$ 4712.44 - STATEMENT OF CLAIM June 18, 2024 (2024)

 
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 Filing # 200849764 E-Filed 06/18/2024 08:20:10 PM MIDLAND CREDIT MANAGEMENT, INC. IN THE COUNTY COURT OF THE Plaintiff, NINTH JUDICIAL CIRCUIT IN AND FOR OSCEOLA COUNTY, FLORIDA vs. CASE NO.: ROSA M EUSEBIO Defendant. / STATEMENT OF CLAIM Plaintiff MIDLAND CREDIT MANAGEMENT, INC., sues Defendant, ROSA M EUSEBIO, and alleges: 1. This is an action for damages that does not exceed the jurisdictional amount pursuant to Florida Small Claims Rule 7.010(b). 2. Before the institution of this action, Plaintiff's predecessor in interest, COMENITY CAPITAL BANK and Defendant had business transactions between them under account number XXXXXXXXXXXXX-8203. On April 30, 2021, the account was charged-off and a resulting balance became due. 3. Plaintiff's predecessor rendered a statement of account to Defendant, a copy being attached, and Defendant did not object to the statement. 4. Plaintiff subsequently acquired all right, title and interest to Defendant's account. A copy of the chain of title and/or bill(s) of sale to Plaintiff is attached. 5. Plaintiff notified Defendant of the assignment more than 30 days before initiation of legal action, pursuant to Florida Statute §559.715. 6. Plaintiff has met all conditions precedent to the initiation of this lawsuit, or those conditions have been waived. 7. Defendant owes Plaintiff the principal balance of $4,712.44 and the costs of bringing this action. WHEREFORE, Plaintiff demands judgment for damages against the Defendant in the amount of $4,712.44 and costs. /s/ Johan A. Green, Esq. PAYAL CHATANI, Esq., Fla. Bar 25285 COLLEEN E. LEHMANN, Esq., Fla. Bar 33496 JOHAN A. GREEN, Esq., Fla. Bar 1011917 MELISSA HORNE, Esq., Fla. Bar 845051 ELIZABETH FERRELL, Esq., Fla. Bar 52092 CARRIE D. TAYLOR, Esq., Fla. Bar 11453 ADRIAN COLLINS, Esq., Fla. Bar 1039331 HOLLY HAGGERTY, Esq., Fla. Bar 1036031 Attorneys for Plaintiff PO BOX 2121 WARREN MI 48090 (866) 300-8750 Phone E-service address: IL_FL@mcmcg.com PLEASE UNDERSTAND THIS COMMUNICATION IS FROM A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. FL_0103G File No.: 23-71443 SCP Client Number: 312889066 PAGE 10° 4 Summary of account activity Payment information Account no. SRAM RARE PARE BIOS New balance $4,712.44 Minimum payment due $994.00 Previous balance $4,577.35 Payment due date 05/04/2021 Payments 0.00 . Other credits 0.00 Late payment warning: Purchases 0.00 If we do not receive your minimum payment by 05/04/2021 you may Other debits 0.00 have to pay up toa $40.00 late fee. Cash advance 0.00 Minimum payment warning: If you make only the minimum Balance transfer 0.00 payment for each period, you will pay more in interest and it will take Fees charged 40.00 you longer to pay off your balances. For example: Interest charged 95.09 New balance $4,712.44 If you make no additional | You will pay off And you will charges using this card the balance shown! end up paying an Past due amount 852.00 and each month you pay: | onthe statement | estimated total Credit limit $4,260.00 in about: of: Available credit $0.00 Only the minimum payment | 16 years $12903 Cash credit limit $0.00 : ; : : : F Available cash $0.00 For information regarding credit counseling services, Statement closing date 04/08/2021 Gall 1-600-284-1706. Days in billing cycle 30 Skip signing in to pay and use Cone ity’s -asyPay. It’s safe and convenient. Use your smartonone camera or code reader to scan the QR code pvinted 01 your payment stuo elow to get started.ke Details of your transactions TRANS DATE TRANSACTION DESGRIPTION/LOGATION AMOUNT Fees 04/04/2021 LATE FEE 40.00 Total fees charged for this period $40.00 Interest charged Interest charge on purchases $95.09 Interest charge on cash advance $0.00 Interest charge on balance transfer $0.00 Total interest for this period $95.09 2021 totals year to date Total fees charged in 2021 $160.00 Total interest charged in 