Default PendingCal. Super. - 6th Dist.April 19, 2021DocuSign Envelope ID:44134335-60A44F87-A923-E5A12AE00306 0n 10/21/2021 12:05 PM Reviewed By: D Harris Envelope: 751 1265 ClV-105 ArrORNEY 0R PARTY wrrHOUT ArmRNEY: STATE aAR no; NAME: FLINT c ZIDE, SBN 160369 / JACOB P. WILSON, SBN 331448 FOR COURT "SE 0"” LAw OFFICE 0F HARRIS & ZIDE FIRM NAME: STREET ADDRESS: 1445 HUNTINGTON DRIVE, SUITE 300 CITYI SOUTH PASADENA STATE CA ZIP CODE 91030 TELEPHONE Mo; 626-799-8444 FAX Mo; 626-799-8419 E-MAILADDRESS; ArrORNEY FOR (name): PLAINTIFF SUPERIOR COURT OF CALIFORNIA. COUNTY OF SANTA CLARA STREET ADDRE3S3 191 NORTH iST STREET MAILING ADDRESS: CITYAND ZIP CODE: San Jose CA 95113 BRANCH NAME: SAN JOSE COURTHOUSE PlaintififPe‘litionerZ JEFFERSON CAPITAL SYSTEMS, LLC DefendanURespondent: JAN ET L CORNELL CASE NUMBER: REQUEST FOR (Application) Entry of Default Judgment 21cv381314 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 (dare): April 19, 2021 b_ bymame); JEFFERSON CAPITALSYSTEM5,LLC c. Enter default of defendant (names): JANET L CORNELL d. I request a judgment under Civil Code section 1788.60 and Code of Civil Procedure section 585 against defendant {names}: JANET L CORNELL {Testimony may be required. Check with the clerk regarding whethera hearing date is needed.) e. E Defaultwas previously entered on (date): 2. Judgment to be entered. Amount Credits acknowledged Balance a. Demand ofcomplaint‘ $ $1,281-32 $ $.00 $ $1,281.32 b. Interest $ $.00 $ $.00 $ $.00 c. Costs (see page 3) $ $298.50 $ $ $298.50 d. Attorney fees $ $ $ e. TOTALS $ $1,579.82 $ $.00 $ $1,579.82 (* Must be established by business records, authenticated through a swam declaration, submitted with this application. (Civ. Coda, §§ 1788.58(a)(4), 1788.60(a).)) 3. This action is not barred by the applicable statute of limitations (Civ. Code, § 1788.56). Requirements for the complaint. 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 undeflying 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 Ihe 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 reasonably identify the charge-off creditor. and the charge-off creditor’s account number associated with the debt: Page 1 of a F ' ' . ;mmm“ REQUESTFORENTRY OFDEFAULT ”:53“ cw-ms [Rav.January 1. 2020] (Fair Debt Buying Practices Act) mmmmmguv TA048070 DocuSign Envelope ID: 44134335-60A4-4F87-A92B-E5A12AECOBOG CIV-1 05 Plaintiff/Petitioner: JEFFERSON CAPITAL SYSTEMS, LLC CASE NUMBER: Defandanthespondent JAN ET L CORN ELL 21CV381314 4. a. (7) The name and last known address of the debtor as they appeared in the charga-ofi creditor's records prior to the sale of the debt: (8) The names and addresses of all 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 1788.52. b. A copy of the contract or other document described in Civil Code section 1788520)) is attached to the complaint. 5. Documentation requirements for default judgment. 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 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 balance at charge-off, and an explanation of the amou nt 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 default OR the date of the last payment; (4} The name and address of the charge-off creditor at H19 time of charga-off in sufficient form so as to reasonably identify the charge-off creditor, and the charge-off 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 crediior's records prior to the sale of the debt; and (6) The names and addresses of all 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. DocuSigned by: Date: 10/19/2021 CFLINT C' Zl DE ’ D8746055DB42493... (TYPE 0R PRINT NAME) (SIGNATURE 0F PLAINTIFF 0R A'I'I'ORNEY FOR PLAINTIFF) FOR COURT (1) E 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 unlawful detainer assistant (Bus. & Prof. Code, § 6400 et seq.). A legal document assistant or unlawful detainer assistantE 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.: b. Street address. city, and zip code: d County of registration: e. Registration no.: f. Expires on (date): 7. Declaration under Code Civ. Proc., § 585.5 (for entry ofdefauft under Code Civ. Prac., § 585(8)). This action a. E is is not on a oontraci or insiallment sale for goods or services subject to Civ. Code, § 1801 at seq. (Unmh Act). b. E is is not 0n a conditional sales contract subject to Civ. Code, § 2981 et seq. (Rees-Levering Motor Vehicle Sales and Finance Act). c. m is E is not on an obligation for goods, services. loans, or extensions of credit subject to Code Civ. Proc., § 395(b). CW4“ lReV-Januaw 1- 202°] REQUEST FOR ENTRY OF DEFAULT P39” M3 (Falr Debt Buying Practices Act) DocuSign Envelope ID: 44134335-60A4-4F87-A92B-E5A12AECOBOG CIV-1 05 Plaintiff/Petitioner: JEFFERSON CAPITAL SYSTEMS, LLC CASE NUMBER DefendantfRespondent: JANET L CORNELL 21CV381314 8. Declaration of mailing (Code Civ. Proc., § 537). A copy of this Request for Entry of Default was a. E not mailed to the following defendants, whose addresses are unknown to plaintiff or plaintiff‘s attorney (names): b. mailed first-class, 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 follows: (1) Mailed on (date): 10/19/2021 (2) To (specify names and addresses shown on the enveiopes): JANET L CORNELL 1394 MOONLIGHT CIR, MILPITAS CA 95035-6224 I declare under penalty of perjury under the laws of the State of California that the foregoing items 6, 7, and 8 are true and correct. Date: 10/19/2021 DocuSigned by: JAMES KIRKPATRICK ’ 9dMfi$ K7?K73d7?75K UVPEOR PRINT NAME) k FDAE37229A244§AGNATURE 0F DECLARANT) 9. Declaration of nonmilitary status (required fora judgment). No defendant named in item 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. § 391 1 (2), or California Military and Veterans Code sections 400 and 402m. 1D. Memorandum of costs (required ifmoneyjudgment requested). Costs and disbursements are as follows (Code Civ. Proc., § 1033.5): a. Clerk's filing fees .............................................. $ $225.00 b. Process server's fees ........................................ $ $73.50 c. Other (specify): $ d. $ e. TOTAL ............................................................. $ $298.50 f. E Costs and disbursements are waived. ‘P | am the attorney, agent, or party who claims these costs. To the best of my knowiedge and belief this memorandum of costs is correct and these costs were necessarily incurred in this case. ldeclare under penalty of perjury under the laws of the State of California that the foregoing items 9 and 10 are true and correct. DocuSigned by: Date: 10/19/2021 CFLI NT C. ZIDE ’ 087460550342493.., rrYPEOR PRINT NAME) (SIGNATURE 0F DECLARANT) cmos [Rem Jammy 1, 20201 REQUEST FOR ENTRY OF DEFAULT ”‘9' 3°” (Fair Debt Buying Practices Act}
