Complaint Limited Filed by Assignee 5KCal. Super. - 6th Dist.April 28, 2021\OOOflQUl-RUJNu-i NNNNNNNNNr-tr-tr-tr-tr-tr-tr-tr-tr-tr-t OOQONUl-RUJNt-‘OKOOOflaUl-bUJNHO E-FILED 4/28/2021 3:37 PM Christopher D. Mandarich SB 220693 C'erk 9f court Ajay good 33325294 Superlor Court of CA, Hayk Stambultsyan SB320973 County Of Santa Clara Amber Swearingen-Ojuri SB324653 21 cv381 133 MANDARICH LAW GROUP, LLP - . 13.0. Box 109032 Chicago, 1L 60610 ReV'ewed By' ASh'ey M Phone: 877.285.4918 6337036 Facsimile: 818.888.1260 Attorneysfor Plaintifl: CA VALRY SPVI, LLC, ASASSIGNEE 0F CITIBANK, N.A. SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SANTA CLARA - LIMITED CAVALRY SPV 1, LLC, As ASSIGNEE 0F Case No. 21 CV381 133 CITIBANK, N.A., Plaintiff, COMPLAINT FOR: vs. 1. ACCOUNT STATED 2. OPEN BOOK ACCOUNT SU NGUYEN, an individual; and DOES 1 through 10 inclusive. Defendant DEMAND: $2,072.57 Plaintiff alleges: FACTS COMMON TO ALL CAUSES OF ACTION 1.Plaintiff is and at all times herein mentioned, CAVALRY SPV I, LLC, AS ASSIGNEE OF CITIBANK, N.A., and successor in interest to original creditor, Citibank, N.A.. 2.P1aintiff is the only entity that purchased the debt after charge-off and its name and address is as follows: CAVALRY SPV I, LLC, AS ASSIGNEE OF CITIBANK, N.A. 500 Summit Street Dr Suite 400 Valhalla NY 10595. 3.P1aintiff is a debt buyer, and is the sole owner of the debt at issue. 4.The charge-off creditor at the time 0f charge-off is CITIBANK, N.A., 5800 SOUTH CORPORATE PLACE SIOUX FALLS, SD 57108, and the account number associated With this debt is XXXXXXXXXXXX6233. 5.P1aintiff is informed and believes that Defendant are individuals Who currently reside COMPLAINT-l of 5 ackenzie \OOOQQUl-bwwr-t NNNNNNNNNb-Ab-Ar-tr-tr-tr-Ar-Ar-Ab-Ab-A OOQONU‘I-bwwfi-‘OKOOONONUI-PWNHO Within the jurisdictional boundaries of the above entitled Court. Therefore, this Court is the proper Court for trial 0f this action. 6.The name and last known address of the debtor as they appeared in the charge-off creditor’s records prior t0 the sale 0f the debt is SU NGUYEN, 97 VAN COTT CT , SAN JOSE, CA 95 127-2869. 7.P1aintiff is unaware of the true names 0r capacities, Whether individual, corporate, associate or otherwise ofthe Defendant sued herein as DOES 1 through 10 inclusive, and therefore, sued the Defendant by such fictitious names. PlaintiffWill amend this Complaint t0 show their true names and capacities once ascertained. 8.Plaintiff believes and at all times mentioned herein, each of the Defendant was, and is, the agent, servant and employee, employer of each of the other Defendant, and also acted in the capacity 0f and as agent of the other Defendant. Plaintiff also believes that the individual Defendant, and each 0f them, are jointly and severally liable that the actions described herein were taken as actions for the benefit 0f the Defendant's separate and/or community property. 9.Plaintiff believes that, for value received, Defendant and each 0f them, executed and delivered a credit card application to the original creditor, Citibank, N.A. or made such application over the telephone or Internet. Pursuant to the aforementioned application, Citibank, N.A. provided Defendant with a credit account, and granted use privileges 0n the same, account number XXXXXXXXXXXX6233 (hereinafter “Account”). 10.Pri0r t0 the commencement 0f this action, the Account was assigned for value t0 the Plaintiff and Plaintiff is its current holder. 1 1.Defendant agreed t0 repay Citibank, NA. and any successors in interest, for any charges 0n the Account including, but not limited to, charges for purchase 0fgoods and service and/or cash advances and balance. 