Declaration CCP 1033Cal. Super. - 6th Dist.May 4, 202121 CV381 376 Santa Clara - Civil D Harris Electronically Filed 1 CHRISTINA ARNOLD, State Bar No.: 297590 by Superior Court of CA, HYO JIN JULIA JUNG, State Bar No.: 316090 County of Santa Clara, 2 MELINE GRIGORYAN, State Bar No.: 321 133 on 8/1 3/2021 2:22 pM 3 ABRIL F. SAGLIO-RUIZ, State Bar No.: 299586 Case #21 cv381 376 350 CAMINO DE LA REINA SUITE 1004 ’ - SAN DIEGO, CA 92108 Envelope. 7060401 5 Telephone: (866) 300-8750 Facsimile: (858) 309-1588 6 Attorneys for Plaintiff 7 8 SUPERIOR COURT OF CALIFORNIA 9 COUNTY OF SANTA CLARA 10 DOWNTOWN SUPERIOR COURT 11 MIDLAND CREDIT MANAGEMENT, INC. Case No_ Zlcvg81376 12 Plaintiff, 13 VS DECLARATION RE: ' CODE 0F CIVIL PROCEDURE § 1033; MARK S OVERSON; INTEREST; AND Defendant, EVIDENCE CODE § 1550 H KI] I, the undersigned, declare and state as follows: 1. I am the attorney of record for plaintiff MIDLAND CREDIT MANAGEMENT, INC. I-AH Q0 ("Plaintiff') in the above entitled action. To the extent that Plaintiff acts in its capacity as 1...; mAny in formation obtained will be used fur that purpose. fl .p successor in interest to the original creditor or its assigns, references herein to Plaintiff may Please understand this communication is fram a debt collector. This is an attempt tn collect a debt. 19 include Plaintiff‘s predecessor in interest. If called to testify, I could and would competently testify as 20 to all the facts stated in this declaration, except as to those matters testified to upon information and 21 belief, and as to those matters, I believe them t0 be true. 22 2. I am an attorney and an employee of Midland Credit Management, Inc. ("MCM"), the 23 servicer of Plaintiff‘s account. Ihave access to and have reviewed the electronic records pertaining to the 24 account and am authorized to make this affidavit on Plaintiffs behalf. The electronic records reviewed consist of data acquired from the seller when Plaintiff purchased the account, together with records 25 generated in connection with servicing the account since the day the account was purchased by Plaintiff. 26 In addition, I reviewed the documents that are attached to this affidavit. 27 28 -1- DECLARATION RE CODE OF CIVIL PROCEDURE; INTEREST; AND EVIDENCE CODE CA_0321G File No.: 20-60436 JUD 1 3. Plaintiff is precluded from filing this case in Small Claims Court per Code of Civil 2 Procedure § 116.420(a). 3 4. The complaint seeks to recover amounts owed by Defendant MARK S OVERSON ("Defendant"). The underlying account that is the basis of the instant lawsuit is a credit account that 4 Defendant held with creditor CAPITAL ONE BANK (USA), N.A., account number: 5 XXXXXXXXXXXX-8353 (the "Account"). g 6 5. Prior to filing this complaint, all right, title and interest to the Account was sold and g 7 assigned to Plaintiff. Plaintiff owns the Account and stands in the place of the original creditor and is E 8 entitled to collect on the Account as if it were the original creditor. Additionally, as owner of the E 9 Account, Plaintiff can testify to ownership of the Account and the fact that the debt remains unpaid by E E 10 Defendant. 2: g 11 6. Upon my review of the Plaintiff’s records as they pertain to Defendant’s account, there g E were previous transactions between the original creditor and Defendant. Defendant agreed to repay the :3: 12 amount due to the original creditor, and there was a valid assignment of the account from the original g g 13 creditor to Plaintiff. By using the Account, Defendant expressly agreed or impliedly promised to repay E E 14 Plaintiff. 5% 15 7. Prior to the commencement of this action, as part of our usual course of business, and E E 16 pursuant to Code of Civil Procedure § 1033(b)(2), Defendant was notified in writing of the intended legal E é 17 action and that any judgment entered against the Defendant would include attorney's fees and collections E jg costs. A true and correct copy of the letter sent to Defendant is attached hereto as "Exhibit A". é :‘E 18 8. When Defendant failed to pay the balance due, Plaintiff filed and served the Complaint in E 19 this action. Defendant was served with the complaint on May 30, 2021. A proof of service was filed with g 20 the court. E 21 9. I am informed that Defendant has failed t0 answer or otherwise defend as t0 Plaintiffs g 22 complaint within the time allowed by law, and therefore the allegations of the complaint are deemed 23 admitted by law. 24 10. Plaintiff seeks entry of Defendant's default and judgment as set forth in the Request for 25 Entry of Default Judgment, Judicial Council for 982 (a)(6) filed with this Declaration. 