Complaint Limited Up to 10KCal. Super. - 6th Dist.November 24, 2020DocuSign Envelope ID: E5202EAA-EA414768-9308-96518611BBB8 E_F|LED PLD-C-001 A1TDRNEY DR PARTY WITHOUT ATI'DRNEY (Name, Slate Bar umber, and address}: 1 1/24/2w@g.vqfim FLINT c ZIDE, SBN 160369/5ARKIS 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 TELEPHONEND:525.799.3444 FAX No_(Opnionau: 525-799.3419 county Of santa Clara E-MAIL ADDRESS (ommau: 20CV373955 M'rDRNEYFoR (Name): PLAINTIFF Reviewed By' R Tien SUPERIOR COURT 0F CALIFORNIA, COUNTY OF SANTA CLARA STREETADDRESS: 191 NORTH 15T STREET MAILING ADDRESS: cm ANDZP CODE: San Jose CA 95113 BRANCH NAME: SAN 105E COURTHOUSE PLAINTIFF: LVNV Funding LLC DEFENDANT: James S MacLeod E Dogs 1 To 5, INCLUSIVE CONTRACTE COMPLAINT E AMENDED COMPLAINT (Number).- E CRoss_c0MpLAm-r E AMENDED cnoss-compLAINT (Number).- Jurisdiction (check afl 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) 200v373955E ACTION IS RECLASSIFIED by this amended complaint or cross-cumplaint Efrem limited to unlimited Efrom unlimited to limited 1. Plaintiff“ (name or names): LVNV Funding LLC CASE NUMBER: alleges causes of action against defendant* (name ornames): James S MacLeod DOES 1 TO 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): LVNV Funding LLC (1) Ea corporation qualified to do business in California (2) Dan unincorporated entity (describe): (3) -other (specify): LIMITED LIABILITY COMPANY b. EPlaintiff (name): a. Ehas complied with the fictitious business name laws and is doing business under the fictitious name (specifi): b-E has complied with all licensing requirements as a licensed (speciffl: c.E Information about additional plaintiffs who are not competent adults is shown in Attachment 3c. 4. a. Each defendant named above i5 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)E a corporation (2)E a corporation (3)E an unincorporated entity (describe): (3)E an unincorporated entity (describe): (4) Ea public entity (describe): (4)E a pu blic entity (describe): (5) Eother (specify): (5)E other (special): “ If this form Is used as a ormamplant: plalntlff means cross-onmplalnant and defendant means cmss-defendant P3991 of 2 Fzmmfigofigfigfoggjflfnfise TA044180 COMPLAINT-Confl'act Code or Clvn Procedure, § 42512 PLD-c-om [Rem January 1,2007] DocuSign Envelope ID: E5202EAA-EA414768-9308-96518611BBB8 PLD-C-001 SHORT TITLE: CASE NUMBER: LVNV Funding LLC Vs. James S MacLeod 4. (Continued) b. The true names of defendants sued as Does are unknown to plaintiff. (1) E Doe defend ants (special 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_ D 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. D is excused from complying because (specify): 6. E This aGtion i5 SUbJ'eCttO 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. E a defendant is a corporation or unincorporated association and its principal place of business is here. f. D real property that is the subject ofthis action is located here. g- other (Specifil): 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 allegations; Plaintiff is a debt buyerand the sole owner/assignee of an agreement entered into by defendant(s) on a credit card account ending in 4449 with Plaintiff’s predecessor Citibank, N.A. Plaintiff having taken said assignment forvalue. This account was purchased by plaintiff after 1/1/14. 10. Plaintiff prays for judgment for costs of suit; for such relief as i5 fair, just, and equitable; and for a. damages of: $ $2,766.59 b. D interest on the damages (1)D according to proof (2)D at the rate of (special): percent per year from (date): c. E attorney's fees (1)D of: $ (2)D according to proof. d. m other (specifld: SUCH 0TH ER RELIEF AS THE COURT DEEMS PROPER. 11. D The paragraphs of this pleading alleged on infon'nation and belief are as follows (speohj/ paragraph numbers): Date: 11/20/2020 :3 A E1 FLINT c. ZIDE C1 SARKIs s. KARAYAN r (TYPE 0R PRINT NAM E) (SIGNATURE 0F PLAINTIFF 0R ATrORN EV) (Ifyou wish to verify this pleading, afiix a verification.) PLD-c-om [Rem January 1,2007] COMPLA|NT_contract Page 2 of 2 DocuSign Envelope ID: E5202EAA-EA414768-9308-96518611BBB8 PLn-c-oo1(2) SHORT TITLE: LVNV Funding LLC Vs. James S MacLeod CASE NUMBER: FIRST (number) CAUSE 0F ACTION-Common Counts ATTACHMENTTO Complaint D Cross-Complaint (Use a separate cause 0f action fon'n for each cause ofaction.) CC-1. Plaintiff (name): LVNV Funding LLC alleges that defendant (name): James S MacLeod became indebted to plaintiff D other (name): a. within the last four years (1) on an open book account for money due. (2) because an account was stated in writing by and between plaintiff and defendant in which it was agreed that defendant was indebted to plaintiff. b. within the last D two years four years (1) for money had and received by defendant for the use and benefit of plaintiff. (2) D for work, labor, services and materials rendered at the special instance and request of defendant and for which defendant promised to pay plaintiff.E the sum of $E the reasonable value. (3) D for goods. wares, and merchandise sold and delivered to defendant and for which defendant promised to pay plaintiffE the sum of $D the reasonable value. (4) m for money lent by plaintiff to defendant at defendant's request. (5) for money paid, laid out, and expended to or for defendant at defendant's special instance and request. (6) D other (specify): CC-2. $ .which is the reasonable value, is due and unpaid despite plaintiff's demand, plus prejudgment interest D according to proof D at the rate of percent per year from (date): CC-3. D Plaintiff is entitled to attorney fees by an agreement or a statuteD omD according to proof. cc,4_ m Other; $2,766.59, 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 4449, and was originally owned by Citibank, N.A., 5800 South Corporate Place , Sioux Falls, SD 57108 who was the creditor at time of charge off. $2,766.59 was the balance at time of charge off, as shown by Attachment 1. Defendant defaulted on or about January 23, 2019. The last payment was made on this account on June 7, 2018, 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 off are as follows on Attachment 3. Plaintiff has complied with Civil Code Section 1788.52. Page Page 1 of 1 “'mAPPWed’“ 09W“ Use CAUSE OF ACflON-Common Counts 9°“ °‘C'V” Pmem’evwzz’” Judicial Council or California PLDC-oouz) [Rem January 1. 