DeclarationCal. Super. - 6th Dist.March 23, 202121 CV3791 83 Santa Clara - Civil D Harris Electronically Filed 1 JACK H. POGOSIAN, State Bar No.: 305741 by Superior Court of CA, CHRISTINA ARNOLD, State Bar No.: 297590 County of Santa CIara’ 2 HYO JIN JULIA JUNG, State Bar No.: 316090 on 7/7/2021 4:34 pM 3 Eigééiiffili‘i‘ilflzfmfi’sfi Néééééé” Reviewed BV= D Hams . , a e ar 0.: 4 ABRIL F. SAGLIO-RUIZ, State Bar No.: 299586 E:\Slglizchggsgggsg 350 CAMINO DE LA REINA, SUITE 100 p ' 5 SAN DIEGO, CA 92108 E- Telephone: (866) 300-8750 % 6 Facsimile: (858) 309-1588 {3° 7 Attorneys for Plaintiff g E 8 E g , 9 SUPERIOR COURT 0F CALIFORNIAm E g 10 COUNTY OF SANTA CLARA -- b g .3 11 DOWNTOWN SUPERIOR COURT g g 12 MIDLAND CREDIT MANAGEMENT, INC. Case N0. 21CV379183 E g 13 Plaintiff, E E VS DECLARATION RE: E “E 14 ' CODE OF CIVIL PROCEDURE § 1033; EB CHARLENE TON; INTEREST; AND g g 15 Defendant, EVIDENCE CODE § 1550 E D E a 16 g E I, the undersigned, declare and state as follows: E E 17 1. I am the attorney of record for plaintiff MIDLAND CREDIT MANAGEMENT", INC. é ._ E 3:; 18 ("Plaintiff") in the above entitled action. To the extent that Plaintiff acts in its capacity as E 19 successor in interest to the original creditor or its assigns, references herein to Plaintiff may E 20 include Plaintiff‘s predecessor in interest. If called to testify, 'I could and would competently testify as E 21 to all the facts stated in this declaration, except as to those matters testified to upon information and fig 22 belief, and as t0 those matters, I believe them to be true. 2. I am an attorney and an employee of Midland Credit Management, Inc. ("MCM"), the 23 servicer of Plaintiff‘s account. Ihave access to and have reviewed the electronic records pertaining to the 24 account and am authorized t0 make this affidavit on Plaintiff‘s behalf. The electronic records reviewed 25 - - consist-‘of-dat-ahacqu-i-red-from-the--sel-'ler" when.-‘Pl-aint-ifpru-rehased- the‘aeeo-u-nt: ‘teget-hekwi-th‘reeerds- - 26 generated in connection with servicing the account since the day the account was purchased by Plaintiff. 27 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_O321G File No.: 21-30616 1 3. Plaintiff is precluded from filing this case. in Small Claims Court per Code of Civil 2 Procedure § 116.420(a). 3 4. The complaint seeks to recover amounts owed by Defendant CHARLENE TON ("Defendant"). The underlying account that is the basis of the instant lawsuit is a credit account that 4 Defendant held with creditor CITIBANK, N.A., account number: XXXXXXXXXXXX-8915 (the 5 ”Account"). 6 5. Prior to 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 0n the Account as if it were the original creditor. Additionally, as owner o'f the 9 Account, Plaintiff can testify to ownership 0f 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 H [\J amount due to the original creditor, and there was a valid assignment of the account from the original Please understand! this cammunicatian i5 fmm a dam co‘llectnnr. This is an attempt tn mllect a debt. Any In fn rmatlon obtained WIII be used for th at purnmse HA 13 creditor to 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 16 pursuant to Code of Civil Procedure § 1033(b)(2), Defendant was notified in writing 0f the intended legal 17 action and that any judgment entered against the Defendant would include attorney's fees and collections costs. A true and correct c0py of the letter sent to Defendant is attached hereto as "Exhibit A". 