Default EnteredCal. Super. - 6th Dist.April 30, 2021on 6/25/2021 8:42 AM Reviewed By: D Harris Envelope: 6722443 CIV-105 ATTORNEY 0F: PARTY WITHOUT ATTORNEY; STATE BAR No; NAMEChristopher D. Mandarich SB 220693 FiRM NAME: Mandarich Law Group, LLP STREET ADDRESS: P.O. Box 109032 cm» Chicago STATE: lL ZIP CODE: 60610 TELEPHONE NO : 8772854918 FAXNO.‘818.888.1260 E-MAIL ADDRESS ATTORNEY FOR (name) Midland Credit Management, Inc SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F SANTA CLARA STREEWDRESS’ 191 N FIRST STREET MAILING ADDRESS: ammo ZPCODE SAN JOSE CA 95113 BRANCH NAME: DOWNTOWN COURTHOUSE PIaintifl/Petitioner:Midland Credit Management, Inc Defendant/Respondent DUY PHAM, an individual FOR COURT USE ONLY REQUEST FOR (Application) Entry of Default Judgment CASE NUM BER: 21CV381158 For use oniy in actions under the Fair Debt Buying Practices Act (Civ. Code, § 1788.50 et seq.) 1. On the complaint or cross-complaint filed a. on (date): 04/30/2021 b. by (name).- Midland Credit Management, Inc c. Enter default of defendant (names): DUY PHAM, a” indiVidua' d. | request a judgment under Civil Code section 1788.60 and Code of Civil Procedure section 585 against defendant (names): DUY PHAM, an individual (Testimony may be required. Check with the clerk regarding whether a hearing date is needed.) e. E Defaultwas previously entered on (date): Judgment to be entered. Amount Credits acknowledged Balance a. Demand of complaint” $ 6,147.80 $ 0.00 $ 6,147.80 b. Interest 3 0.00 $ 0.00 $ 0-00 c. Costs (see page 3) $ 322.00 $ 0.00 $ 322-00 d. Attorney fees $ 0.00 $ 0.00 $ 0-00 e. TOTALS S 6,469.80 $ 0.00 $ 6,469.80 (* Must be established by business records, authenticated through a sworn declaration, submifled with this application. (Civ. Code, §§ 1788.58(a)(4), 1788.60(a).)) This action is not barred by the applicable statute of limitations (Civ. Code, § 1788.56). Requirements for the com plaint. a4 The complaint alleges ALL of the following (Civ, Code, §§ 1788,58, 1788.60): (1) That the plaintiff is a debt buyer; (2) A short, plain statement regarding the nature of the underlying debt and the consumer transaction from which it is derived; (3) That the plaintiff is EITHER the sole owner of the debt OR has the authority to assert the rights of all owners of the debt; (4) The debt balance at charge-off and an explanation of the amount and nature of, and reason for, all post-charge-off interest and fees, if any, imposed by the charge-off creditor or any subsequent purchasers of the debt; (5) The date of the default OR the date of the last payment; (6) The name and address of the charge-ofi creditor at the time of charge-off in sufficient form so as to reasonably identify the charge-of'f creditor, and the charge-off creditor’s account number associated with the debt; Page1 of3 Form Adopted for Mandatory Use Code oi Civil Procedure, § 585; Judiciai Council ofCaIifomaa REQUEST FOR ENTRY OF DEFAULT Cwil Code.§ 1788.60 ClV-105 (Rev. January 1. 2020) (Fair Dabt BUYing Practices Act) www.oourfaca gov ||||I|||||l||||l||||||||l|ll|||ll||||\llllIIIUIINIIINIHIIHIH|||l FILED County of Santa Clara Superior Court of CA Clerk of The Court 21CV381158 By: ychavez 06/25/2021 ClV-105 PIaintifi/Petitioner: Midland Credit Management, Inc CASENUMBERI Defendant/Respondent: DUY PHAM, an individual 210681158 4. a. (7) The name and last known address of the debtor as they appeared in the charge-off creditor’s records prior to the sale of the debt; (8) The names and addresses of a5! persons or entities that purchased the debt after charge-off, including the plaintiff debt buyer, in sufficient form so as to reasonably identify each such purchaser; and (9) That the plaintiff has complied with Civil Code section “£788.52. b. A copy of the contract or other document described in Civil Code section 1788.52(b) is attached to the complaint. 