2009] www.courflnfocagov DocuSign Envelope ID: E52C2EAA-EA41 -476B-93C8-9651 861 1 B8B8 ATTACHM ENT ”1” DocuSign Envelope ID: E52C2EAA-EA41 -476B-93C8-9651 861 1 B8B8 Account Statement Send Notice of Billing Errors and Customer Service Inquiries to: - . SEARS CREDIT CARDS A msearsco gagfierwce' PO Box 628230“ Fa”SxSD 571176282 f' V_ Account Inquiries: Masts card 1-800-669-8488 f _ _ W f _ WSummary of Account Actmty Payment Information PreVIous Balance $2,663.51 New Balance $276659 Payments . "$000 Minimum Payment Due $1 ,645.59 Other Gred'ts '$0'00 Payment Due Date February 18 2019 Purchases +$0.00 ’ Cash Advances +$0.00 Late Payment Warning: If we do not receive your minimum payment by the Fees Charged +$38_oo date listed above, you may have to pay alate fee up to $38. Interest Charged +$65.08 m inimum Payment Warning: If you make only the minimum payment each New Ba|ance $236659 period, you will pay more in interest and it will take you longer to pay off your balance. For example: kPast Due Amount $748.00 J @redit Limit $0.00 W Available Credit $0.00 Cash Advance Limit $000 Only the mInImum payment 11 years $5,819 Available Cash Limit $0.00 $114 3 ears _ $4,092 Amount Over Credit Limit $766.59 y (saV’ngszw’mn Statement Closing Date 01 /22/201 9 It you would like intormaiion about credit counseling services, call 1 877 337 8188. Next Statement Closing Date 02/1 9/201 9 @ays in Billing Cycle 32 J K J Please see the enclosed privacy notice for important information. For phone payments, you authorize us to electronically debit your specified bank account by an ACH transaction in the amount and on such date thatyou indicate on the phone. You may cancel a phone payment by calling us at the Customer Service number at the top of page 1 within the timeframe disclosed to you on the phone. Cash Payments made in-store at Sears, Sears Auto Centers, Sears Hometown and Outlet, and Kmart for Sears Credit Card account balances is limited to a maximum amount of $2,500 per day/per account. For your convenience and security, if you wish to make payments for any amount, including amounts greater than $2,500, you are welcome to do so via check. Please also remember you can pay your account online atrvww.pay.searscard.oom Please note that if we received your pay by phone or online payment between 5 p.m. ET and midnight ET on the last day of your billing period, your payment will not be reflected until your next statement. 8 ME 14 PLEASE SEE IMPORTANT INFORMATION ON PAGE 2. Page 1 of 6 This Account is Issued by Citibank, N.A. t Please detach and return lower portion with your payment to insure proper credit. Retain upper portion for your records. t searS® Your Account Number is-449 Payment Due Date February 18, 2019 Po Box 6286 SIOUX FALLS, SD 571 17-6286 New Balance $236559 Past Due AmountT $748.00 m inimum Payment Due $1,645.59 Statement Enclosed TPast Due Amount is included in the Minimum Payment Due. Please print address changes on the reverse side. m ake Checks Payable tov SEARS CREDIT CARDS JAMES S MACLEOD PO BOX 78051 4293 POLARIS AVE PHOENIX, AZ 85062-8051 UNION CITY, CA 94587-4081 DocuSign Envelope ID: E52C2EAA-EA41 -476B-93C8-9651 861 1 B8B8 Information About Your Account. How to Avoid Paying Interest on Purchases. Your payment due date is at least 25 days after the close of each billing cycle. We will not charge you any interest on purchases if you pay your New Balance by the payment due date each month. This is called a grace period on purchases. To get a grace period on purchases, you must pay the New Balance by the payment due date every billing cycle. We will begin charging interest on cash advances and balance transfers (if available on your account) on the transaction date. If you have a balance subject to a deferred interest promotion and that promotion does not expire before the payment due date, that balance (an “excluded balance") is excluded from the amount you must pay in full to get a grace period on a purchase balance other than an excluded balance. In addition, if you have a major purchase plan balance. that balance (an “excluded balance") is excluded from the amount you must pay in full to get a grace period on a purchase balance other than an excluded balance. However, you must still pay any separately required payment on the excluded balance. In billing cycles in which payments are allocated to deferred interest balances first, the deferred interest balance will be reduced before any other balance on the account. However, you will continue to get a grace period on purchases. other than an excluded balance, so long as you pay the New Balance (less any excluded balance, plus any separately required payment on an excluded balance) in full by the payment due date each billing cycle. In addition, certain promotional offers may take away the grace period on purchases. Other promotional offers not described above may also allow you to have a grace period on purchases without having to pay all or a portion of the promotional balance by the payment due date, If either is the case, the promotional offer will describe what happens. How We Calculate Your Balance Subject to Interest Rate. We use a daily balance method (including current transactions) to calculate interest charges. To find out more information about the balance computation method and how the resulting interest charges were determined, contact us at the Account Inquiries number on the front. Balance Transfers. Balance transfer amounts are included in the “Purchases" line in the Summary of Account Activity (if balance transfers are available on your account). Other Account and Payment Information. Payment Amount. You may pay all or part of your account balance at any time. However, you must pay, by the payment due date, at least the minimum payment due. When Your Payment Will Be Credited. If we receive your payment in proper form at our processing facility by 5 p.m. local time there. it will be credited as of that day. A