Default EnteredCal. Super. - 6th Dist.April 30, 2021on 7/14/2021 1:22 PM Reviewed By: D Harris Envelope: 6845793 CIV-105 ATTORNEY OF: PARTY \MTHOUT ATTORNEY: STATE BAR N0; NAME Christopher D. Mandarich SB 220693 FxRM NAME Mandarich Law Group, LLP STREET ADDRESS: P.O. BOX 109032 crw Chicago STATE. |L ZIP CODE' 606.10 TELEPHONE NO; 877.285.4918 FAXNO:818.888_1250 E-MAIL ADDRESS: FOR COURT USE ONLY Midland Credit Management, Inc ATTORNEY FOR (name): SUPERIOR COURT 0F CALIFORNIA, COUNTY OF SANTA CLARA STREETPDE'RES? 191 N FIRST STREET MAILING ADDRESS cmmmog SAN JOSE CA 95113 emcwwa DOWNTOWN COURTHOUSE Plaintiff/Petitioner:Midiand Credit Management, Inc Defendant/Respondent: REBECCA NGUYEN, an individuai CASE NUMBER: REQUEST FOR (Application) Entry of Default Judgment 21CV381173 For use only 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): REBECCA NGUYEN: a” ind‘Vidua' P- ! request a judgment under Civil Code section 1788,60 and Code of CiviE Procedure section 585 against defendant (names): REBECCA NGUYEN, an individual (Testimny may be required. Check wifh (he clerk regarding whether a hearing date is needed) e‘ I Default was previously entered on (date): 2. Judgment to be entered. Amount Credits acknowledged Balance a. Demand of complaint* $ 2,613.13 $ 0.00 $ 2,613.13 b‘ Interest $ 0.00 $ 0.00 $ 0.00 c. Costs (see page 3) S 278.00 $ 0.00 $ 278.00 d. Attorney fees $ 0.00 $ 0,00 $ 0.00 e. TOTALS $ 2,891.13 $ 0.00 $ 2,891.13 (* Must be established by business records, authenticated through a sworn declaration, submitted wr‘th this applicaflon. (Civ. Code, §§ 1788.58(e)(4), 1788V60(a)‘)) 3. This action is not barred by the applicable statute of limitations (Civ. Code, § 1788,56), 4‘ Requirements for the com plaint‘ a. 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, ail 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-off creditor at the time of charge-off in sufficient form so as to reasonany identify the charge-off creditor, and the charge-off creditor‘s account number associated with the debt; Page 1 of3 Form Adopted for Mandatory Use Code of Civil Procedure, § 585. Judicial Council ofCaIifomqa REQUEST FOR ENTRY 0F DEFAULT Cwil Codefi 1738.60 CNJOS [Rev January 1. 2020] (Fair DBDt Buying Practices Act) www.oomfacagov |IIHHIIll|l|||||Ill“|fl|||fl|l||lllllllll|||lllII||I|fl|lH||||l||||I|| FILED County of Santa Clara Superior Court of CA Clerk of The Court 21CV381173 By: suy 7/14/2021 CEV-‘tOS Plaintifi/Petitioner: Midland Credit Management, Inc cxxzsgwmaen I . . . 21CV381173Defendant/Respondent. REBECCA NGUYEN, an deVIdual 4‘ a4 (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 aH persons or entities that purchased the debt after Charge-off, including the plaintiff debt buyer, in sufficient form so as to reasonabiy identify each such purchaser; and (9) That the plaintiff has complied with Civil Code section 1788.52. 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 ofthe foEEowing documents are submitted with this requestfor defauit judgment (Civ. Code, § 1788;60(a)-(C)): a. A copy of the contract 0r other document evidencing the debtor‘s agreement t0 the debt, authenticated through a sworn deciaration. See Civil Code section 1788,5203) regarding documentation, inoiuding for revofiving credit accounts. b. Business records} authenticated through a sworn declaration, to establish: (1) 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; (2) The debt bafance 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; (3) The date of the defauit OR the date of the last payment; (4) The name and address of the charge-off creditor at the time of charge-ofi 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 of 