DeclarationCal. Super. - 6th Dist.March 5, 202121 CV37771 O Santa Clara - Civil D Harris Electronically Filed H O\ I, the undersigned, declare and state as follows:HQ 1. I am the attorney of record for plaintiff MIDLAND CREDIT MANAGEMENT, INC. H 00 ("Plaintif ") in the above entitled action. To the extent that Plaintiff acts in its capacity as 1 JACK H. POGOSIAN, State Bar No.2 305741 by Superior Court of CA, 2 CHRISTINA ARNOLD, State‘BaI‘ No.2 297590 on 5/1 2/2021 9.54 AM HYO JIN JULIA IUNG, State Bar No.2 3 16090 - . - 3 .MELINE GRIGORYAN, State Bar No.: 321 133 Eg‘s'gegzefcsgfiflgrr's 4 MICHAEL D. KAHN, State Bar No.: 236898 E I _ 6426955CAMRYN P. BERK, State Bar No.: 3 17565 “V9 °pe- 5 350 CAMINO DE LA REINA, SUITE 100 E- SAN DIEGO, CA 92108 a 6 Telephone; (866) 300-8750 g 7 Facsimile: (858) 309-1588 g Attorneys for Plaintiff E 8 E. _ .9 E 3g; 1 O SUPERIOR COURT OF CALIFORNIA - a jg a COUNTY 0F SANTA CLARA E 11 E fi DOWNTOWN SUPERIOR COURT O fi t; “- 12 g E 13 MIDLAND CREDIT MANAGEMENT, INC. Case No. Zlcv377710 5;, E Plaintiff, E E 14 VS DECLARATION RE: E E ' CODE OF CIVIL PROCEDURE § 1033; SE 15 RICKY ALVAREZ; INTEREST; AND E 2 Defendant. EVIDENCE CODE § 1550 S E E cs E E 8 :2» f; E g 19 g 20 successor in interest to the original creditor or its assigns, references herein to Plaintiff may E include Plaintiff‘s predecessor in interest. If called to testify, I could and would competently testify as fl) E 21 to all the facts stated in this declaration, except as to those matters testified to upon information and B. 22 belief, and as to those matters, Ibelieve them to be true. 23 2. I am an attorne and an em lo ee of Midland Credit Management, "Inc. ("MCM"), they P y 24 servicer of Plaintiff‘s account. Ihave access to and have reviewed the electronic records penaining to the 25 account and am authorized to make this affidavit on Plaintiff's behalf. The electronic records reviewed 26 consist of data acquired from the seller when Plaintiff purchased the account, together with records 27 generated in connection with servicing the account since the day the account was purchased by Plaintiff. In addition, I reviewed the documents that are attached to this affidavit. 28 _ 1- DECLARATION RE CODE OF CIVIL PROCEDURE; INTEREST; AND EVIDENCE CODE CA_0321G File No.: 20-234615 3. Plaintiff is precluded from filing this case in Small Claims Court per Code of Civil Procedure § 116.420(a). fl : 4. The complaint seeks to recover amounts owed by Defendant RICKY ALVAREZ ("Defendant"). The underlying account that is the basis of the instant lawsuit is a credit account that 4 Defendant held with creditor SYNCHRONY BANK, account number: XXXXXXXXXXXX-6880 (the 5 "Account"). 6 5. Prior t0 filing this complaint, all right, title and interest to the Account was sold and 7 assigned to Plaintiff. Plaintiff owns the Account and stands in the place of the original creditor and is 8 entitled to collect on the Account as if it were the original creditor. Additionally, as owner of the 9 Account, Plaintiff can testify to ownership of the Account and the fact that the debt remains unpaid by 10 Defendant. 6. Upon my review of the Plaintiff’s records as they pertain to Defendant’s account, there H H were previous transactions between the original creditor and Defendant. Defendant agreed to repay the 12 amount due to the original creditor, and there was a valid assignment of the account from the original 13 creditor t0 Plaintiff. By using the Account, Defendant expressly agreed or impliedly promised to repay Plaintiff. 