payment received there in proper form after that time will be credited as of the next day. Allow 5 to 7 days for payments by regular mail to reach us. There may be a delay of up to 5 days in crediting a payment we receive that is not in proper form or is not sent to the correct address. The correct address for regular mail is the address on the front of the payment coupon. The correct address for courier or express mail is the Express Mail Address shown below. Proper Form. For a payment sent by mail or courier to be in proper form, you must: - Enclose a valid check or money order. No cash. gift cards, or foreign currency please. - Include your name and the last four digits of your account number. Payment Other Than By Mail. ln-Store (Where Available). Any payment in proper form accepted in-store will be credited as of that day. However, credit availability may be subject to verification of funds. Not all stores accept payments. Contact your local store to see if in-store payments are accepted at that location. - Online. Go to the URL on Page1 of your statement to make a payment. When you enroll in Online Bill Pay you can schedule your payments up to 45 days in advance using the “Other “ payment option. For security reasons, you may not be able to pay your entire New Balance the first time you make a payment online. - AutoPay. Go to the URL on Page1 of your statement to to enroll in AutoPay and have your payment amount automatically deducted each month on your due date from the payment account you choose. Phone. Call the phone number on Page1 of your statement to make a payment. There is no fee for this service. /A/- ME - 1238-5300-0092-lBl- EM - 9 - RAPDCH15 - - -/C/-E - 98 - X - 59 -/D/- P - B - - O - N -/E/- 7 - - Express Mail. Send payment by courier or express mail to: Consumer Payment Dept. 6716 Grade Lane, Building 9, Suite 910. Louisville. KY 40213. - Creditinq Payments other than by Mail. The payment cutoff time for Online bill payments, Phone payments, and Express Mail payments is midnight Eastern time. This means that we will credit your account as of the calendar clay. based on Eastern time. that we receive your payment request. If you send an eligible check with this payment coupon, you authorize us to complete your payment by electronic debit. If we do, the checking account will be debited in the amount on the check. We may do this as soon as the day we receive the check. Also, the check will be destroyed. Credit Reporting Disputes. We may report information about your account to credit bureaus. If you think we reported inaccurate information. please write us at the Customer Service address shown on Page 1. Report a Lost or Stolen Card Immediately. Call the Account Inquiries number shown on Page 1. What To Do If You Think You Find A Mistake On Your Statement. If you think there is an error on your statement, write to us at the address for billing errors and customer service inquiries shown on Page1 of your statement. In your letter, give us the following information: 1. Account information: Your name and account number. 2. Dollar amount: The dollar amount of the suspected error. 3. Description of Problem: If you think there is an error on your bill. describe what you believe is wrong and why you believe it is a mistake. You must contact us within 60 days after the error appeared on your statement. You must notify us of any potential errors in writing. You may call us, but if you do we are not required to investigate any potential errors and you may have to pay the amount in question. While we investigate whether or not there has been an error, the following are true: - We cannot try to collect the amount in question, or report you as delinquent on that amount. - The charge in question may remain on your statement, and we may continue to charge you interest on that amount. But. if we determine that we made a mistake, you will not have to pay the amount in question or any interest or other fees related to that amount. - While you do not have to pay the amount in question, you are responsible for the remainder of your balance. - We can apply any unpaid amount against your credit limit. Your Rights If You Are Dissatisfied With Your Credit Card Purchases. If you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the purchase. To use this right, all of the following must be true: 1. The purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase price must have been more than $50. (Note: Neither of these are necessary if your purchase was based on an advertisement we mailed to you, or if we own the company that sold you the goods or services.) 2. You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a check that accesses your credit card account do not qualify. 3. You must not yet have fully paid for the purchase. If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at the address for billing errors and customer service inquiries shown on Page1 of your statement. While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our decision. At that point, if we think you owe an amount and you do not pay, we may report you as delinquent. SMCITGli‘SCCfSCPMEPS NOW 7 - - -402-o-o - /F/-o1/23/18- 12/01/13-61 -December21,2o1s-/G/-N- - - -/H/-o- -G41u-v-/I/-v- -o- o- - -/J/- - - -1sAo1 - -o51s Page 2 of 6 Please provide change of address and update/add your phone numbers‘here: {Use bilge w black inky) *Cell: *Home: ‘Phone: By giving us a cell number or a number later converted to a cell number, you agree that we or our service providers can contact you at that number by autodialer, recorded or artificial voice, or a text. Your phone plan charges may apply. DocuSign Envelope ID: E52C2EAA-EA41 -476B-93C8-9651 861 1 B8B8 ACCOUHtI H“ “H **** 4449 Please update your phone number, including cell phone number on the back of the payment coupon. TRANSACTIONS Trans Date Description Reference # Amount FEES 01/18 LATE FEE $ 38.00 TOTAL FEES FOR THIS PERIOD $ 38.00 INTEREST CHARGED 01/22 INTEREST CHARGE ON PURCHASES $ 65.08 TOTAL INTEREST FOR THIS PERIOD $ 65.08 Total Fees Charged in 201 9 $38.00 Total Interest Charged in 2019 $65.08 ACTIVITY AND PROMOTIONS DETAIL Original