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1 GOLDSMITH & HULL, APC 22000953 11/8/2022
Stephen R. Goldsmith, SBN 291555
2 William I. Goldsmith Bar #82183
16933 Parthenia Street, Suite 110
3 Northridge, CA 91343
4 (818) 990-6600 Phone
(818) 990-6140 Fax
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Attorneys for Plaintiff
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8 SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE
9 North Butte County Courthouse - Civil Division
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Student Loan Solutions , LLC ) Case No. 22CV02621
)
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Plaintiff, ) COMPLAINT FOR MONEY
)
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Vs. ) Limited Jurisdiction Case:
}
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Joseph Bill aka ) AMOUNT OF DEMAND:
14 Joseph E Bill aka ) $18,512.81
Joseph Eugene Bill aka )
15 Joe Bill; )
William D Marple aka )
16 William David Marple )
and DOES 1 through 30, }
17 Inclusive )
)
18 Defendants. )
)
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COMES NOW PLAINTIFF, who complains and alleges as follows:
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INTRODUCTION
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1. The obligation sued upon herein is payable in the County
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of BUTTE, State of California, in the above mentioned judicial
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district because defendant(s) Joseph Bill aka Joseph E Bill aka
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Joseph Eugene Bill aka Joe Bill; William D Marple aka William
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David Marple reside(s) in the above-listed county and judicial
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district .
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2. The true names and capacities of the Defendants sued
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COMPLAINT FOR MONEY
1 herein as DOES 1 THROUGH 30, INCLUSIVE, whether individual,
2 corporate, associates, otherwise, are unknown to the Plaintiff at
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the present time, and Plaintiff therefore, sues said Defendants
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by such fictitious names. Plaintiff will amend this complaint to
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allege their true names and capacities when the same shall be
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ascertained.
7 3. At all times mentioned each Defendant herein was the
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employee, agent and servant of each of the other Defendants and
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in doing the things herein alleged, was acting within the course
10 and scope of their authority as such and with consent of each
11 other Defendant.
12 4. The underlying obligation of this action is not covered
13 by the provisions of the Unruh Act, or the Rees-Levering Motor
14 Vehicle Sales and Finance Act, and is not subject to the
15 provisions of the Sections 1812.10, and/or 2984.4 of the
16 California Civil Code.
17 5. Defendants opened an Account with Bank of America, N.A.,
18 ( "Original Creditor") . The account number with the original
19 creditor was XXXXXXX0302. Bank of America, N .A., is the originator
20 of the account and servicer of the Account prior to the sale of
21 the Account to Plaintiff, conveying all rights, titles and
22 interest. Bank of America, N.A., is the Charge-off Creditor.
23 6. Due to Defendants' non-payment of the Account, Bank of
24 America, N.A. charged-off and sold the account to Plaintiff. All
25 records of the Original Creditor, which pertain to Defendants and
26 which record the acts, events and conditions made at or near the
27 time and which records were kept in the course of regularly
28 conducted business activity pursuant to the Original Creditor's
COMPLAINT FOR MONEY
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1 regular practice of making and keeping such records, including,
2 but not limited to account statements, were transferred and
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assigned to Plaintiff as part of the sale, transfer, assignment
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and/or conveyance of Defendants' Account from the Original
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Creditor to Plaintiff.
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7. The original creditor was Bank of America, N.A.
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8. The Legal Charge Off Creditor is Bank of America, N.A.,
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(hereinafter referred to as "CHARGE OFF CREDITOR") . The charge-off
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creditor's address is 600 Wilshire Blvd., 4 th Floor, Los Angeles,
10 CA 90017, USA and the account number associated with the charge-
11 off creditor is XXXXXXX0302 .
12 9. The last activity on the Account, including but not
13 limited to any charges, payments, or charge offs occurred within
14 the last four years. Thereafter, the Account was closed for non-
15 payment.
16 10. The contract with the Original Creditor and Defendant is
17 an installment contract. The Four-year statute of limitations
18 began to run against each installment on note as it became due.
19 11. Defendant (s) incurred this debt by defaulting on the
20 contract by failing to pay the agreed upon payments. A copy of
21 that contract is attached as part of Exhibit "1" and incorporated
22 by reference to this complaint.