18 8. When Defendant failed to pay the balance due, Plaintiff filed and served the Complaint in 19 this action. Defendant was served with the complaint on April 28, 2021. A proof of service was filed with 20 the court. 21 9. I am informed that Defendant has failed to answer or otherwise defend as to Plaintiffs 22 complaint within the time allowed by law, and therefore the allegations of the complaint are deemed 23 admitted by law. 24 10. Plaintiff seeks entry of Defendant's default and judgment as set forth in the Request for 25 Entry of Default Judgment, Judicial Council for 982 (a)(6) filed with this Declaration. 26 27 28 -2- DECLARATION RE CODE OF CIVIL PROCEDURE; INTEREST; AND EVIDENCE CODE CA_0321G File No.: 2 1 -3061 6 r-IH O\Ul jUN 2 ‘i 202% 1 11. Filed as part of this default judgment packet is an affidavit pursuant to Code 0f Civil 2 Procedure section 585. The affidavit and its attached exhibits establish the account and the obligation. 3 COSTS AND FEES 4 12. Pursuant t0 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 g microfilmed, imaged or stored as electronic media to facilitate storage and are maintained as part o'f 9 Plaintiff’s regular business practice and procedure. Therefore, Plaintiff requests that all copies 0f E 10 documents produced as part of this default judgment packet, including any affidavits and any documents O. a attached thereto, be accepted in lieu of the original pursuant to Evidence Code -§ 1550. “T 11 g I declare under penalty of perjury under the laws of California that the. foregoing is true and E, 12 correct. fl g 13 E 14 Date June1\\2021 MIDLAND CREDITMANAGEMENT, INC. é E q: Please understand this communication is f‘mm a Idem collector. This is an attemnt tzuI cnllect a. de'hrt. 17 [:I JACK H. POGOSIAN El HYO JIN JULIA JUNG 18 D MELINE GRIGORYAN 19 CHRISTINA ARNOLD CHAEL D. KAHN 20 D ABRIL F. SAGLIO-RUIZ 21 22 23 24 25 26 _ _ _ __ __ _ _ _ 27 28 -3- DECLARATIONRE CODE OF CIVIL PROCEDURE; INTEREST; AND EVIDENCE CODE CA_0321G File N0.: 21-30616 EXHIBIT A AA_0125 File No.: 21-30616 MIDLAND CREDIT MANAGEMENT LEGAL COLLECTIONS DEPARTMENT MidlandCredit.com (877)-898-5001 Ik. _ Charlene Ton g P1 (7x1): 6090 Hellyer Ave Ste 175 San Jose, CA 95138-1069 'Ill"II-Ill-I“umllll'I'III-lu-IIIIIIIIII'I'III'I'Il-Ill'll' 02/17/2021 REF: CITIBANK, N.A. Original Account Number: XXXXXXXXXXXX8915 Dear Charlene Ton, Our Client: Midland Credit Management, Inc. Original Creditor: CITIBANK, N.A. Original Account No.: XXXXXXXXXXXX8915 Current Balance: $1,117.03 tntemal LegaI Account No.: 21-30616 Jack H. Pogoslan, State Bar No. 305741 Christina Arnold, State Bar No. 291590 Hyo lin Julia Jung, State Bar No. 316090 Melina Grigaryan, State Bar No. 321133 Manasl Tahilfani, State Bar No. 272821 Caroilna Pinhelro, S‘ate Bar No. 259875 Nichol Alan De Guzman, State Bar No. 314989 As attorneys with Midland Credit Management, Inc. legal department, we are contacting you regarding the collection of the above balance. Your CITIBANK, N.A. Account, owned by Midiand Credit Management, Inc., has now been transferred to our legal collections department due to non-payment. 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 is the amount due on your orlgina! obligation when transferred to our department. Please send payment Made Payable to Midland Credit Management, Inc. by 02/27/2021. You may also make a payment oniine at MidlandCredit.com. If we do not receive payment IN FULL by 02/27/2021, we intend to file a lawsuit against you, seeking entry ofjudgment 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 02/27/2021 please contact our office at (877)-898-5001 to discuss affordable repayment options. Your prompt attention is necessary to avoid a lawsuit. Piease call (877)-898-5001 no later than 02/27/2021. You may also make a payment online at MidlandCredit.com. Sincerely, Attorneys for Midland Credit Management, Inc. P.S. Attached are copies of someof 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. 