DeclarationCal. Super. - 6th Dist.May 4, 2021KOOOQQ 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 21 CV381 358 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 7/1 9/2021 12:55 AM 250 N. Sunnyslope Road, Suite 300 Reviewed By: D Harris Telephone: (877) 215-2552 _ Facsimile: (877) 396-4464 Envelope- 6871 163 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.: 21CV381358 ATTORNEY DECLARATION RE: CASE SUMMARY, COSTS (CODE OF CIVIL PROCEDURE §1033), AND EVIDENCE CODE §1550 Plaintiff, vs. SILVERIO R TAMAYO, 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, N.A. (“Plaintiff’) is seeking t0 recover from Defendant SILVERIO R TAMAYO (“Defendant”) the past-due balance 0n a credit card account ending in ************1 155, 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 $2,099.38, plus court costs 0f $225.00, service fees 0f $85.00, and e-filing fees of $17.90 for a total sum due of $2,427.28. 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), Aflfim EVIDENCE CODE §1550 KOOOQQ 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 t0 satisfy the outstanding balance due. Plaintiffhas duly performed all promises, conditions, and agreements 0n its part t0 be performed. 14. I am informed that Defendant has failed t0 answer 0r defend Plaintiff's complaint Within the time allowed by law, and therefore, the allegations 0f the complaint are to be admitted. 15. As of the date 0f this default request, there is due and owing the unpaid sum 0f $2,427.28. 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 0f $2,427.28, which includes the principal amount 0f $2,099.38, 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 t0 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 ofperjury under the laws 0f the State 0f California that the foregoing is true and correct. DATED: 07/15/2021 RAUSCH STURM LLPWW Chfisfine Siduguen Attorneys for Plaintiff 3 ATTORNEY DECLARATION RE: CASE SUMMARY, COSTS (CODE 0F CIVIL PROCEDURE §1033), Aflfim 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 4210531 250 N. SUNNYSLOPE ROAD, SUITE 300 BROOKFIELD WI 53005 SILVERIO R TAMAYO PO BOX 32503 SAN JOSE CA 95 1 52-2503 LCANIS Our File No. 4210531 RAUSCH STURM ATTORNEYS AT LAw 250 N. SUNNVSLOPE ROAD. SUITE 300 BROOKFIELD WI 53005 CT LICENSE N05. IOBQ | | O: I606669; | 942762 COLORADO ADDRESS: NYC LICENSE Nos. 208564| ; 208 | 3 | O: 208 | 3| I: 5500 S. QUEBEC ST.. STE. 260 208 I 3 I 3; 2093070 GREENWOOD VILLAGE CO SOI I I YONKERS LICENSE NOS. IOZOQ: IOEI | ; IOZ l O; |0257; |O347 BUFFALO LICENSE NO. CAG | 9' | 0049866 TOLL FREE: (877) 2 | 5-2552 TI'Y: 7| | NORTH CAROLINA PERMrr Nos. FAx: (B77) 396-4464 I I 4083 (WI OFFICE); I I 4084 (CO OFFICE) LAWFIRMCA@RSIEH.COM WWWVRAUSCHSTURM.COM Houns 0F oPERA‘rION: M-TH BAM-BPM; F BAM-SPM CST April 8, 2021 SILVERIO R TAMAYO PO BOX 32503 SAN JOSE CA 951 52-2503 Re: SILVERIO R TAMAYO Creditor t0 Whom the Debt is Owed: TD Bank USA, N.A. Account N0.: ************ 1 155 Target credit card account Our File Number: 4210531 Account Balance: $2,099.38 Dear SILVERIO R TAMAYO: 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 1. Please be advised that ifwe do not obtain payment 0r otherwise reach a satisfactory resolution of 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 0f 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 t0 the same. Please give this matter your prompt attention and contact our office toll-free at (877) 215-2552 TTY: 71 1. Sincerely, RAUSCH STURM 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. |||||||||||||||||||||||||I||||||||||I|||| - LCANIS G1 22220 LCANIS Our File No. 4210531 KOOOQQ 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT 2 4210531 'I’A RGE'I'o *00000" REDcard Ending in: 1155 Account Identification Number:_0161 Statement Closing Dale: December 5, 2020 SILVERIO R TAMAYO Page 1 of2 Summary of Account Activity Payment Information Previous Balance $2,059.38 New Balance $2,099.38 Payments and Other CrediS -$0.00 Minimum Payment Due $2,099.38 Purchases and Other Debils +$0.00 Past Due Amount $59300 Payment Due Date 11512021 F995 Charge‘j +$4o-oo If you would like information about credit counseling services, Interest Charged +5030 can 1-500-991-8433. New Balance $2,099.38 esti Credit Limit $0.00 rortqu t Ions, andaddres: changeITr u.) report a Available Credit $0.00 OS OI' S 0 en cal' , go 0n Il'le 0r Ga U5. Statement Closing Date 12/5/2020 Manage My REDcard Target.com/myREDcard Days in Billing Cycle 30 Target Card Services 1-800-659-2396 TDD/TDY 1-800-347-5842 Outside the U.S. 1-612-307-8622 (Call Collect) Calling will not preserve your billing-ermr rights Important Messages 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.com/myRedCard to learn more. Your account has been charged off. This is your final statement. New York City Residents: Please call us at 800-757- 0094 to record your language preference. Tran sactions Trans Date Description of Transaction or Credit Location Amount Payments And Other Credits No payments or credils were received last month. (lransacfions continued on next page) NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION INQUDE THIS PORTION WITH YOUR PAYMENT MADE PAYABLE TO TARGET CARD ERVDES Account Number Ending in 1 155 Account Identificalion Number -0161 TARGETo New Balance $2,099.38 Minimum Payment Due $2,099.33 Payment Due Date January 5, 2021 NEW PHONE, HOME 0R Amount Eigfiggfggrfrsssw TARGET CARD SERVICES Enc'osed s REVERSE S'DE' P.O. BOX 660170 OFFICE copy DALLAS TX 75256-0170 II'II'III'II"III'||-"|"'|"I'IIII"III-III'I"|"'|'|IIII'||I' SILVERIO R TAMAYO PO BOX 32503 SAN JOSE CA 95152-2503 IIIIIIIIIIIIIIIIIIIIIIIIIIII'llIIIIIIIIIIIIIIIIIIIIIIIIllllllllll - - 'I’A RGE'I'o *OOOOO* REDcard Ending in: 1155 Account Identification Number:_0161 Statement Closing Dale: December 5, 2020 SILVERIO R TAMAYO Page 2 of2 Tran sactions (cont) Trans Date Description of Transaction or Credit Location Amount Fees Dec. 2 LATE PAYMENT FEE $40.00 TOTAL FEES FOR THIS PERIOD $40.00 2020 Totals Year-to-Date Total fees charged in 2020 $m.00 Total interest charged in 2020 $355.59 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. Balance Subject In Type of 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. 62140161
