DeclarationCal. Super. - 3rd Dist.January 15, 2014o o ~s A t h O R oO tof Il 12} 13 14 iS 16 1 18 | 19} 20 21 22 23 24 | 25° 26 27 28 Refer to File Number: CA034719 e ) 6018-102670403 2017102614:73 Page a 9 NANCY Q. SU, SBN 279714 SUPERIOR COURT OF cau FORNIA RESURGENCE LEGAL GROUP, PC seu er i 10805 Holder Street, Suite 205 | OCT 30 2017 Cypress, CA 90630 iis - (1) 877/440-0860 (F) 714/226-0024 EXECUTIVE GEFICER & CLERK . EMAIL: CAAttorney@Resurgencel egal. com. By: C. “Vallan-Brown, Deputy a Attorney for Plaintiff _.- SUPERIOR COURT OF CALIFORNIA COUNTY OF PLACER, PLACER JUDICIAL DISTRICT - _ BILL SANTUCCI JUSTICE CENTER RESURGENGE CAPITAL, LLC, ) ) CASE NO.: MCV0060300 Plaintitt ). ) DECLARATION OF PLAINTIFF IN v. ) LIEU OF LIVE TESTIMONY ) PURSUANT TO CCP §98 _. ENCHANTED E DOUTHERD, ) q. and a 1 through 15. inclusive ; TRIAL Defendants) )- DATE: December 4, 2017 ) TIME: 8:30a.m. ) DEPT: 32 ) ) ) L STEPHEN} LUBELFELD, declare under penalty of perjury of the laws of the State of Califomiate as follows: lL, £ am an Chief Financial Officer/Managing Member of Plaintiff. I have access to and have reviewed the computer business records of Plaintiff as they relate to the obligation of Defendant, || ENCHANTEDE DOUTHERD, (hereinafter "Defendant") sued upon in the Complaint herein, and 1am very familiar with the manner in which those records are compiled. Iam available for service of process as required by CCP §98 throu gh'counsel at Resurgence Legal Group, PC, c/o Receivables Management Association, 1050 Fulton Avemue, Suite 120, Sacramento, CA 95825 fora reasonable period of time in the twenty days prior.to trial | Ml Po 2 of 14 C O C A 10 ll 12 13 14 15 16 7 18 19 20 21 22 23 24 25 26 27 28 ( i 6018-102670403 2017102614:73 Page x : 5 2. All matters contained herein are based upon my personal knowledge and/or personal review of the computer business recs of Plaintiff. If called as a witness, I could and would competently testify thereto. A 3. Plaintiff purchases portfolios of delinquent accounts from either. the original creditor or a subsequent purchaser of the account. As partof its operations, Plaintiff. operates and maintains computer systems, into which Plaintiff integrates electronic records and information received from the seller in response to the sale and assignment communications regarding the individual accounts. 4. . Tam familiar with the manner and method by which Plaintiff creates and maintains its normal business books and records. Such business records are made in Plaintiff's regular course of business. Plaintiff maintains computerized account records, including the account information that was provided to Plaintiff by WELLS FARGO BANK NA. The computerized account records include the transfer balance of the subject account: The records are kept in the ordinary course of business by representatives of Plaintiff who are charged with the duty to accurately record any business act, condition, or event on the corns with entries ‘made at or near the time of any such occurrence. 5. ° Onor about. ‘February 28, 2013, Plaintiff acquired the Account sued upon (the "Account"). Plaintiff acquired and incorporated Account records from the charge-off creditor into its permanent business records as aresult of Plaintiff's purchase of the Account. The accuracy of such records is relied upon by Plaintiff in purchasing and collecting this Account. These records are trustworthy because the charge-off creditor is required by federal banking regulations to keep accurate records of the Account. 6. Defendant(s), and een of them, requested credit from the original credit issuer. Thereafter, said request was accepted and credit was extended to Defendant(s). 7. Defendant(s), and each of them, accepted and used the credit privileges as evidenced by the billing statement(s) for Account RAR RARE TOO), 8. . Defendant(s), ‘and cab of them, defaulted on the account by failing to make payments, causing damages as set forth herein. 