Declaration CCP 585Cal. Super. - 6th Dist.May 4, 202110 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 21CV381516 Santa Clara - Civil Erin E. Patterson, SBN 262285 Jason W. Tang, SBN 3 14337 Patrick J. Layman, SBN 59643 Thomas J. Sebourn, SBN 279272 Nicholas J. Babilis, SBN 291676 Carina M. Jordan, SBN 302099 Shane T. Wate, SBN 302738 Suttell & Hammer, APC P.O. Box C-90006 Bellevue, WA 98009 Tel: (425) 455-8220/(888) 788-8355 Facsimile: (425) 453-3239 Attorneys for Plaintiff s/h 774853.001 Electronically Filed by Superior Court of CA, County of Santa Clara, on 10/12/2021 11:01 AM Reviewed By: A. Villanue Case #21CV381516 Envelope: 7443834 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA Case No.: 21CV381516 DECLARATION IN SUPPORT OF ENTRY Plaintiff, 0F JUDGMENT CCP § 585 (d) LIMITED CIVIL CASE DISCOVER BANK vs. AMARA PAULINO Defendant. The Declaration is attached hereto and incorporated herein. DECLARATION IN SUPPORT OF ENTRY OF JUDGMENT CCP 585 (d) - 1 SUTI'ELL & HAMMER, APC PO BOX C-90006; BELLEVUE, WA, 98009 888-788-8355/425-453-3239 FAX A. Villanueva V3 ACCOUNT NUMBER: XXXXXXXXXXXX6466 BALANCE: $1,707.56 CARDMEMBER (S): AMARA PAULINO STATE OF OHIO COUNTY OF FRANKLIN Abigail Hewett, personally appeared before me, on this day and after being duly sworn, according to law, and upon my oath and states as follows: I am a Litigation Support Coordinator for DISCOVER PRODUCTS INC., successor by merger to DB SERVICING CORPORATION, the servicing affiliate ofDISCOVER BANK, an FDIC ‘insured Delaware State Bank. DISCOVER PRODUCTS INC. is responsible for, among other things, maintaining account records pertaining to Discover Card accounts and interacting with Discover Card account holders With regard to payments owed on those accounts. This affidavit is made on the basis ofmy personal knowledge and in support of the Plaintiffs suit on account against the Cardmember(s). In my capacity as Litigation Support Coordinator, Ihave knowledge regarding, and access to, records regarding the Discover Card account 0f the above referenced Cardmember(s). DISCOVER PRODUCTS INC. maintains these records in the ordinary course of its business, and the records are updated with information on events (such as charges and payments on the account) by individuals with personal knowledge of those events or by automated processes that track such events at or near the time that the events occur. The same systems that record this information also generate periodic statements that are sent to Discover Cardmember(s), and store copies of these periodic statements. In addition, these same record-keeping systems contain information about which version of Discover Bank’s terms and conditions has been communicated to an account holder and accepted by an account holder through the use of his or her Discover Card after receipt 0f the terms and conditions. Ihave personally inspected the records pertaining to the account of the Cardmember(s), including the last periodic statement sent t0 the Cardmember(s) by DISCOVER PRODUCTS INC, to ascertain the applicable terms and conditions, the balance due on said account and whether the Cardmember(s) have made payments on that balance. According to the records maintained by DISCOVER PRODUCTS INC., Plaintiff is the current owner 0f this receivable and retains all rights to pursue collection from Cardmember(s) for this purpose. According to the records maintained by DISCOVER PRODUCTS INC., during the period of time that account statements were generated, such statements were either provided to the Cardmember(s) electronically 0r mailed to the Cardmember(s) at the address maintained on file during that time period. According to the records maintained by DISCOVER PRODUCTS INC, the last known address associated with the Cardmember(s) is/are: 573 BORREGAS AVE SUNNYVALE, CA 94085-3676 The account is in default because the Cardmember(s) have not paid the amounts due and owing to Discover Bank on the account. The business records maintained by DISCOVER