004072 Visit Us Online MidlandCredit.com Call (877)-898-5001 Hours of Operation: M - Fri: 8:00am - 7:30pm EST Sat: Closed Sun: Closed @tv-E. P.o. Box 2121 Warren, MI 48090 ..................EP_E.A_§_E_?_EEBEYEFEE§E9§EQBJM993TANT P!§E‘:°§UEE_ JE‘EQEMLAI'QE ________ ___ -_ __ _- _ -___________ Please tear ofand return lower portion with-iiyrfient in tfie er-welape provided PAYMENT CERTIFICATE Internal Legal Account Number: 21-30616 Original Acc0unt Number: XXXXXXXXXXXXSSIS Current Balance: $1,117.03 Amount Enclosed: $ - - --Charlene_‘l‘.on.__ _ _ _ 6090 Hellyer Ave Ste 17S San Jose, CA 95138-1059 _ 0103200004072 . 00000000 GL_0702G 21-30616 Payment Options: 1) Pay by phone: (877)-898-5001 2) Mail in this certificate with your payment and make check payable to: Midland Credit Managementiig. _ ___ _ ®IE_ P.o. aox 2121 Warren. MI 43090 PRE_002 IMPORTANT DISCLOSURE INFORMATION: Please understand this is a communication from a debt collector. This is an attempt to collect a debt. Any infomation 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 MAIL CORRESPONDENCE TO; P.O. Box 2121, Warren, Ml 48090 We are required under state law to notify consumers of the foliowing additional rights. This list does not contain a complete fist of the rights consumers have under applicable law: IF YOU LIVE IN CALIFORNIA, THIS APPLIES TO YOU: California Code of Civil Procedure §1033(b)(2) requires us to notify you that in the event of legal proceedings, such legal proceedings could result in a judgment against you that could include court costs and necessary disbursements under applicable law, if Midland Credit Management, lnc. is found to be legally entitled to the same. PRE_002 GL_0702G 2 1 a30616 Account Statement Send Noticed Billing EmandCum Servulnquiries Io: - . HOME aEPor ca-Dlrsanvxcas w .3 gagme:5:3:er Pa Box 790323. sfuuis. mo 53179 V TmHomeDepot ‘ Am 995‘ ..y_ é Consumeram cm l_ggg_g;_;;g;llfl°5- r . W of Account Payment Information Previous Balance New Balance $1 .1 1 7.03 Minimum Payment Due $475.00 Payment Due Dale +$0.00 October 8. 201 9 Interes! l.1 17.03 Late Payment Warning: Ifwe do nol receive your minimum payment by the data listed abova, you may have to pay a {ale fee up ho $39. Mlnlmum Payment Wamlng: If you make only the minlmum payment each petiod, you will pay more In Interest and it will lake you longer to pay off your Due Amount balance. For example: $401 .00 I add $367.03 19 19 30L 1f you would fike information aboui credit counseling sewioes‘ can 1-877-337-81 88. _J Your Minimum Payment Due is $475.00. If you paid you: non-promotional (revolving) baiancas and any expiring promotional balances in full on your last statement. you can avoid interast chaxgas on any new non-promotional (revolving) balances and any expiring promotional balances if you pay $1.1 17.03 by 10/08/19. Otherwise. interest will accrue from your statement closing dam until we receive your payment. The “Haw lo Avoid Paying Interest on Purchases" section on paga 2 has more information. Please note that if we Ieceived your pay by phone or online payment between 5 pm. ET and