23 12. Plaintiff alleges that within the last four years, on or
24 about November 11, 2018, hereinafter referred to as the
25 "Acceleration Date", the Defendant became indebted on the Account
26 at the accelerated sum of $18,512.81. Student Loan Solutions, LLC,
27 as Holder, accelerated the Note for $18,512.81. SLS sent
28 Defendants written notice of acceleration sum via an Acceleration
COMPLAINT FOR MONEY
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1
Notices dated July 8, 2022. A copy of the Acceleration Notice(s)
2 is attached hereto as Exhibit "C" and incorporated fully herein
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by this reference. As of November 11, 2022, the amount due
4 otherwise known as the accelerated sum, foregoing applicable pre-
5 judgment interest and excluding any amounts due more than 4 years
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ago, in the sum of all 13 7 installments due in the amount of
7 $135 .13 each. (The installment has been rounded down to the
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nearest cent): 137 x $135.13 = $18,512.81 (the accelerated
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amount). Defendants failed and refused to pay the amounts owing
10 on said Account. The Account was thereafter, sold, transferred,
11 assigned and conveyed to Student Loan Solutions, LLC with full
12 power and authority to do and perform all acts necessary for the
13 collection settlement, adjustment, compromise or satisfaction of
14 said claim.
15 13. Student Loan Solutions, LLC ("Plaintiff") is a debt
16 buyer. Plaintiff is the sole owner of the debt at issue. As such,
17 the Account was thereafter, sold, transferred, assigned and
18 conveyed to Student Loan Solutions, LLC ("Plaintiff") with full
19 power and authority to do and perform all acts necessary for the
20 collection settlement, adjustment, compromise or satisfaction of
21 said claim.
22 14. The amount owed by Defendant to Charge-off Creditor at
23 the date of charge off, 09 / 23 / 2011, was $41 , 531.74. This amount
24 is reflected by a post-charge-off interest of $0.00 and post-
25 charge-off fees of $0.00.
26 15. Plaintiff is waiving all amounts due and owing prior to
27 said "Acceleration Date" and only seeking the amount alleged in
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COMPLAINT FOR MONEY
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1 paragraph 12 above based upon the installment agreement noted
2 above.
3 16. The last known addresses the charge-off creditor had for
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the defendants: Josep h Bill is 1949 Kusel Rd , Oroville . CA 95966
5 and William D Marp le is 2056 Romero St , Yuba Cita . CA 95993.
6 17. The following are the companies and/or individuals and
7 their addresses who purchased the defendant's debt after the
8 charge off date: Student Loan Solutions, LLC: PO Box 11590, Rock
9 Hill, SC 29731.
10 18. Plaintiff has complied with Civil Code Section 1788.52.
11 .I
12 FIRST CAUSE OF ACTION FOR OPEN BOOK ACCOUNT
13 CODE OF CIVIL PROCEDURE SECTION 337a
14 19. Plaintiff hereby incorporates each and every allegation
15 as contained in paragraphs 1 through 18 as though fully set forth
16 at length .
17 20. Plaintiff alleges that within the last four years, the
18 Defendants became indebted to Plaintiff on the Account based upon
19 an open book account for money due, at the special insistence and
20 request of the Defendants, for money had and received at the
21 agreed upon sum of $18,512.81. Defendants failed and refused to
22 pay the amounts owing to Plaintiff on said Account.
23 21. That although demand has been made upon the Defendants
24 neither the said sum or any portion thereof, has been paid, and
25 that there is now due, owing and unpaid, despite the Plaintiff's
26 demand, the sum of $18,512.81.
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COMPLAINT FOR MONEY
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1 II
2 SECOND CAUSE OF ACTION FOR BREACH OF CONTRACT
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22. Plaintiff hereby incorporates each and every allegation
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as contained in paragraphs 1 through 21 as though fully set forth
5 at length.
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23. That within the last four years, of the filing of this
7 action defendant breached a written agreement of the installment
8
contract requiring defendant to make monthly payments to the
9 Original Creditor.
10 24. This action is an obligation subject to Code of Civil
11 Procedure section 395 (b), for goods, loans or extensions of credit
12 intended primarily for personal, family or household use, other
13 than an obligation described in California Civil Code section
14 1812.10 or California Civil Code section 2984.4.
15 25. That pursuant to the terms of said written agreement
16 Original Creditor agreed to provide a loan.
17 26. Original Creditor, Charge-Off Creditor and Plaintiff has
18 performed each and every obligation on its party to be performed
19 under said written agreement.
20 27. That although demand has been made upon the Defendants
21 neither the said sum or any portion thereof, has been paid, and
22 that there is now due, owing and unpaid, despite the Plaintiff's
23 demand, the sum of $18,512.81.