12.Defendant used the Account to make purchases and/or to take cash advances and/or t0 make balance transfers. Each time the Defendant used the Account t0 purchase goods and services COMPLAINT-2 of 5 \OOOQQUl-bwwr-t NNNNNNNNNb-Ab-Ar-tr-tr-tr-Ar-Ar-Ab-Ab-A OOQONU‘I-bwwfi-‘OKOOONONUI-PWNHO and/or take cash advances and/or make balance transfers, Defendant reaffirmed their agreement to repay Citibank, N.A. and its successors in interest for the amount 0f the purchase and/or cash advances and/or balance transfers. 13.Month1y statements were sent to Defendant Which itemized all payments made and charges due on the Account. 14.The date 0f last payment 0n the subject account was 0n April 30, 2020. 15.Within the last four years, the Defendant failed t0 make payments as agreed 0n the Account. Defendant has failed, refused and neglected t0 pay amounts due 0n the Account. 16.The debt balance at charge-off was $2,662.42, and upon information and belief there is $0.00 in post charge off fees and $0.00 in post charge off interest. 17.Subsequent t0 charge-off, and after applying any and all applicable payments and credits, the Defendant owes Plaintiff $2,072.57. 18.A1th0ugh demand has been made upon said Defendant to pay said amount, n0 part has been paid, and it is now due and owing. 19.Up0n information and belief, Citibank, N.A. and successors in interest including Plaintiff have duly performed all promises, conditions and agreements herein. 20.P1aintiff has complied with California Civil Code Section 1788.52. 21.P1aintiff has attached hereto as Exhibit A and incorporated herein by reference a copy of Billing Statement and/or Account Records provided to the Defendant While the account was active, demonstrating that the debt was incurred by the Defendant as described in California Civil Code section 1788.52(b). 22.Plaintiff has attached hereto as Exhibit B and incorporated herein by reference a copy 0f the Final Billing Statement and/or Transaction History. 23.Up0n opening the Account with Citibank, N.A., the Defendant(s) agree to reimburse Citibank, N.A., and hence Plaintiff as successor in interest for the costs related t0 the collection of amounts owing on the Account. Plaintiff has been required to retain Mandarich Law Group, LLP COMPLAINT-3 0f 5 \OOOQQUl-bwwr-t NNNNNNNNNb-Ab-Ar-tr-tr-tr-Ar-Ar-Ab-Ab-A OOQONU‘I-bwwfi-‘OKOOONONUI-PWNHO to pursue collection 0f the amount due hereunder. FIRST CAUSE OF ACTION (Account Stated) 24.P1aintiff refers to and incorporates paragraphs 1 through 23. 25.Within the past 4 years, an account was stated in writing in Which it was agreed that Defendant were indebted in the amount previously referenced herein. Although demand has been made upon Defendant, said amount 0f $2,072.57 has not been paid, and it is now due, owing and unpaid from Defendant to Plaintiff, as successor in interest. SECOND CAUSE OF ACTION (Open Book Account) 26.P1aintiff refers t0 and incorporates paragraphs 1 through 25. 27.Within the past 4 years, Defendant and each 0f them became indebted in the amount of the previously mentioned herein for a balance due on a book account for goods sold and delivered and/or services rendered by Citibank, N.A.. Although demand has been made upon Defendant, said amount 0f $2,072.57 has not been paid, and it is now due, owing and unpaid including attorney’s fees from Defendant to Plaintiff as successor in interest. COMPLAINT-4 of 5 \DOOQQUI-bUJNH NNNNNNNNNr-tr-KHt-KHHHHr-tr-t OOQONUIAUJNHOKDOOQQUI-PUJNF-‘O WHEREFORE, Plaintiff prays for judgment against the Defendant as follows: 1. For the damages and money in the sum 0f $2,072.57, 2. For reasonable attorneys fees pursuant to statute; 3. For costs of suit incurred; and 4. For such other and further relief as the Court deems just and proper. 