midnight ET on lhe last day o! your billing period, your payment will not be reflected until your next statement. Please update your phone number, including cell phone number on the back o! lhe payment coupon. TRANSACTIONS Trans Date Dawllptlon Reference I Amounl £58 09/09 LATE FEE S 3900 TOTAL FEES FOR YHIS PmlOD S 39.00 PLEASE SEE lMPOHTANT INFORMATION 0N PAGE 2. b Pleass datach and reu'n iowe: Page 1 of 4 aortion wlth your oay‘ne nt Io insurs prape' credit. Reiah uaoer porfim lot yer 'em'ds. it lllllfl lllflllfllflllllflllllllll Your Accouni Numbir i5- B915 [10‘ Hm 73:69:; $1. mils. M0 63179 smtement Enclosed Paymant Due Date I Mew Balance For-pmper”MIL Flag?!“ Past Due AmoumT on your check and enclose Minimum Payment Due with this payment coupon. _. CHARLENE TON 6090 HELLYEH AVE STE 175 SAN JOSE. CA 95138-1069 g 0203200004072 ' owo 0000 GL_O702G 21-306 1 6 EHDS Thlu Account is Issued by Clllbank. NA. October B. 2019 51,1 17.03 $401 .00 TPast mmAmnt Is Includvd In ms Mhmu-nPaymm! Duo. Flam prinl address changes on the reverse side. Make checks Payable tov HOME DEPOT CREDIT SERVICES P0 BOX 78011 PHOENIX, AZ 85062-8011 _U_3‘D_U_U _UUfilSU U. U_L_l_J-.?_|3_3 B_D_U_3_U.D.IJ Ufiflls 5.5-0 _ Infmnamn About Yaw Account. Haw to Avoid Paving Intern! on Pumas. Your aayment due date'5 at least ZSda-vs after me close ofeachbflfm cycle. We will not mama vou any interes‘ on mhasas § you Dav your New Eatance by the payment due date each menus. This is calhd a grace perioa on pulchases. To get agrace period on ”msesyou mus't pay the New Baiancebvme payment me date every bilmg cycle. lf youham a balance subpd to a defarefi mtaesi (x 0% APR wmrotm and that mmofinn dues nut expire before the payment due date. that balance (the 'excluded baiance") as ex...uded [rem the amount you must pay ‘n fullm getagracz pefiod. Howeve« r you mus! stii! pay any fipamiely required payment on the enduded balance. In Wing :ycles'n wh'xh payments are allocated to deferred interestDBMS first. the deferred inflatesf balance willm reduced beinre any fiber balance on the acmunL Harman you win continue to g2: a grace perbd on purchases so asyou payflw New Balance less any euludednames h full bv the payment due date each bill'mg cycle, We may refer to defence ‘nterst promcfions as No [mfist womoficns. In addl‘lon (ertakl prmwtlu'afmasmaytake away ‘he gate period onpurthams Otherprmhefinnal otters notmed abovemay abo allow you tn have a grac. period on wrthasa's without hav'mq to pay all or a poflmn ofthe pmotional baance bythepmeni a'ue e‘a‘e. fl either's the axe. the promotional offer will desa'ibe mat happens. How We Cahflateer Balancu Subject to “Item Rate. For each. babnce.the latter foficwing the Amuz! Pacenfage Rate'In the mhemst Charge Calculation section on the front of me statementhmastha method we use ta calculate interestdam. For Meihads C. H and M. we use a daily balance method (mduding current transactions) lo calculate interest mamas. F0! Methods I and L weuse an average deity balance method (includug current tiansad'nns) to calculateinterest charges. For Methud K. we use an average daily balance method (exéud‘mg current tr‘anficfions) to cakulate ‘mterest charges. To find outmore hfornfifi'on about me balance computafion method that awlies 10 Your account and howthe rankinu htaei mamas were aetermined. contaa us at Clatomer Service numberon Baa (rant. Other Account and Payment lnfarmatlon. Payment Amount. You may pay al! or part o! your account balance 3t any time, Hmmev, you must pay, byme payment