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stare OF OHIO SANDRA KURT .
COUNTY OF SUMMIT
2022 SEP } 3 AN IO: 5
)
UGH I, ASSIGNEE OF LENDING SRY! COUN CASE #CVF2101071
CLERK QE COURTS JUDGE
ALISON M. BREAUX
2022 09 3287
-VS-
SUMMIT COUNTY COURT OF
COMMON PLEAS
LAURA VILLWOCK.
Bremer
I THE UNDERSIGNED, CLERK OF THE BARBERTON MUNICIPAL COURT, IN AND
FOR SAID COUNTY DO HEREBY CERTIFY THAT THE FOREGOING IS A TRUE
TRANSCRIPT OF THE DOCKET AND JOURNAL ENTRIES AND ALL THE
PROCEEDINGS OF SAID COURT IN THE ABOVE CASE.
IN TESTIMONY WHEREOF, I HAVE HERE UNTO SET MY HAND AND AFFIXED THE
SEAL OF SAID COURT AT THE COURT HOUSE, IN BARBERTON, OHIO THIS 14TH
DAY OF SEPTEMBER 2022
DIANA M. STEVENSON, CLERK OF COURTS
CLD.
PREPARED BY: ASHLEY CARR, DEPUTY CLERKDate: 09/14/22
eR
Case Number
Plaintiff(s):
Defendant (s):
Docket Entry Listing Page:
CVF 2101071
Capital One Bank Usa N A
Shultz, Lindsey M
0771272021
07/13/2021
07/20/2021
09/15/2021
09/20/2021
09/21/2021
10/25/2021
10/27/2021
11/18/2021
12/01/2021
12/22/2021
02/23/2022
02/24/2022
02/28/2022
AMOUNT REQUESTED FOR JUDGMENT $2689.36
COMPLAINT FILED WITH COURT ON BEHALF OF THE PLAINTIFF BY
ATTORNEY WEINBERG
CIVIL FILING FEE FOR 1 DEFENDANT $156.00
PAYMENT - RECEIPT NO. 2104880 IN THE AMOUNT OF $ 156.00
SUMMONS SENT BY CERTIFIED MAIL TO THE DEFENDANT (S)
DEFENDANT SERVED WITH SUMMONS BY CERTIFIED MAIL ON
07/17/2021
SIGNED BY LINDSEY SHULTZ C19
MOTION FOR DEFAULT JUDGMENT FILED BY ATTORNEY HEAD
DISPOSITIVE MOTION FILING FEE - $25.00
PAYMENT - RECEIPT NO, 2106501 IN THE AMOUNT OF $ 25.00
DEFAULT JUDGMENT GRANTED IN FAVOR OF PLAINTIFF(S) AND
AGAINST THE DEFENDANT(S) IN THE AMOUNT OF $2689.36
PLUS COSTS. JUDGE MCKENNEY.
NOTICE OF JUDGMENT FILED SENT TO ALL PARTIES
REQUEST FOR A CERTIFICATE OF JUDGMENT LIEN FILED BY
ATTORNEY HEAD.
CERTIFICATE OF JUDGMENT LIEN FILING FEE $10.00
PAYMENT - RECEIPT NO. 2107639 IN THE AMOUNT OF $ 10.00
CERTIFICATE OF JUDGMENT LIEN ISSUED TO ATTORNEY.
GARNISHMENT FILING FEE, JUDGMENTS UNDER $3000.00 $60.00
PAYMENT - RECEIPT NO. 2108136 IN THE AMOUNT OF $ 60.00
GARNISHMENT SENT BY CERTIFIED MAIL TO USPS
(DIGITAL RECORD MAY INCLUDE COPIES ISSUED TO
PARTIES; NOT KEPT IN COURT FILE)
CERTIFIED SERVICE OF WAGE GARNISHMENT DELIVERED ON 11/22/21
TO USPS
SIGNED FOR BY KIM HIBERTY
ANSWER OF GARNISHEE; NOTICE SENT TO ATTORNEY
REQUEST TO RESEND GARNISHMENT BY CERTIFIED MAIL
WRIT OF GARNISHMENT TO EMPLOYER BY CERTIFIED MAIL $10.00
PAYMENT - RECEIPT NO. 2201367 IN THE AMOUNT OF $ 10.00
CERTIFICATE OF JUDGMENT LIEN RETURNED FROM SUMMIT COUNTY
CLERK OF COURTS, FILED WITH THE SUMMIT COUNTY CLERK OF
COURTS.
JL-2022-1695Date: 09/14/22 Docket Entry Listing Page:
Aur e
03/08/2022
CERTIFIED SERVICE OF WAGE GARNISHMENT DELIVERED ON 02/28/22
TO USPS
SIGNED FOR BY PAUL H(ILLEGIBLE) SON
04/11/2022
ANSWER OF GARNISHEE (RELEASE RECEIVED BEFORE COPY WAS
ISSUED TO ATTORNEY)
04/12/2022
RELEASE OF GARNISHMENT FILED BY ATTORNEY WEINBERG
RELEASE OF GARNISHMENT SENT TO USPS
(ALSO SENT BY FAX TO NUMBER PROVIDED ON ANSWER)
05/02/2022 :
RECELVED AFTER RELEASE286.99
PAYMENT - RECEIPT NO. 2203207 IN THE AMOUNT OF $ 286.99
05/16/2022
CHECK NUMBER 51299 WRITTEN TO SHULTZ, LINDSEY M
$ 286.99 OF WHICH WAS FROM THIS CASE: heen 11 Punicipa' ¢ cnt |
mr POM EZ TU TUTE oR OT
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Buffalo, Wv 25033
.|DEF1: Villwock, Laura !
3811 Glen Eagles Blvd Apt 312 :
Uniontown, Oh 44685
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P.0. Box 300 ATTY
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+-SARBERTON MUNICIPAL COURT
576 West Park Avenue, 205
Barberton, Ohio 44203
(330) 753-2261
www. cityofbarberton.com/clerkofcourts
Laura Villwock
Uhg I Lic, Assignee Of Lending
P.O. BOX 300
BUFFALO, WV 25033
Plaintiff (s)
Case: CVF 2101017
~V- CoOsT STATEMENT
Villwock, Laura
Todd McKenney
3811 GLEN EAGLES BLVD APT 312 Judge
UNIONTOWN, OH 44685
Defendant (s)
Please be advised that $35.00 is owed to the above-named
Court for TRANSFER TO SUMMIT COUNTY COMMON PLEAS
Date of Judgment or Dismissal: 09/14/2022
This bill is due and should be paid within 30 days.
Date: Sep 14, 2022 Dinan n dir,
by:
Diana M. Stevenson
Clerk
RETURN THIS STATEMENT WITH REMITTANCE
ee De liom?eo ey
Lo
IN THE BARBERTON MUNICIPAL COURT
SUMMIT COUNTY, OHIO.
UGH I, ASSIGNEE OF LENDING
FILED
OFFICE OF Te CLERK
Case No.: CVF 2101017 999 gem 1, AN 10: 16
)
CLUB, CORP. )
fr ) RURIORAL court
Plaintiff ) JUDGE TODD MCKENNEY BARBERTON onic
Cae HO
NA STEVENSON, CLERK
vs,
) ORDER OF TRANSFER
LAURA VILLWOCK )
)
Defendant )
This cause came before the Court on Defendant's motion to transfer the
case to the Summit County Common Pleas Court filed on August 3, 2022.
Plaintiff was given until September 12, 2022 to file a response to the motion, but
no response was filed by Plaintiff. :
The Court has reviewed the motion and the pleadings filed in this case.
The Court finds that Defendant's counterclaim and her prayer for relief is in
excess of $15,000.00, which is above this Court's monetary jurisdiction. Thus,
the complaint shall be transferred to the Summit County Court of Common Pleas.
THEREFORE, IT IS ORDERED that Defendant's motion to transfer the
case to the Summit County Common Pleas Court is granted, and Defendant shall
pay any additional court costs associated with the transfer. FURTHER, IT IS
ORDERED that Plaintiff's motion for summary judgment will continue to be held
in abeyance until the case is transferred to Summit County Common Pleas Court
Pursuant to Rule 58 of the Ohio Rules of Civil Procedure, the Court
hereby directs the Clerk of the Barberton Municipal Court to serve upon all
parties notice of this Order and its date of entry upon the journal.
pts P2a,,
hye
IT IS SO ORDERED.
ce: Atty. Bree W. Ogle
Laura VillwockIN THE BABERTON MUNICIPAL COURT
FILE
SUMMIT COUNTY, OHIO OFFICE ote CLERK
UHGILLC, Assienee of Lending Club CASE No CVESI SERS PM 3: 22
Plaintiff MUNIOPAL couaT
JUDGE Todd McKenney fA8Ee8 031 ORIG
Vv AANA S$ SOM, SLERK
Laura L Villwock
Defendant Magistrate Andrew F Peck
PLAINTIFF’S RESPONSE TO DEFENDANT’S DISCOVERY REQUEST TO
PLAINTIFF
Now comes the Plaintiff UHG I LLC. Assignee of Lending Club, by counsel, and
responds to Defendant Laura L Villwock, Request for Production of Documents, and Request of
Admissions, First Set to Plaintiff UHG I LLC. Assignee of Lending Club as follows:
Interrogatory No 1: State the name, address, phone number, and place of employment
of the person answering these interrogatories
Response: James Atkins, Esquire
105 River Vista Drive, Buffalo, WV 25033
(304) 937-4919
Atkins & Ogle Law Offices, LC
Interrogatory No 2: How did DEFENDANT qualify for the credit account she allegedly
received, which is the ORIGINAL CREDITOR account referred to in Plaintiff's complaint?
Response: The Defendant applied for the alleged credit online with authorization to a
standard credit report.
Interrogatory No 3: What reasonable action did Plaintiff make to confirm Defendant did
not owe more than the $2,500 in short term loans at the time of the loan’s origination as allowed
pursuant to the Ohio Fairness in Lending Act?
Response: The Plaintiff made confirmation by using a credit check and standard
questionnaire in the credit application.
Interrogatory No 4: Identify and attach hereto each and every Exhibit you intend to
introduce at any deposition, hearing and/or trial in this matter.Response: _Please the following list of Exhibits attached
Exhibit A :
Loan Summary
Personal Auth for Auto Pay
Personal Borrower Agreement
Personal Credit Profile Authorization
Personal Credit Score Notice
Personal Truth in Lending Disclosure Statement
Shared Term of Use
Transaction History
Bill of Sale
compe he ae FP
Interrogatory No 5: Was Plaintiff charged and required to pay damages by the Federal
Trade Commission in 2021 for deception of consumers regarding hidden loan fee and failure to
disclose details of products? Describe the details of the decision and its settlement.
Response: Objection. Information about government agencies is available publicly, and
therefore should not be the burden of the opposing party.
Interrogatory No 6: According to the Ohio Fairness Lending Act, a maximum annual
percentage rate cannot exceed 28%. Please explain the rate imposed and any deviation by
Plaintiff on Defendant, if any, from the law.
Response: Objection. The Ohio Fairness Act does not have jurisdiction in this case.
Please refer to the Personal Borrower Agreement. In Paragraph 20, Choice of Law, it is stated
that the agreement is entered in Utah.
Request 1: Please provide copies of all account statement from opening until present,
with regard to the ORIGINAL CREDITOR account referenced in Plaintiff's complaint.
Response: Objection. Overly burdensome. The original creditor does not routinely keep
such records for more that two (2) years after the date the account is opened. This account was
opened in 2019. Moreover, Plaintiff submits that pursuant to Regulation Z of the Code of Federal
Regulations, a creditor is only required to keep records for two (2) years. See, 12 C.F.R. §
226.25. Monthly statements generated would have been provided to the Defendant would have
reflected-all-charges; fees; principal;-and interest-Notwithstanding objection;-transaction history:
for 7/12/2019 through 2/12/2020 are attached.
Request 2: Please provide any and all copies of assignments concerning the ORIGINAL
CREDITOR account referenced in Plaintiff's complain which supports Plaintiff's claims.Response: Bill of Sale is attached
Request 3: Please produce any and all contracts between Defendant and ORIGINAL
CREDITOR or Plaintiff concerning the ORIGINAL CREDITOR account referred to in
Plaintiff's complaint.