Purchases, Promotion Promo Payments Cash Adv, Promotion Deferred Promotion Trans Trans Previous & Other Fees & Interest New Minimum Interest Expiration Amount Date Balance Credits Other Debits Charged Balance Payment Due Charges Date PURCHASES REGULAR $2,663.51 $38.00 $65.08 $2,766.59 CASH ADVANCES REGULAR TOTAL $2,663.51 $0.00 $38.00 $65.08 $2,766.59 $0.00 $0.00 INTEREST CHARGE CALCULATION PURCHASES REGULAR CASH ADVANCES REGULAR = Variable Rate Your Annual 27.49% D 29.40% D Page 3 of 6 Rate is the annual interest rate on account. DocuSign Envelope ID: E52C2EAA-EA41 -476B-93C8-9651 861 1 B8B8 ACCOUHtI H“ “H **** 4449 THIS PAGE INTENTIONALLY LEFT BLANK Page 4 of 6 DocuSign Envelope ID: E5202EAA-EA414768-9308-96518611BBB8 EGLB 01/17 Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand what we do. The types of personal information we collect and share depend on the product or service you have with us. This information can include: ' Social Security number and income - account balances and employment information - credit history and transaction history All financial companies need to share customers’ personal information to run their everyday business. In the section below, we list the reasons financial companies can share their customers’ personal information; the reasons Citibank chooses to share; and whether you can limit this sharing. For our everyday business purposes - such as to process yourtransactions, maintain your Yes No account(s), respond to court orders and legal investigations, or report to credit bureaus For our marketing purposes - . Yes No to offer our products and serVIces to you Forjoint marketing with other financial companies Yes N0 For our affiliates’ everyday business purposes - . . . . Yes No Informatlon about yourtransactlons and experiences For our affiliates’ everyday business purposes - . . . . Yes Yes Information about your creditworthiness For our affiliates to market to you Yes Yes For our nonaffiliates to market to you Yes Yes Call 1-877-491 -0609 - our menu will prompt you through your choice(s). (TTY: 1-866-357-2484) Please note: If you are a new customer, we can begin sharing your information 30 days from the date we sent this notice. When you are no longer our customer, we continue to share your information as described in this notice. However, you can contact us any time to limit our sharing. Call 1-877-491 -0609 or call the Customer Service number on the back of your credit card or on your billing statement. (TTY: 1-866-357-2484) Pwe 5 of6 DocuSign Envelope ID: E52C2EAA-EA41 -476B-93C8-9651 861 1 B8B8 Who is providing this notice? This notice is provided by the retail partner cards group of Citibank, N.A., the bank that issues your credit card. How does Citibank protect To protect your personal information from unauthorized access and use, we use my personal information? security measures to comply with federal law. These measures include computer safeguards and secured files and buildings. How does Citibank collect We collect your personal information, for example, when you my Personal information? - provide account information or give us your contact information - provide employment information or apply for a loan - use your credit or debit card We also collect your personal information from others, such as credit bureaus, affiliates, or other companies. Why can’t | limit all sharing? Federal law gives you the right to limit only - sharing for affiliates’ everyday business purposes - information about your creditworthiness - affiliates from using your information to market to you - sharing for nonaffiliates to market to you. State laws and individual companies may give you additional rights to limit sharing. See below for more on your rights under state law. What happens when l limit Your choices will apply to everyone on your account. sharing for an account l hold jointly with someone else? x. 0an ete by coon ownersh or control. They be ficual éd nonfinancial companies. - Our affiliates include companies such as Citigroup Global Markets Inc. ffmt Nonaffiliates Companies not related by common ownership or control. They can be financial and nonfinancial companies. - Nonaffiliates we share with can include companies engaged in direct marketing and the selling of consumer products and services. Joint marketing A formal agreement between nonaffiliated financial companies that together market financial products and services to you. - Ourjoint marketing partners include insurance companies and other financial companies. g For Vermont Residents: We will not share information we collect about you with nonaffiliated third parties, except as permitted by Vermont law, such as to process your transactions or to maintain your account. In addition, we will not share information about your creditworthiness with our affiliates except with your authorization. For California Residents: We will not share information we collect about you with nonaffiliated third parties, except as permitted by California law, such as to process yourtransactions orto maintain your account. We may share your personal information, as permitted by law, with the retailer whose name is on your card and with the companies related to the retailer. You cannot limit this sharing. Important Information about Credit Reporting We may report information about your account to credit bureaus. Late payments, missed payments or other defaults on your account may be reflected in your credit report. 728 Page 6 of 6 DocuSign Envelope ID: E52C2EAA-EA41 -476B-93C8-9651 861 1 B8B8 ATTACHM ENT ”2” DocuSign Envelope ID: E52C2EAA-EA41 -476B-93C8-9651 861 1 B8B8 Account Statement Send Notice of Billing Errors and Customer Service Inquiries to: SEARS CREDIT CARDS PO Box 6282, Sioux Falls, SD 571 17-6282 Customer Service: searswrdoom Account Inquiries: sears® EiManeTCar. 