5. Plaintiff remits all damages in excess of the jurisdictional amount of this Court. Dated: 04/23/2021 By: MANDARICH LAW GROUP, LLP COMPLAINT-S 0f 5 ym- / [X] Amber Swearingen-Ojuri, Esq. Attorneysfor Plaintifl EXHIBIT A Account Statement Send Notice of Billing Errors and Customer Service Inquiries to: - . SEARS CREDIT CARDS sears CUStorrEglfeerce' PO Box 6282, Sioux Falls, SD 571 17-6282 Account Inquiries:® MaStercal’d .1 --800 669-8488 f _ _ W F _Summary of Account Actlwty Payment Information PreVIous Balance $1 ,721 .83 New Balance $1 ’021 _83 Payments _ '$700'00 Minimum Payment Due $27.00 Other Gred'ts '$O'OO Pa ment Due Date OCtOber 6 201 6 Purchases +$0.00 y ’ Cash Advances +$0.00 Late Payment Warning: If we do not receive your minimum payment by the Fees Charged +$oloo date listed above, you may have to pay alate fee up to $37. |nterest charged +$0.00 Minimum Payment Warning: If you make only the minimum payment each New Balance $1 ’021 _83 period, you will pay more in interest and it will take you longer to pay off your balance. For example: fast Due Amount $0.00 J FCredit Limit $6,000.00 W Available Credit $4,978.00 Cash Advance Limit $25000 Only the mlnlmum payment 8 years $2,720 Available Cash Limit $250.00 $51 3 ears $1,826 Amount Over Credit Limit $0.00 y (saV’”QS=$894) Statement Closing Date 09/09/201 6 It you would like information about credit counseling services, call 1-877-337-8187. Next Statement Closing Date 10/1 0/201 6 @ays in Billing Cycle 30 J k J You must pay your promotional balance of$1,021.83 in full by 11/06/16 to avoid paying deferred interest charges. As a feature of your account, you may have a balance transfer offer(s) available from time to time. Please call 1-800-669-8488 or visit searscard.com to see if you have an offer available. Please update your phone number, including cell phone number on the back of the payment coupon. TRANSACTIONS Trans Date Description Reference # Amount 09/03 PAYMENT - THANK YOU 851 21 06LAEHWV6YAZ $ 700.00- FEES TOTAL FEES FOR THIS PERIOD $ 0.00 Get Sears & Kmart gift cards Smiles Guaranteed.V Terms and conditions are applied to gift card. ME 5 PLEASE SEE IMPORTANT INFORMATION ON PAGES 2 AND 4. Page 1 of 6 This Account is Issued by Citibank, N.A. O Please detach and return lower portion with your payment to insure proper credit. Retain upper portion for your records. searS® Your Account Numberisfl 3622 H” ‘l H ‘ m HI” I‘lw Payment Due Date October 6, 2016Pom Smiles Guarantggd. NewBahnce $192133SIOUX FALLS, SD 571 17-6286 Statement Enclosed Get Sears & Kmart gift cards in store or online. Terms and conditions are applied to gift card. Please print address changes on the reverse side. Make Checks Payable tov SEARS CREDIT CARDS SU NGUYEN PO BOX 78051 97 VAN COTT CT PHOENIX, AZ 85062-8051 SAN JOSE, CA 95127-2869 Past Due Amount $0.00 Minimum Payment Due $27.00 Page 2 of 6 /A/- ME - 1238-5300-0039 -/B/- EM - 9 - RAPDCH15 - - -/C/- - 0 - - 53 -/D/- P - E - 0 - Y -/E/- 0 - - - 0 - 0 - /F/- 12/31/99 - 04/01/16 - 5 - August 10, 2016 -/G/- N - - - -/H/- 0 - - G50B -V -/I/- N - - 0 - 0 - - -/J/- - - - mfmwmfima AMER Yam“ Account, Haw to Awm Pavmq intemm 4m F‘wwhagflg Vow" pavmefl‘t due date is at teast 25 days after" the ctose 0f each Wing cysts” We WW mot Charge you aw interest om purchases if you pay vow" New Batamté by the paymemt due date each month” This is sawed a grace pemd 0m pwchasga To get a grace period on purchaseg VOL; must pay the New Bahama by the paymem‘t due date every Wing cyda We Wm begin Chargim} Werest 0m cash advances and bafiance ‘tra nsfem (if avaiiabte 0h vow" acwwt} 0m the Ha msaction date” Bf you have a bataflw subject t0 a deferred m‘terest pmmofim and that pmmetiom does mot expire befme the payment due date: that baiamce (am ”excmfled batahce”) Es exduded fmm the amount VOL; must pay m MM t0 get a grace period om a purchase? bafiaflce Other" thaw am exduded batsmen m addi‘tiom if you have a major" pumhase mam batahces that batance (am ”exduded baiame”) Es excfiuded from the amemt you must pay m Mi t0 get a grace myriad 0n a purchase bafiame