Response: The Defendant’s original agreement was with WebBank
Request 4: Please provide copies of all correspondence between ORIGINAL
CREDITOR or any other alleged assignee/assignor of the debt and any cardholder with the
regard to the ORIGINAL CREDITOR account referred to in Plaintiff's complaint.
Response: See Attached
Request 5: Please provide copies of all application documents and supporting documents
used in Plaintiff's decision to grant credit to Defendant
Response: See Attached
Request 6: Please provide Plaintiff's 2019, 2020, and 2021 annual publications of public
information regarding: (a) The total number of borrowers, loans, defaulted loans, and charged-
off loans and the total dollar value of the charged-off loans; (b) The average loan size, average
contracted and average experienced annual percentage rate, average charges per loan, total
contracted loan charges, and total loan charges actually paid; (c) The total number of check
collection charges and the total dollar value of those charges; (d) The total number of licensee
business locations and the average number of borrowers per location.
Response: Objection. This information is publicly available, and therefore shou!d not be
the burden of the opposing party.
Request 1: Admit PLAINTIFF does not have supporting documentation of Plaintiff's
due diligence to verify Defendant’s outstanding short-term loan balance of ability to repay
according to the Ohio Fairness in Lending Act.
Response: Admit-This contract-was formed under-laws-of Utah
Request 2: Admit PLAINTIFF cannot prove its lending practices or its actions in
reference to DEFENDANT to be compliance with the Ohio Fair Lending Act.Response: Admit. This contract was formed under laws of Utah
Request 3: Admit PLANTIFF cannot prove a lawful creditor-debtor relationship between
itself and DEFENDANT with regard to the ORIGINAL CREDITOR account referred to in
Plaintiff's complaint.
Response: Deny
Request 4; Admit PLAINTIFF cannot prove its claim against DEFENDANT for monies
allegedly owed on the ORIGINAL CREDITOR account referenced in Plaintiff's complaint.
Response: Deny
Respectfully submitted,
3t fevcuse- 2027
Date
UHG I LLC, assignee of LendingClub
Corporation, as attorney in fact for
WebBank,
Plaintiff By Counsel
Bree W. Ogle (Ok Bar # 0098580)
Atkins & Ogle Law Offices, LC
P.O. Box 300
105 River Vista Drive
Buffalo, WV 25033IN THE BABERTON MUNICIPAL COURT
SUMMIT COUNTY, OHIO OFFIGE aoe GLERK
UHGILLC. Assignee of Lending Club CASE NO ovilB SFG 76 PH 3:22
Plaintiff MURICHEAL CoURy
JUDGE Todd McKenney,2*RBe 7 cng
y AOE ARORSTRSSNA STEVERECH, CLERK
Laura L Villwock
Defendant Magistrate Andrew F Peck
CERTIFICATE OF SERVICE
Thereby certify that I served a true copy-of the forgoing to the Defendant by mail this the
31 day of August 2022 at:
Laura Villwock
3811 Glen Eagles Blvd Apt 312
Summit, OH 44685
Bree W. OglefOhio Bar # 0098580)
Atkins & Ogle Law Offices, LC
P.O. Box 300
105 River Vista Drive
Buffalo, WV 25033ba
IN THE BARBERTON MUNICIPAL COURT
SUMMIT COUNTY, OHIO ormep ith 0
PIE EP yy
UGH I, ASSIGNEE OF LENDING ) Case No: CVF 2101617 U8 30. PH bs !
CLUB, CORP. ) MuMoyra,
) Magistrate Andrew Peck: ah on oot
Plaintiff ) ANAS. VENSON, Chere
)
vs. )
) MAGISTRATE’S ORDER
LAURA VILLWOCK )
)
Defendant )
This matter came before the Court upon Defendant's motion to transfer
the case to the Summit County Common Pleas Court filed on August 3, 2022.
The Court finds that Plaintiff shall have until on or before September 12,
2022 to file a response to the motion. The Court will rule on the motion after that
time.
THEREFORE, IT IS ORDERED that Plaintiff shall have until on or before
September 12, 2022 to file a response to the motion to transfer and the Court will
tule on the motion after that date.
cc: Atty. Bree W. Ogle
Laura VillwockIN THE BARBERTON MUNICIPAL COURT
SUMMIT COUNTY, OHIO FILED
OFFICE OF THE CLERK
2022 AUG 30 AM 8: 31
UHG I, LLC, ASSIGNEE OF Case No.: CVF 21019
LENDING CLUB, CORP.
)
)
)
Plaintiff )
vs. 3
)
LAURA VILLWOCK )
Defendant
JOURNAL ENTRY
In accordance with Civil Rule 53, the Court has independently reviewed
and hereby adopts the Magistrate’s Order filed herein and enters judgment as set
forth below.
e Defendant's motion to require Plaintiffs counsel’s appearance in
person for any future pretrial hearings is denied.
e Defendant's counterclaim will not be considered by the Court
until Defendant files for leave of this Court and any motion to
change venue (or transfer case) will not be considered until
leave is granted.
Pursuant to Rule 58 of the Ohio Rules of Civil Procedure, the Court
hereby directs the Clerk of the Barberton Municipal Court to serve upon all
parties notice of this Order and its date of entry upon the journal.
DATEIN THE BARBERTON MUNICIPAL COURT FILED
SUMMIT COUNTY, OHIO OFFICE CF THE eLepy
2022 AUS 30 AN B: 29
UGH I, ASSIGNEE OF LENDING Case No.: CVF 2101017
MUNICIPAL COURT
)
CLUB, CORP. BARBERTO!
} DIANA STEVENSON tLeRK
Plaintiff ) JUDGE TODD MCKENNEY
)
)
vs. ) ORDER
)
LAURA VILLWOCK )
)
Defendant )
This matter came on for consideration on Defendant's motion for
sanctions filed on August 3, 2022. Plaintiff filed a response to that motion on
August 17; 2022.
The Court has reviewed the motion, Plaintiff's response, and the pleadings
filed in this case, The Court finds that Defendant did not have a proof of service
endorsed on or attached separately to her motion for sanctions, and Plaintiff's
counsel indicated in Plaintiff's response to the motion that she never received a
copy of the motion as required by Civ. R. 5(D). Further, the Court finds that
Defendant did. not attach a statement to her motion for sanctions reciting the
efforts she made to resolve the discovery issues with Plaintiff's counsel prior to ©
filing her motion, pursuant to Civ. R. 37(E). The Court also finds that Plaintiffs
counsel] also stated in her response that she previously supplied Defendant with
all documents and information that counsel had in her possession. Finally, the
Court finds that based upon Defendant's failure to comply with the civil rules cited
above and the response of Plaintiff's counsel, Defendant's motion for sanctions is
denied and/or moot. . .
THEREFORE, IT IS ORDERED that Plaintiff's motion for sanctions is
hereby denied and Defendant's request (motion) for leave to file a counterclaim
is granted. FURTHER, IT IS ORDERED that Plaintiff shall respond to
Defendant's counterclaim on or before September 9, 2022 and a final pretrial will
be scheduled before the Magistrate.Pursuant to Rule 58 of the Ohio Rules of Civil Procedure, the Court
hereby directs the Clerk of the Barberton Municipal Court to serve upon all
parties notice of this order and its date of entry upon the journal.
Cc: Atty. Bree Whipp Ogle
Laura VillwockKe, .
Ke FU pe
hey 4 “oe 2
IN THE BARBERTON MUNICIPAL COURT 7, b ep,
SUMMIT COUNTY, OHIO Myo, de
Pi.
UGH I, ASSIGNEE OF case NOP s01017
LENDING CLUB, CORP. "Ce
PLAINTIFF oa
v. MAGISTRATE PECK
LAURA VILLWOCK.
DEFENDANT
PLAINTIFE’S RESPONSE
TO COURT ORDER
NOW Comes the Plaintiff, by undersigned Counsel, as per Court Order Filed in this
Court on August 5, 2022, and responds as follows:
The Plaintiff is not aware of any Motion of the Defendant for Sanctions. The Plaintiff
has not seen or been served any such copy ofa Motion. The Magistrate’s Present Order
requiring a response to the same is the only indication at this juncture that the Plaintiff has that
any such Motion, or issue, has been raised.
In fact, on July 29, 2022, an attorney in the office of the undersigned counsel spoke with
a representative for the Defendant, quite amicably and fruitfully, and came away with an
understanding that we were reaching multiple options toward resolution. There was no
discussion at all regarding pending Discovery requests.
Plaintiff will assert that ALL information currently in its possession that is at all relevant
to this matter has already been handed over to the Defendant. However, even before seeing the
content of the Defendant’s Motion for Sanctions, the Plaintiff will make every reasonable effort
to either resolve this matter or present acceptable responses in a more forma}format within the
next 10 days.
, Esq. (498580)
Counsel for Plaintiff
Atkins & Ogle Law Offices, LC
Post Office Box 300
Butfalo WV 25033
(304) 937-4919IN THE BARBERTON MUNICIPAL COURT
SUMMIT COUNTY, OHIO
UGH I, ASSIGNEE OF CASE NO: 2101017
LENDING CLUB, CORP.
PLAINTIFF
v. : MAGISTRATE PECK.
LAURA VILLWOCK
DEFENDANT
CERTIFICATE OF SERVICE
Thereby certify that I served a true copy of the foregoing PLAINTIFF'S RESPONSE TO
COURT ORDER on the Defendant by mail this the 17" day of August 22 at the following
address:
Laura L. Villwock
3811 Glen Eagles B]. Apt 312
Untiontown, Ohio 44685
Bree Whipp OMS Esq. (#98580)
Counsel for Plaintiff
Atkins & Ogle Law Offices, LC
Post Office Box 300
Buffalo WV 25033
(304) 937-4919IN THE BARBERTON MUNICIPAL COURT.
SUMMIT COUNTY, OHIO
vag
FILE
OFFICE OF TH
Oo
CLERK
2022 AUG -5 AM IO: 08
my
A GOUET
RTON CHO
UGH I, ASSIGNEE OF ) Case No.: CVF 2101017,
LENDING CLUB, CORP. ) ~ eats
) BIARA STEVENCEN, CLERK
Plaintiff ) Magistrate Andrew Peck
) .
vs... )
) MAGISTRATE'S ORDER
LAURA VILLWOCK ) : .
: )
Defendant )
This matter came before the Court upon Defendant’s motion for sanctions
against Plaintiff for failing to respond to discovery requests filed on August 3,
2022 and on Defendant's motions for leave to file a*counterclaim and for a
change of venue. ,
The Court finds that Plaintiff shall have until on or before August 17, 2022
to file a response to the motions: The Court will rule on the motion after that
date. Further, the Court finds that Plaintiff's motion for summary judgment will be
held in abeyance until the Court rules on Defendant's motion for sanctions.
THEREFORE, IT {S§ ORDERED that Plaintiff shall have until.on or before
August 17, 2022 to file a response to Defendant's motions and Plaintiffs motion
for summary judgment will be held in abeyance until the above motions are ruled
on.
igistrate Andrew F. Peck
cc: Atty. Bree W. Ogle
Laura Villwockade
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2022 AUG -3 AN IO 3
CASENO CVF 2101017 | 7
Uhg | Llc. Assignee of Lending Club )
Plaintiff ) va wo EN
) JUDGE Judge Todd McKenney
)
v Laura L. Vilwock )
} Magistrate Andrew F. Peck
Defendant )
Motion for Sanctions Against Plaintiff
Now comes Defendant, pro se, respectfully requests that sanctions be made against
Plaintiff for failure to respond to interrogatories, request for documents, and request for
admissions sent to Plaintiff and filed with the Court by Defendant on 6/13/2022. These
are still outstanding and necessary for Defendant's case.
Wherefore, Plaintiff is in violation of Civ.R.33 and Defendant requests sanctions to be
made in compliance with Civ.R.37.
SUBMITTED BY:
Chung lt Wack,
Laura L. Villwock, Defendant
3811 Glen Eagles BI., Apt. 312
Uniontown, OH 44685
330-410-1846
cc: Bree W. Ogle, Attorney for PlaintiffIN THE BARBERTON MUNICIPAL COURT __ orice
SUMMIT COUNTY, OHIO
UHG 1 LLC, ASSIGNEE OF LENDING CLUB
AS ATTORNEY IN FACT FOR WEBBANK oye
C/O ATKINS, OGLE LAW OFFICES, LC hal
2022 AUS <3. RHIC 31
P.O, BOX 300 ) CASE NO _CVF 210101017!