PRODUCTS INC. and described above show that the last payment that Plaintiff received on the Account was posted on 0r about g l3 [QQ . The business records maintained by DISCOVER PRODUCTS INC. and described above show that the Cardmember(s)’ account With Discover Bank at the time 0f default was governed by terms and conditions SUT_PAULIN0_1208525_1.6CA 1.6CA referred to as “terms level 28K.” A true and correct copy of these terms and conditions have been provided to DISCOVER PRODUCTS 1NC.’s counsel in this case. Exhibit A is a true and accurate copy 0f the last periodic statement sent by DISCOVER PRODUCTS INC. to the Cardmember(s), retn'eved from the record-keeping system described above, and shows the amount that is now due and owing Discover Bank 0n the account. DISCOVER PRODUCTS INC. has access to a system of records maintained by the United States Department of Defense, which allows DISCOVER PRODUCTS INC. to ascertain whether a particular person is engaged in active duty in any branch 0f the U.S. military. It is the regular practice ofDISCOVER PRODUCTS INC. to query this system with respect t0 any account holder prior to initiating a collection action against that account holder. DISCOVER PRODUCTS INC. maintains records in the normal course of its business that indicate the results of that query. Based 0n my review of the account records applicable t0 Cardmember(s), to the best of my knowledge and belief the above referenced Cardmember(s) is not engaged in any of the military services of the United States. Plaintiff requests that the Exhibit A attached hereto be accepted in lieu of the original documents. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct t0 the best ofmy knowledge. afl fl VMfiant SUBSCRIBED TO AND SWORN TO before me this /?day of J5 , 2021. ‘ Illlu \x\“‘a|AL ”I; ' 8‘36“ '5' ’I,’ Patrick R Sayers 5* é Notary Public, State of Ohio ll» My Commission Expires / ””In 0,4 7‘ May 30. 20.28, SUT_PAULINO_1 208525_1 .6CA 1.6CA DISCOVER IT® CARD RIDING lN 6466 CARDMEMBER SINCE 2017 Previous Balance $1,635.32 Payments and Credits +$0.00 Purchases +$0.00 Balance Transfers +$0.00 Cash Advances +$0.00 Fees Charged +$40.00 Interest Charged +$32.24 See Interest Charge Calculationsection followingthe Fees and Interest Charged section for detailed APR information Credit Line $1,500 Credit Line Available $0 Cash Advance Credit Line $300 Cash Advance Credit Line Available $0 FICO‘E’ Score 8 based on TransUnion® data:- As op 11/17/20Updated Monthly See Key Factors that help explain your score at Discovemom orvisi’r ourmobile app Detach at perforation above and return with check payable to Discover. Do not fold, clip, staple or send cash. a AMARA PAULINO ' 3% 573 BORREGAS AVE . SUNNYVALE CA 94085-3676 New address, email or phone? Please update on reverse. DISC .VERw New Balance $1,707.56 5641.00 * Includes past due amount of$548.00 Minimum Payment* Payment Due Date 12/18/2020 Late Payment Warning: ifwe do not receive your minimum payment by the date listed above, you may have t0 pay a late fee of up to $40.00. Minimum Payment Warning: lfyou make only the minimum payment each period, you will pay more in interest and it will take longer to pay off your balance. For example: Yea wiil r361; afi‘ the And gnu wiii em} up baiance shawn m} this graying an eafimated gtaiemgm in abmt.“ miaE of“. Ifymx make. rm additignai charges using {his cam and each month yaa pay." Onlythe minimum payment 4 years $2,270 lfyou would like information about credit counselingservices, call us at 1-800-3474 1 21. Notice: See reverse side for important information New Balance $1,707.56 Minimum Payment Due $641.00 Payment Due Date 12/18/2020 $ m, W mwmww.WWW,Mwwwwwmwwwwww Fora faster, eas§er fi Discovemam {1% 180061174683 way t0 pay” ¥ See reverse for payment wt cfftimes. PO BOX 29013 PHOENIX AZ 85038-9013 UDDUDLHBEHSHLL37555H3017U?SEUDUBEDDDUEHLUD DISCOVER |T® CARD ENDING IN 6466 AMARA PAULINO lm portant Information See your CardmemberAgreement. Your CardmemberAgreement