1 -800-669-8488 f _ _ f Summary of Account Actmty Payment Information :reV'oust Balance $1 £2333 New Balance $1 ,982.84 ayme" S ' - M' ' P t D 60.00 Other credits '$2°'°° PénlnTer: D3332; ue Jul 18$ 201 8 Purchases +$276.85 y y ’ Cash Advances +$0.00 Late Payment Warning: If we do not receive your minimum payment by the Fees Charged +$0_00 date listed above, you may have to pay alate fee up to $38. Interest Charged +$39.30 m inimum Payment Warning: If you make only the minimum payment each New Ba|ance $1 ’98234 period, you will pay more in interest and it will take you longer to pay off your balance For example- kPast Due Amount $0.00 J FCredit Limit $2,000.00 W Available Credit $17.00 _ _ Cash Advance Limit $1 0000 Only the mInImum payment 11 years $5,034 Available Cash Limit $17.00 $81 3 ears _ $2,914 Amount Over Credit Limit $0.00 y (saV’”QS=$2’720) Statement Closing Date 06/21/201 8 It you would like intormaiion about credit counseling services, call 1 877 337 8187. Next Statement Closing Date 07/22/201 8 @ays in Billing Cycle 30 J K J fimfiy m Siam"? Lam gm Please update your phone number, including cell phone number on the back of the payment coupon. TRANSACTIONS Trans Date Description Reference # Amount 05/23 Autopay Enroll Award F936200HCOOOXH001 $ 20.00 06/07 PAY BY PHONE PAYMENT DEERFIELD IL 8512106HEEJ88VXFF $ 59.00 06/14 SMARTNFINAL5231 1005238 UNION CITY CA 0541019HMV1GBV23V $ 17.99 06/14 LUCKY #782 UNION CIT UNION CITY CA 0514048HNLM8M09XE $ 14.99 wfi 1% Grab your card and get ready t0 earn - every day from January 1, 2018 - December 31, 2018. *See full page for detaiis. ""1 “fififiififiwé' 92W 7 ME 14 PLEASE SEE IMPORTANT INFORMATION ON PAGE 2. Page 1 of 10 This Account is Issued by Citibank, N.A. t Please detach and return lower portion with your payment to insure proper credit. Retain upper portion for your records. t SearS® Pa ment Due Date Jul 18, 2018 POBOX6286 Yaur Shop Your Way“ offer y y SIOUX FALLS SD 571 17-6286 h * New Balance $138234 g as been extended! Past Due Amount $0.00 m inimum Payment Due $60.00 Statement Enclosed *See fuli page for detaiis. Please print address changes on the reverse side. m ake Checks Payable tov SEARS CREDIT CARDS PO BOX 78051JAMES S MACLEOD PHOENIX, AZ 85062-80514293 POLARIS AVE UNION CITY, CA 94587-4081 DocuSign Envelope ID: E52C2EAA-EA41 -476B-93C8-9651 861 1 B8B8 Information About Your Account. How to Avoid Paying Interest on Purchases. Your payment due date is at least 25 days after the close of each billing cycle. We will not charge you any interest on purchases if you pay your New Balance by the payment due date each month. This is called a grace period on purchases. To get a grace period on purchases, you must pay the New Balance by the payment due date every billing cycle. We will begin charging interest on cash advances and balance transfers (if available on your account) on the transaction date. If you have a balance subject to a deferred interest promotion and that promotion does not expire before the payment due date, that balance (an “excluded balance") is excluded from the amount you must pay in full to get a grace period on a purchase balance other than an excluded balance. In addition, if you have a major purchase plan balance. that balance (an “excluded balance") is excluded from the amount you must pay in full to get a grace period on a purchase balance other than an excluded balance. However, you must still pay any separately required payment on the excluded balance. In billing cycles in which payments are allocated to deferred interest balances first, the deferred interest balance will be reduced before any other balance on the account. However, you will continue to get a grace period on purchases. other than an excluded balance, so long as you pay the New Balance (less any excluded balance, plus any separately required payment on an excluded balance) in full by the payment due date each billing cycle. In addition, certain promotional offers may take away the grace period on purchases. Other promotional offers not described above may also allow you to have a grace period on purchases without having to pay all or a portion of the promotional balance by the payment due date, If either is the case, the promotional offer will describe what happens. How We Calculate Your Balance Subject to Interest Rate. We use a daily balance method (including current transactions) to calculate interest charges. To find out more information about the balance computation method and how the resulting interest charges were determined, contact us at the Account Inquiries number on the front. Balance Transfers. Balance transfer amounts are included in the “Purchases" line in the Summary of Account Activity (if balance transfers are available on your account). Other Account and Payment Information. Payment Amount. You may pay all or part of your account balance at any time. However, you must pay, by the payment due date, at least the minimum payment due. When Your Payment Will Be Credited. If we receive your payment in proper form at our processing facility by 5 p.m. local time there. it will be credited as of that day. A payment received there in proper form after that time will be credited as of the next day. Allow 5 to 7 days for payments by regular mail to reach us. There may be a delay of up to 5 days in crediting a payment we receive that is not in proper form or is not sent to the correct address. The correct address for regular mail is the address on the front of the payment coupon. The correct address for courier or express mail is the Express Mail Address shown below. Proper Form. For a payment sent by mail or courier to be in proper form, you must: - Enclose a valid check or money order. No cash. gift cards, or foreign currency please. - Include your name and the last four digits of your account number. Payment Other Than By Mail. ln-Store (Where Available). Any payment in proper form accepted in-store will be credited as of that day. However, credit availability may be subject to verification of funds. Not all stores accept payments. Contact your local store to see if in-store payments are accepted at that location. - Online. Go to the URL on Page1 of your statement to make a payment. When you enroll in Online Bill Pay you can schedule your payments up to 45 days in advance using the “Other “ payment option. For security reasons, you may not be able to pay your entire New Balance the first time you make a payment online. - AutoPay. Go