BUFFALO, WV 25033 ) Te
Plaintiff ) JUDGE Judge Todd McKenney
} MAGISTRATE Andrew F. Peck
v
)
LAURA L. VILLWOCK )
3811 GLEN EAGLES BL. APT 312 )
UNIONTOWN, OH 44685
Defendant
REQUEST FOR LEAVE TO FILE COUNTER-CLAIM
COMES NOW the defendant, pro se, Laura Villwock, requesting in good faith from the
Court, leave to file counter-claim against the Plaintiff. Defendant states the following:
1. Defendant is requesting leave to file counter-claim as follows: Defendant will seek judgment
against the Plaintiff in the amount of $30,000.00 that includes punitive damages of
$10,000.00 for violation of OH HB 123 the Fairness in Lending Act, $10,000.00 associated
with predatory practices outlined in Fed. Trade Comm'n v. LendingClub Corp., Case No.18-
cv-02454-JSC (N.D. Cal. Jun. 1, 2020), and $10,000.00 for causing mental and physical
distress to Defendant.
2. The loan granted to Defendant on 7/12/2019 was non-compliant with Ohio HB 123, The
Fairness in Lending Act, specifically, Sec. 1321.39(A), 1321.40(B), and 1321.41(R).
3. Plaintiff has failed to notify Defendant of requests and motions that concern this case,
despite being notified by the Defendant and the Court of Defendant's correct address.
Specifically, the request to attend pre-trial by phone and motion for Summary Judgment.
4, Plaintiff was under investigation by the Federal Trade Commission at the time of issuance of
the loan in question for predatory practices. A partial summary judgment was made in federal
court concluding that Lending Club did engage in predatory practices. Consequently, an
agreement to settle claims by consumers was reached between the Federal Trade
Commission and Lending Club, aka Plaintiff herein. [Fed. Trade Comm'n v. LendingClub
Corp., Case No. 18-cv-02454-JSC (N.D. Cal. Jun. 1, 2020)]
5. Plaintiff engaged in similar tactics to engage Defendant prior to, during, and following the
loan process as outlined in Fed. Trade Comm'n v. LendingClub Corp., Case No.18-
cv-02454-JSC (N.D. Cal. Jun. 1, 2020).8. Defendant has experienced serious mental and physical health issues resulting from stress
caused by Plaintiffs predatory practices. Defendant was desperate and preyed upon by the
Plaintiff prior to being granted the loan, but was forced into a mental and physical breakdown as
unreasonable late fees and interest made meeting Plaintiff's demands impossible.
7. In support of Defendant's claim, attached to this request for leave to file are a copy of OH HB
123 the Fairness in Lending Act as Exhibit “A”, a press release from the Federal Trade
Commission (FTC) outlining the case against the Plaintiff and the agreement between the FTC
and Plaintiff as Exhibit “B", and a copy of Defendant's medical record from July, 2020 detailing
an episode of a grand mal seizure caused by situational stress as Exhibit “C”,
Wherefore, Defendant's request for leave to file counter-claim against the Plaintiff and to
seek judgment and compensation in the amount of $30,000.00, exceeds the amount
handled by this Court. Consequently, Defendant respectfully requests leave for this case be
moved to Summit County Court of Common Pleas.
Kr Uae wetk
LAURA L. VILLWOCK
3811 GLEN EAGLES BL. APT 312
UNIONTOWN, OH 44685
ce: Atkins & Ogle Law Offices
Barberton Municipal CourtExhibit A
(132nd General Assembly)
(Substitute House Bill Number 123)
AN ACT
To amend sections 1321.35, 1321.36, 1321.39, 1321.40, 1321.41, 1321.422, 1321.99,
and 4712.99, to enact new section 1321.46 and sections 1321.141, 1321.391,
1321.401, 1321.402, 1321-403, 1321411, 1321.592, and 4712.071, and to repeal
sections 1321.46 and 1321.461 of the Revised Code to modify the Short-Term
Loan Act, to specify a minimum loan amount and duration for loans made under
the Small Loan Law and General Loan Law, and to limit the authority of credit
services organizations to broker extensions of credit for buyers.
Be it enacted by the General Assembly of the State of Ohio:
Section |. That sections 1321.35, 1321.36, 1321.39, 1321.40, 1321.41, 1321.422, 1321.99,
and 4712.99 be amended and new section 1321.46 and sections 1321.141, 1321.391, 1321.401,
1321.402, 1321.403, 1321.411, 1321.592, and 4712.071 of the Revised Code be enacted to read as
follows:
Sec, 1321.141, (A)A licensee shall not make a loan under sections 1321.01 to 1321.19 of the
Revised Code that meets either of the following conditions:
1) The amount of the loan is one thous LI
2) The loan has a duration of one year or less.
(B) A licensee shall not engage in any act or practice fo evade the requirement of division (A)
ection, includin: assisting a borrower to obtain s that woul ited
by that division.
C) No licensee shall fail to comply with this section.
Sec, 1321.35. As used in sections 1321.35 to 1321.48 of the Revised Code:
(A) "Short-term loan” means a loan made pursuant to sections 1321.35 to 1321.48 of the
Revised Code.
(B) “Superintendent of financial institutions" includes the deputy superintendent for
consumer finance as provided in section 1181.21 of the Revised Code.
(C) "Interest" means all charges payable directly or indirectly by a borrower to a licensee as a
condition to a loan, including fees, tean-origination-eharges,service charges, renewal charges, eredit
dastiranee—premiums,and any ancillary product sold in connection with a short-term loan-made-
pursuant -te-seetions 1321-35 to132+48-, but does not include the monthly maintenance fees, the
loan_origination charge, the check collection charge, or the check cashing fee authorized under
section 1321.40 of the Revised Code.
(D) "Annual percentage rate" has the same meaning as in the "Truth in Lending Act," 82 Stat.
149 (1980), 15 U.S.C, 1606, as implemented by regulations of the-beard-of geverners-ef the-federat
feserve-system_consumer financial protection bureau. All fees and charges, including interest and theSub. H. B. No. 123 132nd G.A.
2
loan_origination charge and monthly maintenance fees authorized under_section 1321.40 of the
Revised Code, shall be included in the computation of the annual percentage rate. Fees-and-charges
E) "Licensee" n jicensed to m: HI loans under sections 1321.35 to
1321.48 of the Revised Code.
Sec. 1321.36. (A) No person shall engage in the business of making short-term loans to a
borrower in Ohio, or, in whole or in part, make, offer, or broker a loan, or assist a borrower in Ohio to
obtain such a loan, without first having obtained a license from the superintendent of financial
institutions under sections 1321.35 to 1321.48 of the Revised Code. Neticensee-shaltmake-effer-or
business-and-obtain the disbursement of teantunds-at that teeation Ne person shall make, offer, or
broker a foan, or assist a borrower to obtain a loan, via the telephone;_or mail;-or-internet.
(C) Any loan made in violation of this section is void, and the lender has no right to collect,
receive, or retain any principal, interest, fees, or other charges in connection with the loan.
‘D) Sections 1321.35 to 1321.48 of the Revised Code do not apply to any entity chartered
and lawfully doing business under the authority of any law of this state, another state, or the United
vi trust company, savings and loan association, or credit union, or a
subsidiary of any such entity, which subsidiary is regulated by a federal banking agency and is owned
and controlled by a depository institution.
Sec. 1321.39. A licensee under-seetions 132135-te-1321-48 ofthe Revised Code-may engage
in the business of making loans provided that each loan meets all of the following conditions:
(A) The total amount of the loan does not exceed five-hundred-one thousand dollars.
(8) he Subject to division mn (BN2) of this section. the minimum duration of the loan;-as
ninety-one days and the maximum duration of the Joan is one year,
{2) The minimum duration of the loan may be less than ninety-one days if the total monthly
payment on the loan does not exceed an amount that is six per cent of the borrower's verified gross.
monthly income or seven per cent of the borrower's verified net monthly income, whichever is
Sreater.
(C) The loan is made pursuant to a written loan contract that sets forth the terms and
conditions of the loan. A copy of the loan contract shall be provided to the borrower. The loan
contract shall disclose in a clear and concise manner al) of the following:
(1) The total amount of fees and charges the borrower will be required to pay in connection
with the loan pursuant to the loan contract;
(2) The total amount of each payment, when each payment is due, and the total number of
payments that the borrower will be required to make under the loan contract;
(3) A statement, printed in boldface type of the minimum size of ten points, as follows:
oe
ISub. H. B. No. 123 132nd G.A,
3
"WARNING: The cost of this loan is higher than the average cost charged by financial institutions,
such as banks or credit unions, on substantially similar loans._A financial institution may be able to
offer you a similar loan at a lower cost."
(4) A statement, printed in a minimum font size of ten points, which informs the borrower
that complaints regarding the loan or lender may be submitted to the department of commerce
division of financial institutions and includes the correct telephone number and mailing address for
the department;
(5) Any disclosures required under the "Truth in Lending Act," 82 Stat. 146 (1974), 15 U.S.C.
1601, et seq.;
(61 The
f-annual percentage rate
7) A statement, printed in a minimum font size of ten points, as follows: "You have the right
to rescind or cancel this loan by returning the originally contracted loan amount by five p.m. of the
third business day immediately following the day you enter into this contract.”
(8) A statement, printed in a minimum font size of ten points, as follows: "Electronic payment
is optional. You have the right to revoke or remove your authorization for electronic payment at any
time."
(D) The loan-eentraetineludes-e hat offers_the barre
tothe prevision_is a precomputed Joan and is payable in substi equal installments consisting of
rincipal, fees, and inter urposes of livision, " uted loan" means a
loan in which the debt is a sum comprising the principal amount and the amount of fees and_interest
computed in advance on the assumption that all scheduled payments will be made when due.
(E) The loan may be rescinded or canceled on or before five p.m. of the third business day
immediately following the day of the loan transaction upon the borrower retuming the originally
contracted loan amount.
Sec. 1321.391. If the duration of a short-term Ioan is ninety-one days or greater, the licensee
i mended len: orrower's verified monthly income
as described in division (B)(2) of section 1321.39 of the Revised Cade. The licensee shall provide the
borrower with a written copy of i its recommendation. which i is not binding on the borrawer
Sec, 1321.40. A personticensed purstantte-sections i!
licensee may charge, collect, and receive only the following fees and charges in connection with a
short-term loan:
(A) Interest eateutated-in-eomplianee-with 15--S.C._1606,and-not exceeding—-an-annvatSub. H. B. No. 123 132nd G.A.
4
pereetitage a rate greater than-of twenty-eight per cent_per annum;
(B)(1) Except as otherwise provided in division (B)(2) of this section, a monthly maintenance
fee that does not exceed the lesser of ten per cent of the originally contracted loan amount or thirty
dollars, provided the fee is not added to the loan balance on which interest is charged:
(2) A licensee shal! not charge, collect, or receive a monthly maintenance fee if the borrower
isa person on active duty in the armed forces of the United States or a dependent of that person.
(C) If the originally contracted loan amount is five hundred dollars or more, a loan
charge in th ‘oper cent of the originally contracted loan amount, provided
the loan origination charge is not added to the loan balance on which interest is charged:
{D) One check collection charge per Ioan not exceeding an amount equal to twenty dollars
plus any amount passed on from other financial institutions for each check, negotiable order of
withdrawal, share draft, or other negotiable instrument returned or dishonored for any reason,
provided that the terms and conditions upon which check collection charges will be charged to the
borrower are set forth in the written loan contract described in division (C) of section 321.39 of the
Revised Code;
€@}(E) If a licensee provides the proceeds of a loan in the form of a check, a fee to cash that
check in an amount not exceeding ten dollars;
{F) Damages, costs, and disbursements to which the licensee may become entitled to by law
in connection with any civil action to collect a loan after default, except that the total amount of
damages and costs shall not exceed the originally contracted loan amount.
Sec, 1321.40. A licensee may refinance a short-term loan provided that all of the following
apply to the refinanced loan:
(A) The loan is a short-term loan.
B) Interest on the loan does not exceed a rate of twenty-eight per cent per annum.
(C) The licensee does nat charge, collect, or receive the monthly maintenance fee described
in division (B) of section 1321.40 of the Revised Code.