24
25 THIRD CAUSE OF ACTION FOR MONIES HAD & RECEIVED
26 28. Plaintiff hereby incorporates each and every allegation
27 as contained in paragraphs 1 through 27 as fully set forth at
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COMPLAINT FOR MONEY
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1 length.
2 29. At the Defendant's direction or authorization, funds
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were laid out and expended to pay Account charges incurred by or
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for the benefit of Defendant.
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30. Defendant used and obtained benefit from the credit of
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"Charge-Off Creditor" used at the Defendant's direction. By using
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the Account, Defendant expressly or impliedly promised to repay
8
the funds laid out and expended for or on behalf of Defendant.
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31. Within the last four years, Defendant at their special
10 instance and request became indebted to Plaintiff in the sum of
11 $18,512.81 for monies had, received and furnished to the
12 Defendant, expended on Defendant's request or on Defendant's
13 behalf said sum being the reasonable and agreed value thereof.
14 Demand for repayment has been made on the Defendant, but the
15 Defendant has failed to pay the balance due. There is now due,
16 owing and unpaid from Defendant has failed to pay the balance due.
17 There is now due, owing and unpaid sum of $18,512.81, plus
18 additional fee incurred at the time of default.
19 WHEREFORE, Plaintiff prays for Judgment against the
20 Defendant (s) and each of them, for each cause of actions, as
21 follows:
22 1. For the sum of $18,512.81;
23 2. For costs of suit incurred herein; and
24 /Ill
25 Ill/
26 Ill/
27 Ill/
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COMPLAINT FOR MONEY
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3. For such other and further relief as the court may deem just
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2 and proper.
DATE: October 22, 2022 GOLDSMITH & HULL, APC
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By: _ _ _ _ _ _ _ _ __,_ _ _ __ _
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Stephen R. Goldsmith
Attorneys for Plaintiff
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COMPLAINT FOR MONEY
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EXHIBIT
EXHIBIT "1"
STATE OF SOUTH CAROLINA
COUNTY OF YORK
AFFIDAVIT IN SUPPORT OF ACCELERATED BALANCE DUE
I, Christopher P. Ruh, who, being first duly sworn according to law, deposes and says:
I am the General Manager of Student Loan Solutions, LLC ("SLS" or "Plaintiff'). As
such, I am authorized to testify on behalf of SLS. I have personally reviewed the documents and
I am testifying of my own personal knowledge. The matters set forth in this affidavit are based
upon my personal knowledge or belief, or are reflected in documents that SLS generates and
maintains in the ordinary course of business.
THE PROMISSORY NOTE: The Education Loan Agreement (the "Note") between
Bank of America, NA, and Defendant, BILL, JOSEPH ("Defendant"), is a loan that was
purchased by SLS on October 31, 2017. A copy of the Note is attached hereto as Exhibit "A"
and incorporated fully herein by this reference. A Note Disclosure Statement ("Disclosure
Statement") was also provided to the Defendant. A copy of the Disclosure Statement is attached
hereto as Exhibit "B" and incorporated fully herein by this reference.
PRINCIPAL: The principal amount of the loan includes $30000 plus $2432.43 (loan
origination fee) for a total principal amount of $32432.43. (Exhibit "A", Exhibit "B").
INTEREST CLAIMED: In the lawsuit, SLS foregoes any pre-judgment interest on the
Note and seeks to recover only the principal.
INSTALLMENT SCHEDULE: Defendant had (20.00) years to repay the $32432.43
principal plus interest from 2010-04-11 through 2030-03-11. (Exhibit "A", Exhibit "B").
Pursuant to the Note, Defendant agreed to pay the following monthly installments: 240
MONTHLY PAYMENTS OF $407.53. Pursuant to the Note, SLS, without losing any rights or
remedies to recover the principal balance or post-judgment amounts, forgoes the pre-judgment
interest component on each installment and only seeks to recover the principal component of
each installment, which reduces the monthly installment amount from $407.53 to $135. I 3
($32432.43/ 240 = $135.13). The principal-only installment amount has been rounded down to
the nearest cent. Nothing in this affidavit waives or limits any post-judgment rights or remedies.
DEFAULT: Within the past 4 years, SLS's records reflect no installment payments made
on the Note.