other than ah exduded bsianceg Hawever, you musk SW pay any separa‘tety rewired payment cm the exduded batamceg m WNW; cycfies m which paymeflts are aiéoca‘ted k0 deferred mifer"est bstamces first the deferred interest bstamce Wm be reduced befcre aw other" batance m the accmmh Hawexwg you WW com‘tmue t0 get a grace? period 0m purchases? other" than an excfiuded batsnces so mm} as you pay the New Bafiance (kegs aw exduded bafiances mus am; separatetv rewired payment 0m an excmded bafiamé} m MI by the payment due date each Wing cvcteg m additiom certam pmmc‘timai offers may take away the grace period on purchases” G‘ther” pmr‘rmfionat offers mt described above may 3550 snow you t0 have a grace period 0n purchases wi‘tmut having t0 pay 3H m" a portion 0f the mommiomat batamce by the? payment due date. Bf either" is the cases the promotions! offer" Wm describe what happeflsg How We (:aflcumte “mm“ Eafiwm Subjmt m intemt Ram. We use a dam; batamce metmd (mciudmg wrrem‘t transactions} to catsuia‘te interest Charges” T0 fmd Out move infmr‘na‘tion about the bafiamce commutatiom r‘nethcd and haw the resmtmg interest Charges were detemwmeds cm‘tsct us at the Accoum‘ 5mm "ies m: “fibe " 0H the Hm? Bahama Tmngfmg Bstancet amsfe mmmts a e mduded m We ”Pu Chases” tine mthe mun‘na yofAcwunt ACWWW baiancetr“aflsfem are avaitabée on you " acwunt} Tmnmcfimw Dam TM smsactim Date Shawn (m the statemew ts atse the 3359 Date. What“ Acmum and Payment infarmafim» Paymanfi: Amwnt» you may pay 5H m" part 0f yew" acceunt bataflce at any time. However; you must pays by the paw‘nemt due data at teast the r‘fiimr‘nm‘fi paymem due” PLEASE SEE IMPORTANT INFORMATION ON PAGE 4 Please provide change of address and update/add your phone numbers here: {Um busHa ct b1 1:me r?! E Wham Yaw Payment WW Ba Cmdiwd, If we receive your" payment En p "rapeM0m at ou pr ecessing fawn; by 5 pm” iota) timethere, W. WW be credited as 0f that day” A payment received there? m proper" farm after" that time Wm be credited as 0f the next day” Mow 5 to 3’ days for" payments by reguiar mait to reach us” There may be a detay 0f up t0 5' days m creditimg a pay “newt wetréceive Wat is mi" m prepay" form 0r" Es mt sent to the correct add ess The cm!rectadd 955m eguiawmai! istheé add ass omthef 0m". Ofkhe paymemtwupm The 60Hredaddrressfcr wmie 0"exp ass ‘nait Esme Exp ass Mai: Add ess shown m the Exp! ess Maifi section Propfir Farm» Fm" a payment gem by maifi m" murier t0 be m proper" forr‘m VOL; must: a Emmga a vaiid Check m" mmey order: N0 cash? gift cardfi 0 w Fermi piease Simmde van ma “fie afld the task four" digits 0f yew" accoum number: Payment mm: Than By Mm m Siam (Wham Avafimm ea) AW pavf‘nemt m p "rope¥chm accepted m Sm ewm bet: ewjiitedss OfW'atday However; uedii‘avagfiabmw may b9 subject to ve Eficatim 0f funds Not 5H Sm es accept pawnemts Cormack your" tots: store t0 see if irrstme payments are accepted sf. that Eocaifiiom a flmmaa G0 t0 the URL om Page? 0f yam" statement t0 make a paymemt Far" security reasmg you may mt be awe t0 pay your" entire New Bafiance the fivst time yeu make a payment amine” The payment cutoff time for" Omme BEN Payments is midnight Esstem time. This means that we? Wm credit yam" accoumt as 0f the cafiemdar day, based (m Eastem Hma that we receive vow" payment vaguesh a Aummya Sign up at Accaunt Smirwe t0 have vow" paymemt amewt automaticaw deducted each momh from the account you choose” Yam" cavd accoum WW be CVedited om the due date with that smwmh a Mammy. Cat: the mom; number" 0n Page? 0f yaw" statememt t0 make a payment We may process yam" payment efiecfimmcaw after" we verify vow" identity” The payment cutoff time for" Phene Payments is midnight Eastem time. This mews that we Wm CVedit yew" accomt as 0f the cafiendar" day, based 0m Eastem times that we receive your" psymemt request a Exprwg Mam fiend