Sec, 1321.402. If a short-term loan is prepaid in full or refinanced prior to the loan's maturity
date, the licensee shall refun he n_of the interest, m 2
fees. and all other charges based on a ratio of the number of days the loan was outstanding and the.
number of days for which the loan _was originally contracted. For purposes of this section, the
m yt considere I ining of a month.
Sec. 1321.403. Notwithstanding any provision of sections 1321.35 to 1321.48 of the Revised
Code to the contrary, a licensee shall not charge, collect, or receive in connection with a short-term
loan. charges that exceeds sixty per cent of the originally contracted loan
mount, F i i charges made in connection wi included
when calculating the total loan charges except for all of the following:
{A) The check collection charge authorized under section 1321.40 of the Revised Code:
ing fee authorized under section Al i de:
(C) The interest charges on a loan that is refinanced in accordance with section 1321.401 of
the Revised Code.
Sec. 1321.41. No persen-teensed-pursnantte-seetions 132135-to-BH1 48 of the Revised-
€ede-licensee shall do any of the following:Sub. H. B. No. 123 132nd G.A.
5
(A) Violate section 1321.36 of the Revised Code;
(B) Make a loan that does not comply with section 1321.39 of the Revised Code;
(C) Charge, collect, or receive, directly or indirectly, credit insurance premiums. charges for
any ancillary product sold, or any additional fees, interest, or charges in connection with a loan, other
than fees and i charges permitted by se section 1321.40 of the Revised | Code-and-eosts-or disbursements
(D) Collect treble damages pursuant to division (A)(1)(b)(ii) of section 2307.61 of the
Revised Code in connection with any civil action to collect a loan after a default due to a check,
negotiable order of withdrawal, share draft, or other negotiable instrument that was returned or
dishonored for insufficient funds;
(E) Make-Except as otherwise provided in section 1321.401 of the Revised Code, make a
short-term loan to a borrower if there exists an outstanding loan between theicensee—and-that
borrower; if etoan-betweerranyticensee and that borrower-was-terminated- onthe same-business day;
the-berrewer:_and any of the following:
1) The licensee:
2) A person rel icensee by common ow! i trol;
3) Any employee or agent of the licensee,
(F) Bring or threaten to bring an action or complaint against the borrower for the borrower's
failure to comply with the terms of the loan contract solely due to the check, negotiable order of
withdrawal, share draft, or negotiable instrument being returned or dishonored for insufficient funds.
Nothing herein prohibits such conduct, action, or complaint if the borrower has intentionally engaged
in fraud by, including but not limited to, closing or using any closed or false account to evade
payment;
€H} Require the borrower to waive the borrower's right to legal recourse under any otherwise
applicable provision of state or federal law;
HH) Accept the title or registration of a vehicle, real property, physical assets, or other
collateral as security for the obligation;
HT) Engage in any device or subterfuge to evade the requirements of sections 1321.35 to
1321.48 of the Revised Code including assisting a borrower to obtain a loan on terms that would be
prohibited by sections 1321.35 to 1321.48 of the Revised Code, making loans disguised as personal
property sales and leaseback transactions, or disguising loan proceeds as cash rebates for the
pretextual installment sale of goods or services,
€&}(D_Assess or charge a borrower a fee for prepaying the loan in full prior to the maturity
date;
€£}{K) Fail to comply with section 1321.45 of the Revised Code;Sub. H. B. No. 123 132nd G.A.
6
€¥-(L) Recommend to a borrower that the borrower obtain a loan for a dollar amount that is
higher than the borrower has requested;
€O}{M) Draft funds electronically from any depository financial institution in this state-or
bitbany-eredit-eard- issued-by sueh- air institution without written approval of the borrower. Nothing in
this division shall prohibit the conversion of a negotiable instrument into an electronic form for
processing through the automated clearing house system.
(WN) Make, publish, or otherwise disseminate, directly or indirectly, any misleading or
false advertisement, or engage in any other deceptive trade practice;
€Q}{O) Offer any incentive to a borrower in exchange for the borrower taking out multiple
loans over any period of time, or provide a short-term loan at no charge or at a discounted charge as
compensation for any previous or future business-;
€S}-(P) Present a check, negotiable order of withdrawal, share draft, or other negotiable
instrument, that has been previously presented by the licensee and subsequently returned or
dishonored for any reason, without prior written approval from the borrower=;
€FH{Q) Change the check number, or in any other way alter a check, negotiable order of
withdrawal, or share draft, prior to submitting such check, negotiable order of withdrawal, or share
draft for processing through the automated clearing house system, or submit false information about
any check, negotiable order of withdrawal, or share draft to the automated clearing house system;
R) Make a short-term loan to a borrower if the loan will result _in_a total outstanding |
principal of more than two thousand five hundred dollars in s made by licen:
that borrower at any one time. Prior to making a_short=i term loan a licensee shall require each
borrower i wri that ivi the_borrower is eligible to
receive the loan, and shall make a concerted ston to verify the borrower's eligibility.
S) Fail to accept cash or a certified check from_a third party when submitted on behalf of the
borrower for repayment of a short-term loan in full or in part:
(T) Contact_a borrower for_any reason other than for the borrower's benefit regarding
upeomin: ans, payment options, payment due dates, the effect of
default, or, after default, receiving payments or other actions permitted by the licensee: to advise the
borrower of missed payments or dishonored checks; or to assist the transmittal of payments via a
third-party mechanism;
(UJ) In the event that a short-term loan or its servicing is sold or assigned, fail to provide
e information nes m: ents;
V) Make a loan i lemand feature th: rmi
event the borrower fails to meet the repayment terms for any outstanding balance, to terminate the
loan in advance of the original maturity date and to demand repayment of the entire outstanding.
balance, unless both of the following requirements are met:
(1) Not earlier than ten days after the borrower's payment was due, the licensee provides.Sub. H. B. No. 123 132nd G.A.
7
written notice to the bor rminati
(2) In addition to the outstanding balance, the licensee collects only prorated interest and the
fees earned up to the termination of the loan. For purposes of division (V)(2) of this section, the
outstanding balance and prorated interest and fees shall be calculated as if the borrower had
voluntarily prepaid the loan in full on the date of termination.
Sec. 1321.41]. A licensee shali not attempt to collect from a borrower's account after two
consecutive attempts have failed, unless the licensee obtains new written authorization from the
borrower to electronically transfer or withdraw funds from the borrower's account,
Sec. 1321.422, (A) Every licensee shall keep and use in the licensee's business such books,
accounts, records, and loan documents as will enable the division of financial institutions to
determine whether the licensee is complying with sections 1321.35 to 1321.48 of the Revised Code
and with the orders and rules made by the division under those sections. Such books, accounts,
records, and Joan documents shall be segregated from those pertaining to transactions that are not
subject to sections 1321.35 to 1321.48 of the Revised Code. Every licensee shall preserve the books,
accounts, records, and loan documents pertaining to loans made under sections 1321.35 to 1321.48 of
the Revised Code for at least two years after making the final entry on, or final revision of any loan
document relative to, any loan recorded therein, Accounting systems maintained in whole or in part
by mechanical or electronic data processing methods that provide information equivalent to that
otherwise required are acceptable for this purpose.
(B)(1) As required by the superintendent of financial institutions, each licensee shall file with
the division each year a report under oath or affirmation, on forms supplied by the division,
concerning the business and operation for the preceding calendar year. If a licensee has more than
one place of business in this state, the licensee shall furnish a report for each location.
(2) The division shall publish annually and make available to the public an analysis of the
information required under division (B)(1) of this section, but the individual reports shall not be
public records and shall not be open to public inspection. The published analysis shall include all of
the following:
(a) The total number of borrowers, loans, defaulted loans, and charged-off loans and the total
dollar value of the charged-off loans:
tb he average loan size, average contracted and. average experienced annual percentage
location:
information determin rin n
Sec. 1321.46. (A) Before initiating a short-term loan transaction with a borrower, a licensee
shall mak i i e borrower's income for purposes of division (B)(2) of
section 1321.39 and section 1321.39] of the Revised Code. At a minimum, the licensee shall obtain
from the borrower one or more recent pay stubs or other written evidence of recurring income, such
aca bank statement. The written evidence shall include at least one document that, when presented to
the licensee, is dated not earlier than forty- -five days pti jor to the borrower's initiation of the short-
term loan transaction, Tf th licensee shall_permiSub. H. B. No. 123 132nd G.A.
8
the borrower to delete from the statement the information regarding to whom the debits listed on the
statement are payable.
(B) The superintendent of financial institutions may adopt rules under section 1321.43 of the
Revised Code that set forth any other procedures the superintendent considers necessary to ensure
accurate verification of borrower income.
Sec. 1321.592. (A) A registrant shall not make a loan under sections 1321.5] to 1321.60 of
the Revised Code that meets either of the following conditions:
1) The amount of the loan is on:
(2) The loan has a duration of one year or less,
(B)A registrant shall not engage in any act or practice to evade the requirement of division
(A) of this section, including by contracting with a borrower to make a loan on terms that would be
(C) No registrant shall fail to comply with this section.
Sec. 1321.99. (A) Whoever violates section 1321.02 of the Revised Code is guilty of a felony
of the fifth degree.
(B) Whoever violates section 1321.13 of the Revised Code shall be fined not less than one
hundred nor more than five hundred dollars or imprisoned not more than six months, or both.
(C) Whoever violates section 1321.14 of the Revised Code shall be fined not less than fifty
nor more than two hundred dollars for a first offense; for a second offense such person shall be fined
not less than two hundred nor more than five hundred dollars and imprisoned for not more than six
months.
(D) Whoever willfully violates section 1321.57, 1321.58, division (A), (B), or (C) of section
1321.59, 1321.591, or 1321.60 of the Revised Code is guilty of a minor misdemeanor and shall be
fined not less than one nor more than five hundred dollars.
(E)(.) Whoever violates section 1321.63 or division (H), (I), or (K) of section 1321.69 of the
Revised Code is guilty of a felony of the fifth degree.
(2)A violation of section 1321.63 or division (K) of section 1321.69 of the Revised Code is a
strict liability offense and section 2901.20 of the Revised Code does not apply.
(F) Whoever violates division (A) of section 1321.73 of the Revised Code shall be fined not
more than five hundred dollars or imprisoned not more than six months, or-both.
(G) Whoever violates section 1321.41 of the Revised Code is guilty of a misdemeanor of the
first degree.
(H) Whoever violates section 1321.141 or 1321.592 of the Revised Code is guilty of a minor
isdey or and shall be fined not less than one hundred nor in
(1) The offenses established under sections 1321.141, 1321.41, and 1321.592 of the Revised
Code are strict liability offenses and section 2901.20 of the Revised Code does not apply. The
designation of these offenses as strict liability offenses shall not be construed to imply that any other
offense for which there is no specified degree of culpability, whether in this section or another
section of the Revised Code, is not a strict liability offense.
(J) The imposition of fines pursuant to this section does not preclude the imposition of any
administrative fines or civil penalties authorized under section 1321.54 or any other section of the
Revised Code.Sub. H. B. No. 123 132nd G.A.