26 27 28 _2_ DECLARATION RE CODE OF CIVIL PROCEDURE; INTEREST; AND EVIDENCE CODE CA_0321G File No.2 20-60436 JUD 1 11. Filed as part of this default judgment packet is an affidavit pursuant to Code of Civil 2 Procedure section 585. The affidavit and its attached exhibits establish the account and the obligation. 3 COSTS AND FEES 4 12. Pursuant t0 Code of Civil Procedure § 1033(b)(2), Plaintiff is entitled to recover the _ 5 actual costs of a filing fee and the actual costs of service of process. B 5'5 6 13. It is the normal business and procedure of Plaintiff to microfilm, image or store as m E 7 electronic media all documents provided by Plaintiff’s predecessor-in-interest. The records are E g g microfilmed, imaged or stored as electronic media to facilitate storage and are maintained as part of E 9 Plaintiff’s regular business practice and procedure. Therefore, Plaintiff requests that all copies 0f 1:1 , E g 10 documents produced as part of this default judgment packet, including any affidavits and any documents ~ fi. Z: a attached thereto, be accepted in lieu of the original pursuant to Evidence Code § 1550.= E 11 :fi I declare under penalty of perjury under the laws of California that the foregoing is true and a e E g 12 correct. E B E 14 Date July 19>? MIDLAND CREDIT MANAGEMENT, INC. E E E g 15 s 2 3% 16 By: 35 17 HUL 30 .4 DHYO JINJULIAJUNG 5 E w 2023 D MELINE GRIGORYAN .3 g 18 EHRISTINA ARNOLD ‘2‘ 19 ICHAEL D. KAHN g D ABRIL F. SAGLIO-RUIZ g 20 E 21 2 “L 22 23 24 25 26 27 28 _3~ DECLARATION RE CODE OF CIVIL PROCEDURE; INTEREST; AND EVIDENCE CODE CA_0321G File No.2 20-60436 EXHIBIT A AA_01 25 File No.2 20-60436 M IDLAND CR EDIT MANAGEMENT Our Client: Midland Credit Management, Inc. LEGAL COLLECTIO NS DEPARTM ENT Original Creditor: CAPITAL one BANK (USA), NA. _ I ' ' ‘ Original Account No.: XXXXXXXXXXXX8353 M'dlandcred't'com Current Balance: $6,845.98 (877)-893-5001 Internal Legal Account No.: 20-60436 Jack H. Pogoslan, State Bar No. 305741 Christina Arnold, State Bar No. 297590 II'I' o: . . r3 Hyo lln Julia Jung, State Bar Nu. 316090 Mark S overson Meline Grigoryan, State Bar No. 321133 P1 72° 7S Tlmber Cove Dr Manasi Tahiliani, State Bar No. 272821 Campbell, CA 95008-4124 Carolina PInheiro, State Bar No. 259875 II'lllllII‘lllllilI:IllllIllll"I“I'IIIIlllul'lllull'lllllllll Nicho‘ Alan De Guzman, State gar N0. 314989 03/17/2021 REF: CAPITAL ONE BANK (USA), N.A. Original Account Number: XXXXXXXXXXXX8353 Dear Mark S Overson, As attorneys with Midland Credit Management, Inc. legal department, we are contacting you regarding the collection of the above balance. Your CAPITAL ONE BANK (USA), N.A. Account, owned by Midland Credit Management, |nc., has now been transferred to our legal collections department due to non-payment. We are currently reviewing documentation (including the attached documents) in preparation for filing a lawsuit against you. Demand ls hereby made upon you for the above payment IN FULL-this Is the amount due on your orlgmal obligation when transferred to our department. Please send payment Made Payable to Midland Credit Management, Inc. by 03/27/2021. You may also make a payment online at MidlandCredit.com. If we do not receive payment IN FU LL by 03/27/202 1, we intend to file a lawsuit against you, seeking entry ofjudgment for your account‘s outstanding balance as well as any incurred and recoverable court costs. We intend to continue our collection efforts through various post-judgment remedies available under your state’s laws if a judgment is obtained against you. If you are unable to pay in full by 03/27/2021 please contact our office at (877)-898-5001 to discuss affordable repayment options. Your prompt attention Es necessary to avoid a lawsuit. Please call (877)-898-5001 no later than 03/27/2021. You may also make a payment online at MidlandCredit.com. Sincerely, Attorneys for Midland Credit Management, lnc. P.S. Attached are copies of some of the documents we received from the original creditor regarding this account. When your account has been paid, and if data reIated to