2021 $364.10 Interest charge calculation Your Annual Percentage Rate (APR) is the annual interest ate on your account. See BALANCE COMPUTATION METHOD on page 2 for more details. Minimum inteest charge may exceed interest charge below, per your credit card agreement. TYPE OF BALANCE SUBJECT INTEREST BALANCE APR TO INTEREST RATE CHARGE Purchases 24.9900% {v) 4,629.76 95.09 Cash advances 26.9900% {v) 0.00 0.00 NOTICE: See reverse side for important information. Account - number RREK _ARRK KKEK BOO3 New balance Minimnurn pay neat $4,712.44 $994.00 99 4 Mailed pe ts st reach us by 6pm ET Yes, | have moved or updated my Amount on oatdareoel. must reach us Dy 9pm e-mail address - see reverse. $ Please make check payable to: COMENITY - My BJ's Perks Mastercard Please return this portion along with your payment to: ROSA M EUSEBIO 4321 OSCEOLA TRAIL RD UNIT 204 PO BOX 659834 KISSIMMEE FL 34746-2047 SAN ANTONIO TX 78265-9134 4510100 OO032bL1 203) (000099400 000472244 CREDIT REPORTING. We may report information about your accourit toWhat To Do ff You Think You Find A Mistake On Your Statement credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report.Ht you think taere is an ercur on your statement, write to us al: ComenilyCapital gana PO Box 182520, Columbus, Jhiv 43218 2620, NOTICE OF CREDIT REPORT DISPUTES If you believe the account information we reported to a consumer reporting agency is inaccurate, youIn your latter, give us tie following information: may submit a direct dispute to Cornenity Capital Bank PO Box 182120,© Accourt tifornation: Your name and account number, Columbus, Ohio 43218 2120, Your written dispute must provide sufficient* Dollar amount: The dollar amount of the suspected er-or. information to identity the account and specity why the information is© Vescrijtion of Probleri I you think there is an error on your bill, inaccurate: describe wiat you believe is wong aid way you delieve itis a cnistake. Account Information: Your name and account numberYou must contact us witiin 60 days after the error apoeared on your Contact Information; Your address and telephone numberstatement, Disputed Information: Identify the account information disputed and explain why you believe it is inaccurateYou must notity us vf avy potential erors fr writing. You may call us, but it Supporting Documentation: If available, provide a copy of the section ofyou do we are rot -equired to investigate any potential eros and you may the credit report showing the account information you are disputinghave to pay the amount in question. We will investigate the disputed information and report the results to youWhile we tivestizate whethe: or ut there has oven an error, the following within 30 days of receipt of the information needed for our investigation. Ifare trae: we find that the account information we reported is inaccurate, we will We canot try ty collect the anount in question, or revurt you as promptly provide the necessary correction to each consumer reporting delinquent on that amount. agency to which we reported the information. Ihe charge in question ‘nay ‘emain on your statement, and we may cantinue to crarge you interest on that amount. But, if we determine that PAYMENTS MARKED "PAID IN FULL". All written communications we ade acnistake. you will wt dave to vay (qe amount i question ur regarding disputed armuurits that include any check oF vther payment any inte-gst o- otter fees related to tnat amount. Instrument marked ‘payment in full" of similar language, must be sent to: 6550 North Loop 1604 East, Suite 101, San Antonio, 1X 78247-5004. While you do wt dave to vay tae amourit i question, you are responsi Ole DO NOI USE THE ENCLOSED REMITTANCE ENVELOPE. for the renainde’ of your oalance. We may accept payment sent to any other address without losing any of We can apply ay wipald amouit agalist your credit limit. our rights.Your Rights tf You Are Dissatistied With Your Credit Card Purchases No payment shall operate as