9
Sec. 4712.071, No credit services organization shall sell, provide, or perform any of the
services authorized under division (C)(1) of section 4712.01 of the Revised Code in connection with
an extension of credit that meets any of the following conditions:
(A) The amount of credit is less than five th
Preview
. . { stare OF OHIO SANDRA KURT . COUNTY OF SUMMIT 2022 SEP } 3 AN IO: 5 ) UGH I, ASSIGNEE OF LENDING SRY! COUN CASE #CVF2101071 CLERK QE COURTS JUDGE ALISON M. BREAUX 2022 09 3287 -VS- SUMMIT COUNTY COURT OF COMMON PLEAS LAURA VILLWOCK. Bremer I THE UNDERSIGNED, CLERK OF THE BARBERTON MUNICIPAL COURT, IN AND FOR SAID COUNTY DO HEREBY CERTIFY THAT THE FOREGOING IS A TRUE TRANSCRIPT OF THE DOCKET AND JOURNAL ENTRIES AND ALL THE PROCEEDINGS OF SAID COURT IN THE ABOVE CASE. IN TESTIMONY WHEREOF, I HAVE HERE UNTO SET MY HAND AND AFFIXED THE SEAL OF SAID COURT AT THE COURT HOUSE, IN BARBERTON, OHIO THIS 14TH DAY OF SEPTEMBER 2022 DIANA M. STEVENSON, CLERK OF COURTS CLD. PREPARED BY: ASHLEY CARR, DEPUTY CLERKDate: 09/14/22 eR Case Number Plaintiff(s): Defendant (s): Docket Entry Listing Page: CVF 2101071 Capital One Bank Usa N A Shultz, Lindsey M 0771272021 07/13/2021 07/20/2021 09/15/2021 09/20/2021 09/21/2021 10/25/2021 10/27/2021 11/18/2021 12/01/2021 12/22/2021 02/23/2022 02/24/2022 02/28/2022 AMOUNT REQUESTED FOR JUDGMENT $2689.36 COMPLAINT FILED WITH COURT ON BEHALF OF THE PLAINTIFF BY ATTORNEY WEINBERG CIVIL FILING FEE FOR 1 DEFENDANT $156.00 PAYMENT - RECEIPT NO. 2104880 IN THE AMOUNT OF $ 156.00 SUMMONS SENT BY CERTIFIED MAIL TO THE DEFENDANT (S) DEFENDANT SERVED WITH SUMMONS BY CERTIFIED MAIL ON 07/17/2021 SIGNED BY LINDSEY SHULTZ C19 MOTION FOR DEFAULT JUDGMENT FILED BY ATTORNEY HEAD DISPOSITIVE MOTION FILING FEE - $25.00 PAYMENT - RECEIPT NO, 2106501 IN THE AMOUNT OF $ 25.00 DEFAULT JUDGMENT GRANTED IN FAVOR OF PLAINTIFF(S) AND AGAINST THE DEFENDANT(S) IN THE AMOUNT OF $2689.36 PLUS COSTS. JUDGE MCKENNEY. NOTICE OF JUDGMENT FILED SENT TO ALL PARTIES REQUEST FOR A CERTIFICATE OF JUDGMENT LIEN FILED BY ATTORNEY HEAD. CERTIFICATE OF JUDGMENT LIEN FILING FEE $10.00 PAYMENT - RECEIPT NO. 2107639 IN THE AMOUNT OF $ 10.00 CERTIFICATE OF JUDGMENT LIEN ISSUED TO ATTORNEY. GARNISHMENT FILING FEE, JUDGMENTS UNDER $3000.00 $60.00 PAYMENT - RECEIPT NO. 2108136 IN THE AMOUNT OF $ 60.00 GARNISHMENT SENT BY CERTIFIED MAIL TO USPS (DIGITAL RECORD MAY INCLUDE COPIES ISSUED TO PARTIES; NOT KEPT IN COURT FILE) CERTIFIED SERVICE OF WAGE GARNISHMENT DELIVERED ON 11/22/21 TO USPS SIGNED FOR BY KIM HIBERTY ANSWER OF GARNISHEE; NOTICE SENT TO ATTORNEY REQUEST TO RESEND GARNISHMENT BY CERTIFIED MAIL WRIT OF GARNISHMENT TO EMPLOYER BY CERTIFIED MAIL $10.00 PAYMENT - RECEIPT NO. 2201367 IN THE AMOUNT OF $ 10.00 CERTIFICATE OF JUDGMENT LIEN RETURNED FROM SUMMIT COUNTY CLERK OF COURTS, FILED WITH THE SUMMIT COUNTY CLERK OF COURTS. JL-2022-1695Date: 09/14/22 Docket Entry Listing Page: Aur e 03/08/2022 CERTIFIED SERVICE OF WAGE GARNISHMENT DELIVERED ON 02/28/22 TO USPS SIGNED FOR BY PAUL H(ILLEGIBLE) SON 04/11/2022 ANSWER OF GARNISHEE (RELEASE RECEIVED BEFORE COPY WAS ISSUED TO ATTORNEY) 04/12/2022 RELEASE OF GARNISHMENT FILED BY ATTORNEY WEINBERG RELEASE OF GARNISHMENT SENT TO USPS (ALSO SENT BY FAX TO NUMBER PROVIDED ON ANSWER) 05/02/2022 : RECELVED AFTER RELEASE286.99 PAYMENT - RECEIPT NO. 2203207 IN THE AMOUNT OF $ 286.99 05/16/2022 CHECK NUMBER 51299 WRITTEN TO SHULTZ, LINDSEY M $ 286.99 OF WHICH WAS FROM THIS CASE: heen 11 Punicipa' ¢ cnt | mr POM EZ TU TUTE oR OT pees ACTIONS MONEY” © 777 ~EATNTANT: ~-aB72-23 ~ , be Pi: Uhg I Lic, Assignee Of Lending HEARING: FILED:~ 06/28/2021 { Club Corp” CVF2101017 : P.O. Box 300 Buffalo, Wv 25033 .|DEF1: Villwock, Laura ! 3811 Glen Eagles Blvd Apt 312 : Uniontown, Oh 44685 ATTY: OGL — Bree W Ogle, Esq (304) 937- 4919 i P.0. Box 300 ATTY Buffalo, Wy 25033 DEF2 P2: . ; " he ! f : ATTY Trial Set For | — DISPOSITION2 - Ghar LAINT FILED SUMMGH ISSUED e soca i \ Notification censure y of no service on detenval PRABCIPE PILED Fun. S . cree a = Vo 5 Lay the o “of CERTIE LSERVECE QAILE 5 : Oy Tale xt REGULAR MAIL SERVICE DEPUTY CLERI 7 rE 0 BAILIFF SERVICE oA 7 - VW PERSONAL PROCESS SEvy Ee: \a-o1- d\ MOTION FOR DEFAGLT JUDGMENT Ac. 3 . Aa . 2 - : : ce oy coated ab lan. \-an-aa eter te *xk ooide Jae dakoutl depron WeaA-A POR a Ul Slle-d2 bb oe * N> mikind fe Coa Dall rule. hee ~ Coped sort. : veld Si a B28 29 aAGisTRATE ‘s okGSiGn, P= COPIES MAILED TO PARTIES 3°3-32 Bo answer Sled -A 34.29 SE° A> mdten 16 vacate 2 TO a iprtedich fo Re (obed ert 4 CCAS S|29:30 Cope a evolrtal 4-20-22 @ 2: Blam, we Neboes | s-uha0 Requecl te agpen ‘on frome fled Ay Oat. Bea Pepearance lay Gro etasteds A rcdli) F fof SHOWII : | ar Tyavee + 4. ae 2 Prekriak pee W20 da W's caQeava) lay A b axeeor ds » Seed Wek el eb 1S'pa@a: \heos seut U- ve 9a NRC cf Servloe A cul lek Preduchy, of Cccumants, 1 ce 2 Keri Lyd v9.09 der ‘Barren ydgwent S.J: ay ob oer: or Feo er Sie Ge Stes, Be 7. 2 POOF Ay |4. OB- sanier, tp doewy onure Soe sun (ns re -A 1 este te vege oe a perso fled - A eder. 4. or SS. MAGISTRATE'S BECISION, a Pe COPIES MAILED TO PARTIES % 3:38 Gy leave. to Fle caster chim Gd-4 3: 3 aac yan tN sandions a bo afo } +-SARBERTON MUNICIPAL COURT 576 West Park Avenue, 205 Barberton, Ohio 44203 (330) 753-2261 www. cityofbarberton.com/clerkofcourts Laura Villwock Uhg I Lic, Assignee Of Lending P.O. BOX 300 BUFFALO, WV 25033 Plaintiff (s) Case: CVF 2101017 ~V- CoOsT STATEMENT Villwock, Laura Todd McKenney 3811 GLEN EAGLES BLVD APT 312 Judge UNIONTOWN, OH 44685 Defendant (s) Please be advised that $35.00 is owed to the above-named Court for TRANSFER TO SUMMIT COUNTY COMMON PLEAS Date of Judgment or Dismissal: 09/14/2022 This bill is due and should be paid within 30 days. Date: Sep 14, 2022 Dinan n dir, by: Diana M. Stevenson Clerk RETURN THIS STATEMENT WITH REMITTANCE ee De liom?eo ey Lo IN THE BARBERTON MUNICIPAL COURT SUMMIT COUNTY, OHIO. UGH I, ASSIGNEE OF LENDING FILED OFFICE OF Te CLERK Case No.: CVF 2101017 999 gem 1, AN 10: 16 ) CLUB, CORP. ) fr ) RURIORAL court Plaintiff ) JUDGE TODD MCKENNEY BARBERTON onic Cae HO NA STEVENSON, CLERK vs, ) ORDER OF TRANSFER LAURA VILLWOCK ) ) Defendant ) This cause came before the Court on Defendant's motion to transfer the case to the Summit County Common Pleas Court filed on August 3, 2022. Plaintiff was given until September 12, 2022 to file a response to the motion, but no response was filed by Plaintiff. : The Court has reviewed the motion and the pleadings filed in this case. The Court finds that Defendant's counterclaim and her prayer for relief is in excess of $15,000.00, which is above this Court's monetary jurisdiction. Thus, the complaint shall be transferred to the Summit County Court of Common Pleas. THEREFORE, IT IS ORDERED that Defendant's motion to transfer the case to the Summit County Common Pleas Court is granted, and Defendant shall pay any additional court costs associated with the transfer. FURTHER, IT IS ORDERED that Plaintiff's motion for summary judgment will continue to be held in abeyance until the case is transferred to Summit County Common Pleas Court Pursuant to Rule 58 of the Ohio Rules of Civil Procedure, the Court hereby directs the Clerk of the Barberton Municipal Court to serve upon all parties notice of this Order and its date of entry upon the journal. pts P2a,, hye IT IS SO ORDERED. ce: Atty. Bree W. Ogle Laura VillwockIN THE BABERTON MUNICIPAL COURT FILE SUMMIT COUNTY, OHIO OFFICE ote CLERK UHGILLC, Assienee of Lending Club CASE No CVESI SERS PM 3: 22 Plaintiff MUNIOPAL couaT JUDGE Todd McKenney fA8Ee8 031 ORIG Vv AANA S$ SOM, SLERK Laura L Villwock Defendant Magistrate Andrew F Peck PLAINTIFF’S RESPONSE TO DEFENDANT’S DISCOVERY REQUEST TO PLAINTIFF Now comes the Plaintiff UHG I LLC. Assignee of Lending Club, by counsel, and responds to Defendant Laura L Villwock, Request for Production of Documents, and Request of Admissions, First Set to Plaintiff UHG I LLC. Assignee of Lending Club as follows: Interrogatory No 1: State the name, address, phone number, and place of employment of the person answering these interrogatories Response: James Atkins, Esquire 105 River Vista Drive, Buffalo, WV 25033 (304) 937-4919 Atkins & Ogle Law Offices, LC Interrogatory No 2: How did DEFENDANT qualify for the credit account she allegedly received, which is the ORIGINAL CREDITOR account referred to in Plaintiff's complaint? Response: The Defendant applied for the alleged credit online with authorization to a standard credit report. Interrogatory No 3: What reasonable action did Plaintiff make to confirm Defendant did not owe more than the $2,500 in short term loans at the time of the loan’s origination as allowed pursuant to the Ohio Fairness in Lending Act? Response: The Plaintiff made confirmation by using a credit check and standard questionnaire in the credit application. Interrogatory No 4: Identify and attach hereto each and every Exhibit you intend to introduce at any deposition, hearing and/or trial in this matter.Response: _Please the following list of Exhibits attached Exhibit A : Loan Summary Personal Auth for Auto Pay Personal Borrower Agreement Personal Credit Profile Authorization Personal Credit Score Notice Personal Truth in Lending Disclosure Statement Shared Term of Use Transaction History Bill of Sale compe he ae FP Interrogatory No 5: Was Plaintiff charged and required to pay damages by the Federal Trade Commission in 2021 for deception of consumers regarding hidden loan fee and failure to disclose details of products? Describe the details of the decision and its settlement. Response: Objection. Information about government agencies is available publicly, and therefore should not be the burden of the opposing party. Interrogatory No 6: According to the Ohio Fairness Lending Act, a maximum annual percentage rate cannot exceed 28%. Please explain the rate imposed and any deviation by Plaintiff on Defendant, if any, from the law. Response: Objection. The Ohio Fairness Act does not have jurisdiction in this case. Please refer to the Personal Borrower Agreement. In Paragraph 20, Choice of Law, it is stated that the agreement is entered in Utah. Request 1: Please provide copies of all account statement from opening until present, with regard to the ORIGINAL CREDITOR account referenced in Plaintiff's complaint. Response: Objection. Overly burdensome. The original creditor does not routinely keep such records for more that two (2) years after the date the account is opened. This account was opened in 2019. Moreover, Plaintiff submits that pursuant to Regulation Z of the Code of Federal Regulations, a creditor is only required to keep records for two (2) years. See, 12 C.F.R. § 226.25. Monthly statements generated would have been provided to the Defendant would have reflected-all-charges; fees; principal;-and interest-Notwithstanding objection;-transaction history: for 7/12/2019 through 2/12/2020 are attached. Request 2: Please provide any and all copies of assignments concerning the ORIGINAL CREDITOR account referenced in Plaintiff's complain which supports Plaintiff's claims.Response: Bill of Sale is attached Request 3: Please produce any and all contracts between Defendant and ORIGINAL CREDITOR or Plaintiff concerning the ORIGINAL CREDITOR account referred to in Plaintiff's complaint. Response: The Defendant’s original agreement was with WebBank Request 4: Please provide copies of all correspondence between ORIGINAL CREDITOR or any other alleged assignee/assignor of the debt and any cardholder with the regard to the ORIGINAL CREDITOR account referred to in Plaintiff's complaint. Response: See Attached Request 5: Please provide copies of all application documents and supporting documents used in Plaintiff's decision to grant credit to Defendant Response: See Attached Request 6: Please provide Plaintiff's 2019, 2020, and 2021 annual publications of public information regarding: (a) The total number of borrowers, loans, defaulted loans, and charged- off loans and the total dollar value of the charged-off loans; (b) The average loan size, average contracted and average experienced annual percentage rate, average charges per loan, total contracted loan charges, and total loan charges actually paid; (c) The total number of check collection charges and the total dollar value of those charges; (d) The total number of licensee business locations and the average number of borrowers per