payment mi com fer" 0"expr ess “nah t0: mm Consumer" Paymew Dem 6716 G ade Lawe Buitdmg 9s Emits: 910s Lwisvitieg KV 40213” Paw‘nem must be received m proper" form at the pmper” address by S puma Eastem time t0 be credited as 0f that day” AH payments received m pmper form at the proper address after" that time WW be credited as 0f the maxi". day” W WU mm am «afiqfibm chack Wm: “mm waymam WWW, mm aamhm'fizé m “m mmpflém wur paymant mi eimtmnm demt, 5f we cm, mm chmkinq amwnt Wm be dammed in me amaum on “ma mack» We may do "mm aw mam aw “ma day kw mmfiw Hm chmk» Mm, “km them Wm be dwtroyed» r" forefgm SMC/TGl/SCQ/SQP/HIPS Wane DECT 5 *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. Account. **** **** **** 3622 TRANSACTIONS (cont.) Trans Date Description Reference # Amount INTERESTCHARGED TOTAL INTEREST FOR THIS PERIOD $ 0.00 Total Fees Charged in 201 6 $27.00 Total Interest Charged in 2016 $0.00 ACTIVITY AND PROMOTIONS DETAIL Original Purchases, Promotion Promotion 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 - - $27.00 $27.00- - - - - - - DEFERRED INT W/PMTS $3, 1 94.83 04/26/16 $1 £94.83 $673.00- - - $1 ,021 .83 - $245.54 11/06/16 CASH ADVANCES REGULAR TOTAL $1 ,721 .83 $700.00- $0.00 $0.00 $1 ,021 .83 $0.00 $245.54 INTEREST CHARGE CALCULATION Your Annual Rate is the annual interest rate on account. PURCHASES REGULAR 25.49% DEFERRED INT W/PMTS 25.49% CASH ADVANCES REGULAR 27.40% = Variable Rate When you book through the Shop Your Way website http://www.shopyourway.com/travel AVIS”; ”Budget“ fiexpedia WHEN YOU USE A LINKED SEARS MASTERCARD RECEIVE 2X POINTS BACK IN SHOP YOUR WAY POINTS 0N QUAUFYING PURCHASES AT THESE SELECT TRAVEL BRANDS WHEN YOU USE YOUR SEARS MASTERCARD" AND BOOK THROUGH THE SHOP YOUR YOUR WAY WEBSITE AT SHOPYOURWAYCOMURAVEL OFFER VALID THROUGH SEPTEMBER 30. 201 6. *Not sure i1 your card Es linked to receive this offer? Cal! (800) 991-8708 to confirm. Members with a linked Shop Your Way number to their Sears MasterCard wit! be awarded 2X points back on qualifying purchases made with their Sears MasterCard card at the following travel brands: Avis. Budget. Seats Vacations. Cloud 9 Living. Crowne Plaza. eBags. Expedia. Hilton. Hoiiday Inn. hotels.com. Hotel Intercontinental. Trip Adviser. Points may take up to 65 days Io be awarded lo member account. Points wiil not be awarded on purchases classified as nmqualiiyim pumhases under me Shop Your Way program a: on purchases made sutside of seiect btands listed. Oflervaiid for original recipient only. Oifer valid in contiguous United Staies and Puerto Rico. Not vaEid in United States Virgin Islands 6r Guam. Shop Your Way reserves the right to cancel or modfiy the cite: at any téme in the event of fraud. abuse, unintended virality. or if other technical issues arise. By accepting Shop You; Way membership benefits and otters you agree to the Shop Your Way terms and conditions availabie at www.shopyourwaycom/terms. Not sure if your card is linked Io receive this oifer? Call (800) 991 v8708 to confirm. To discontinue panicipation in this progfam at any time. call (800) 991 v8708. The Shop Your Way program is oflered by Sears Holdings Management Corporation. Citibank is not responsible tor proéucts or services onered by other companies. MasterCard and the MasterCard Bram Mark are registered trademarks o! MasterCatd International. Inc. 073 tripadviser' Page 3 of 6 Page 4 of 6 {Imam anmng mgpumg» Bf you {th we reported inaccurate inferr‘naflm m a credit bureau write us at the Customer" Eervice address Shawn on Page 1. Ewart a Law or 3mm“ Cam Emmwmtem Caz: the Accomt lmwifles number shown 0h Page 1. What To Em W You Find A Mfigmm aim Yaw smmmwt If you ‘thmk‘ there Es am ewm (m vow" stakemem, write t0 us at the address for" bifitmg errors and customer" service imwifles shewm on Page 1 0f vow" statement. m