to the URL on Page1 of your statement to to enroll in AutoPay and have your payment amount automatically deducted each month on your due date from the payment account you choose. Phone. Call the phone number on Page1 of your statement to make a payment. There is no fee for this service. - Express Mail. Send payment by courier or express mail to: Consumer Payment Dept. 6716 Grade Lane, Building 9, Suite 910. Louisville. KY 40213. - Creditinq Payments other than by Mail. The payment cutoff time for Online bill payments, Phone payments, and Express Mail payments is midnight Eastern time. This means that we will credit your account as of the calendar clay. based on Eastern time. that we receive your payment request. If you send an eligible check with this payment coupon, you authorize us to complete your payment by electronic debit. If we do, the checking account will be debited in the amount on the check. We may do this as soon as the day we receive the check. Also, the check will be destroyed. Credit Reporting Disputes. We may report information about your account to credit bureaus. If you think we reported inaccurate information. please write us at the Customer Service address shown on Page 1. Report a Lost or Stolen Card Immediately. Call the Account Inquiries number shown on Page 1. What To Do If You Think You Find A Mistake On Your Statement. If you think there is an error on your statement, write to us at the address for billing errors and customer service inquiries shown on Page1 of your statement. In your letter, give us the following information: 1. Account information: Your name and account number. 2. Dollar amount: The dollar amount of the suspected error. 3. Description of Problem: If you think there is an error on your bill. describe what you believe is wrong and why you believe it is a mistake. You must contact us within 60 days after the error appeared on your statement. You must notify us of any potential errors in writing. You may call us, but if you do we are not required to investigate any potential errors and you may have to pay the amount in question. While we investigate whether or not there has been an error, the following are true: - We cannot try to collect the amount in question, or report you as delinquent on that amount. - The charge in question may remain on your statement, and we may continue to charge you interest on that amount. But. if we determine that we made a mistake, you will not have to pay the amount in question or any interest or other fees related to that amount. - While you do not have to pay the amount in question, you are responsible for the remainder of your balance. - We can apply any unpaid amount against your credit limit. Your Rights If You Are Dissatisfied With Your Credit Card Purchases. If you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the purchase. To use this right, all of the following must be true: 1. The purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase price must have been more than $50. (Note: Neither of these are necessary if your purchase was based on an advertisement we mailed to you, or if we own the company that sold you the goods or services.) 2. You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a check that accesses your credit card account do not qualify. 3. You must not yet have fully paid for the purchase. If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at the address for billing errors and customer service inquiries shown on Page1 of your statement. While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our decision. At that point, if we think you owe an amount and you do not pay, we may report you as delinquent. SMCITGli‘SCCfSCPMEPS NOW 7 /A/- ME-1238-5300-0092-lBl- EM-9-RAPDCH15- - -/C/--O- -59-/D/-P-B- -O-Y-/E/-O- - -O-O-O - /F/-O1/23/18-12/01/13-54-May22,2018-/G/-N- - - -/H/-O- -G41U-V-/|/-V- -O- 0- - -/J/- - - -18A01 - -O518 Page 2 of 10 Please provide change of address and update/add your phone numbers‘here: {Use bilge w black inky) “Phone: By giving us a cell number or a number laterconverted to a cell number, you agree that we or our service providers can contact you at that number by autodialer, recorded or artificial voice, or atext. Your phone plan Charges may apply. *Cell: *Home: current will allow us to better serve your credit needs. Annual IncomeT: Please update your financial information. Keeping our records h Monthly Mortgage or Rent Payment: *Annual Income: Examples include salary, wages, interest, dividends, rental income, or retirement benefits. If you are 21 orolder, you may include income from others that you can reasonably access to pay your bills. Alimony, child support or separate maintenance income need not be revealed if you do not wish to have it considered as a basis for repaying this obligation. DocuSign Envelope ID: E52C2EAA-EA41 -476B-93C8-9651 861 1 B8B8 ACCOUHtI H“ “H **** 4449 TRANSACTIONS (cont.) Trans Date Description Reference # Amount 06/1 5 WALGREENS #2366 FREMONT CA 0543684HP005295GH $ 11 .73 06/15 ROSS STORES #1 353 MORGAN HILL CA 5554186HP03R1 FY6E $ 35.33 06/15 KWIK SERVE MORGAN HILL CA 5550629HP05JSG71V $ 25.00 06/15 76 ALVARADO 76 UNION CITY CA 2548367HN029X4QD6 $ 14.34 06/16 LUCKY #782 UNION CIT UNION CITY CA 0514048HRLM8MNSPW $ 65.82 06/1 6 PANDA EXPRESS 161 2 NEWARK CA 5531020HRRQEBS1 L2 $ 18.88 06/17 RITE AID STORE 5942 UNION CITY CA 5543286HT58E1 DVPM $ 31 .23 06/1 7 POPEYE'S #1 121 9 UNION CITY CA 2553606HT30VF033D $ 9.44 06/1 8 RALEY'S #31 5 FREMONT CA 2553606HSZZY3DMH1 $ 32.1 0 FEES TOTAL FEES FOR THIS PERIOD $ 0.00 INTEREST CHARGED 06/21 INTEREST CHARGE ON PURCHASES $ 39.30 TOTAL INTEREST FOR THIS PERIOD $ 39.30 Total Fees Charged in 201 8 $0.00 Total Interest Charged in 201 8 $236.06 ACTIVITY AND PROMOTIONS DETAIL Original Purchases, Promotion Promo Payments Cash Adv, Promotion Deferred Promotion Trans Trans Previous & Other Fees & Interest New m inimum Interest Expiration Amount Date Balance Credits Other Debits Charged Balance Payment Due Charges Date PURCHASES REGULAR $1 ,745.69 $79.00 $276.85 $39.30 $1 .982.84 CASH ADVANCES REGULAR TOTAL $1,745.69 $79.00- $276.85 $39.30 $1 ,982.84 $0.00 $0.00 INTEREST