ACCELERATION AND NOTICE OF ACCELERATION: Pursuant to the Note, the
Holder may. at its option, give notice that the outstanding principal balance, accrued interest, and
any other amounts payable under the terms of the Note are due and payable at once. SLS, as
Holder, accelerated the Note for $18512.81. SLS sent Defendant written notice of acceleration
via an Acceleration Notice dated 2022-07-08. A copy of the Acceleration Notice(s) is attached
hereto as Exhibit "C" and incorporated fully herein by this reference.
AMOUNT DUE: As of 2022-11-11, the amount due herein, foregoing applicable pre-
judgment interest and excluding any amounts due more than 4 years ago, is the sum of all 137
installments due in the amount of$ I 35.13 each (the installment has been rounded down to the
nearest cent):
137 X $135.13 = $18512.81
BUSINESS RECORDS: Bank of America, N.A., regularly sells, assigns, and transfers
loans to SLS. When Bank of America, N.A., sold, assigned, and transferred Defendant's Loan, it
also transmitted and delivered routine, factual documents, including the documents described
herein as Exhibit "A" and Exhibit "8", to SLS, in the regular course of business. The current
balance of the Loan at the time of transfer was also transmitted and delivered to SLS when the
Loan was sold. SLS then entered and integrated the documents in Exhibit "A" and Exhibit "B"
into its own records, in the regular course of business, and said documents became SLS's
business records.
I declare under penalty of perjury under the laws of the State of CA that the foregoing is
within my personal knowledge and if called upon to testify I c 1 comp tently do so.
This the ~ day of July , 20.12._ ~
Christ --£,A.fl.mt
Sworn to and subscribed before me
this /) day of _ Jut~ , 20 _n__.
~~
Signature of Notary Public.for Sowh Carolina
Heather Propst , Notary Public
NotmJ' 's Printed Name
My commission expires: 2/8/2031
STA TE OF SOUTH CAROLINA
COUNTY OF YORK
AFFIDAVIT IN SUPPORT OF ACCELERATED BALANCE DUE
I, Christopher P. Ruh, who, being first duly sworn according to law, deposes and says:
I am the General Manager of Student Loan Solutions, LLC ("SLS" or "Plaintiff'). As
such, f am authorized to testify on behalf of SLS. I have personally reviewed the documents and
I am testifying of my own personal knowledge. The matters set forth in this affidavit are based
upon my personal knowledge or belief, or are reflected in documents that SLS generates and
maintains in the ordinary course of business.
THE PROMISSORY NOTE: The Education Loan Agreement (the "Note") between
Bank of America, NA, and Defendant, MARPLE, WILLIAM D ("Defendant"), is a loan that
was purchased by SLS on October 31, 2017. A copy of the Note is attached hereto as Exhibit
"A" and incorporated fully herein by this reference. A Note Disclosure Statement ("Disclosure
Statement") was also provided to the Defendant. A copy of the Disclosure Statement is attached
hereto as Exhibit "B" and incorporated fully herein by this reference.
PRINCIPAL: The principal amount of the loan includes $30000 plus $2432.43 (loan
origination fee) for a total principal amount of $32432.43. (Exhibit "A", Exhibit "B").
INTEREST CLAIMED: In the lawsuit, SLS foregoes any pre-judgment interest on the
Note and seeks to recover only the principal.
INSTALLMENT SCHEDULE: Defendant had (20.00) years to repay the $32432.43
principal plus interest from 2010-04-11 through 2030-03-11. (Exhibit "A", Exhibit "8").
Pursuant to the Note, Defendant agreed to pay the following monthly installments: 240
MONTHLY PAYMENTS OF $407.53. Pursuant to the Note, SLS, without losing any rights or
remedies to recover the principal balance or post-judgment amounts, forgoes the pre-judgment
interest component on each installment and only seeks to recover the principal component of
each installment, which reduces the monthly installment amount from $407.53 to $135. 13
($32432.43/ 240 = $ I 35. l 3).
The principal-only installment amount has been rounded down to
the nearest cent. Nothing in this affidavit waives or limits any post-judgment rights or remedies.
DEFAULT: Within the past 4 years, SLS's records reflect no installment payments made
on the Note.
ACCELERATION AND NOTICE OF ACCELERATION: Pursuant to the Note, the
Holder may, at its option, give notice that the outstanding principal balance, accrued interest, and
any other amounts payable under the tenns of the Note are due and payable at once. SLS, as
Holder, accelerated the Note for $18512.81. SLS sent Defendant written notice of acceleration
via an Acceleration Notice dated 2022-07-08. A copy of the Acceleration Notice(s) is attached
hereto as Exhibit "C" and incorporated fully herein by this reference.