contains all the terms ofyourAccount. Lost or Stolen Cards. Report immediately! Call 1-800-347-2683. What To Do lfYou ThinkYou Find A Mistake 0n Your Statement: If you think there is an error on your statement, write to us at Discover, PO Box 30421, Salt Lake City, UT 841 300421, or submit the form provided at https://discover.com/billingerromotice. You must contact us within 60 days afterthe errorappeared on yourstatement. You may call us, but ifyou do we are not required to investigate any potential errors, and you may have to pay the amount in question. The Billing Rights Notice further explainsyourrights. Please see yourCardmemberAgreementorvisit https://discover.com/billingrightsfor a copy ofthis Notice. Payments. You may pay all or part ofyourAccount balance at any time. However, you must pay at least the Minimum Payment Due by the Payment Due Date. Send only yourallowable form ofpayment ("Payment") and the bottom portion ofthis statement in the envelope provided, after affixing postage. Payments sent without proper postage will be returned to the sender. Ifyou pay by check, you authorize us to use information on your check to make an electronic fund transferfrom your account at the financialinstitution indicated on yourcheck orto process the payment as a check transaction. Ifa Paymentis processed as an electronic fund transfer, the transferwill be forthe amount ofthe check, funds may be withdrawn from youraccount as soon as the same day we receive your check, and you will not receiveyour check back. Please do notsend msh. Sendingcash is not allowed. The processing ofyour allowableform ofPayment may be delayed ifyou send cash or correspondence with your Payments, ifyou send the Paymentto any other address, or ifyou use an envelope other than the one provided. Payments received at our processing facility by 5PM local time on any day will be credited to yourAccount as ofthat day. Payments received at our processing facilityafter 5PM local time will be credited to yourAccount as ofthe next day. Ifyou have misplaced yourenvelope, send your Paymentto Discover, P0 Box 6103, Carol Stream, IL 60197-6103. Pleaseallow 7-10 days for delivery. ifyour Paymentis returned unpaid, we reserve the right to resubmit it as an electronic debit. Payments made online or by phone before Midnight Eastern Time on any day except your Statement Closing Date will be credited as of the same day; on your Statement Closing Date, online and phone payments must be made before 5:00 PM Eastern Timeto be credited as of that day. You can also make a Payment or set up automatic payments by calling1-800-347- 2683. Automatic payments for the billing period shown on your statement will be deducted on the Payment Due Date shown on that statement, orthe nextautomatic payment date referred to on your statement, unless you requesta recurringpayment date that occurs before your Payment Due Date. In orderto schedule monthly payments by telephone, you will need this statement and yourbank account information.You will be asked to provide the last four (4) digits ofthe social security numberofthe primaw borrower asyourelectronic signature. By providing those numbers,you will be agreeingto this authorization to allow us and yourbankto deduct each payment you authorize, in the amount selected by you, from your bank account. You also authorize us to initiate debit or credit entriesto your bank account, as applicable, to correct an error in the processing ofsuch payment. You can cancel or modifya payment from your bank account until 5:00 PM Eastern Time on the day such payment is scheduled by calling 1-800~347~2683 or by mail at Discover, P0 Box 30421, Salt Lake City, UT 84130-0421. Same day online or phone payments from bank account made after 5:00 PM Eastern Time may be modified before Midnight Eastern Time ofthat day. Payments from Cashback Bonus cannot be modified or cancelled after being made or scheduled. Ifyour payments may vary in amount,we will tell you on each monthly billing