location. Response: Objection. This information is publicly available, and therefore shou!d not be the burden of the opposing party. Request 1: Admit PLAINTIFF does not have supporting documentation of Plaintiff's due diligence to verify Defendant’s outstanding short-term loan balance of ability to repay according to the Ohio Fairness in Lending Act. Response: Admit-This contract-was formed under-laws-of Utah Request 2: Admit PLAINTIFF cannot prove its lending practices or its actions in reference to DEFENDANT to be compliance with the Ohio Fair Lending Act.Response: Admit. This contract was formed under laws of Utah Request 3: Admit PLANTIFF cannot prove a lawful creditor-debtor relationship between itself and DEFENDANT with regard to the ORIGINAL CREDITOR account referred to in Plaintiff's complaint. Response: Deny Request 4; Admit PLAINTIFF cannot prove its claim against DEFENDANT for monies allegedly owed on the ORIGINAL CREDITOR account referenced in Plaintiff's complaint. Response: Deny Respectfully submitted, 3t fevcuse- 2027 Date UHG I LLC, assignee of LendingClub Corporation, as attorney in fact for WebBank, Plaintiff By Counsel Bree W. Ogle (Ok Bar # 0098580) Atkins & Ogle Law Offices, LC P.O. Box 300 105 River Vista Drive Buffalo, WV 25033IN THE BABERTON MUNICIPAL COURT SUMMIT COUNTY, OHIO OFFIGE aoe GLERK UHGILLC. Assignee of Lending Club CASE NO ovilB SFG 76 PH 3:22 Plaintiff MURICHEAL CoURy JUDGE Todd McKenney,2*RBe 7 cng y AOE ARORSTRSSNA STEVERECH, CLERK Laura L Villwock Defendant Magistrate Andrew F Peck CERTIFICATE OF SERVICE Thereby certify that I served a true copy-of the forgoing to the Defendant by mail this the 31 day of August 2022 at: Laura Villwock 3811 Glen Eagles Blvd Apt 312 Summit, OH 44685 Bree W. OglefOhio Bar # 0098580) Atkins & Ogle Law Offices, LC P.O. Box 300 105 River Vista Drive Buffalo, WV 25033ba IN THE BARBERTON MUNICIPAL COURT SUMMIT COUNTY, OHIO ormep ith 0 PIE EP yy UGH I, ASSIGNEE OF LENDING ) Case No: CVF 2101617 U8 30. PH bs ! CLUB, CORP. ) MuMoyra, ) Magistrate Andrew Peck: ah on oot Plaintiff ) ANAS. VENSON, Chere ) vs. ) ) MAGISTRATE’S ORDER LAURA VILLWOCK ) ) Defendant ) This matter came before the Court upon Defendant's motion to transfer the case to the Summit County Common Pleas Court filed on August 3, 2022. The Court finds that Plaintiff shall have until on or before September 12, 2022 to file a response to the motion. The Court will rule on the motion after that time. THEREFORE, IT IS ORDERED that Plaintiff shall have until on or before September 12, 2022 to file a response to the motion to transfer and the Court will tule on the motion after that date. cc: Atty. Bree W. Ogle Laura VillwockIN THE BARBERTON MUNICIPAL COURT SUMMIT COUNTY, OHIO FILED OFFICE OF THE CLERK 2022 AUG 30 AM 8: 31 UHG I, LLC, ASSIGNEE OF Case No.: CVF 21019 LENDING CLUB, CORP. ) ) ) Plaintiff ) vs. 3 ) LAURA VILLWOCK ) Defendant JOURNAL ENTRY In accordance with Civil Rule 53, the Court has independently reviewed and hereby adopts the Magistrate’s Order filed herein and enters judgment as set forth below. e Defendant's motion to require Plaintiffs counsel’s appearance in person for any future pretrial hearings is denied. e Defendant's counterclaim will not be considered by the Court until Defendant files for leave of this Court and any motion to change venue (or transfer case) will not be considered until leave is granted. Pursuant to Rule 58 of the Ohio Rules of Civil Procedure, the Court hereby directs the Clerk of the Barberton Municipal Court to serve upon all parties notice of this Order and its date of entry upon the journal. DATEIN THE BARBERTON MUNICIPAL COURT FILED SUMMIT COUNTY, OHIO OFFICE CF THE eLepy 2022 AUS 30 AN B: 29 UGH I, ASSIGNEE OF LENDING Case No.: CVF 2101017 MUNICIPAL COURT ) CLUB, CORP. BARBERTO! } DIANA STEVENSON tLeRK Plaintiff ) JUDGE TODD MCKENNEY ) ) vs. ) ORDER ) LAURA VILLWOCK ) ) Defendant ) This matter came on for consideration on Defendant's motion for sanctions filed on August 3, 2022. Plaintiff filed a response to that motion on August 17; 2022. The Court has reviewed the motion, Plaintiff's response, and the pleadings filed in this case, The Court finds that Defendant did not have a proof of service endorsed on or attached separately to her motion for sanctions, and Plaintiff's counsel indicated in Plaintiff's response to the motion that she never received a copy of the motion as required by Civ. R. 5(D). Further, the Court finds that Defendant did. not attach a statement to her motion for sanctions reciting the efforts she made to resolve the discovery issues with Plaintiff's counsel prior to © filing her motion, pursuant to Civ. R. 37(E). The Court also finds that Plaintiffs counsel] also stated in her response that she previously supplied Defendant with all documents and information that counsel had in her possession. Finally, the Court finds that based upon Defendant's failure to comply with the civil rules cited above and the response of Plaintiff's counsel, Defendant's motion for sanctions is denied and/or moot. . . THEREFORE, IT IS ORDERED that Plaintiff's motion for sanctions is hereby denied and Defendant's request (motion) for leave to file a counterclaim is granted. FURTHER, IT IS ORDERED that Plaintiff shall respond to Defendant's counterclaim on or before September 9, 2022 and a final pretrial will be scheduled before the Magistrate.Pursuant to Rule 58 of the Ohio Rules of Civil Procedure, the Court hereby directs the Clerk of the Barberton Municipal Court to serve upon all parties notice of this order and its date of entry upon the journal. Cc: Atty. Bree Whipp Ogle Laura VillwockKe, . Ke FU pe hey 4 “oe 2 IN THE BARBERTON MUNICIPAL COURT 7, b ep, SUMMIT COUNTY, OHIO Myo, de Pi. UGH I, ASSIGNEE OF case NOP s01017 LENDING CLUB, CORP. "Ce PLAINTIFF oa v. MAGISTRATE PECK LAURA VILLWOCK. DEFENDANT PLAINTIFE’S RESPONSE TO COURT ORDER NOW Comes the Plaintiff, by undersigned Counsel, as per Court Order Filed in this Court on August 5, 2022, and responds as follows: The Plaintiff is not aware of any Motion of the Defendant for Sanctions. The Plaintiff has not seen or been served any such copy ofa Motion. The Magistrate’s Present Order requiring a response to the same is the only indication at this juncture that the Plaintiff has that any such Motion, or issue, has been raised. In fact, on July 29, 2022, an attorney in the office of the undersigned counsel spoke with a representative for the Defendant, quite amicably and fruitfully, and came away with an understanding that we were reaching multiple options toward resolution. There was no discussion at all regarding pending Discovery requests. Plaintiff will assert that ALL information currently in its possession that is at all relevant to this matter has already been handed over to the Defendant. However, even before seeing the content of the Defendant’s Motion for Sanctions, the Plaintiff will make every reasonable effort to either resolve this matter or present acceptable responses in a more forma}format within the next 10 days. , Esq. (498580) Counsel for Plaintiff Atkins & Ogle Law Offices, LC Post Office Box 300 Butfalo WV 25033 (304) 937-4919IN THE BARBERTON MUNICIPAL COURT SUMMIT COUNTY, OHIO UGH I, ASSIGNEE OF CASE NO: 2101017 LENDING CLUB, CORP. PLAINTIFF v. : MAGISTRATE PECK. LAURA VILLWOCK DEFENDANT CERTIFICATE OF SERVICE Thereby certify that I served a true copy of the foregoing PLAINTIFF'S RESPONSE TO COURT ORDER on the Defendant by mail this the 17" day of August 22 at the following address: Laura L. Villwock 3811 Glen Eagles B]. Apt 312 Untiontown, Ohio 44685 Bree Whipp OMS Esq. (#98580) Counsel for Plaintiff Atkins & Ogle Law Offices, LC Post Office Box 300 Buffalo WV 25033 (304) 937-4919IN THE BARBERTON MUNICIPAL COURT. SUMMIT COUNTY, OHIO vag FILE OFFICE OF TH Oo CLERK 2022 AUG -5 AM IO: 08 my A GOUET RTON CHO UGH I, ASSIGNEE OF ) Case No.: CVF 2101017, LENDING CLUB, CORP. ) ~ eats ) BIARA STEVENCEN, CLERK Plaintiff ) Magistrate Andrew Peck ) . vs... ) ) MAGISTRATE'S ORDER LAURA VILLWOCK ) : . : ) Defendant ) This matter came before the Court upon Defendant’s motion for sanctions against Plaintiff for failing to respond to discovery requests filed on August 3, 2022 and on Defendant's motions for leave to file a*counterclaim and for a change of venue. , The Court finds that Plaintiff shall have until on or before August 17, 2022 to file a response to the motions: The Court will rule on the motion after that date. Further, the Court finds that Plaintiff's motion for summary judgment will be held in abeyance until the Court rules on Defendant's motion for sanctions. THEREFORE, IT {S§ ORDERED that Plaintiff shall have until.on or before August 17, 2022 to file a response to Defendant's motions and Plaintiffs motion for summary judgment will be held in abeyance until the above motions are ruled on. igistrate Andrew F. Peck cc: Atty. Bree W. Ogle Laura Villwockade SOAR MAGISTRATE'S BEGSON, fe COPIES MAILED TO PARTIES 807. BaWP'S tesa So Couk order OQ). Mhy B- o80rder R's een Ron for Sey as domed, Ae comberclelan on etal a respec, tp Ns es Cowen before, OF FAL +e \ Oe “oe. eek eke, / ‘skola we fies SUA M 8 20-38 ST: As mike bp x iro. (PS CounselS aveg © An © fers Rony Racare. orete\) wv \ . oe Sean A eae @ ee mor Cl) weroet wi ae lo Gebers Wim \gave \S ope se.) b: 2 aa [hor eh Caer hae, Pld Moms Re wa We. Cones neko nedliu Ffro fo WY 90-%s 5 "eps to Ns diconry regussk sp Llab Ot Rte Carmen pleas oF ared Ce et om Whur [CSB a0 MAIL # DEPUTY CLERK DATE_G}+ °IN THE BARBERTON MUNICIPAL COURT SUMMIT COUNTY, OHIO ch 2022 AUG -3 AN IO 3 CASENO CVF 2101017 | 7 Uhg | Llc. Assignee of Lending Club ) Plaintiff ) va wo EN ) JUDGE Judge Todd McKenney ) v Laura L. Vilwock ) } Magistrate Andrew F. Peck Defendant ) Motion for Sanctions Against Plaintiff Now comes Defendant, pro se, respectfully requests that sanctions be made against Plaintiff for failure to respond to interrogatories, request for documents, and request for admissions sent to Plaintiff and filed with the Court by Defendant on 6/13/2022. These are still outstanding and necessary for Defendant's case. Wherefore, Plaintiff is in violation of Civ.R.33 and Defendant requests sanctions to be made in compliance with Civ.R.37. SUBMITTED BY: Chung lt Wack, Laura L. Villwock, Defendant 3811 Glen Eagles BI., Apt. 312 Uniontown, OH 44685 330-410-1846 cc: Bree W. Ogle, Attorney for PlaintiffIN THE BARBERTON MUNICIPAL COURT __ orice SUMMIT COUNTY, OHIO UHG 1 LLC, ASSIGNEE OF LENDING CLUB AS ATTORNEY IN FACT FOR WEBBANK oye C/O ATKINS, OGLE LAW OFFICES, LC hal 2022 AUS <3. RHIC 31 P.O, BOX 300 ) CASE NO _CVF 210101017! BUFFALO, WV 25033 ) Te Plaintiff ) JUDGE Judge Todd McKenney } MAGISTRATE Andrew F. Peck v ) LAURA L. VILLWOCK ) 3811 GLEN EAGLES BL. APT 312 ) UNIONTOWN, OH 44685 Defendant REQUEST FOR LEAVE TO FILE COUNTER-CLAIM COMES NOW the defendant, pro se, Laura Villwock, requesting in good faith from the Court, leave to file counter-claim against the Plaintiff. Defendant states the following: 1. Defendant is requesting leave to file counter-claim as follows: Defendant will seek judgment against the Plaintiff in the amount of $30,000.00 that includes punitive damages of $10,000.00 for violation of OH HB 123 the Fairness in Lending Act, $10,000.00 associated with predatory practices outlined in Fed. Trade Comm'n v. LendingClub Corp., Case No.18- cv-02454-JSC (N.D. Cal. Jun. 1, 2020), and $10,000.00 for causing mental and physical distress to Defendant. 2. The loan granted to Defendant on 7/12/2019 was non-compliant with Ohio HB 123, The Fairness in Lending Act, specifically, Sec. 1321.39(A), 1321.40(B), and 1321.41(R). 3. Plaintiff has failed to notify Defendant of requests and motions that concern this case, despite being notified by the Defendant and the Court of Defendant's correct address. Specifically, the request to attend pre-trial by phone and motion for Summary Judgment. 