an accord ad satistaction without prigi wiitten approval,I] you ave dissatistied wiln tie goods ov services Lhal you nave purchasedwily your credit card, and you have tried in good faith lo correct the CUSTOMER SERVICE. Visit comenity.net/bjs vi call L 855 264 Lo22 (My coprablen with the nesshant, you may have the right nol to pay tne remaining BJ's Perks Mastercard) or 1-844-2/1-2535 (My BJ's Perks Worldamount due on bie parciase. Mastercard) (1 DD/T1Y 1-888-819-1918).Iv use tis iytt, all of toe folluwtig must be true: TELEPHONE MONITORING. !o provide you wilh high-qualily service, phone communication with us ts munitured and/ur recorded.1. Ine parenase must have seen nade in your nome slale or wilhin 100miles of your caren mailing addeess. and (ie pure vase price mush have ADDITIONAL INFORMATION. [he following desiguations, when appearing on the front of your statement, mean the following: ¥ means variable ratebeer iuie tha $bv. (Nvte: Neither vt these Is necessary If your purchasewas based on an adveclisenent we cnailed lo you. or il we own Lhe company (this rale may vary); WY INT PAY RO means WAIVE INTEREST, PAYMEN!thal sold you Lhe poods of sevvices.) REQUIRED; WV INE EQ PY means WAIVE INTEREST, EQUAL PAYMENT; WY INT LOW PMI means WAIVE INTERES!, LOW PAYMENT; DF INT PY RQ?.You must have used your c-edit card for tne purcqase. Purchases made means DEFER INTERESI, PAYMENT REQUIRED; DEF INT EQ PY meanswit? sash advances fron ad ATM o- wita a chec« that accesses your credit DEFER INTEREST, EQUAL PAYMENT; DF IN} LOW PMI means DEFERcard azscount do not qualify. INTEREST, LOW PAYMENT! and LOW APR EQ PAY means LOW APR, EQUAL PAYMENT. Il you have a variable rale account, your periodic rales may vary.3. You musl nol yel aave lally paid lor lie purenase. You tnay pay all of your Accounl balance al any lime wilhoul penally.If all of the cvite-ia above aca mat aad you are still dissatisfied with tne Send all inquiries to: CUSTOMER SERVICE, PO Box 183003, Columbus,purenase, conlack us in weilirg:al: Comenily Capilal Bank PO Box 182620, Ohio 43218-3003.Calunous, O19 43218-2520. Send all bankruptcy notices and related correspondence to ComenityWhile we ioveslipale. lig same rules apoly lo lhe dispuled amount as Capital Bank, Bankruptcy Department, PO Box 183043, Columbus, Ohiodiscussed aoove. Aller we linisa our invesligalion, we will tell you our 43218-3043.decision, Al hal point, il we Laing you owe an amnounl and you do nol paywe may reoorl you as delinquent. NOTICE ABOUT ELECTRONIC CHECK CONVERSION. Wisn you provide a check as payment, you authorize us either to use information from yourPAYING INTEREST. Your due dale is al least 25 days alle: lie close of eaca check to make a one-time electronic fund transfer from your account or tobilling cycle. We will not chage you intesest on purcorases if you pay your process the payment as a check transaction. When we use information fromentire salance oy tne due date each noatn. We will begia charging interest your check to make an electronic fund transfer, funds may be withdrawnon galance traisfe-s and cash advances 09 tne transaction date. We will from your account as soon as the same day we receive your payment, andbegin to caarge inte-est 07 new ourchases nade under a Low APR, Equal you will not receive your check back from your financial institution.Payment or Budget ?ayment Credit Plan from tne date of purchase.BALANCE COMPUTATION METHOD. We calculate interest separately foreat h lype of balance on your account using a “Daily Balance" to deternine charg: ch oilling veriod, We tipure the interest cnarge onyour sunt oy apolying the veriodic rate to the ‘daily oalance’ of youraccount tor eacd day in toe billing cycle. lo pet toe “daily balance" we takethe bepinning balance of your account each day, add any 1ew purcrases,advances. fees and oalance transtes, and sudlract any pay nents or credits(lreating avy net credit oalance as a zerp balance). This gives us tne dailybalance,PAYMENTS. Pay