CHARGE CALCULATION PURCHASES REGULAR CASH ADVANCES REGULAR = Variable Rate Your Annual 26.99% D 28.90% D Page 3 of 10 Rate is the annual interest rate on 1 771.71 .00 account. DocuSign Envelope ID: E52C2EAA-EA41 -476B-93C8-9651 861 1 B8B8 ACCOUHtI H“ “H **** 4449 THIS PAGE INTENTIONALLY LEFT BLANK Page 4 of 10 DocuSign Envelope ID: E52C2EAA-EA41 -476B-93C8-9651 861 1 B8B8 $ $499 purchase inHome Appliances ”80004913555000Coupon valid: 6/1-7/31/18. Includes ranges, wall ovens, cooktops, dishwashers, freezers, refrigeration and laundry. Excludes clearance, Hot Buys and Everyday Great Price items Not valid at Sears Hometown and Outlet. Valid in-store and online. Cannot be combined with other coupons, used during Family & Friends events or with the FREE Delivery option. Page 5 of 10 DocuSign Envelope ID: E52C2EAA-EA41 -476B-93C8-9651 861 1 B8B8 (1) Cannot be combined with other Sears card discounts. Excludes Sears Commercial 0ne® accounts and Outlet stores. Sears Home lmprovementAccountSM applies on instalied merchandise only. (2) IMPORTANT DEFERRED INTEREST DETAILS (when offered): No interest if paid in fuil within 12 months on appliances over $499. interest will be charged to your account from the purchase date if the purchase baiance is not paid in fuli within 12 months. With credit approval, for qualifying purchases made 0n a Sears card (Sears Commercial One® accounts excluded). Sears Home lmprovementAccountSM valid on instalied sales oniy. Offer valid for consumer accounts in good standing and is subject to change without notice. May not be combined with any other promotional offer. Sears cards: As of 3/27/1 8, APR for purchases: Variable 8.74%-26.74% or non-variabie 5.00%-26.49%. Minimum interest charge: up to $2. See card agreementfor detaiis, inciuding the APRs and fees applicable to you. Sears cards are issued by Citibank, N.A. 808 TPurchase requirement Jess coupons, discounts and reward certificates and does not inciude tax, instailation, shipping or fees, and must be made in a single transaction. For online transactions, the required minimum transaction amount is based on the single item selected and you must seiect Special Financing Offer 0n the payment page in checkout. Offers may not be combinable with other Sears card offers. 0n ail appliances: Colors, connectors, ice maker hookup and installation extra. Page 6 of 10 DocuSign Envelope ID: E52C2EAA-EA41 -476B-93C8-9651 861 1 B8B8 531314 [371:2 3 gsgw g a L ”.3 35w" LE 1‘3 L GALKER Oniine at Sears, Kmart and Shapyourway.com In store at Sears or Kmart Online: While logged in to your account, ciick “Redeem My Points” and select the number of paints you would like to use at checkout In store: Present your Shop Your Way member 1D, phone number or email address PIN required to redeem over $25 in points. Forgot your PIN? Text PIN to 95990.** Online or in store... see your points turn to value! Page 7 of 10 DocuSign Envelope ID: E52C2EAA-EA41 -476B-93C8-9651 861 1 B8B8 *SHOP YOUR WAW ADDITEONAL CATEGORY EARN PROMOTION This promotion is not transferable; is subject t0 credit approval and the Shop YourWayterms and conditions located at WWW.shopyourway.com/terms. You have the opportunity t0 receive Shop Your Way points for eligible purchases which are made and post to your account between now and 12/31/18. These extra points are inclusive of any base points earned. When extra point offers are combined, total points earned will be Eess than the combined point totals for each individual offer. Base points mean the 1% back in points that you currently receive 0n purchases that are made outside of Sears®, Kmart® or other Program Stores 0r are described befow as ”certain non-eligible purchases”. Sears base points mean those points awarded as part 0f the standard Shop Your Way program. You may only earn 5% back 0n eligibEe gas station purchases and 3% back En points on eligible restaurant and grocery store purchases 0n the first combined purchases 0f $10,000 during the promotionai period and then 1% thereafter. 5% back in points 0n eligible gas station purchases, for the first $10,000 (which includes the eligible restaurant and grocery store purchases) during the promotionaé period and then 1% thereafter. (5% back in points equaEs 4% in extra points and 1% in base points.) Certain Non-Eligible Purchases. You will only earn 1% back in base points, not 5%, for gas purchased at superstores, supermarkets, convenience stores and warehouse clubs 0r for fuel used for non-automobile purposes. 3% back in points on eligible restaurant (including cafes, bars, lounges and fast food restaurants) and elEgibEe grocery store purchases for the first $10,000 (which includes the eligible gas station purchases) during the promotional period and then 1% in base points thereafter. (3% back in points equals 2% in extra points and 1% in base points.) Certain Non-Eligible Purchases. You will only earn 1% in base points, not 3%, for restaurant purchases made at bakeries and certain restaurants/cafes inside department stores, grocery 0r warehouse Clubs. You WEN only earn 1% in base points, not 3%, for grocery purchases made at superstores, convenience stores, gas stations, warehouse clubs, and discount stores. 2% back in points 0n purchases at Sears (Fuii Line Stores Sears Grand, Sears Dealer Stores (Sears Hometown Stores, Sears Home Appliance Showrooms, and Sears Hardware), Kmart, mygofer and for Lands’ End merchandise within Sears stores that are “qualifying purchases” under the Shop Your Way program during the promotional period and then 1% in Sears base points thereafter. (2% back in points equals 1% in extra points and 1% in Sears base points.) You will continue t0 receive 1% back in base points 0n purchases that are made outside 0f Sears, Kmart or other Program Stores 0r are described above as “certain non-eligible purchases”: N0 points are awarded for baiance transfers, cash advance transactions, cash advance transactions designated as purchases, convenience checks, returned purchases, disputed 0r unauthorized purchases/fraudulent transactions, annual credit card membership fees, money orders, wire transfers, bets, lottery tickets, 0r casino