4, Plaintiff was under investigation by the Federal Trade Commission at the time of issuance of the loan in question for predatory practices. A partial summary judgment was made in federal court concluding that Lending Club did engage in predatory practices. Consequently, an agreement to settle claims by consumers was reached between the Federal Trade Commission and Lending Club, aka Plaintiff herein. [Fed. Trade Comm'n v. LendingClub Corp., Case No. 18-cv-02454-JSC (N.D. Cal. Jun. 1, 2020)] 5. Plaintiff engaged in similar tactics to engage Defendant prior to, during, and following the loan process as outlined in Fed. Trade Comm'n v. LendingClub Corp., Case No.18- cv-02454-JSC (N.D. Cal. Jun. 1, 2020).8. Defendant has experienced serious mental and physical health issues resulting from stress caused by Plaintiffs predatory practices. Defendant was desperate and preyed upon by the Plaintiff prior to being granted the loan, but was forced into a mental and physical breakdown as unreasonable late fees and interest made meeting Plaintiff's demands impossible. 7. In support of Defendant's claim, attached to this request for leave to file are a copy of OH HB 123 the Fairness in Lending Act as Exhibit “A”, a press release from the Federal Trade Commission (FTC) outlining the case against the Plaintiff and the agreement between the FTC and Plaintiff as Exhibit “B", and a copy of Defendant's medical record from July, 2020 detailing an episode of a grand mal seizure caused by situational stress as Exhibit “C”, Wherefore, Defendant's request for leave to file counter-claim against the Plaintiff and to seek judgment and compensation in the amount of $30,000.00, exceeds the amount handled by this Court. Consequently, Defendant respectfully requests leave for this case be moved to Summit County Court of Common Pleas. Kr Uae wetk LAURA L. VILLWOCK 3811 GLEN EAGLES BL. APT 312 UNIONTOWN, OH 44685 ce: Atkins & Ogle Law Offices Barberton Municipal CourtExhibit A (132nd General Assembly) (Substitute House Bill Number 123) AN ACT To amend sections 1321.35, 1321.36, 1321.39, 1321.40, 1321.41, 1321.422, 1321.99, and 4712.99, to enact new section 1321.46 and sections 1321.141, 1321.391, 1321.401, 1321.402, 1321-403, 1321411, 1321.592, and 4712.071, and to repeal sections 1321.46 and 1321.461 of the Revised Code to modify the Short-Term Loan Act, to specify a minimum loan amount and duration for loans made under the Small Loan Law and General Loan Law, and to limit the authority of credit services organizations to broker extensions of credit for buyers. Be it enacted by the General Assembly of the State of Ohio: Section |. That sections 1321.35, 1321.36, 1321.39, 1321.40, 1321.41, 1321.422, 1321.99, and 4712.99 be amended and new section 1321.46 and sections 1321.141, 1321.391, 1321.401, 1321.402, 1321.403, 1321.411, 1321.592, and 4712.071 of the Revised Code be enacted to read as follows: Sec, 1321.141, (A)A licensee shall not make a loan under sections 1321.01 to 1321.19 of the Revised Code that meets either of the following conditions: 1) The amount of the loan is one thous LI 2) The loan has a duration of one year or less. (B) A licensee shall not engage in any act or practice fo evade the requirement of division (A) ection, includin: assisting a borrower to obtain s that woul ited by that division. C) No licensee shall fail to comply with this section. Sec, 1321.35. As used in sections 1321.35 to 1321.48 of the Revised Code: (A) "Short-term loan” means a loan made pursuant to sections 1321.35 to 1321.48 of the Revised Code. (B) “Superintendent of financial institutions" includes the deputy superintendent for consumer finance as provided in section 1181.21 of the Revised Code. (C) "Interest" means all charges payable directly or indirectly by a borrower to a licensee as a condition to a loan, including fees, tean-origination-eharges,service charges, renewal charges, eredit dastiranee—premiums,and any ancillary product sold in connection with a short-term loan-made- pursuant -te-seetions 1321-35 to132+48-, but does not include the monthly maintenance fees, the loan_origination charge, the check collection charge, or the check cashing fee authorized under section 1321.40 of the Revised Code. (D) "Annual percentage rate" has the same meaning as in the "Truth in Lending Act," 82 Stat. 149 (1980), 15 U.S.C, 1606, as implemented by regulations of the-beard-of geverners-ef the-federat feserve-system_consumer financial protection bureau. All fees and charges, including interest and theSub. H. B. No. 123 132nd G.A. 2 loan_origination charge and monthly maintenance fees authorized under_section 1321.40 of the Revised Code, shall be included in the computation of the annual percentage rate. Fees-and-charges E) "Licensee" n jicensed to m: HI loans under sections 1321.35 to 1321.48 of the Revised Code. Sec. 1321.36. (A) No person shall engage in the business of making short-term loans to a borrower in Ohio, or, in whole or in part, make, offer, or broker a loan, or assist a borrower in Ohio to obtain such a loan, without first having obtained a license from the superintendent of financial institutions under sections 1321.35 to 1321.48 of the Revised Code. Neticensee-shaltmake-effer-or business-and-obtain the disbursement of teantunds-at that teeation Ne person shall make, offer, or broker a foan, or assist a borrower to obtain a loan, via the telephone;_or mail;-or-internet. (C) Any loan made in violation of this section is void, and the lender has no right to collect, receive, or retain any principal, interest, fees, or other charges in connection with the loan. ‘D) Sections 1321.35 to 1321.48 of the Revised Code do not apply to any entity chartered and lawfully doing business under the authority of any law of this state, another state, or the United vi trust company, savings and loan association, or credit union, or a subsidiary of any such entity, which subsidiary is regulated by a federal banking agency and is owned and controlled by a depository institution. Sec. 1321.39. A licensee under-seetions 132135-te-1321-48 ofthe Revised Code-may engage in the business of making loans provided that each loan meets all of the following conditions: (A) The total amount of the loan does not exceed five-hundred-one thousand dollars. (8) he Subject to division mn (BN2) of this section. the minimum duration of the loan;-as ninety-one days and the maximum duration of the Joan is one year, {2) The minimum duration of the loan may be less than ninety-one days if the total monthly payment on the loan does not exceed an amount that is six per cent of the borrower's verified gross. monthly income or seven per cent of the borrower's verified net monthly income, whichever is Sreater. (C) The loan is made pursuant to a written loan contract that sets forth the terms and conditions of the loan. A copy of the loan contract shall be provided to the borrower. The loan contract shall disclose in a clear and concise manner al) of the following: (1) The total amount of fees and charges the borrower will be required to pay in connection with the loan pursuant to the loan contract; (2) The total amount of each payment, when each payment is due, and the total number of payments that the borrower will be required to make under the loan contract; (3) A statement, printed in boldface type of the minimum size of ten points, as follows: oe ISub. H. B. No. 123 132nd G.A, 3 "WARNING: The cost of this loan is higher than the average cost charged by financial institutions, such as banks or credit unions, on substantially similar loans._A financial institution may be able to offer you a similar loan at a lower cost." (4) A statement, printed in a minimum font size of ten points, which informs the borrower that complaints regarding the loan or lender may be submitted to the department of commerce division of financial institutions and includes the correct telephone number and mailing address for the department; (5) Any disclosures required under the "Truth in Lending Act," 82 Stat. 146 (1974), 15 U.S.C. 1601, et seq.; (61 The f-annual percentage rate 7) A statement, printed in a minimum font size of ten points, as follows: "You have the right to rescind or cancel this loan by returning the originally contracted loan amount by five p.m. of the third business day immediately following the day you enter into this contract.” (8) A statement, printed in a minimum font size of ten points, as follows: "Electronic payment is optional. You have the right to revoke or remove your authorization for electronic payment at any time." (D) The loan-eentraetineludes-e hat offers_the barre tothe prevision_is a precomputed Joan and is payable in substi equal installments consisting of rincipal, fees, and inter urposes of livision, " uted loan" means a loan in which the debt is a sum comprising the principal amount and the amount of fees and_interest computed in advance on the assumption that all scheduled payments will be made when due. (E) The loan may be rescinded or canceled on or before five p.m. of the third business day immediately following the day of the loan transaction upon the borrower retuming the originally contracted loan amount. Sec. 1321.391. If the duration of a short-term Ioan is ninety-one days or greater, the licensee i mended len: orrower's verified monthly income as described in division (B)(2) of section 1321.39 of the Revised Cade. The licensee shall provide the borrower with a written copy of i its recommendation. which i is not binding on the borrawer Sec, 1321.40. A personticensed purstantte-sections i! licensee may charge, collect, and receive only the following fees and charges in connection with a short-term loan: (A) Interest eateutated-in-eomplianee-with 15--S.C._1606,and-not exceeding—-an-annvatSub. H. B. No. 123 132nd G.A. 4 pereetitage a rate greater than-of twenty-eight per cent_per annum; (B)(1) Except as otherwise provided in division (B)(2) of this section, a monthly maintenance fee that does not exceed the lesser of ten per cent of the originally contracted loan amount or thirty dollars, provided the fee is not added to the loan balance on which interest is charged: (2) A licensee shal! not charge, collect, or receive a monthly maintenance fee if the borrower isa person on active duty in the armed forces of the United States or a dependent of that person. (C) If the originally contracted loan amount is five hundred dollars or more, a loan charge in th ‘oper cent of the originally contracted loan amount, provided the loan origination charge is not added to the loan balance on which interest is charged: {D) One check collection charge per Ioan not exceeding an amount equal to twenty dollars plus any amount passed on from other financial institutions for each check, negotiable order of withdrawal, share draft, or other negotiable instrument returned or dishonored for any reason, provided that the terms and conditions upon which check collection charges will be charged to the borrower are set forth in the written loan contract described in division (C) of section 321.39 of the Revised Code; €@}(E) If a licensee provides the proceeds of a loan in the form of a check, a fee to cash that check in an amount not exceeding ten dollars; {F) Damages, costs, and disbursements to which the licensee may become entitled to by law in connection with any civil action to collect a loan after default, except that the total amount of damages and costs shall not exceed the originally contracted loan amount. Sec, 1321.40. A licensee may refinance a short-term loan provided that all of the following apply to the refinanced loan: (A) The loan is a short-term loan. B) Interest on the loan does not exceed a rate of twenty-eight per cent per annum. (C) The licensee does nat charge, collect, or receive the monthly maintenance fee described in division (B) of section 1321.40 of the Revised Code. Sec, 1321.402. If a short-term loan is prepaid in full or refinanced prior to the loan's maturity date, the licensee shall refun he n_of the interest, m 2 fees. and all other charges based on a ratio of the number of days the loan was outstanding and the. number of days for which the loan _was originally contracted. For purposes of this section, the m yt considere I ining of a month. Sec. 1321.403. Notwithstanding any provision of sections 1321.35 to 1321.48 of the Revised Code to the contrary, a licensee shall not charge, collect, or receive in connection with a short-term loan. charges that exceeds sixty per cent of the originally contracted loan mount, F i i charges made in connection wi included when calculating the total loan charges except for all of the following: {A) The check collection charge authorized under section 1321.40 of the Revised Code: ing fee authorized under section Al i de: (C) The interest charges on a loan that is refinanced in accordance with section 1321.401 of the Revised Code. Sec. 