your" Setter", give us the fofifiowmg mmrma‘tiom: a Acwm‘t Wmmatim: Vow" flame? amd accoum‘t number: describe what you befieve is wmng and why you befiieve if. is a mEstake, Wm must comma us: a Within 60 days after" the error" appeared (m yam" statement a N. Eeast 3 business days befme an automated payment Es schedmeds if you wam t0 stop payment om the amount you think is wmm} VOL; must mfifv us 0f aw potem‘tiat errors ijypg; VOL; may 65H us? but if you d0 we ave mt rewirefl t0 investigate am; potemiat errms afld you may have t0 pay the amount m Questimx What WM Happen Mtw Wfia Recafiw Yaw Lamar Wham wa remfive WW WWW, we mmt do Wm mfiiwgz 1. Withm 30 days 0f receivm} vow" Setter", we? must teH you that we received your" te‘tter", We WW atso ‘teH you if we have atready corrected the ewmz 2B Wi‘thifl 90 days (2f Vetteivmg your" fetter; we must either correct the error" 0r" expiam to WU WW we béiieve the DEM is correct WNW» we Envegflqam whethw m mm thaw hag bean aw arrow: a We 63mm try m cofitect the amwnt m Questiam 0r" veport yen as defiimuem (m that amount, a The Charge m Question may remain om yam" stafier‘fiefltg and we may com‘tmue t0 Charge you interest om that amcuntg a Whifie you 1&0 mot have t0 pay the amount m question, you are respmsibie f0?" the rer‘nainder 0f vow" bstahce, a We cam 3pm; aw unpaid amount against yam" mam Hmi‘t. PLEASE SEE IMPORTANT INFORMATION ON PAGE 2 AWN“ mm finigh our fiiwwtfiqatmnv mm of “twat thfingg Wm happen: or" am; mterest m Other feées retaked m that amaumt, a If we d0 mot betieve there was a mistake: VOL; WW have m pay the amount m question 320mg with appficabfie interest and fees” We Wm send you a statement of the? amcmt you owe amd the date payment Es due” We may them report you as defiimguen‘t if yau do mot pay the amount we think VOL; Owe, If you receive our" exptaflatim but 5W betieve your" bit? is wrong, you must write t0 us within IO day‘s ‘teng us that you SW refuse to pay” If VOL; d0 so, we canm‘t Vapovt you as defimauem without aése repcr‘tim that you are Questicnmg 3mm" bm, We must REM you the flame 0f amycme t0 Wham we reported VOL; as defimquent and we must Eek those organizations mow when the matter" has been se‘ttted between us” if we d0 not fmmw 3H of the mtes above, VOL; d0 mt have t0 pay the first $350 0f the amount you Question even if yew" bm is wwech WW Riqhm If Wm Am WSSa-fiSfiM Wim Yaw {i’rMN fiamf Furmagsm If you ave dissatisfied with the goods m" services that VOL; have purchased with your" credit cardg and you have Wed m goad faith t0 correct the pmbtem with the merchaht you max; have the right mot t0 pay the remammg amcumfi due 0H the purchase, T0 use this right 3H 0f the fofifiowmg must be true: 1. The purchase must have beam made m yew" heme state 0r" withm 100 miies 0f your" current maifiim} addrasg and the purchase price must have been mare than $50, (Nam: Néither of these are necessary if yam" purchase was based cm ah sdvertfser‘nen‘t we maited t0 yous 0r" if we own the compafly that sofid you the gocds 0r" services) 2B VOL; must have used your" credit card for" the purchasa Pmthases made with cash advaflces from am ATM 0r" with a Check that accesses yam" credit card account do mt Quatify, 3B VOL; must not yet have My paid for" the purchase, if at? 0f the criteria above are met and VOL; are Sm dissatisfied with the customer" service maumes shwm cm Page 1 of your" statement. White we Ewestigata the same mes 3pm; to the disputed amount as discussed abcveg After" we finish 0m" investigation we Wm ‘teH yam 0m" decismm At that DOW, if we think you owe an ameumt and you d0 mot pays we may repovt you as detmquent SMQ/TGI/SCC/SQP/HIPS Plan~4 DECT 5 Page 5 of 6 searscard.com You’ve always been able to pay your Sears bill for no charge at Kmart. Most bills or less per transaction. Next-day payment delivery. Bil! payments must be