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-ofi, including the plaintiff debt buyer, in sufficient form so as to reasonabfy identify each such purchaser. Date:June 28, 2021 I OQMMChristopher D. Mandarich SB 220693 > (TYPE OF: PRINT NAME) (SJGNATU’RE OF ‘PLRNTIFF OR ATTORNEY FOFZ PLAii‘JTiFFE FOR COURT (1) [:3 Default entered as requested on (date): USE ONLY (2) E Default NOT entered as requested (state reason): Clerk, by Deputy 6. Legal document assistant or uniawful detainer assistant (Bus. & Prof. Code, § 6400 et seq). A !ega| document assistant or unlawful detainer assistant [:3 did did not for compensation give advice or assistance with this form. If declarant has received any help or advice for pay from a legal document assistant or unlawful detainer assistant, state: a. Assistant's name: c. Telephone no.1 b‘ Street address, city, and zip code: d. County of registration: e. Registration no.: f. Expires on (date): 7. [:23 Declaration under Code Civ. Proc., § 585.5 (forent/y of default under Code Civ. Pros, § 585(a)). Th§s action a‘ E is is not on a contract or instalment sale for goods or services subject to Civ. Code; § 1801 et seq‘ (Unruh Act). b. E: is is not on a conditional sales contract subjectto Civ, Code, § 2981 et $qu (Rees-Levering Motor Vehicie Sales and Finance Act)‘ c. is [:3 is not on an obligation for goods, services, ioans, or extensions of credit subject to Code Civ. Proo, § 395(b). ClV-’IOS [Rev January 1‘ 2020] REQUEST FOR ENTRY OF DEFAULT 93992 °f3 (Fair Debt Buying Practices Act) X 7/14/2021 SUy ClV-105 Plaimifi/Petitionefi Midland Credit Management, Inc CASHJUME‘ER Defendanmespondent; REBECCA NGUYEN, an individual 21CV381173 8. Declaration of mailing (Code Civ. Proc., § 587). A copy of this Request forEany of Default was a. {:3 not mailed to the following defendants, whose addresses are unknown to plaintiff or plaintiff‘s attorney (names): b. mailed first-class, postage prepaid, En a seaied envelope addressed to each defendant‘s attorney of record or, if none, to each defendant's East known address as foliows: (1) Mailed on (date): (2) To (specify names and addresses shown on the envelopes): 'JUL, E 32021 REBECCA NGUYEN 2816 GLEN DONEGAL DR SAN JOSE CA 95148-2533 I declare under penalty of perjury under the laws 0f the State of California that theforeoWs 6, 7, and 8 are true and correct. Date: JUL 1 3202} {TYPE OR PR'NT NAME) v MIGNATURE 0F DECLAQNN) 9. Declaration of nonmilitary Status (required for ajudgment)‘ No defendant named in 'rtem 1c of the application is in the military service as that term is defined by either the Servicemembers Civil Relief Act, 50 U.S,C. App, § 3911(2), or California Military and Veterans Code sections 400 and 402(f). 10. Memorandum of costs (required if moneyjudgment requested). Costs and disbursements are as follows (Code Civ. Proo, § 1033.5): a. Clerk‘s fiaing fees .............................................. $ 18 1 .00 b. Process server's fees ........................................ $ 97.00 C. Other (specify) : $ d. $ e. TOTAL ............................................................. $ 278.00 f. f: Costs and disbursements are waived. g. I am the attorney, agent, or party Who claims these costs. To the best of my knowledge and belief this memorandum of costs is correct and these costs were necessarily incurred in this case. 1 declare under penalty of perjury under the laws of the State 0f California that the foregoing items 9 and 1O are true and correct. Date;1une28,2021 MMMChristopher D. Mandarich SB 220693 ’ (TYPE OR WENT NAME) (StcaNATURE 0F DECLPRMT) C“v""05 [F9 January "‘ 30301 REQUEST FOR ENTRY OF DEFAULT P3993 °73 (Fair Debt Buying Practices Act)
