairie, MN 55344 Jefferson Capital Systems, LLC 16 MCLELAND ROAD SAINT CLOUD, MN 56303 I I DocuSign Envelope ID: AF95DF2F-A44B-4225-96A7-01 75822994CE \OOOQONUI-PUJNH NNNNNNNNNHb-Ab-AHb-Ab-AHb-Ab-AH WQON'JI-PUJNHO\OOONC\UIJ>UJNHO DECLARATION OF JURISDICTIONAL FACTS The undersigned declares that he/she is authorized to make this declaration for and on behalf of the plaintiff herein. Pursuant to Civil Procedure Sections 395 and 3963, the above entitled court is the proper court for the trial of the above entitled action because: [X] One of the defendants resides within the jurisdiction of the above entitled court at the commencement of this action. [ ] Goods or services or loans were provided within the jurisdiction of the above entitled cou rt. | declare under penalty of perjury under the Laws of the State of California that the foregoing is true and correct. 11/17/2020 Executed at South Pasadena, California. Mo FLINT C. ZIDE