processed at Kmart by 7:00 pm. Eastern time to be delivered to biller by next business day. TV - Phone - Auto ' Local Utilities ' And more! ‘ *See reverse for details. One Stop. All-Access. Manage your Account Online to: - Schedule and track payments - Receive account notifications - Update contact information - Add an Authorized User gm sears}? Save on Home Improvements flmifififigfifiwflfifi 18 Months Special Financing" on home improvement purchases over $1500 when you use a qualifying Sears card. See back for details. Offer good through 10/31/1 6. For a FREE in-home estimate, visit searshomeservices.comflmprove House Experts for HomeownersSM 064 Page 6 of 6 m mmey U *BiII payments must be processed at Kmart by 7:00 p.m. Eastern time t0 be delivered t0 biller by next business day. Business days exclude weekends and other days banks are legally closed. Posting times vary by biller. Not all billers available at all locations and are subject t0 change. Fees are due at time 0f transaction and are subject t0 change. Ask clerk for details. Bill payment services are provided by CheckFreePay Corporation, a licensed money transmitter, and CheckFreePay Corporation of New York, which is licensed as a Money Transmitter for payment services by the New York State Department of Financial Services (collectively “CheckFreePay”). Kmart is an authorized agent of CheckFreePay. Other products referenced in this material may be trademarks garYregistered trademarks of their respective companies. © Copyright 2014 CheckFreePay Corporation. All rights reserved. For over 125 years, Sears has been making home improvements for millions of clients. This experience is proof that you can trust Sears in your home. Sears offers you the best products” and they are backed up by a guarantee for service by Searsf 0 Roof Waterproofing Systems Sears offers: 0 Replacement Doors, Windows and Tile 0 Free estimates from the comfort of your home 0 Kitchen Remodeling 0 Financing Optionsi o Air Conditioning/Mini-SplitSystem 0 Satisfaction Guaranteed+ For a FREE in-home estimate, call 1-877-587-21 61 or visit searshomeservices.com/improve *IMPORTANT SPECIAL FINANCING/DEFERRED INTEREST PROMOTIONAL DETAILS (When offered): No interest if paid in Within the promotional period. Interest Wili be charged to your accountfrom the purchase date if the purchase balance is not paid in full Within the promotionai period. With credit approval, for quaiifying purchases made on a Sears card. Sears Commerciai One© accounts exciuded. Sears Home Improvement AccountSM valid on instalied saies only. Sears cards: As of 7/1/2016, APR for purchases: \lariabie 7.49%725.49% or nonrvariable 5.00% {649%. Minimum interest charge: up to $2. See card agreement for detaiis, inciuding the APRS and fees appiicable to you. Offer valid for consumer accounts in good standing; is subject to change Without notice; see store or sates representative for detaiis. May not be combined With any other promotional offer. oar ”The products are not physicaiiy in the stores. The products or photographs thereof Wiii be shown during the home visit to provide the cost estimate of the improvements requested. +See WWW.searshomeservices.com/shs/info/satisfactioniguarantee for Satisfaction Guarantee details. Sears Home Improvement Products, Inc. is a division of Sears Roebuck and Co. The ‘Sears Home Sewices’ brand Iogo is used With the permission of Sears Roebuck and Co. Citi and Arc Design is a registered selvice mark of Citigroup Inc. MasterCard and the MasterCard Brand Mark are registered trademarks of MasterCard lnternationai, Inc. Sears cards are issued by Citibank, NA. iSubject to applicant creditvvofihiness. Financing avaiiable When you use your Sears card. 0916 ENG EXHIBIT B O Customer Service:syw.accountonline.com Account Inquiries: 1-833-735-0388 Account Statement Send Notice