me data. at least the minimum payment due. whenYw Payment win ac Cndited. I! we receive your mailed payment'm prune: roan a! our wacafng facifity by.5 p_m_ 13:31 time that; iwifl be cred‘rmd $0! flat day A pavrrem retalvea thee In proper form afta‘ that time wince credited as o! nae next flay Aim 5 to 7 days [er payments by rewiar mail to {each us Theremay be a delay of up to 5 days'm cvedi‘ng apavmentwereceivethatisnaghpraperbmabnotsentmmecomdamM ssif}: ccrrecl aaéress éér reguiarma's! s u”mess on the [rent cl the payment coupon Tm correct admess lo: express mail Ismumm me unless Mai section. Prayer Farm. Fer amam sent by mail cr courier to be ’n prcper form, you must: - Encinse a wasia cheat o: money mefmaéevayabtsto Home Depot Creilt Services. Ho cash, gift car$ or fueign currency pleasg. - Induda yum name and the last four diqis uf your accoun. number Payment Other‘l'hm By uaSL - In-Slora Paymenfi‘rot v_ouradded convenience. paymenE can be made a! Tha Home Dmt stores. w‘rfi'l ne Sanka fee Any payment In waver form atcepted ?n-stere will be credited as of mat day chever. credit avaiab'fitv Irsav be subiectm verificatm of kmds. - OnfimlAutoPay. Ge lo the URL on Page1 cf your statement to make a payment onrne. You an aisc enroll in AutoPay and have your paymentmm automaticaily deducted each month from the payment accmmt youmoose. - Plum. Can thenumber on Fags] ct your statement ho malt: a payment by phone, fix phone payments, you au‘horize us to electroniasy debit your wedfied bank. account Irv an ACH transaction n the amount and on the date that you indicate on thephone. You may cancel a when:pawuent bvalfinq us at the Customs SW52mber at the hp oi Paqu within the tine period d'sclosed toyou on the phone. Them isnofee for making a payment 1.5m our automated voteraporse system. KEY CREDIT TERMS 'Promoflon Terms - Express bull. Send payment by emmss mail twinnsmner Paymen: D-epL 6716 Grade Lana, Bufiaing 9. suite 910. Louisdlle. KY 4Ga3.MUM Paymentscum than by MeIIJhe payment cutoff time for Gnfine biti pavmanls. Puma payments and Expras Mai paymenls's midnight Eastern lima Th’s means mat we will cremtvow accwntascflhe Glendardav bassdon Eastern mm. that we racerfi1w payment reek: lfvnusendandhflcdndwiththkpaymentmpmnmammuhmmpmum byeicctramcdm. "wedmthedtadinquewntmwillbedcbitedinflueamount anthedleduwamvda Wsassoonasthefiavmmmm quflnehockwil be destroyed. Credit Reporting Dispute. We may repott Information about youracmmt to credit bureaus.- Hycu think we reported inaccurate istomtation. please mans at Cfedi! 3393!: Dispu’e' Verification. PD. Box 6497 SEoux Fafls.SD S7311. Report a Lost nr flown Card lmmedlatefi. Callme Acwunt Inquiries number sewn on Page I. WhatToDoiwaThink Yw Fim A Wuhan ermumtlfymmhk klszre'a'an em)! c-n vow statament, write £0 \E at fireadmss for bnfrnganus and ustcme! servie 'mwTriES shown on Page'! 0f your 5tatemer¢ In your letter. giveus [he Iniming inlmmafion: 1; Account ‘mfmnafianfvaurname 3nd accouni number. Z Oalzar amaunt: The doflar amount of the suspacted errm' 3 Descriphon of Problem: ll you flank them Is mermron vcui' bill, describe whai ycu believe is wrong an'd why you beleave'n isa m’stak: Yaunus: contact is wah'm 60 days after me errorappeared on your statement You must notifv us of any potential mu}:mm. Youmay tail us. bu! fl you do we ate not require: to 'swefigata any potential arms and you may have ta pay the amount ‘m ques'r'mn. While we imtstiqafi nhelher or n3! there has been an errm: tinlommq are true: ~ We (alga Irv