AMOUNT DUE: As of 2022-11-11, the amount due herein, foregoing applicable pre-
judgment interest and excluding any amounts due more than 4 years ago, is the sum of all 137
installments due in the amount of $135.13 each (the installment has been rounded down to the
nearest cent):
137 X $135.13 = $18512.81
BUSINESS RECORDS: Bank of America, N.A., regularly sells, assigns, and transfers
loans to SLS. When Bank of America, N.A., sold, assigned, and transferred Defendant's Loan, it
also transmitted and delivered routine, factual documents, including the documents described
herein as Exhibit "A" and Exhibit "B", to SLS, in the regular course of business. The current
balance of the Loan at the time of transfer was also transmitted and delivered to SLS when the
Loan was sold. SLS then entered and integrated the documents in Exhibit "A" and Exhibit "B"
into its own records, in the regular course of business, and said documents became SLS's
business records.
I declare under penalty of perjury under the laws of the State of CA that the foregoing is
within my personal knowledge and if called upon to testify I cou t ·ompetently do so
This the \~ day of July , 20_ll__ f j) Al .
Sworn to and subscribed before me
Christ~ r . uh,~~L
this /) day of July , 20 .]L.
~/4,✓
Signature of Notary Public/or South Carolina
Heather Propst , Notary Public
Nola,y 's Printed Name
My commission expires: 2/8/2031
ACCOUNT STATEMENT
DATE 07'09122
INSTITUTION/CREDITOR STUDENT LOAN SOLUTIONS, LLC.
CONSUMERS NAME BILL, JOSEPH
COMAKER MARPLE, WILLIAM D
ACCOUNT NUMBER '. 0302
DATE OF CONTRACT 2007-11-14
DATE OF PROMISSORY NOTE 2007-11-08
DATE OF CHARGE OFF 2011-09-23
DATE OF LAST PAYMENT N/A
UNPAID PRINCIPAL AT THIS DATE $18512.81
TOTAL DUE $18512.81
STATE OF SOUTH CAROLINA
COUNTY OF YORK
I AFFIRM THAT, AS OF THIS DATE, THE ABOVE BALANCE IS TRUE AND CORRECT TO THE BEST OF
MY KNOWLEDGE.
cHR18ToPHERt R H, .tAf MANAGER
i\i'frt
DATE
SWORN TO AND SUBSCRIBED BEFORE ME THIS DAY OF - =Ju=-IY
~ -• 20 22
k~
NOTARY PUBLIC (SIGNATURE) NAME
Heather Propst
MY COMISSION EXPIRES 2/8/2031
Primary Obligors: BILL, JOSEPH
Secondary Obligors: MARPLE, WILLIAM D
State: CA
Account Number: 0302
Out of Statute: In Statute:
103 Installments 137 Principal-Only Installments= $18512.81
I
2010-04-11
Repayment
2018-11-11
4 Years Prior to
Expected Complaint
2022-07-08
Expected
Acceleration
2022-11-11
Expected
Complaint
] 2030-03-11
Final Payment
j
Start Date Due Date
Installment # 1 Filing Date Notice Date [ Filing Date Installment
#240
.
• Total Principal Amount of Note (Original Loan A111011nl + Loan Origination Fee): $32432.43
• Number of Installments Per Note: 240
• First Installment Payment Due: 2010-04-11
• Final Installment Payment Due: 2030-03-11
• Obligor's state is CA. The SOL in CA is 4 years for this loan.
• Expected Acceleration Notice Date: 2022-07-08
• Expected Com plaint Filing Date: 2022-11-11
• Date 4 Years Prior to the Expected Filing Date: 2018-11-11
• Time Period within the Statute of Limitations: 2018-11-11 to 2030-03-11
• Number of Installments within the Statute of Limitations: 137
• Number of Installments outside the Statute of Limitations: !03
• Original Monthly Installment Payment Schedule Per Note: 240 MONTHLY PAYMENTS OF $407.53
• Monthly Installment Reflecting Principal Only (Total Principal Amount of Note+ Number of Installments
Per Note - rounded down to !he nearest cent): $135.13
Accelerated Balance Due as of Expected Complaint Filing Date:
(Monthly lnstal/menl Reflecting Principal Only x Number of Installments within the Statute of limitations)
$18512.81
Account & Consumer Information
with Dates & Calculations
0302
PRIMARY OBLIGOR :iEtQ~DARI QIH.l~OR
BILL,JOSEPH MARPLE, WILLIAM D
...................,,
..... ._... ,,_,
.......... ,,
Account# I I
Creditor Account #
Contract Type
Loan Group Number
.& . . . . . . .....