the account is still being furnished to the consumer reporting agencies, a request wil! be made of the three major consumer reporting agencies to report the Midland Credit Management, Inc. trade line related to the above referenced account as paid. 004840 Wsit Us Online @IE... P.O. Box 2121 Warren, Ml 48090 MiglandCreditLom Call (877)-898-5001 Hours of Operation: M - Fri: 8:003m - 7:309m EST Sat: Closed Sun: Closed _______________'3':_E_‘§§_E_ .SEEEE_Y§_R_S_§§'B_E_?9" 'MPOBTANTP'SCLOSHHE '"FOEMAFQN. - _ -_ _ __ - _ _ _ _ _ _ -- _ _ _ _ _ - - -____ __ Please tear ofand return lower pahl-‘OE WitFpa-fméfit- 7n- Efie- engéiabE‘p-r-oviaea PAYM ENT *CERTI FlCATE Internal Legal Account Number: 20-60436 Payment Options: Original Account Number: XXXXXXXXXXXX8353 1) pay by phone; (377)_393-5001 current Balance: 55345-98 2) Mail in this certificate with your payment and Amount “Closed: 5-- make check payable to: Midland Credit Mark s Overson Management, Inc. 75 Timber Cove Dr Campbell, CA 95008-4124 A i-63‘3- P.0. Box 2121 Warren, Ml 48090 0103000004840 - 0000 0000 PRE_002 GL_0702G 20-60436 IMPORTANT DISCLOSURE INFORMATION: Please understand this is a communication from a debt collector. This is an attempt to collect a debt. Any information obtained will be used for that purpose. Calls to and/or from this company may be monitored or recorded. MAIL PAYMENTS TO: P.O. BOX 2121 Warren, MI 48090 MAIL COBRESEONDENCE l0: P.O. Box 2121, Warren, Ml 48090 We are required under state law to notify consumers of the following additional rights. This list does not contain a complete list of the rights consumers have under applicable law: IF YOU LIVE IN CALIFORNIA, THIS APPLIES TO YOU: California Code of Civil Procedure §1033(b)(2) requires us to notify you that in the event of legal proceedings, such legal proceedings could result in a judgment against you that could include court costs and necessary disbursements under applicable law, if Midland Credit Management, Inc. is found to be legally entitled to the same. PRE_002 GL_0702G 20-60436 Payment Information For onEine and phone payments. the deadline is 8pm ET. Payment Due Date PAST DUE New Balance $6,845.98 Minimum Payment Due $6,845.98 1MPORTANT ACCOU NT U PDATES: and help pay off your debt faster. The amount you owe may differ if you‘ve entered into a separate payment agreement. Your fufl balance is due. Any payment you make wiil reduce your ba!ance Page 1 of 3 visa Signature Account Ending in 8353 May 13. 2019 Jun. 12. 2019 i 31 days ln Blliing Cycle "-- ’ Account Summary Previous Balance $6,701.36 Payments $0.00 fiery“; _ _ _ __Am Transactions + $0.00 Cash Advances + $0.00 urge: _ __F __ 2°03 Interest Charged _ f $144.62 New Balance = $6,845.98 Available Credit {as 9f Jun. 12. 2019) _ __ N/A -- 300079 Caplfa/IOng° Account Notifications ® Welcome to your account notifications. Check back here each month for important updates about your account. Pay or manage your account on our mobile app 0r at vmwcariiaiane 5-3111 Customer Service: 1-800-258-9319 See reverse for Important InformationW Please send us this portion of your statement and only one check (o: one money ordel) to r -milago 13' ensure your payment is processed promptly. Allow at least seven business days fur delivery. @0030 Payment Due Date: Past Due Account Ending in 8353 Minimum Payment Due $6,845.98 $ New Balance $6,845.98 HARK S OVERSON H705 BLUEBERRY CT SE LACEY: lllA 18503-5550 Amou nt Enclnsed Capltyom‘ Capital One P-Ov Box 59553 City af Industryu CA fil7Lh-05fi5 I"l'I"'||I'III'I-I|'IIIl'I-IIn'I'-'l"IIIII|"|I'|I"'I'I'|III 1 8353 12 6845980166006845988 0203000004540 0000 0000 GL_0702G 20-60436 How can lAvold Pam‘ng Interest Cha_rge§? Ifyou pay your statement's New Balance in full by lhe due date. we MI! not charge you interest on any new transacfions that post lo the purchase segment. If you have been paying your account in full with no Interest Charges, but then you do not pay your next New Baiance in full, we wit! malge intelest on the portion of the balance lha! you dd not pay. For Cash Advances and Special Transfers. we will start chaxging Interest on the transaction date. Certain promotional offers may allow you to pay less than the total New Balance and avoid paying Interest Charges on new purchases. Please refer to the front of your siatsmenl for additionat information. ng lg'ghg 