DeclarationCal. Super. - 6th Dist.March 25, 2021KOOOQQ 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 21 CV381275 Santa Clara - Civil DH Anna C. Karkoon, State Bar #295797 Elegtronlicallg Fllretd f CAChristine Siduguen, State Bar #240380 y ”parlor ou o ’ Paul J. Klemm, State Bar #199194 County of Santa Clara, RAUSCH STURM LLP on 7/29/2021 1:40 AM 250 N. Sunnyslope Road, Suite 300 Reviewed By: D Harris Telephone: (877) 215-2552 _ Facsimile: (877) 396-4464 Envel°pe' 6946364 E-mail Address: LawfirmCA@rsieh.com Attorneysfor Plaintifl SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA, DOWNTOWN SUPERIOR COURT TD Bank USA, N.A., Case N0.: 21CV381275 ATTORNEY DECLARATION RE: CASE SUMMARY, COSTS (CODE OF CIVIL PROCEDURE §1033), AND EVIDENCE CODE §1550 Plaintiff, vs. SANLATA R MELCHOR, Defendant. LIMITED CIVIL CASE vvvvvvvvvvv I, the undersigned, hereby declare and state as follows: 1. I am an attorney licensed to practice before courts ofthe State of California. Ihave personal knowledge of the facts set forth herein, and if sworn as a witness, Iwould and could testify thereto. 2. This is the proper venue and court location for this action because it is upon information and belief that Defendant resided in this court's jurisdiction at the commencement of this action. 3. PlaintiffTD Bank USA, NA. (“Plaintiff”) is seeking t0 recover from Defendant SANLATA R MELCHOR (“Defendant”) the past-due balance on a credit card account ending in ************2606, Which was opened and used by Defendant for value received. 4. The amount due is the result 0f transactions that occurred on the Account, Which upon information and belief, were for personal, family, or household purposes, occurring through use by Defendant or by authorized users. 1 ATTORNEY DECLARATION RE: CASE SUMMARY, COSTS (CODE 0F CIVIL PROCEDURE §1033),WW” EVIDENCE CODE §1550 arris KOOOQQ 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5. This action is not subject t0 the provisions 0f section 2981, et seq. (Rees-Levering Act) 0r section 1801, et seq. (Unruh Act) 0f the California Civil Code. REQUEST FOR COSTS PURSUANT TO CODE OF CIVIL PROCEDURE $1033 6. Prior t0 the commencement 0fthis action, as part 0four office's usual course ofbusiness and pursuant t0 Code 0f Civil Procedure, section 1033, subsection (b)(2), Plaintiff mailed to Defendant’s last known address(es) a written notice 0fthe intended legal action against Defendant and that such action could result in ajudgment against Defendant that would include costs and other reasonable fees allowed by law. A true and correct copy 0f the letter sent t0 Defendant is attached hereto as Exhibit 1. 7. When Defendant failed t0 pay the balance due, Plaintiff filed and served the Complaint on Defendant. 8. Plaintiff is seeking to recover the actual costs 0f the filing fee, e-filing fees, and fees for service 0f process and any attempts at service, if applicable, for a total amount of $327.90. JUDGMENT CALCULATIONS 9. The Complaint asserts claims for a balance due 0f $2,520.42, plus court costs 0f $225.00, service fees 0f $85.00, and e-filing fees of $17.90 for a total sum due of $2,848.32. 10. Plaintiff is entitled to recover the actual costs 0f a filing fee and the actual costs of service 0f process, as listed below: Filing Fee: $225.00 Service Fee: $85.00 E-filing Fees: $ 1 7.90 Total: $327.90 REQUEST FOR JUDGMENT BY DEFAULT 1 1. Within the statutory period, an account was stated in writing by and between Defendant and Plaintiff, in which it was agreed that Defendant was indebted on the account. 