i0whack the amcunt in question, or ripen you as delinqumton mat amou - The marge'm question mayremah on7wsummer; and "we may commasb chage you interest onmaz amount; But. it we determine thatwe made a m'slaka ycu ml! nu: have to payme amount'm question or aw antaest or omeriees rela‘ed to matamount I Whlleyou domthaveto paytha alumni i1um. {cu are respufime for ihe rana‘mder of your balancu. - We can appfv anv unnaid amount against your credit Em: Your Rights Ii You An Diaatisfied With Your Credit Card Purdlm liven are d'ssaflstied w’rthflae goods orservicesthatm have purchased withy-our creditcfid. end you have flied m 009d faimtocon'ect the prob'em withthe merchant. you mayhavethe rim: nono paythe remaining mount due on me pulchase. To use this right. all ofthe follow'nqMbe true: 1- The purchase musthave been made m your humestate orwflhin 10-0 m-Jew! veer current mailing address. and the purchase prica mus‘ have hem more man $50. (Note: Nether ct these are necessary (your purchase was based on an advafisement we mafied ta1w.“ ifwe mmfimzompmflmtsddyoumeqoodsorsewicei) z You nus: have used your credit card [orthe purchase. Purchasesmad: with tartawances 1mm an ATM ct with a chad that accesses your (:de cad account do not (mam. 3. You must not yet have fuilv paid tor km purchase. 1i aflof the aflefia above are me! and you are still dissatisfied with the purchase. centact us in arm at the address [or bifling mars and customet satvice haulries shown on Page! o! your statement. While we inveiaate, thesame rules apply to the disputed amOunt as d'scussed above. Afler we finish our investigation we win re! you our dec‘sim. At [hm pow. if wefink you owe an amount and you do not pay. we mayrewt you asdeEnquenL With credit approval for qualifying purchases made on-IThe-Home Depot or EXPO Design Center Consumer Credit Card. APR:17.99% - 26.99%. Minimum interest charge: $2. See card agreement for details including APR applicable to you. Offer valid for consumer accounts in good standing; 6 months everyday credit offer is subject to change wimoutpotige; see store for details. HD-sles-oaoooooz-II-ooo-zea 4/-E-9-x-92-/1-P- - -o-N4/-7. N- - A Ji-ouHsawr- - -o-o- - w- -- .mss- 4719 M) APR19 - - - D - 0 -(I- 01/12/19 - 07301:" ~26 - August 1E: 2019 PageZoM Please provide change of address and updatsladd your phone numbers‘here: (Use blue er mack. ink.) ‘66": 'Home: ”Phone: By giving us a cefl numbet or a number later convened Io a cell number you agree that we 0v our servica providers can coniact you at that number by autodlaier, :ecorded or aniflua! voece or a (ext. Your phone pian Charges may apply GL_0702G 21-30616 Account: *flk* tkwt VII? 891 5 TRANSACTIONS (conl.) Trans Dale Description Reference n Amount INTERESTCHARGED 09/11 INTERES‘I' CHARGE 0N PURCHASES S 22,38 TOTAL INTEREST FOR THIS PERIOD s 22.83 Ego: -V - . m.'31}: NB w Total Fees Charged in 2019 $243.00 Total Imefest Charged in 2019 $168.43 ACTIVITY AND PROMOTIONS DETAIL Original Promotion Promotion Payments PurchaSS, Promotion Deferred Ptomollon Trans Trans Previous & Othet Fees & lnwrfit New Minimum Intel's! Expiration Amount Dale Balance Credits Other Debits Charged Balance Payment Due Charges Dale PURCHASES Revolving Balance - - $1 055.15 - $39.00 $2488 $1 ,1 17.03 - - - TOTAL $1 355.1 5 $0.00 $9.00 $22.88 $1 .‘I ".03 $0.00 $0.00 Percentage Rate APR) ls me an al Interest rate on your accoun aimti‘aath ’ |_Ravolving Balance 599% (M) $1 .071 ‘51 $22.88 I Page 3 of 4 I 0303200004072 . 0000 0000 GL_0702G 2 1 ~306 1 6