1mm ghgrgg ggglled‘l Interest Charges accrue from the date o! the transadion or [he first day of the Bifling Cycle. Interest Charges acme on every unpaid amount until it is paid in lull. This means you may owe Interest Charges even ifyou pay me entire New Balance for one Billing Cyde, but did no! do so the previous Biuing Cycle. Unpaid Interest Charges are added to the corresponding segmeni of your account u 'nim nter Chat We may assess a minimum Interest Charge of $0.50 for each ailing Cyde fl your account is subject tn an Interest Charge. H_o_w d9 ygu Calggfate thg Integt Chaggz We use a method called Average Daify Balance (including new transactions). 1.Firsl, fot each segment we take the beginning balance each day and add in new nansacfions and the periodic Interest Charge on lbs previous day’s balance. Then we subtract any payments and cream for that segment as of that day. The result ls the daily bahnce for each segment. However. i! your previous statement balance was zero o! a aedn amount, new uansactions which post lo your purchase segment are not added to the dafly balance. 24 Next, for each segment, we add the dafly balances together and divide me sum by the number of days in the Billing Cycle. me resuh is lhe Average Daily Balance for each segment. S.AI the end of each Billing Cycle. we mulfiply your Avmge Dafly Balance for each segment by the deity periodic rate (APR divided by 365) for mat segment, and then we mulfipiy the result by the number of days in the Billing Cycle. We add the Intetesl Charges for afl segments togemer. The resun is your Iota! Interest marge f0! [ha Bilfing Cycle. The Average Daily Balance is referred to as the Balance Subject lo Interest Rale in the lnletest Charge Calculation section ol’ this Statement NOTE: Due lo munding or a minimum lnleresI Charge. this calculation may vary slightly from the Interest Charge actuafly assused. How can m1 Variable APR change? Your APRs may inctease o: decrease based on nne of the following 'mdicas (reported in The Wall Sheet Journal ). The letter code below corresponds with me lener next to your APR: in the Interest Charge Calculation section o! this gtatemeng. Code next tn How do we calculate your When your ”R(s) will change i P Prime Rate + margin The first day of the Billing Cycles mat L 3 month LIBOR + margin end'in Jam. April. July. and Oct. D Prime Raie + margin The first day of each Billing Cycle. F I momh LIBOR + margin fl QnTAvold Mmbershlp figs: If a Renewal Notice 1s pnnled on this statement. you may avoid paying an annual membership Fee by cumming Customer Service no later than 45'days after the last day in the Billing Cycle covered by this statement to request mat we close your account To avoid paying a monthly membership Fee. close your account and we will slop assessing your mommy membership Fee. How gan I Close My Account? You an contact Customer Service anytime to request that we dose your account 001 flow do you Process Pawns; When you make a payment. you authorize us to initiaie an ACH o: electronic payment [hat will be debited from your bank account or other related amounl. When you provide a check or meek infomafion tn make a payment. you authorize us to use iniormalion from me chad lo make a one-tima ACH or other electronic transfer from your bank accounl. We may also process it as a cheat transaction. Funds may be withdraw from your bank account as soon as me same day we process your payment. How do ou I Pa m? We generally apply payments up lo your Minimum Payment fits! to lhe baiance with the lowesl APR Gncludéng 0% APR), and then lo balances with higher APRs. We apply any part o! yourpaymem exceeding your Mlnlmum Payment lo the balance wilh {he highest APR. and men lo bafances wilh lower APRs. Bilflng Righfi Symmgg {DE n91 Aggy 19 gm" §g§ing§ Amggg) What To Do "You Think You Find A Misuke On Your Statement : lfyou think [here is an error on your slammem. write lo us at: Cap'flal One P.O. Box 30285 Salt Lake City, UT 34130-0285. In you: leltar. give us lhe following inlonnafion: o Account information: Yam name and account number. o Dollar amount: The dollar amount of the suspected emf. - Description ol Probkem: ll you think there is an error on your bill, describe what you belleve ls wrong and why you believe it is a mistake. You must comm us wilhln 60 days afler the arror appeared on your