,,,..,,.,_
Seal?
-- """c-···"··"~
- - · ~ · · . . . . . . . . . . , , ...... ,
Cosigner? g ""'
SL016 BK.07- I
6136582 I 5L732420302 I 08.CSXl. lODC.O 107
4 YES YES S/23/2011
Date of the First Date the Last RepaymentDate of the Final
Contract Date I I
Disbursement Date(s)
Scheduled Repayment
# of Monthly Payments Payment Schedule
was Made (if any) Scheduled Repayment
240 MONTHLY PAYMENTS
11/14/2007 I 11/14/2007 I 4/11/2010 240
OF $407.53
N/A I 3/11/2030
calculated Monthly lnstallmentl calculated Monthly Installment
Scheduled Monthly Last Scheduled Principal Plus Origination
Loan Origination Fee Per
Principal Per Note (P) Amount based on P+F and the Rounded Down to the Nearest
Repayment Amount Repayment Amount Note (F) Fees (P+F) # of Monthly Payments Cent
$407.53 $407.53 $30 000.00
State of Residence Per
State where the School Date the Initial Notice (J2)1
Consumer# I Last Name First Name State of Residence Per DM Signature Date
Note was Located was Sent
1926768 BILL JOSEPH CA HI MULTIPLE 11/ 8/ 2007
Preview
1 GOLDSMITH & HULL, APC 22000953 11/8/2022 Stephen R. Goldsmith, SBN 291555 2 William I. Goldsmith Bar #82183 16933 Parthenia Street, Suite 110 3 Northridge, CA 91343 4 (818) 990-6600 Phone (818) 990-6140 Fax 5 Attorneys for Plaintiff 6 7 8 SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE 9 North Butte County Courthouse - Civil Division 10 Student Loan Solutions , LLC ) Case No. 22CV02621 ) 11 Plaintiff, ) COMPLAINT FOR MONEY ) 12 Vs. ) Limited Jurisdiction Case: } 13 Joseph Bill aka ) AMOUNT OF DEMAND: 14 Joseph E Bill aka ) $18,512.81 Joseph Eugene Bill aka ) 15 Joe Bill; ) William D Marple aka ) 16 William David Marple ) and DOES 1 through 30, } 17 Inclusive ) ) 18 Defendants. ) ) 19 COMES NOW PLAINTIFF, who complains and alleges as follows: 20 INTRODUCTION 21 1. The obligation sued upon herein is payable in the County 22 of BUTTE, State of California, in the above mentioned judicial 23 district because defendant(s) Joseph Bill aka Joseph E Bill aka 24 Joseph Eugene Bill aka Joe Bill; William D Marple aka William 25 David Marple reside(s) in the above-listed county and judicial 26 district . 27 2. The true names and capacities of the Defendants sued 28 COMPLAINT FOR MONEY 1 herein as DOES 1 THROUGH 30, INCLUSIVE, whether individual, 2 corporate, associates, otherwise, are unknown to the Plaintiff at 3 the present time, and Plaintiff therefore, sues said Defendants 4 by such fictitious names. Plaintiff will amend this complaint to 5 allege their true names and capacities when the same shall be 6 ascertained. 7 3. At all times mentioned each Defendant herein was the 8 employee, agent and servant of each of the other Defendants and 9 in doing the things herein alleged, was acting within the course 10 and scope of their authority as such and with consent of each 11 other Defendant. 12 4. The underlying obligation of this action is not covered 13 by the provisions of the Unruh Act, or the Rees-Levering Motor 14 Vehicle Sales and Finance Act, and is not subject to the 15 provisions of the Sections 1812.10, and/or 2984.4 of the 16 California Civil Code. 17 5. Defendants opened an Account with Bank of America, N.A., 18 ( "Original Creditor") . The account number with the original 19 creditor was XXXXXXX0302. Bank of America, N .A., is the originator 20 of the account and servicer of the Account prior to the sale of 21 the Account to Plaintiff, conveying all rights, titles and 22 interest. Bank of America, N.A., is the Charge-off Creditor. 23 6. Due to Defendants' non-payment of the Account, Bank of 24 America, N.A. charged-off and sold the account to Plaintiff. All 25 records of the Original Creditor, which pertain to Defendants and 26 which record the acts, events and conditions made at or near the 27 time and which records were kept in the course of regularly 28 conducted business activity pursuant to the Original Creditor's COMPLAINT FOR MONEY 2 1 regular practice of making and keeping such records, including, 2 but not limited to account statements, were transferred and 3 assigned to Plaintiff as part of the sale, transfer, assignment 4 and/or conveyance of Defendants' Account from the Original 5 Creditor to Plaintiff. 