gaming chips, credit insurance premiums, AccountCare fees, interest charges and credit card fees. Points will post to your Shop Your Way account within approximately one week after the eEigible purchase is made. Merchants must submit charges under the appropriate merchant code or industry code for you t0 receive the additional Shop Your Way Points. We d0 not determine whether merchants appmpriately identify ail transactions you make 0n your account but we do reserve the right t0 determine which purchases qualify for points. By accepting Shop Your Way member benefits and offers, you agree to the Shop Your Way terms and conditions, available at www.shopyourway.com/terms. The Shop Your Way program is offered by Sears Holdings Management Corporation. Citibank is not responsible for products or services offered by other companies. “By texting the keyword, i agree to receive recurring autodialed messages from Shop Your Way alerts to my mobile number, and also agree to the program terms and privacy policy at www.shcterms.com/m0bile. Message and data rates may apply. Text STOP to cancel. Text HELP for info. Consent is not a condition 0f any purchase. Sears cards are issued by Citibank, NA. Citi and Arc Design is a registered service mark of Citigroup :nc. Mastercard® is a registered trademark, and the circles design is a trademark of Mastercard Internationai Incorporated. Sears is a registered trademark and is used under license from Sears Brands LLC. O71 Page 8 of 10 DocuSign Envelope ID: E52C2EAA-EA41 -476B-93C8-9651 861 1 B8B8 S OPW:?UR «fab ‘ g3 ~, , ' w > EARN fififlp Yflifim WAN? ‘ A . 0; ~ " . v QQENTfi EVfiQYW’HERE YQU h “ $HQFK Rfiflfifim PQENTfi AT fiEARE‘ég ANB KMAWT; The Sears Mastercard° is issued by Ciiibank, N.A. Mastercard” is a registered trademark, and the circles design is a trademark of Mastercard International Incorporated. Sears is a registered trademam and is used under license from Sears Brands LLC. '1le 20m- ESCAPE A AITS Save up to 35% 0H base rates in seiect locations with AWD # [3437006. To make a reservation, visit www.avis.com/sears35 or ca” 1-800-773-2759. Page 9 of 10 DocuSign Envelope ID: E52C2EAA-EA41 -476B-93C8-9651 861 1 B8B8 CEAL Save up to 35% 0H base rates in select locations. Terms and Conditions: The savings o‘F up to 35% applies to Avis base rates and is applicable only to the time and mileage charges of the rental‘ O‘Her does not app‘y to car group X. A" taxes, ‘Fees (including but not limited Air Conditioning Exdse Recovery Fee, Concession Recovery Fee,Ve|'1icle License Rec0very Fee. Energy Recovery Fee, Tire Management Fee, and Frequent Traveler Fee) and surcharges (including but not limited to Customer Facility Charge and Environmental Fee Recovery Charge) are extra. Optional products such as LDW ($29.99/day or less) and refueling are extra. Ofier is available for US. and Canadian residents only for rentals at participating locations in the US. OfFer may not be used in conjunction with any otherAWD number, promotion or oHer, A Saturday night keep ané an advance reservation may be required. OHer is subject to vehicle availability at the time o‘F rental ané may not be available on some rates at some times, including some online rates at Avis.com. Car rental return restrictions may apply. Ofler subject to change witiwut notice. Holiday and other blackout periods may appiy. Renter must meet Avis age, driver and credit requirements. Minimum age may vary by location. An additional daily surcharge may apply Far renters un&er 25 years old. Discount valid on rentals checked out no later than December 31, 2018. Sears is a registered trademark and is use& under license ‘Frorn Sears Brands, LLC. Sears cards are issue$ by Citibank, NA. Citibank is not responsible {or products or services offered by other companies. ©2018 Avis Rent A Car System, LLC 549 Page 10of10 DocuSign Envelope ID: E52C2EAA-EA41 -476B-93C8-9651 861 1 B8B8 ATTACHM ENT ”3” DocuSign Envelope ID: E5202EAA-EA414768-9308-96518611BBB8 ACCOUNT SUMMARY REPORT 111912020 11:03:53 AM This accountsummary has been prepared by Resumem Capitai Services on behalf off.VNVFunding LLC. H 1's aura credit card ur other account statement from me original creditor. Borrower Information Current Account lnfn-rmation flame: JAM ES MACLEDD Address: B12 Calderon Ave City: Mountain View State: CA fl) Code: 94041-2315 Owner: LVNV Fu nding LLC Reference #z E B ‘1 471 1 60 Original Creditor: Citibank. NA Accou nt Number: WMQ Merchant SEARS MASTERCARD Cu rrent Balance Due: $9566.59 Date of Last Payment: Ufimflzm 8 Recent Payment Transactions ND Transactions Found Historical Account Information The original creditor for this accou nt was: The origination date with original creditor was: The charge-off cred itor for this accou nt was: The address of the chargenfi cred itor was: The accou nt charge-off date was: The accou nt chargeaffamou nt was: The accou nt was acquired on or about The accou nt balance at time 0f acquim‘ljon: The borrower's add r955 from charge-ofi creditors record 5: Citibank, NA 580E] South Corporate Place Sinux Falls, SD 571 E18 12H QI20‘1 3 Citibank, NA 5800 South Curpnrate Place Sioux Falls, SD 571138 0 1£23201 9 $2.?665-9 flBJ'EWEU‘I 9 $2.T56.59 4293 POLARIS AVE UNION CITY, CA 945874081 This communication 1's Hum a debt collectorand fln‘s is an attempt Ia calma debt Any infinnnafian obtained wfl! be used for that purpose. Page1 of2 DocuSign Envelope ID: E5202EAA-EA414768-9308-96518611BBB8 ACCOUNT SUMMARY REPORT “IHBIEUEU 11:03:53 AM Ownership History Date Of Transfer OwnerICred itor Name Dwnen'Creditor Add ress 03:2?!2019 Citibank, NA 5300 South Corporate Place Sioux Falls, SD 5T] 03 {132712019 Sherman Originator ||| LLB PD. Bax 10455 CIO- ResurgentCapital Services Greenville, SC 29603 LP U312'H201 Q Sherman Originator LLC PD. Box 10456 CID Resurgent Capital Services LP Greenville, SC 29603 LVNV Funding LLC CID Resurgent Capital Services LP PD. Box 10466 Greenville, SC 29503 Page 2 of2 I I DocuSign Envelope ID: E5202EAA-EA414768-9308-96518611BBB8 \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. Executed 11/20/2020 at South Pasadena, California.W FLINT C. ZIDE DSARKIS S. KARAYAN