your Account by the sayment due date by the time listed below. If we do not receive your payment in a correct format (outlined below) itmay not be e-sdited to your Account for up to five days, or may de rejected. Also, your payment must reach us by the payment cutoff time that applies tothe pay neat method you select. | is card is issued by Comenity Cavital Bank pursuant to a license from Mastercard International Incorporated, Mastercardis a registered trade nak of Mastercacd International Incorporated.Correct Format. Correct turmat tor different pay net ‘methods include:Mailing or Overnight: Send a personal check, money order, t-aveler’s creck or casnier’s creck payadle in U.S. dollars, to the name and address shown onthis Statement in the oayment stub avea containing your balance and minimum payment amount. Be sure to include your payment stub, do not staple orclip your vayment to the stud, include your account number vn your cleck, use the envelupe provided with your Statement, send one payment with onepay sneit stu and do wt seid any cuorespondernice with your payment. You squuld vvernight a payment ty 650 Nurth Loup 1604 Last, Suite LOL, SanAntonio, 1X 78247-9994 and the additional format requirements are tie same as otver nailed pay nents unless there is a dispute, in which case you followthe 2ayments Viarted “Paid in bull’ section above. Do nut send cas) or gift certificates. Pay By Phone: You can call us toll tree at 1 Sbb 269 1622 (MyBJ's 7er4s Mastercad) ot 1 844 2/1 253 (My BJ's Perks World Mastercard) (IDD/I TY; 1 888 819 1918) to inake a payment by telephone, which inayInclhide ates. Ondine: You can make a payment vuline at comely retfoys.Payrnent Cutoff Times. Payrnient cututt thinessdeadiines tur us to “eceve pay necits ave by the due date on Cols Statement in the vayment stub area at thefollowing lines: Mailing and Ovemight: By 6:00 pm Eastern lime (El); Pay By Phone: By 6:00 pm (E1); Online: By 5:00 pm (ET) New Information Title (optional) First Name MI Last Name Soc. Sec. No. Street Address Apt. No. RR PO Box City State Zip Code Foreign Map Code Home Phone Work Phone Email Address PAGE 30° 4Additional important messagesImportant Reminder: |f you make a purchase with this credit card using a promotional plan, thepromotional plan expiration date and payment due date may be different. This means that if you have anyremaining promotional plan balance after the promotional plan expiration date, the balance and anyaccrued interest (if applicable), will move to your regular revolving plan on the next billing statement.How to avoid or minimize interest charges: Be sure to pay any promotional plan balance in full onor before the plan expiration date shown in the “Details of your plans’ section of your statement. Pleasealso keep an eye out for notifications of when your promotional plan(s) are nearing their expirationdate—you'll see them in the red box on page 1 of your statement. If you have questions, please call ustoll-free at 1-855-269-1622 (TDD/TTY:1-888-819-1918). To learn more about how promotional plans work,visit comenity.com/financial-education. We're always happy to help.IMMEDIATE ATTENTION REQUIRED! Your Account is extremely past due and will be written off as abad debt at the end of this month. To avoid this, you can pay the Minimum amount shown on thisstatement before the end of this month. If you are not able to pay the Minimum Payment amount, we willstill be able to assist you and prevent your account from being written off. Call us at 1-855-617-8089(TDD/TTY 1-888-819-1918) and we will find a suitable payment before the end of this month. If written off,the bad debt will be reported to the three major credit bureaus and our Recovery team will determine theappropriate steps. as permitted and available under applicable law, to protect our interests.Affected by COVID-19? Comenity Capital Bank Offers SupportAs the bank that manages your credit card, our hearts go out to those affected