statementwhen your paymentwill be made and how much it will be. You must ensure that sufficientfunds are availablein your bank account, and all transactions must comply with U.S. law. You can set up automatic payments for: (i) statement New Balance, (ii) statement Change ofAddress Page 2 0ro OPEN TO CLOSE DATE: 10/24/2020 - 11/23/2020 Minimum Payment Due, (iii) statement Minimum Payment Due plus a fixed dollar amount, or (iv) other dollar amount. if your scheduled "Other dollar amount" payment is not enough to coverthe Minimum Payment Due as listed on your monthly billing statement, yourscheduled payment forthat month will be increased to cover the Minimum Payment Due. lfthe scheduled payment is greaterthan the Minimum Payment Due, any excess will be applied in accordance with your Cardmember Agreement. Ifyourscheduled payment is greaterthan the New Balance on yourbilling statement,that paymentwill be processed only forthe amountofyour New Balance. Yourautomatic payment amount may be less than the amount indicated on the billing statement based on credits or payments after the Close Date. Ifyou enroll by phone in our automatic payment service, please fill-inthe following blanks below and retain the authorization for your records. Amount OFull Pay OMin Pay OMin Pay+$ OOtherAmount$ Bank Routing# BankAccount # Monthly on theO Payment Due Date, or O Day ofthe month (lNSERTDATE) Credit Reporting. Credit Reporting. We may report information about your Account to credit bureaus. Late payments, missed payments, or other defaults on yourAccount may be reflected in your credit report. We normallyreport the status and payment history ofyourAccount to credit reporting agencies each month. lfyou believethat our report is inaccurate or incomplete. please write us at this address: Discover, PO Box 30939, Salt Lake City, UT 84130-0939. Please include your name, address, home telephone numberand Account number. Payinglnterest. Your due date i5 at least 25 days afterthe close ofeach billingperiod (at least 23 days forbilling periods that begin in February).We will begin charging intereston Cash Advances and Balance Transfers as ofthe later ofthe Transaction Date or the first day of the billing period in which the transaction posted to your Account. Ifyou paythe New Balance on your current billingstatement by the Payment Due Date shown on that billingstatement, we will not impose interest charges on New Purchases. New Purchases are Purchases that firstappear on the next billing statement. Interest will continue to accrue each day on purchases that appeared on previous billingstatements untilyou pay the New Balance in full and will be billed in the next billingcycle. HowWe Calculate Interest Charges.We Use the Daily Balance Method (including current transactions) to calculate the Balance Subjectto Interest Rate. For more information, please call us at 1800-3473683. Balance Subject To Interest Rate.Your statementshows a Balance Subject to Interest Rate. It shows this for each transaction category. The Balance Subject to Interest Rate is the average ofthe daily balances duringthe billingperiod. Credit Balances. IfyourAccount has a credit balance, the amount i5 shown on the front ofyourbillingstatement. A credit balance is moneythat is owed to you. You may make charges against this amount ifyourAccount is open. We will send you a refund of any remainingbalance of$1.00 or more after6 months, or as otherwise required by applicable law, or upon request made to the address in the Contact Us section on page 3 ofyour billingstatement. BalanceTransfers. Balance Transfers are offered at our discretion and accrue interest at the standard purchase rate unless we tell you otherwise. Discover may monitorand/or record telephone calls between you and Discover representatives forquality assurance purposes. Send inquiries to Discover, P0 Box 30943, Salt Lake City, UT84130 The Discover® card is issued by Discover Bank, Member FDIC. DIT23-27.0420 If correct on front. do not use. To make changes to your address, email ortelephone number, please print clearly in blue or black ink, in the space provided or visit Discovemom. StreetAddress Home Phone Work Phone City Email State, Zip a Page 3 of 4 Discovemom or Discover DISCOVER IT® CARD mDING IN 6466 download our app TDD 1-800-347-7449 PO Box 6103 OPEN To CLOSE DATE; 10/24/2020 . 