shipment. You mus! nolily us o! any potential enors in writing. You may call us or notify us electmnically, but if you do we ate not [equimd lo investigate any potential errors and you may have lo pay lhe amoum in question. We will nofiiy you in writing within 30 days oi out receipt o! your letter. Whfle we investigate whether or not mare has been an error. the following are hue: o We cannot try to collect 1he amotml in question, or repon you as delinquent on that amount. The dmatge in question may remain on you: statement. and we may continue lo charge yw interest on that amount But, i1 we determine [hat we made a mistake. you will not have lo pay the amount in question or any interesi or other fees relaied lo that amount. - While you do not have lo pay‘ the amount In question untilwa send you a notice about the outcome n! our investigation, you are responsible for the remainder o! your baiance. - We can apply any unpaid amount agafnst your credit iimiL \Mthin 90 days of our receipt of your lever. we will send you a written noise explaining either lhal we corrected the error (to appear on your next slalemem) or the :easons we believe lhe bill is correct. Ya ur Rights IfYou Ala Dissatisfied With Your Purchase: ll you are dissafisfied with the goods or services lhal you have purchased with yam credil card. and you have flied in good faith Io correct Ihe problem with the merchant. you may have the right no! lo pay the remaining amounl due on lhe purchase. To use 1his right [he following must be flue: 1) You must have used your uedil card for the purchase. Purchases made with cash advances fmm an ATM or wIth a check mat accesses your cledil ward account do not quamy: and 2) You must not yet hava fully paid fol the purchase. If all o! the ctizeria above are met and you are still dissatisfied with the purchase. oomacl us in writing al: capilal One. P.o. Box 30255, Sal: Lake City, UT 84130-0255. Whfle we investigate. lhe same rules apply to the disputed amount as discussed above. Alter we finish our invesljgafiun, we wfll tell you our decision. Al that point. ifwa think you owe an amount and you do nu pay we may vapor! you as delinquent. ETc-OB © 2016 Capital One. Capital One is a federally regisiered service mark moms WM? You may make your payment in several ways:Chan in Mailin Address? 1 om Baum Wagingmywrmm :23: Change your address by 5'9an mm you“mm0mm or calling cusmmfir 2. Capital One Mobile Banking app for approved electrogic davioea ~ I 3. Callsng Ihe telephone number llsled on the fmntof lhxs smement and promdlng 1he required payment information; 4. Sending mail payments to the address on the front of this statement with the paymenl coupon 0r your account infcrmationPay oniine at www.capitalonemm When will ou Cre l P m? a For mobile. online or over the phone, as of Due business day we receive iL as long as i1 is made by 8 pm. ET. - Fot mail. as of lhe business day we receive it,'as long as i1 ls received by 5 p.m. loca! lime al our processing center. You must send the bauom porfion of this sQatemeni and your check Io me payment address on the front of this 513!an Please aHow at least seven (7) business days lnr mail delivery. Mailed payments received by us at any other locafion or payments in any other fotm may not be credited as o! the day we receive them. Pay using our mobile app Any written requesis on lhis form will not be honored. To manage your account. please refe: to your bflling statement for customer service opfions. GL_0702G 20-60436 .. . = MARK S OVERSON #8353: Payments, Credits and Adjustments Date Description Amount MARK 5 DVERSOH #8353: Transactions Date Description Amount I- =- Date Descrintion Amount Total Fees tor This Period $0.00 Interest Charge on Purchases $144.62 Interest Charge on Cash Advances $000 Interest Charge on Other Balances $0.00 Total Interest fur This Period $144.62 Total Fees charged $49.00 Total Interest charged $805.15 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. Tyne o! Annual Petcentage Balance Suhlect Interest Charge Balance RaletAPR) to Interest Rate Purchases 25. 15% P $6.77 l .07 $ 144.62 Cash Advances 27. l 5% P $0.00 $0.00 P.L,D,F = Variable Rate. See reverse of page l for details. GL_0702G 20-60436 Page 2 of 3 Visa Signature Account Ending in 8353 May 13. 2019 - Jun. l2. 2019 i 31 days In Billing Cycle 300079”‘3 Capita/lflné