by the coronavirus(COVID-19) pandemic.The support we’re extending to you. If you’re experiencing financial hardship because of COVID-19.please Call 1-855-269-1622 (TDD/TTY: 1-888-819-1918) to discuss how we may be able to help.Account Center is available 24/7 for you to manage your My BJ's Perks Mastercard accountonline. You can make payments and view your balance, transactions and statements online. Not yetregistered? Visit mybjsperks.com, enter your My B's Perks Mastercard credit card account number andZIP code, then verify your identity.We’re looking out for you. We remain focused on the health and well-being of our customers andassociates, and we'll continue to stay on top of what’s happening during the pandemic so we can bestsupport you.How can you take charge against !D Theft? Visit idtheft.gov to find out.4YS10L00b O0032bL2 S203) «(000099400 000472244PAGE 4 OF 4 EXHIBIT A BILL OF SALEComenity Capital Bank (“Seller”), for value received and pursuant to the terms andconditions of that certain Credit Card Account Purchase Agreement dated October 25,2019 between Seller and Midland Credit Management, Inc. (“Purchaser”), its successorsand assigns (“Credit Card Account Purchase Agreement”), hereby assigns effective as ofthe Closing Date of May 21, 2021 all rights, title and interest of Seller in and to thosecertain Accounts described in the Credit Card Account Purchase Agreement andSchedule 1 (the “Asset Schedule”) attached hereto and made part hereof for all purposes,to Purchaser.The information contained in the Sale File (collectively, “Seller’s AccountsInformation”) is true and complete as of the File Creation Date. Further, all of theinformation contained in Seller’s Accounts Information (a) constitutes Seller’s ownbusiness records regarding the Accounts and (b) accurately reflects in all materialrespects the information about the Accounts in Seller’s possession. All of Seller’sAccounts Information has been kept in the regular course of Seller’s business, and wasmade or compiled at or near the time of the event and recorded by (or from informationtransmitted by) a person (i) with knowledge of the data entered into and maintained inSeller’s business records, or (ii) who caused the data to be entered into and maintained inSeller’s business records, All capitalized terms used, but not defined, in this Bill of Saleshall have the meanings assigned to such term in the Credit Card Account PurchaseAgreement.This Bill of Sale is executed without recourse except as stated in the Credit Card AccountPurchase Agreement to which this is an Exhibit. No other representation of or warranty oftitle or enforceability is expressed or implied.COMENITY CAPITAL BANK Midland Credit Management, Inc. i er;By: VALE: 4+ baa— By; Ate ogerd PA "4Date: ¢/23/2] Date: 7/21/2021Title: Chief Credit Officer Title MVP of Business Development SCHEDULE 1 TO BILL OF SALE ASSET SCHEDULEThe individual Accounts transferred pursuant to the Credit Card Account Purchase Agreement andBill of Sale are described in the electronic file namedMCMG_CB MAY_2021_DPL_CCB.TXT;MCMG_CB_ MAY 20 1 _LCS_CCB.TXT anddelivered by Comenity Capital Bank to Midland Credit Management, Inc. on May 14,2021 and summarized in the table immediately below (the “Sale File”). # of Charged-off Aggregate Unpaid Balance Percent File Creation Date Accounts 5/13/2021 EXHIBIT B CLOSING STATEMENTAGREEMENT DATE: October 25, 2019SELLER: COMENITY CAPITAL BANKPURCHASER: Midland Credit Management, Inc. MCMG_CB_ MAY _2021_DPL_CCB.TXT;FILE NUMBER: MCMG CB MAY 2021 LCS CCB.TXTNUMBER OF ACCOUNTS:TOTAL UNPAID BALANCE:PURCHASE PRICEPERCENTAGE:PURCHASE PRICE:FILE CREATION DATE: May 13, 2021CLOSING DATE: May 21, 2021WIRING INSTRUCTIONS PORTFOLIO LEVEL AFFIDAVIT OF SALE BY ORIGINAL CREDITORSTATE OF: UTAHCOUNTY OF: SALT LAKEOn [_ U/- 23/; 2-| , Bruce Bowman (“A ffiant”) being duly sworn, deposes and says: l. I am over 18 and I am the Chief Credit Officer of Comenity Capital Bank (“Seller”). In that capacity