of Billing Errors and Customer Service Inquiries to: SHOP YOUR WAY MASTERCARD® PO Box 6276, Sioux Falls SD, 571 17-6276 f _ _ \ f _ WSummary of Account Actlwty Payment Information PreVIous Balance $2,565.25 New Balance $266242 Payments . "$000 Minimum Payment Due $1 386.42 Other Gred'ts '$O'OO Pa ment Due Date Se tember 6 201 9 Purchases +$0.00 y p ’ Cash Advances +$0.00 Late Payment Warning: If we do not receive your minimum payment by the Fees Charged +$3gloo date listed above, you may have to pay alate fee up to $39. Interest Charged +$58.1 7 Minimum Payment Warning: If you make only the minimum payment each New Ba|ance $366242 period, you will pay more in interest and it will take you longer to pay off your balance. For example: fast Due Amount $601 .00 J FCredit Limit $0.00 W Available Credit $0.00 Cash Advance Limit $000 Only the mlnlmum payment 11 years $5,751 Available Cash Limit $0.00 $109 3 $3,925 . . . Years - _ Amount Over Credit LImIt $661 .42 (saV’ngs-$7’826) Statement Closing Date 08/09/201 9 It you would like information about credit counseling services, call 1-877-337-8188. Next Statement Closing Date 09/09/201 9 @ays in Billing Cycle 30 J k J Your account is 6 months past due If you’re experiencing financial difficulty, we offer a number of payment solutions that may be available to help you bring your account current, if you qualify. » For assistance call us today at 1-833-233-8885. For the hearing impaired, call our TDD line at 1-800-926-5818. Hours of operation: Monday - Friday: 8:00 a.m. to 11:00 p.m. ET Saturday: 8:00 a.m. to 8:00 p.m. ET Sunday: 9:00 a.m. to 8:00 p.m. ET Beginning in September, there will be a $5 expedited payment fee to make a same day payment with a customer service agent. To make a payment at any time with no fee, including a same day payment, you can use the automated voice response system or access your account online at syw.accountonline.com. 8 SY 5 This Account is Issued by Citibank, N.A. O Please detach and return lower portion with your payment to insure proper credit. Retain upper portion for your records. O Your Account Number is- 6233PLEASE SEE IMPORTANT INFORMATION ON PAGE 2. Page 1 of 4 SHOPYOURWAY” Payment Due Date September 6, 2019 Pay your bill and more via your New Balance $256242 Po Box 6286 ' Past Due AmountT $601 .00 Sioux FALLS, SD 571 17-6286 Account onl'ne Minimum Payment Due $1,386.42 Statement Enclosed syw.accountonline.com TPast Due Amount is included in the Minimum Payment Due. Please print address changes on the reverse side. Make Checks Payable tov SHOP YOUR WAY MASTERCARD® PO BOX 78024 PHOENIX, AZ 85062-8024 SU NGUYEN 97 VAN COTT CT SAN JOSE, CA 95127-2869 Page 2 of 4 /A/- SY - 1242-5310-0000 -/B/- EM - 9 - SYWMC - - -/C/-E - 9 - X - 53 -/D/- P - B - - 0 - N -/E/- 6 - - - - 402 - 0 - 0 - /F/- 05/10/19 - 04/01/16 - 40 - July 10, 2019 -/G/- N - - - -/H/- 0 - - G41V -V -/I/- V - - 0 - 0 - - -/J/- - - - 1905M - - 0719 ACCOUHtI “H “H H“ 6233 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. Please update your phone number, including cell phone number on the back of the payment coupon. TRANSACTIONS Trans Date Description Reference # Amount FEES 08/06 LATE FEE $ 39.00 TOTAL FEES FOR THIS PERIOD $ 39.00 INTERESTCHARGED 08/09 INTEREST CHARGE ON PURCHASES $ 58.17 TOTAL INTEREST FOR THIS PERIOD $ 58.17 "Tot'ai’F‘éé‘s CH'arg‘e‘6 .H’2bi‘9‘w “52-1-9. Total Interest Charged in 2019 $325.47 ACTIVITY AND PROMOTIONS DETAIL OriginaI 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 - - $2,565.25 - $39.00 $58.17 $2,662.42 - - - CASH ADVANCES REGULAR TOTAL $2,565.25 $0.00 $39.00 $58.17 $2,662.42 $0.00 $0.00 INTEREST CHARGE CALCULATION Your Annual Rate is the annual interest rate on account. PURCHASES REGULAR 27.24% D CASH ADVANCES REGULAR 29.15% D = Variable Rate Page 3 of 4 Page 4 of 4 THIS PAGE INTENTIONALLY LEFT BLANK