6 7. The original creditor was Bank of America, N.A. 7 8. The Legal Charge Off Creditor is Bank of America, N.A., 8 (hereinafter referred to as "CHARGE OFF CREDITOR") . The charge-off 9 creditor's address is 600 Wilshire Blvd., 4 th Floor, Los Angeles, 10 CA 90017, USA and the account number associated with the charge- 11 off creditor is XXXXXXX0302 . 12 9. The last activity on the Account, including but not 13 limited to any charges, payments, or charge offs occurred within 14 the last four years. Thereafter, the Account was closed for non- 15 payment. 16 10. The contract with the Original Creditor and Defendant is 17 an installment contract. The Four-year statute of limitations 18 began to run against each installment on note as it became due. 19 11. Defendant (s) incurred this debt by defaulting on the 20 contract by failing to pay the agreed upon payments. A copy of 21 that contract is attached as part of Exhibit "1" and incorporated 22 by reference to this complaint. 23 12. Plaintiff alleges that within the last four years, on or 24 about November 11, 2018, hereinafter referred to as the 25 "Acceleration Date", the Defendant became indebted on the Account 26 at the accelerated sum of $18,512.81. Student Loan Solutions, LLC, 27 as Holder, accelerated the Note for $18,512.81. SLS sent 28 Defendants written notice of acceleration sum via an Acceleration COMPLAINT FOR MONEY 3 1 Notices dated July 8, 2022. A copy of the Acceleration Notice(s) 2 is attached hereto as Exhibit "C" and incorporated fully herein 3 by this reference. As of November 11, 2022, the amount due 4 otherwise known as the accelerated sum, foregoing applicable pre- 5 judgment interest and excluding any amounts due more than 4 years 6 ago, in the sum of all 13 7 installments due in the amount of 7 $135 .13 each. (The installment has been rounded down to the 8 nearest cent): 137 x $135.13 = $18,512.81 (the accelerated 9 amount). Defendants failed and refused to pay the amounts owing 10 on said Account. The Account was thereafter, sold, transferred, 11 assigned and conveyed to Student Loan Solutions, LLC with full 12 power and authority to do and perform all acts necessary for the 13 collection settlement, adjustment, compromise or satisfaction of 14 said claim. 15 13. Student Loan Solutions, LLC ("Plaintiff") is a debt 16 buyer. Plaintiff is the sole owner of the debt at issue. As such, 17 the Account was thereafter, sold, transferred, assigned and 18 conveyed to Student Loan Solutions, LLC ("Plaintiff") with full 19 power and authority to do and perform all acts necessary for the 20 collection settlement, adjustment, compromise or satisfaction of 21 said claim. 22 14. The amount owed by Defendant to Charge-off Creditor at 23 the date of charge off, 09 / 23 / 2011, was $41 , 531.74. This amount 24 is reflected by a post-charge-off interest of $0.00 and post- 25 charge-off fees of $0.00. 26 15. Plaintiff is waiving all amounts due and owing prior to 27 said "Acceleration Date" and only seeking the amount alleged in 28 COMPLAINT FOR MONEY 4 1 paragraph 12 above based upon the installment agreement noted 2 above. 3 16. The last known addresses the charge-off creditor had for 4 the defendants: Josep h Bill is 1949 Kusel Rd , Oroville . CA 95966 5 and William D Marp le is 2056 Romero St , Yuba Cita . CA 95993. 6 17. The following are the companies and/or individuals and 7 their addresses who purchased the defendant's debt after the 8 charge off date: Student Loan Solutions, LLC: PO Box 11590, Rock 9 Hill, SC 29731. 10 18. Plaintiff has complied with Civil Code Section 1788.52. 11 .I 12 FIRST CAUSE OF ACTION FOR OPEN BOOK ACCOUNT 13 CODE OF CIVIL PROCEDURE SECTION 337a 14 19. Plaintiff hereby incorporates each and every allegation 15 as contained in paragraphs 1 through 18 as though fully set forth 16 at length . 17 20. Plaintiff alleges that within the last four years, the 18 Defendants became indebted to Plaintiff on the Account based upon 19 an open book account for money due, at the special insistence and 20 request of the Defendants, for money had and received at the 21 agreed upon sum of $18,512.81. Defendants failed and refused to 22 pay the amounts owing to Plaintiff on said Account. 