9.. This Account was purchased on or after January 1, 2014 and, therefore, is subject to California Civil Code section 1788.60. Plaintiff sets forth the following: Fe By Fax = 10 W 12 13 14 15 16 17 18 19 20 2 22 23 24 25 26 27 28 ‘ ( ) 6018-192670403 2017102614:73 Page a ) a. Plaintiff is the sole owner of the Account. b. The balance ‘at charge-off ‘was $1,860.00. The total amount of interest after charge-off was $.00. The total amount of fees after charge-off was $.00. The total amount of credits after charpecoll was $.00. c. The date of the last payment is March 25, 2012. d. The charge-off creditor was WELLS FARGO BANK NA, (the "charge-off creditor") and Account number at time of charge-off was *#**#+#*####799()_ e. The name(s) and last known address(es) of Defendant(s) as they appeared in the charge- off creditor's records prior to the sale of the debt, or for debt sold prior to January 1, 2014, ‘the name and last known address of Defendant as they appeared in the debt owner's fanned on December 31,2013 was ENCHANTED E DOUTHERD, 3019 TWIN CREEK LANE, ROCKLIN, CA 95677. f. The names and addresses of all persons or entities that purchased or were assigned the debt after charge-off are: Name - Address Absolute Resolutions, Corp 1455 Frazee Road Suite 550 San Diego, CA 92108 Security Credit Services, LLP 2653 West Oxford Loop Suite 108 Oxford, MS 38655 Resurgence Capital, LLC 1161Lake Cook Road Suite E Deerfield, IL, 60015 10. Attached hereto collectively as Exhibit "1" are true and correct copies of said transfers and such transfers are incorporated herein by reference. Attached as Exhibit "2", and incorporated herein by this reference, are the reformatted and redacted printouts of the raw data on the Account from the electronic files referenced by the Bills‘of Sale and received by Plaintiff during the transfer of this Account. The information. includes Defendant's account number, name, and other personal information. All other accounts referenced in the raw data are omitted due to the personal information included of non-parties. 11. Demand has been made on Defendant(s), and each of them, for the payment of $1,860.00. Defendant failed to make full payment of the amount owed on the Account. it I Rep Pair IN LIEU OF LIVE TESTIMONY PURSUANT TO CCP §98 ae 4 of 14 N R a W w B p w f ) 6018-102670403 2017102614:73 Page sl . } 12; “Within fois years of the filing of the instant action, Defendant(s), and each of them, became indebted to the charge-off creditor through a series of financial transaction in which the creditor kept an account of the debits and credits involved in the transactions. Plaintiff is the current holder and assignee of the Account. 13. Plaintiff has incurred court costs of $375.50 to date. 14. Plaintiff therefore requests a money judgment at Trial against Defendant, ENCHANTED E DOUTHERD, as follows: Account Balance Sued’ Upon as of date of Complaint........ $1,860.00 eS ae $375.50 Less Post-Suit Payment Credits......0:20.....0.....0.., $.00 TOTAL .. . + FS SRING EEE comenniens «4 or FE Rl a ee ev wana aa $2,235.50 I declare under penalty of perjury that the foregoing is true and correct under the laws of the State of California. Executed on_/0 ] Z6] 7 at 1161 LAKE COOK RD, SUITE D, DEERFIELD, IL STEPHEN LUBELFELD Chief Financial Officer/Managing Member 60015. 4 " DECLARAT! By ER PLAINTIFF IN LIEU OF LIVE TESTIMONY PURSUANT TO COP 998 File B y: 5of 14 : é J 6018-102670403 2017102614:73 Page 6\ ” File CA034719 EXHIBIT “1” File By Fax 6 of 14 6018-102670403 2017102614:73 Page a : ) Exhibit BILL OF SALE This Bill of Sale is emered into this 24th day of Decernber, 2012 pursuant to that certain Flow Purchase Agreement CAgreement”) effective as of January 24, 2017 by and among Absohite Rerolution Corp. as. Buyer, and Wells Fargo Bank. N.A.. as Soiter, For goad and valuable consideration as more particularly set for in the Agreement, Seller hereby assigns, sells, transfers and conveys to Buyer, and Buyer hereby accepts trom Seller, without recourse except ag Specifically provided in the Agreement. the Accounts described in the Accounts Schedule attached hereto as Exhibit A. Seller: Wells Fargo Bank, NiAw Buyer: Absolute Resolution Corp, Number of Accounts: List of Accounts: Attached hereta as Schedule } Unpaid Balance of Accotints: Cut-Off Date: December'19, 2032 Closing Date: December 24, 2012 ABSOLUTE RESOLUTION CORP. WELLS FARGO BANK, NLA. att ons, By: N hive LALO 5 Name Thomas J, LaCe nt cm, Tile Evo Operatienes Date: Rpm sor * WCCYSSY File By Fax of 14 { ) 6078-102670403 2017102614:73 Page al ‘6 ) 15004 | Rachihit 1 BILL OF SALE This Bill of Sale in entered into this 27th day of December, 2012 poreusnt to that certain Flow Purchase Agresment (“Agreement”) effective 22 of Jeruary 24, 2012 by and antoag Security Credit Services LLC, as Buyer, and Absolute Resolutions Corp., 23 Seller. For good and valuable consideation as more particularly set for in the Agreement, Seller hereby assigns, sells, taosftrs and conveys to Buyer, and. Buyer hereby accepts from Seller, without recourse. except a8 specifically provided im ths Agreement, the Accounts described in the Accounts Schedule attached hereto as Exhibit A. Seller: Absolute Resolutions Corp., Buyer: Security Credit Services, LLC Number of Accounts: (iy List of Accounts: Attached hereto as Schedule 1 Unpaid Balance of Accounts: nae Cut-Off Date: ' December 27, 2012 Closing Date: December 27, 2012 ABSO! OLUTION CORP. SECURITY CREDIT SERVICES, LLC ax K B L Name Mark Nawnen Name: Title: Chie? Operating Offer Tithe; An CE le By Fax 8 of 14 f t 6018-102670403 2017102614:73 Page of * Exhibit A ASSIGNMENT AND BILL OF SALE Security Credit Services, LLC (“Seller”) has entered into a Credit Card Purchase Agreement, dated November, 26, 2012 ( “Agreement”) for the sale of Accounts described in Agreement thereof to Resurgence Capital, LLC,(“Purchaser”), upon terms and conditions set forth in that Agreement. ; NOW,: THEREFORE, for good. and valuable consideration, Seller hereby sells, assigns, and transfers to Purchaser ‘all. of Seller's rights, tide, and interest in each and every one of the Accounts described in the Agreement, and identified herein as February CA, WI, MN, IL 2013 accounts, provided however such transfer is made without any sepresentations, warranties, or recourse, ' i IN WITNESS WHEREOF, Seller has signed and delivered this instrument on the 28" day of February, 2013. : Security Credit Services, LLC By: ye Drei Executive Vice President § 9 of 14 “File ‘By Fax ¢ . ) 6018-102670403 2017102614:73 Page 16_ 3 ) File CA034719 EXHIBIT “2” File By Fax .. 10: of 14 © 6018-102670403 2017102614:73 Page th . ) Seller: WELLS FARGO BANK NA ACCOUNT SUMMARY as of October 4, 2017 Original Account Number Date Account Opened Last Payment Date Charge-Off Date XXKK-XXAX-XAKK- 7900 April 30, 2012 Amount: $1,860.00 RESURGENCE LEGAL GROUP, PC © Account Purchase Date Account Number CA034719 February 28, 2013 ENCHANTED E DOUTHERD A : File By Fax 11.0f 14 i } 6078-102670403 2017102614:73: Page th ) Account Number | Xe 7900 Remaining Balance $1,860.00 Date Opened 12/14/2009 Charge Off Date 4/30/2012. Last Activity Date 3/25/2012 Charge-off Creditor WELLS FARGO BANK NA Last Name DOUTHERD First Name ENCHANTED Middle Initial Ez Address) | 1337 HIDALGO CIR City ROSEVILLE State CA Zip 95747 County | PLACER Home Phone 916/856-6485 SSN [ace File By Fax 12 of 14 nN O o O O S I K H HW BR B Ww 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 J 6018-102670403 2017102614:73 Page Be ) PROOF OF SERVICE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) I am employed in the County of Orange, State of California. I am over the age of eighteen and not a party to the within action. My business address is RESURGENCE LEGAL GROUP, PC, ("the business"), 10805 Holder Street, Suite 205, Cypress, CA 90630. am readily familiar with the business's practice for collection and processing of correspondence for mailing with the United States Postal Service; such correspondence would be deposited with the United States Postal Service the same day of deposit in the ordinary course of business. On OCT 2 6 2017 , [served the foregoing documents described as DECLARATION OF PLAINTIFF IN LIEU.OF LIVE TESTIMONY PURSUANT TO CCP § 98 on the interested parties in this action by placing a true and correct copy thereof in a sealed envelope addressed as follows: ENCHANT ED E DOUTHERD 430 JOINER PARKWAY APT #101 LINCOLN CA 95648 At my business address, I placed such envelope for deposit with the United States Postal Service by placing them for collection and mailing on that date following ordinary business practices. I delivered such envelope(s) by hand to the offices of the addressees. Icaused such copies to be transmitted via facsimile to the persons set forth. X_ (State) I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. (Federal) I declare that Iam employed in the office of a member of the bar of this court at whose direction the service was made. OCT 2 6 2017 Executed on. , at Cypress; Calif "File By Fax 13 of 14 E A A A