12. Regular monthly statements were mailed to Defendant listing the debits, credits, and balance due 0n the account. By using the Account, Defendant expressly 0r impliedly agreed and promised t0 repay the obligation. Plaintiffhas n0 record ofDefendant timely obj ecting t0 the monthly statements after receipt and an unpaid sum remains due and owing. 2 ATTORNEY DECLARATION RE: CASE SUMMARY, COSTS (CODE 0F CIVIL PROCEDURE §1033), Afifio” EVIDENCE CODE §1550 \DOONO 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 13. Plaintiff or Plaintiff’s counsel has made demand upon Defendant for repayment of the balance, however, Defendant has failed to satisfy the outstanding balance due. Plaintiffhas duly performed all promises, conditions, and agreements 0n its part to be performed. 14. I am informed that Defendant has failed t0 answer 0r defend Plaintiffs complaint within the time allowed by law, and therefore, the allegations of the complaint are to be admitted. 15. As of the date of this default request, there is due and owing the unpaid sum 0f $2,848.32. Plaintiff waives its right to collect any balance over the current balance due and owing, and waives any security interests it might hold. (See Exhibit 2.) 16. Accordingly, Plaintiff requests judgment as asserted in the complaint for a total sum due of $2,848.32, Which includes the principal amount of $2,520.42, plus the filing fee, e-filing fees, and fees for service of process and attempts at service, if applicable, of $327.90. RE UEST TO ACCEPT COPIES IN LIEU OF ORIGINALS 17. Plaintiff either mailed original statements of the account and/or any original application/contract to Defendant, 0r said original documents cannot be located. In its normal business and procedures, Plaintiff maintains records electronically, and thus, originals are not available. 18. Plaintiff has provided this office with a true and correct copy of the original statements of the account and/or any original application/contract, Which is attached as Exhibit 2. 19. Accordingly, Plaintiff requests that this Court accept any copies of documents produced as part of this default request in lieu 0f the originals, pursuant t0 Evidence Code, section 1550. I declare under penalty ofpeljury under the laws of the State of California that the foregoing is true and correct. DATED: 07/23/2021 RAUSCH STURM LLP h; Christine Siduguen Attorneys for Plaintiff 3 ATTORNEY DECLARATION RE; CASE SUMMARY, COSTS (CODE 0F CIVIL PROCEDURE §1033), Afiifio” EVIDENCE CODE §1550 KOOOQQ 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT 1 4124099 250 N. SUNNYSLOPE ROAD, SUITE 300 BROOKFIELD WI 53005 SANIATA R MELCHOR 384 E HEDDING ST SAN JOSE CA 951 12-2957 LCANIS Our File N0. 4124099 RAUSCH STURM ATTORNEYS AT LAw 250 N. SUNNYSLOPE ROAD. SUITE 300 BROOKFIELD WI 53005 CT LIcENs: Nos. I089 I I O: I606669; I 942762 COLORADO ADDRESS: NYC LIcENs: Nos. 208564I ; 208 I 3 I O; 208 I 3| I; 5500 S. QUEBEC ST.. STE. 260 208 l 3 I 3; 2093070 GREENWOOD VILLAGE CO BOI I I YONKERS LICENSE NOS. IOZOQ: IOEI | : IOZ l O; |0267; |0347 BUFFALO LICENSE NO. CAG | 9' | 0049356 TOLL FREE: (B77) E | 5-2552 TI'Y: 7| | NORTH CAROLINA PERMrr NOS. FAX: (877) 396-4464 | | 40813 (WI OFFICE): | | 4084 (CO OFFICE) LAWFIRMCA@RSIEH.COM WWW‘RAUSCHSTURM.COM Houns or OPERA'HON: M-TH 8AM-BPM; F 8AM-6PM CST March 8, 2021 SANIATA R MELCHOR 384 E HEDDING ST SAN JOSE CA 951 12-2957 Re: SANIATA R MELCHOR Creditor to Whom the Debt is Owed: TD Bank USA, N.A. Account No.: ************2606 Target credit card account Our File Number: 4 124099 Account Balance: $2,520.42 Dear SANIATA R MELCHOR: We represent TD Bank USA, N.A.. We have made several attempts to resolve this account with you to n0 avail. We have payment plans available, and are committed to finding a solution that accommodates your situation. Call toll-free at (877) 215-2552 