1321.41. No persen-teensed-pursnantte-seetions 132135-to-BH1 48 of the Revised- €ede-licensee shall do any of the following:Sub. H. B. No. 123 132nd G.A. 5 (A) Violate section 1321.36 of the Revised Code; (B) Make a loan that does not comply with section 1321.39 of the Revised Code; (C) Charge, collect, or receive, directly or indirectly, credit insurance premiums. charges for any ancillary product sold, or any additional fees, interest, or charges in connection with a loan, other than fees and i charges permitted by se section 1321.40 of the Revised | Code-and-eosts-or disbursements (D) Collect treble damages pursuant to division (A)(1)(b)(ii) of section 2307.61 of the Revised Code in connection with any civil action to collect a loan after a default due to a check, negotiable order of withdrawal, share draft, or other negotiable instrument that was returned or dishonored for insufficient funds; (E) Make-Except as otherwise provided in section 1321.401 of the Revised Code, make a short-term loan to a borrower if there exists an outstanding loan between theicensee—and-that borrower; if etoan-betweerranyticensee and that borrower-was-terminated- onthe same-business day; the-berrewer:_and any of the following: 1) The licensee: 2) A person rel icensee by common ow! i trol; 3) Any employee or agent of the licensee, (F) Bring or threaten to bring an action or complaint against the borrower for the borrower's failure to comply with the terms of the loan contract solely due to the check, negotiable order of withdrawal, share draft, or negotiable instrument being returned or dishonored for insufficient funds. Nothing herein prohibits such conduct, action, or complaint if the borrower has intentionally engaged in fraud by, including but not limited to, closing or using any closed or false account to evade payment; €H} Require the borrower to waive the borrower's right to legal recourse under any otherwise applicable provision of state or federal law; HH) Accept the title or registration of a vehicle, real property, physical assets, or other collateral as security for the obligation; HT) Engage in any device or subterfuge to evade the requirements of sections 1321.35 to 1321.48 of the Revised Code including assisting a borrower to obtain a loan on terms that would be prohibited by sections 1321.35 to 1321.48 of the Revised Code, making loans disguised as personal property sales and leaseback transactions, or disguising loan proceeds as cash rebates for the pretextual installment sale of goods or services, €&}(D_Assess or charge a borrower a fee for prepaying the loan in full prior to the maturity date; €£}{K) Fail to comply with section 1321.45 of the Revised Code;Sub. H. B. No. 123 132nd G.A. 6 €¥-(L) Recommend to a borrower that the borrower obtain a loan for a dollar amount that is higher than the borrower has requested; €O}{M) Draft funds electronically from any depository financial institution in this state-or bitbany-eredit-eard- issued-by sueh- air institution without written approval of the borrower. Nothing in this division shall prohibit the conversion of a negotiable instrument into an electronic form for processing through the automated clearing house system. (WN) Make, publish, or otherwise disseminate, directly or indirectly, any misleading or false advertisement, or engage in any other deceptive trade practice; €Q}{O) Offer any incentive to a borrower in exchange for the borrower taking out multiple loans over any period of time, or provide a short-term loan at no charge or at a discounted charge as compensation for any previous or future business-; €S}-(P) Present a check, negotiable order of withdrawal, share draft, or other negotiable instrument, that has been previously presented by the licensee and subsequently returned or dishonored for any reason, without prior written approval from the borrower=; €FH{Q) Change the check number, or in any other way alter a check, negotiable order of withdrawal, or share draft, prior to submitting such check, negotiable order of withdrawal, or share draft for processing through the automated clearing house system, or submit false information about any check, negotiable order of withdrawal, or share draft to the automated clearing house system; R) Make a short-term loan to a borrower if the loan will result _in_a total outstanding | principal of more than two thousand five hundred dollars in s made by licen: that borrower at any one time. Prior to making a_short=i term loan a licensee shall require each borrower i wri that ivi the_borrower is eligible to receive the loan, and shall make a concerted ston to verify the borrower's eligibility. S) Fail to accept cash or a certified check from_a third party when submitted on behalf of the borrower for repayment of a short-term loan in full or in part: (T) Contact_a borrower for_any reason other than for the borrower's benefit regarding upeomin: ans, payment options, payment due dates, the effect of default, or, after default, receiving payments or other actions permitted by the licensee: to advise the borrower of missed payments or dishonored checks; or to assist the transmittal of payments via a third-party mechanism; (UJ) In the event that a short-term loan or its servicing is sold or assigned, fail to provide e information nes m: ents; V) Make a loan i lemand feature th: rmi event the borrower fails to meet the repayment terms for any outstanding balance, to terminate the loan in advance of the original maturity date and to demand repayment of the entire outstanding. balance, unless both of the following requirements are met: (1) Not earlier than ten days after the borrower's payment was due, the licensee provides.Sub. H. B. No. 123 132nd G.A. 7 written notice to the bor rminati (2) In addition to the outstanding balance, the licensee collects only prorated interest and the fees earned up to the termination of the loan. For purposes of division (V)(2) of this section, the outstanding balance and prorated interest and fees shall be calculated as if the borrower had voluntarily prepaid the loan in full on the date of termination. Sec. 1321.41]. A licensee shali not attempt to collect from a borrower's account after two consecutive attempts have failed, unless the licensee obtains new written authorization from the borrower to electronically transfer or withdraw funds from the borrower's account, Sec. 1321.422, (A) Every licensee shall keep and use in the licensee's business such books, accounts, records, and loan documents as will enable the division of financial institutions to determine whether the licensee is complying with sections 1321.35 to 1321.48 of the Revised Code and with the orders and rules made by the division under those sections. Such books, accounts, records, and Joan documents shall be segregated from those pertaining to transactions that are not subject to sections 1321.35 to 1321.48 of the Revised Code. Every licensee shall preserve the books, accounts, records, and loan documents pertaining to loans made under sections 1321.35 to 1321.48 of the Revised Code for at least two years after making the final entry on, or final revision of any loan document relative to, any loan recorded therein, Accounting systems maintained in whole or in part by mechanical or electronic data processing methods that provide information equivalent to that otherwise required are acceptable for this purpose. (B)(1) As required by the superintendent of financial institutions, each licensee shall file with the division each year a report under oath or affirmation, on forms supplied by the division, concerning the business and operation for the preceding calendar year. If a licensee has more than one place of business in this state, the licensee shall furnish a report for each location. (2) The division shall publish annually and make available to the public an analysis of the information required under division (B)(1) of this section, but the individual reports shall not be public records and shall not be open to public inspection. The published analysis shall include all of the following: (a) The total number of borrowers, loans, defaulted loans, and charged-off loans and the total dollar value of the charged-off loans: tb he average loan size, average contracted and. average experienced annual percentage location: information determin rin n Sec. 1321.46. (A) Before initiating a short-term loan transaction with a borrower, a licensee shall mak i i e borrower's income for purposes of division (B)(2) of section 1321.39 and section 1321.39] of the Revised Code. At a minimum, the licensee shall obtain from the borrower one or more recent pay stubs or other written evidence of recurring income, such aca bank statement. The written evidence shall include at least one document that, when presented to the licensee, is dated not earlier than forty- -five days pti jor to the borrower's initiation of the short- term loan transaction, Tf th licensee shall_permiSub. H. B. No. 123 132nd G.A. 8 the borrower to delete from the statement the information regarding to whom the debits listed on the statement are payable. (B) The superintendent of financial institutions may adopt rules under section 1321.43 of the Revised Code that set forth any other procedures the superintendent considers necessary to ensure accurate verification of borrower income. Sec. 1321.592. (A) A registrant shall not make a loan under sections 1321.5] to 1321.60 of the Revised Code that meets either of the following conditions: 1) The amount of the loan is on: (2) The loan has a duration of one year or less, (B)A registrant shall not engage in any act or practice to evade the requirement of division (A) of this section, including by contracting with a borrower to make a loan on terms that would be (C) No registrant shall fail to comply with this section. Sec. 1321.99. (A) Whoever violates section 1321.02 of the Revised Code is guilty of a felony of the fifth degree. (B) Whoever violates section 1321.13 of the Revised Code shall be fined not less than one hundred nor more than five hundred dollars or imprisoned not more than six months, or both. (C) Whoever violates section 1321.14 of the Revised Code shall be fined not less than fifty nor more than two hundred dollars for a first offense; for a second offense such person shall be fined not less than two hundred nor more than five hundred dollars and imprisoned for not more than six months. (D) Whoever willfully violates section 1321.57, 1321.58, division (A), (B), or (C) of section 1321.59, 1321.591, or 1321.60 of the Revised Code is guilty of a minor misdemeanor and shall be fined not less than one nor more than five hundred dollars. (E)(.) Whoever violates section 1321.63 or division (H), (I), or (K) of section 1321.69 of the Revised Code is guilty of a felony of the fifth degree. (2)A violation of section 1321.63 or division (K) of section 1321.69 of the Revised Code is a strict liability offense and section 2901.20 of the Revised Code does not apply. (F) Whoever violates division (A) of section 1321.73 of the Revised Code shall be fined not more than five hundred dollars or imprisoned not more than six months, or-both. (G) Whoever violates section 1321.41 of the Revised Code is guilty of a misdemeanor of the first degree. (H) Whoever violates section 1321.141 or 1321.592 of the Revised Code is guilty of a minor isdey or and shall be fined not less than one hundred nor in (1) The offenses established under sections 1321.141, 1321.41, and 1321.592 of the Revised Code are strict liability offenses and section 2901.20 of the Revised Code does not apply. The designation of these offenses as strict liability offenses shall not be construed to imply that any other offense for which there is no specified degree of culpability, whether in this section or another section of the Revised Code, is not a strict liability offense. (J) The imposition of fines pursuant to this section does not preclude the imposition of any administrative fines or civil penalties authorized under section 1321.54 or any other section of the Revised Code.Sub. H. B. No. 123 132nd G.A. 9 Sec. 4712.071, No credit services organization shall sell, provide, or perform any of the services authorized under division (C)(1) of section 4712.01 of the Revised Code in connection with an extension of credit that meets any of the following conditions: (A) The amount of credit is less than five th