15 7. Prior to the commencement of this action, as part of our usual course of business, and pursuant to Code of Civil Procedure § 1033(b)(2), Defendant was notified in writing of the intended legal fl O\ action and that any judgment entered against the Defendant would include attorney's fees and collections p-u-tfl costs. A true and correct copy of the letter sent to Defendant is attached hereto as "Exhibit A". H m 8. When Defendant failed to pay the balance due, Plaintiff filed and served the Complaint in H \D this action. Defendant was served with the complaint on March 22, 2021. A proof of service was filed NO with the court. N H 9. I am informed that Defendant has failed to answer or otherwise defend as to Plaintiff‘s Please understand this communication is fr-nm a dlebnt callectulr. This is an attempt tn collect a debt. Any 1n furmatlun obtained Will be used for that purpose E complaint within the time allowed by law, and therefore the allegations of the complaint are deemed[\JN admitted by law.N U.) 10. Plaintiff seeks entry 0f Defendant's default and judgment as set forth in the Request for NA Entry of Default Judgment, Judicial Council for 982 (a)(6) filed with this Declaration. NNNN OOQQUI -2- DECLARATION RE CODE OF CIVIL PROCEDURE; INTEREST; AND EVIDENCE CODE CA_03ZIG File No.2 20-234615 1 11. Filed as part 0f this default judgment packet is an affidavit pursuant to Code of Civil 2 Procedure section 585. The affidavit and its attached exhibits establish the account and the obligation. 3 COSTS AND FEES 4 12. Pursuant to Code of Civil Procedure § 1033(b)(2), Plaintiff is entitled to recover the 5 actual costs of a filing fee and the actual costs of service of process. 6 13. It is the normal business and procedure of Plaintiff to microfilm, image or store as 7 electronic media all documents provided by Plaintiff’s predecessor-in-interest. The records are 8 microfilmed, imaged or stored as electronic media to facilitate storage and are maintained as part of 9 Plaintiff’s regular business practice and procedure. Therefore, Plaintiff requests that all copies of 1 0 documents produced as part of this default judgment packet, including any affidavits and any documents attached thereto, be accepted in lieu of the original pursuant to Evidence Code § 1550. 11 I declare under penalty of perjury under the laws of California that the foregoing is true and 12 correct. 13 Date April %293 202? MIDLAND CREDIT MANAGEMENT, INC. Hv- O\UI By: £ D JACK H. POGOSIANfl Piease understand this communication i5 fmm a debt collector. This is an attempt ta cnnllect a debt. Any information obtained will be used fur that purpose. D-|A MAY fl 3 28?? D MANASI TAHILIANI 18 DHYO JIN JULIA JUNG 19 MELINE GRIGORYAN CHRISTINA ARNOLD 20 D CHAEL D. KAHN D CAMRYN P. BERK 21 22 23 24 25 26 27 28 -3- DECLARATION RE CODE OF CIVIL PROCEDURE; INTEREST; AND EVIDENCE CODE CA_03ZIG File No.1 20-234615 EXHIBIT A AA_0125 File No.: 20-234615 MIDLAND CREDIT MANAGEMENT LEGAL COLLECTIONS DEPARTMENT MidlandCredit.com (877)-898-5001 Ricky Alva rez g Our Client: Midiand Credit Management, Inc. Original Creditor: SYNCHRONY BANK Orlglnal Account No.: XXXXXXXXXXXXGBSO Current Balance: $1,762.39 Internal Legal Account No.: 20-234615 Jack H. Pogosian, State Bar No. 305741 Christina Arnold. State Bar No. 297590 Hyo Jin Julia lung, State Bar No. 316090 Melina Grigaryan, State Bar No. 321133 Manasi Tahiliani, State Bar No. 272821P1 “£3? 