TTY: 71 l. Please be advised that ifwe d0 not obtain payment or otherwise reach a satisfactory resolution 0f your account, we may proceed with the filing of a lawsuit against you to collect the balance owing 0n the above-referenced account. Furthermore, you are hereby notified pursuant to California Code of Civil Procedure Section 1033(b)(2) that any possible legal action could result in a judgment against you that would include the costs and necessary disbursements allowed by law, ifTD Bank USA, N.A. requests those costs and necessary disbursements and is found to be legally entitled to the same. Plcasc give this matter your prompt attention and contact our office toll-frcc at (877) 215-2552 TTY: 71 l. Sincerely, RAUSCH STURM This communication is from a debt collector. This is an attempt to collect a debt and any information obtained will bc used for that purpose. |||||||||||||||||||||||||||||||||||||||||| - LCANIs G] 22220 LCANIS Our File N0. 4124099 KOOOQQ 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT 2 4124099 TARGETQ REDcard Ending in: 2606 Account Identification Number:_2034 SANIATA R MELCHOR Summary of Account Activity Previous Balance $2,480.42 Payments and Other Credits -$0.00 Purchases and Other Debils +$D.OO Past Due Amount $698.00 Fees Charged +$40.00 Interest Charged +$0.00 New Balance $2,520.42 Credit Limit $0.00 Available Credit $0.00 Statement Closing Date 7119/2020 Days in Billing Cycle 30 *OOOOO* Statement Closing Dale: July 19, 2020 Page 1 of2 Payment Information New Balance $2,520.42 Minimum Payment Due $2,520.42 Payment Due Date 8/19/2020 If you would like information about credit counseling services, call 1-600-991-3433. For questions, an address change or to report a lost or stolen card, go online or call us: Manage My REDcard Target Card Services TDD/TDY 1-800-347-5842 Outside the U.S. 1-612-307-6622 (Call Collect) Calling will not preserve your billing-enor rights Target.com/myREDcard 1 -BOD-659-2396 Important Messages Your account has been charged off. This is your final statement. If you have been impacted by coronavirus, we're here to help. Browse our FAQS in the "Settings & Help" section on Manage My RedCard at Target.comimyRedCard to learn more. Tran sactions Trans Date Description of Tnnsaction or Credit Location Amount Payments And Other Credits No payments or credils were received last month. Fees Jul. 16 LATE PAYMENT FEE $40.00 TOTAL FEES FOR THIS PERIOD $40.00 (Iransactions continued on next page) Nance: SEE REVERSE SIDE FOR IMPORTANI INFORMAIION INQUDE THIS PORTION WITH YOUR PAYMENT MADE PAYABLE TO TARGET CARD ERVBES Account Number Ending in 2606 Account Identificalion Number -2034 $2,520.42 Minimum Payment Due $2,520.42 NEW PHONE, HOME OR E-MAIL ADDRESS” PLEASE UPDATE ON REVERSE SIDE. OFFICE COPY TARGET CARD SERVICES P.O. BOX 660170 DALLAS TX 75266-0170 Payment Due Date Amount Enclosed s August 19, 2020 SANIATA R MELCHOR 384 E HEDDING ST SAN JOSE CA 95112-2957 VARGEW *ooooo* REDcard Ending in: 2606 Account Identification Number:_2034 Statement Closing Date: July 19, 2020 SANIATA R MELCHOR Page 2 of 2 Tran sactions (cont) 2020 Totals Year-to-Date Total fees charged in 2020 $279.00 Total interest charged in 2020 $264.30 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. Balance Subject tn Type nf Balance Annual Percentage Rate (APR) Interest Rate Interest Charge Purchases 0.00% $0.00 $0.00 There is a Minimum Charge of $1.00 for any billing period in which an interest charge is imposed. Special Announcements and Exclusive Offers Go Paperless and more! Go paperless, easily make payments. and set up alerts for your account with Manage My REDcard! Enroll today at Target.comlmyREDcard. 62072034