11/23/2020 ‘ Carol Stream IL 60197-6103 N0 ACTIVITY FOR THIS BILLING PERIOD pREvmus BALANCE $0.00 EARNED THIS PERIOD +$o.oo REDEEMED THIS PERIOD -$o.oo FEES FOR THIS PERIOD AMOUNT {flaggfixmfiw magma 3mm LATE FEE $40.00 TOTAL FEES FOR THls PERIOD $40.00 INTEREST CHARGED FOR nus PERIOD AMOUNT INTEREST CHARGE 0N PURCHASES $32.24 INTEREST CHARGE 0N CASH ADVANCES $0.00 INTEREST CHARGE ON BALANCETRANSFERS $0.00 TOTAL INTEREST FOR THIS PERIOD $32.24 2020 TOTALS YEAR-To-DATE CHARGED AMOUNT TOTAL FEES CHARGED IN 2020 $268.00 TOTAL INTEREST CHARGED IN 2020 $237.98 YourAnnual Percentage Rate (APR) is the annual interest rate on your account. CURRENT BILLING PERIOD: 31 DAYS PROMO BALANCE SUBJECT INTEREST TYPE 0F BALANCE APR’ APR EXPIRES“ To INTEREST RATE CHARGE Purchases 22‘99% v N/A $1,650.87 $32.24 Cash Advances 24.99% V N/A $0.00 $0.00 V = VARIABLE RATE * Ifyour account is currently enrolled in a special program or is placed into one during the term ofthe offer, you will receive the benefit ofthe lower ratewhile the specialv'program is in effect. This inciudes, ifapplicable, any lower rates as authorized underthe SewicemembersCivil ReliefAct. ** This is the date your promotional rate expires and the remaining balance will be moved to yourstandard APR disclosed when you accepted the offer. Please note: Changingyour payment clue date may change your Promo APR Expiration Date. *** For more information, please call us at 1-800-347~2683. FICO® Credit Score Terms Your FICO® Credit Score, key factors, and other credit information use the FICO® Score 8 model. They are based on data from TransUnion® and may be different from other credit scores and other credit information provided by different bureaus. This information is intended for and only provided t0 Primary account holders who have an available score. Your score, key factors and other credit information are available on Discovemom and cardmembers are also provided a score on statements. Customers will see up to a year of recentscores online. Discover and other lenders may use different inputs, such as FICO® Credit Scores, other credit scores and more information in credit decisions. This benefit may change or end in the future. FICO is a registered trademark ofthe Fair Isaac Corporation in the United States and other countries. if you prefer not to receive your FICO® Credit Score just call us at 1-800-DISCOVER (1-800-347-2683). Please give us two billing cycles to process your request. Discover Financial Services and Fair Isaac are not credit repair organizations as defined underfederal or state law, including the Credit Repair Organizations Act. Discover Financial Services and Fair Isaac do not provide “credit repair" sewices or assistance regarding "rebuilding" or “improving" your credit record, credit history or credit rating. Availability of FICO® Credit Score As an active cardmember, you may see your FICO® Credit Score on your monthly statement or online. Reasons why you may not see your FICO® Credit Score include: ifyou opt out; ifyou have key information that is mismatched or missing, as one example, an address change that has not been updated with Discover or TransUnion®; if your credit history is too new; ifyour account status is abandoned, bankrupt, fraud, lost orstolen, closed, revoked, or charged off; ifyou have a foreign address. Your FICO® Score is disclosed on statements when your statement is available. You may not receive a statement if you have no account activity such as no purchase transactions, fees, interest, 0r payments for approximately 30 days. DISCOVER |T® CARD ENDING IN 6466 Page a of4 AMARA PAULINO OPEN T0 CLOSE DATE: 10/24/2020 - 11/23/2020
