DeclarationCal. Super. - 6th Dist.April 30, 2021Electronically Filed by Superior Court of CA, County of Santa Clara, on 7/2/2021 2:31 PM Reviewed By: D Harris Case #21CV381167 Envelope: 6777131 21CV381167 Santa Clara - Civil D Harris 10 ll 12 l3 l4 15 16 l7 18 l9 20 21 22 23 24 25 26 27 28 Christopher D. Mandarich SB 220693 MANDARICH LAW GROUP, LLP P.O. Box 109032 Chicago, IL 60610 Phone: 877.285.4918 Facsimile: 818.888.1260 Attorneysfor Plaintifl' Midland Credit Management, Inc SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA ) Case No.2 21CV381 167 Midland Credit Management, Inc, ) Plaintiff, g ) DECLARATION PURSUANT TO CODE VS- ) OF CIVIL PROCEDURE §1033 PORTLA OVISO, ) Defendant. 3 ) Ideclare as follows: 1. I am the attorney of record for the Plaintiff. Ihave personal knowledge 0f the facts set forth herein, and if called as a witness Iwould and could so testify competently. 2. Attached as Exhibit “A” is a true and correct copy of the letter which was mailed to the Defendant advising of Plaintiff’s intent to file suit in the Superior Court pursuant to CCP § 1033. I declare under penalty of peljury that the forgoing is true and correct under the laws of the State of California. Executed at Chicago, Illinois on June 26, 2021 MANDARICH LAW GROUP, LLP nflp/M [X] Christopher D. Mandarich Attorneysfor Plaintzfl Midland Credit Management, Inc DECLARATION PURSUANT T0 CCP 1033 EXHIBIT A Please Reply To: P.O. Box 109032 Chicago, IL’60610 P: 877.285.4918 F: 818.888.1260 www.mandarichlaw.com You may also contact us via email at |NFO@MANDAR|CHLAW.COM April 11, 2021 Sent via US Mail PORTIA OVISO 3280 COLDWATER DR SAN JOSE CA 95 148-1209 Current Creditor: Our File 'No.: Original Creditor: Original Creditor Account No.: Current Balance Due: Charge Off'Date MANDARICH LAW GROUP, LLP Attorneys at Law Midland Credit Management, Inc 4424048 SYNCHRONY BANK XXXXXXXXXXXXO 1 67 $2,783.24 06/23/2020 THIS LAW FIRM EMPLOYS ONE OR MORE A1TORNEYS ADMITTED TO PRACTICE IN THE FOLLOWING STATES: Alaska, California, District of Columbia, Florida, Georgia, Idaho, Illinois, Iowa, Kansas, Michigan, Missouri, Nebraska, Nevada, New York, North Carolina, Ohio, Oregon, South Carolina, Virginia, Washington OF COUNSEL Thomas M. McGreal (CA, HI) Crystal Flynn (UT) NOTICE OF INTENTION TO SUE AND INCUR COSTS Dear PORTIA OVISO, We represent Midland Credit Management, Inc. If we are unable to resolve this matter within ten (10) days of the date 0f this letter, our client has authorized us t0 file a lawsuit to collect the balance owing on the above-referenced account. You are hereby notified that pursuant to California Code of Civil Procedure Section 1033, should legal action result in a judgment against you, you may also be found liable for various court costs, including, but not limited to, filing fees and service ofprocess fees. Please give this matter your prompt attention and contact our office toll-free at 877285.491 8. Sincerely, Mandarich Law Group, LLP THIS COMMUNICATION IS FROM A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. SEE REVERSE SIDE OR ATTACHED FOR AN IMPORTANT STATEMENT OF YOUR RIGHTS. §illKllWllNIUIIWIINIINlblhlllilWI|\|§|||#ll||llH|N|l\ IMPORTANT NOTICE OF RIGHTS We are required under state and/or federal law(s) to notify consumers of certain rights. This list does not include a complete list of rights you may have under state or federal laws or regulations. Federal Law or other state laws may also provide you with similar or even greater rights. In California: The state Rosenthal Fair Debt Collection Practices Act and the federal Fair Debt Collection Practices Act require that, except under unusual circumstances, collectors may not contact you before 8 a.m. or after 9 p.m. They may not harass you by using threats of violence or arrest or by using obscene language. Collectors may not use false or misleading statements or cal] you at work if they know or have reason to know that you may not receive personal calls at work. For the most part, collectors may not tell another person, other than your attorney or spouse, about your debt. Collectors may contact another person to confirm your location 0r enforce a judgment. For more information about debt collection activities, you may contact The Federal Trade Commission at 1-877-FTC-HELP or www.ftc.gov. As required by law, you are hereby notified that a negative credit report reflecting 0n your credit record may be submitted by the creditor to a credit reporting agency if you fail to fulfill the terms of your credit obligations. Mandarich Law Group, LLP | P.O. Box 109032 Chicago, IL 60610, I 877.285.4918