1646 Ontario Dr Apt 1 Sunnyvale, CA 94087-5451 Ilmllllll“IIIIIIII'lmlllllllllllullnlilllllulllllllmlll Carolina Plnhelro, State Bar No. 259875 Nichol Alan De Guzman, State Bar No. 314989 10/21/2020 REF: SYNCHRONY BANK Original Account Number: XXXXXXXXXXXX6880 Dear Ricky Alvarez, As attorneys with Midland Credit Management, Inc. legal department, we are contacting you regarding the coliection of vthe above balance. Your SYNCHRONY BANK Account, owned by Midland Credit Management, lnc., has now been transferred to our legal collections department due to non-pavment. We are currently reviewing documentation (including the attached documents) in preparation for filing a lawsuit against you. Demand is hereby made upon you for the above payment IN FULL-thls ls the amount due on your original obligation when transferred to our department. Please send payment Made Payable to Midland Credit Management, Inc. by 10/31/2020. You may also make a payment online at MidlandCredit.com. If we do not receive payment IN FU LL by 10/31/2020, we intend to file a lawsuit against you, seeking entry of judgment for your account’s outstanding balance as well as any incurred and recoverable court costs. We intend to continue our collection efforts through various post-judgment remedies available under your state’s laws if a judgment is obtained against you. If you are unable to pay in full by 10/31/2020 please contact our office at (877)-898-5001 to discuss affordable repayment options. Your prompt attention is necessary to avoid a lawsuit. Please call (877)-898-5001 no later than 10/31/2020. You may also make a payment online at MidlandCredit.com. Sincerely, Attorneys for Midland Credit Management, Inc. P.S. Attached are copies of some of the documents we received from the original creditor regarding this account. 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 Credit Management, Inc. trade line related to the above referenced account as paid. 004449 Visit Us Online MidlandCredit.com Cali (877)-898-5001 Hours of Operation: M - Fri: 8:003m - 7:30pm EST Sat: Closed Sun: Closed @IE- P.o. Box 2121 Warren, MI 48090 ________________PLEAEE. §§§E§Y§B§E§P§1:93!!!?QE'TANT_9!§E‘:9§9_R_E_ JNEOHMATJQN. _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ __ Please tear ofiand return lower portion withFUyment in the envelope pr-o-v-iaéa ' PAYMENT CERTIFICATE Internal Legal Account Number: 20-234615 Payment Options: Original Acc0unt Number: XXXXXXXXXXXX6880 1) Pay by phone: (877)-898-5001 current Balance: 51752-39 2) Mail in this certificate with your payment and Amount Enclosed: $ make check payable to: Midland Credit Ricky A|vafez ManagemEnt, Inc. 1646 Onta rio Dr Apt 1 Sunnyvale, CA 94087-5451 ""3 omeooomue noon coco @Ia 9.0. Box 2121 Warren, MI 43090 PRE_ooz GL_0702G 20-2346 1 5 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. Calls to and/or from this company may be monitored or recorded. MAIL PAYMENTS TO: P.O. Box 2121 Warren, Ml 48090 P.04 Box 2121, Warren, Ml 48090 We are required under state law to notify consumers of the following additional rights. This list does not contain a complete list of the rights consumers have under applicable law: IF YOU LIVE IN CALIFORNIA, THIS APPLIES T0 YOU: California Code of Civil Procedure §1033(b)(2) requires us to notify you that in the event of legal proceedings, such legal proceedings could result in a judgment against you that could include court costs and necessary disbursements under applicable law, if Midland Credit Management, Inc. is found to be legally entitied to the same. PRE_002 GL_0702G 20-234615 MEGA GROUP USAJNC/SYNCHRONY BANK R‘CKY ALVAREZ AwounlNumber:mafia Statementctosing ate: I2 O Previous Balance $1 .781 .20 New 38'3"“ $1 324-39 + New purchases sc_oo Minimum Payment This Pen'ad $64.00 - Payments $0.00 Amount Past Due $356.00 +I- Credns. Fees a Aflustments (net) $38.00 Total Mlnlmum Payment Due $420.00 41- Interest Charge (net) $5.19 Payment Due Date 11/1 812018 New 33'3"“ 5‘1824-39 PAYMENT DUE BY 5 PM. EASTERN 0N THE DUE DATE. cred“ Limit 32.00000 tegiyscidogren your payment min an electronic debut. See Availabte Credll $0.00 Days In Billing Perlod 31 Lula Payment Warning: If we do nol teceive your Totai Pay 0'1"” '0' "9° 31? mVSthYOf‘V-Com Minimum Payment Due by me Payment Due Date listed above. For Synchrony Bank customer service or to report your you may have 1° pay a late tee up to $33400. 