5. Documentation requirements for defaultjudgment‘ ALL of the following documents are submitted with this request for default judgment (Civ. Code, § 1788.60(a)-(c)): a. A copy of the contract or other document evidencing the debtor's agreement to the debt, authenticated through a sworn declaration. See Civil Code section 1788.52(b) regarding documentation, including for revolving credit accounts. b. Business records, authenticated through a sworn declaration, to establish: (1) That the piaintiff is EITHER the sole owner of the debt OR has the authority to assert the rights of all owners of the debt; (2) The debt balance at charge-ofi, and an explanation of the amount and nature of, and reason for, all post-charge-ofi interest and fees, if any, imposed by the charge-off cred itor or any su bsequent purchasers of the debt; (3) The date of the default OR the date of the last payment; (4) The name and address of the charge-ofi creditor at the time of charge-off in sufficient form so as to reasonably identify the charge-off creditor, and the charge-of‘f creditor's account number associated With the debt; (5) The name and last known address 0f the debtor as they appeared in the charge-ofi creditor's records prior to the sale of the debt; and (6) The names and addresses of ail persons or entities that purchased the debt after charge-off, including the plaintiff debt buyer, in sufficient form so as to reasonab!y identify each such purchaser. Date:June 17, 2021 JMMChristopher D. Mandarich SB 220693 } (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTEFF OR ATTORNEY FOR PLAINTIFFE FOR COURT (1) E Defaurt entered as requested on (date): USE ONLY (2) ' Default NOT entered as requested (sfafe reason): Clerk, by DePUtY 6. Legal document assistant or unlawful detainer assistant (Bus. & Prof. Code, § 6400 et seq.). A Iega! document assistant or uniawfui detainer assistant E: did did not for compensation give advice or assistance with this form. If deciarant has received any help or advice for pay from a iegai document assistant or unlawful detaine: assistant, state: a. Assistant's name: c. Telephone no.1 bA Street address, city: and zip code: d. County of registration: e. Registration no.: f. Expires on (date): 7. [E Declaration under Code Civ. Proc., § 585.5 (for ent/y of defauff under Code Civ. Proa, § 585(8)). This action a. E is $5 not on a contract or installment sale for goods or services subject to Civ. Code, § 1801 et seq. (Unruh Act). b. E: is is not on a conditional sales contract subject to Civ. Code, § 2981 et seq. (Rees-Levering Motor Vehicle Sales and Finance Act). c. is [:3 is not on an obfigation for goods, services, Ioans, or extensions of credit subject to Code Civ. Proo, § 395(k)). CIV-ws {Rev January 1, 2020] REQUEST FOR ENTRY 0F DEFAULT Page2 of3 (Fair Debt Buying Practices Act) ychavez X 06/25/2021 ClV-105 P’ainfimpetmonefi Midland Credit Management, Inc CASENUMBER? Defendant/Respondent: DUY PHAM, an individual 21CV381158 8. Declaration of mailing (Code Civ. Proc., § 587). A copy of this Request for Entry of Defaultwas a. :1 not mailed to the following defendants, whose addresses are unknown to plaintiff or plaintiff's attorney (names): b. mailed first-ciass, postage prepaid, in a sealed envelope addressed to each defendant's attorney of record or, if none, to each defendant's last known address as fotlows: (’I) Mailed on (date): (2) To {specify names and addresses shown on the envelopes): JUN ZSZUH DUY PHAM 3150 VALMAINE CT SAN JOSE CA 95135-1134 I declare under penalty of perjury under the taws of the State of California that the fore ' Date: JUN 23202} fiammaiLQpez 6, 7, and 8 are true and correct. / (TYPE OR PR‘NT NAME) v (AGNATURE 0F DECLARANT) 9. Declaration of nonm ilitary status (required forajudgment). No defendant named in item 1c of the apptication is in the military service as that term is defined by either the Sewicemembers Civii Relief Act, 50 U.S.C. App. §391 1 (2), or California Military and Veterans Code sections 400 and 4020‘). ‘30. Memorandum of costs (required if moneyjudgment requested). Costs and disbursements are as follows (Code Civ. Proo, § 1033.5): a Clerk's filing fees .............................................. s 225.00 b. Process server‘s fees ........................................ $ 97.00 C Other (special): $ d. $ e TOTAL ............................................................ S 322,00 f. [:3 Costs and disbursements are waived. g. l am the afiorney, agent, or party who ciaims these costs. To the best of my knowledge and belief this memorandum of costs is correct and these costs were necessariiy §ncurred in this case. I declare under penalty of perjury under the laws of the State of California that the foregoing items 9 and 1O are true and correct. Date;June 17,2021 OQMMChristopher D. Mandarich SB 220693 ’ (TYPE OR PRINT NAME} (SIGNATURE OF DECLARANT) ClV-105 [Rem January 1. 2020] REQUEST FOR ENTRY 0F DEFAULT Page3 of3 (Fair Debt Buying Practices Act)