and as part of my regular job duties, I have custody of certain business records of Seller, routinely review such business records, and am familiar with Seller’s processes for the sale and assignment of accounts and business records, including those that are maintained in electronic form.2i Seller owns certain accounts, and maintains and records information in the records as they relate to such accounts. I am authorized to make the statements and representations set forth in this affidavit on behalf of Seller. The statements set forth herein are true and correct to the best of my knowledge, information, and belief, based on either personal knowledge or review of the business records of the Seller. If called upon as a witness, I can testify competently to the facts contained herein.3 My regular job duties include having knowledge of, and access to, business records relating to the Accounts (as defined below). These records are kept by Seller in the regular course of business, and it was in the regular course of business of Seller, for an employee or representative with personal knowledge of the act, event, condition, or opinion recorded to make memorandum or records or to transmit information thereof to be included in such memorandum or records; and that the records were made at or near the time of the act and/or event recorded or reasonably soon thereafter.4, On or about 5/21/2021, Seller sold a pool of charged-off accounts (the “Accounts”) by a Credit Card Account Purchase Agreement to Midland Credit Management, Inc. (“Buyer”). The original creditor at the time of charge-off was Comenity Capital Bank.5. Pursuant to the sale, Seller sold, transferred, assigned, conveyed, granted, bargained, set over and delivered to Buyer and its successors and assigns, good and marketable title to the Accounts and any unpaid balance free and clear of any encumbrance, equity, lien, pledge, charge, claim or security interest. I am not aware of any errors in the Accounts.6. In connection with the sale of the Accounts, electronic and other records were transferred to or otherwise made available to the Buyer (the “Transferred Records”). The Transferred Records have been kept in the regular course of Seller’s business, and were made or compiled at or near the time of the event and recorded by (or from information transmitted by) a person (i)with knowledge of the data entered into and maintained in Seller’s business records, or (ii) who caused the data to be entered into and maintained in Seller’s business records. To the extent that the Transferred Records include records that were prepared by a third party, they are records that were incorporated into the records of Seller as a business record and the accuracy of such records are relied upon by Seller in the regular course of business.Vs I certify under penalty of perjury that the foregoing is true and correct.FURTHER AFFIANT SAYETH NOT.Signed this 1S rol day of Ptwhini... - 202-4aBruce Bowman (AFFIANT NAME)Comenity Capital Bank cribed swom to before me_ this 2A day of « ) WE ; 20Zf by an employee of Comenity Capital Bank TRAVIS C MINER PE Notary Public - State of Utah )e Comm. No. 702264 Seals My Commission Expires on Sep 10, 2022 CERTIFICATE OF CONFORMITYSTATE OF UTAHCOUNTY OF SALT LAKEThe undersigned does hereby certify that he is an attorney at law duly admitted to practice in theState of Utah and is a resident of Utah, County of Salt Lake, Utah; that he is a person dulyqualified to make this certificate of conformity; that the foregoing acknowledgment by BruceBowman named in the foregoing instrument taken before Travis C. Miner a notary in the State ofUtah duly conforms with the laws of the State of Utah, being the State in which it was taken; andwhen executed by Mr. Bowman in the manner indicated will qualify as a valid and effectivesworn statement in such state. {-2-Al Wives GattonDate Attorney at Law for the State of Utah 

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