4.cam IOSI 0' swam ca" 1465399825 Minlrnum Payment Wamlng: Making only lhe Total Minimum 395g times lo ca“ are Wednesday . Friday. Payment Due will increase the amoum of interest you pay and the time i1 lakes to repay your balance. For example: lliyb'u make no Xian 'will pa‘y on ' .A‘ndyouwntfe'nd Up =adflltlb...l '_ a ‘u‘ie‘f _ ‘ ' " ” ' ‘ :ysing-Ihls carding - ' ' v gashs'mpnm you: : Only the minimum payment If you would like iniormalion about credit counseling services, call 1-877-302-8797. ii' ;F6fioti¢pali=§xeiréti9n.mmcation! ' = .- YOU MUST PAY EACH PROMOTIONAL BALANCE IN FULL BY ITS EXPIRATION DATE T0 AVOID PAYING DEFERRED iNTEREST CHARGES. PLEASE SEE THE PROMOTIONAL PURCHASE SUMMARY SECTION 0N THIS STATEMENT FOR FURTHER DETAILS. YOU HAVE A PROMOTIONS) EXPIBING ON 03/26/1 9. ?Prdmbtidn'al Purchajsjg' SUmmai'y Promotional Pmmolionai Deferred Tran Date Desctiption Initial Expiration Balance Interest Charge Purchase Date Amount 03/26/2019 s1 .591 A 1 s $343.06 03113412015 2:]:er “9’85"“ '"te'es‘ " Pa'd '" s1 .691 . 1 9 A summary ol your promotional purchase is provided above. If you have a DEFERRED INTERESTING INTEREST IF PAID IN FULL promotion: To avoid paying Deferred lnleresl Charges on these pmmotian(s). you must pay the entire applicable Promotional Balance by the Ptomolional Expiration Date. To make more than one payment see Make Paymen! To address or pay online at mysynchrony.com. Tra'nlsahtion Summary" ' ' _ Tran Da1e l Posl Date I Reference Number Description Amoun: FEES 10/1 8/2018 10/18/2018 LATE FEE $38.00 TOTAL FEES FOR THIS PERIOD $38.00 Continued on next page ' NOTICE: See reverse side and additional pages (if any) [or imponanl infatmation concerning your account. 5362 CXi-I I 7 £3 131026 EDPAGE 1 '52 3 QEZO G900 GNJ? 01365362 I Pay mine ax mysynclvonyum er enclose this coupon with your chock Piem use blue orbfack ink 'Total'Mlhliiwm- PastDpe P_aymem =N'w'v " ' Account Number , Payment Due ‘Amqum DuoDato Bahnce __ _ $420.00 $355.00 11/1 3/2013 $1324.39 -saau WWW $DUDE D.DD New address or e-mall? Payment due includes s 356.00 pas! duo. Please pay (he past due amounl PROMPTLY. check "'9 b0! a. lo“ and 11yw onIy pay aw Tulal Minimum Due 1'1 may nu‘ pay of! the Plomofional Purchase by lhe Exaimlinn Dale. print changes on back RICKY ALVAREZ 2634 MEDIA WAY Make Paymenl [0‘ SYNCHRONY BANKSAN JOSE CA 95125-5819 Po BOX 960061 ORLANDO! FL 32896-0061 , 0203600004446 0000 0000 GL_0702G 20-2346 15 Iransacti'on Summary:(cpntlnuedy Tran Date l Post Date I Reference Number I Description Amount INTEREST CHARGED 10/26/2018 10/26/2018 INTEREST CHARGE ON PURCHASES $5.19 TOTAL INTEREST FOR THIS PERIOD $5.19 2013T6iéls-Yeamo-Date- ‘ . Total Fees Charged in 2018 $219.00 Total Inlefesl Charged in 201 8 $1 4.20 Total Interest Paid in 201 8 50,00 'glntéreSt Chargegcalcula'tién: Expiration Dale Annual Balance Subiect to Interest Charge Type of Balance Percentage Interest Rate Rate (APRp Purchases NA 29.99% $203.43 $5.19 Detened lnlerest/No Interest If Pald In Full 03/26/2019 29.99% $1 309.04 $0.00 iQéidh'oqurr'Néwsfaslhwrmjatioh __ YOUR ACCOUNT IS PAST DUE. PLEASE PAY THE MINIMUM PAYMENT DUE 0H CONTACT THIS OFFICE AT THE PHONE NUMBER LISTED ON YOUR STATEMENT. ‘13”) ('XH i l 7" Inlal'h L-..! PAIGE: 'l n7 ‘ “.115 37911:) ri‘l. '~# UU‘I'.'-.4J) GL_0702G 20-2346 1 5 5(li l'XH . i /:-‘. lump. 2-: hum.- x M 4 Io ,m nHzlu (mug n:n(isul/ GL_0702G 20-2346 1 5 GL_0702G 20-23461 5