23 21. That although demand has been made upon the Defendants 24 neither the said sum or any portion thereof, has been paid, and 25 that there is now due, owing and unpaid, despite the Plaintiff's 26 demand, the sum of $18,512.81. 27 28 COMPLAINT FOR MONEY 5 1 II 2 SECOND CAUSE OF ACTION FOR BREACH OF CONTRACT 3 22. Plaintiff hereby incorporates each and every allegation 4 as contained in paragraphs 1 through 21 as though fully set forth 5 at length. 6 23. That within the last four years, of the filing of this 7 action defendant breached a written agreement of the installment 8 contract requiring defendant to make monthly payments to the 9 Original Creditor. 10 24. This action is an obligation subject to Code of Civil 11 Procedure section 395 (b), for goods, loans or extensions of credit 12 intended primarily for personal, family or household use, other 13 than an obligation described in California Civil Code section 14 1812.10 or California Civil Code section 2984.4. 15 25. That pursuant to the terms of said written agreement 16 Original Creditor agreed to provide a loan. 17 26. Original Creditor, Charge-Off Creditor and Plaintiff has 18 performed each and every obligation on its party to be performed 19 under said written agreement. 20 27. That although demand has been made upon the Defendants 21 neither the said sum or any portion thereof, has been paid, and 22 that there is now due, owing and unpaid, despite the Plaintiff's 23 demand, the sum of $18,512.81. 24 25 THIRD CAUSE OF ACTION FOR MONIES HAD & RECEIVED 26 28. Plaintiff hereby incorporates each and every allegation 27 as contained in paragraphs 1 through 27 as fully set forth at 28 COMPLAINT FOR MONEY 6 1 length. 2 29. At the Defendant's direction or authorization, funds 3 were laid out and expended to pay Account charges incurred by or 4 for the benefit of Defendant. 5 30. Defendant used and obtained benefit from the credit of 6 "Charge-Off Creditor" used at the Defendant's direction. By using 7 the Account, Defendant expressly or impliedly promised to repay 8 the funds laid out and expended for or on behalf of Defendant. 9 31. Within the last four years, Defendant at their special 10 instance and request became indebted to Plaintiff in the sum of 11 $18,512.81 for monies had, received and furnished to the 12 Defendant, expended on Defendant's request or on Defendant's 13 behalf said sum being the reasonable and agreed value thereof. 14 Demand for repayment has been made on the Defendant, but the 15 Defendant has failed to pay the balance due. There is now due, 16 owing and unpaid from Defendant has failed to pay the balance due. 17 There is now due, owing and unpaid sum of $18,512.81, plus 18 additional fee incurred at the time of default. 19 WHEREFORE, Plaintiff prays for Judgment against the 20 Defendant (s) and each of them, for each cause of actions, as 21 follows: 22 1. For the sum of $18,512.81; 23 2. For costs of suit incurred herein; and 24 /Ill 25 Ill/ 26 Ill/ 27 Ill/ 28 COMPLAINT FOR MONEY 7 3. For such other and further relief as the court may deem just 1 2 and proper. DATE: October 22, 2022 GOLDSMITH & HULL, APC 3 4 By: _ _ _ _ _ _ _ _ __,_ _ _ __ _ 5 Stephen R. Goldsmith Attorneys for Plaintiff 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COMPLAINT FOR MONEY 8 EXHIBIT EXHIBIT "1" STATE OF SOUTH CAROLINA COUNTY OF YORK AFFIDAVIT IN SUPPORT OF ACCELERATED BALANCE DUE I, Christopher P. Ruh, who, being first duly sworn according to law, deposes and says: I am the General Manager of Student Loan Solutions, LLC ("SLS" or "Plaintiff'). As such, I am authorized to testify on behalf of SLS. I have personally reviewed the documents and I am testifying of my own personal knowledge. The matters set forth in this affidavit are based upon my personal knowledge or belief, or are reflected in documents that SLS generates and maintains in the ordinary course of business. THE PROMISSORY NOTE: The Education Loan Agreement (the "Note") between Bank of America, NA, and Defendant, BILL, JOSEPH ("Defendant"), is a loan that was purchased by SLS on October 31, 2017. A copy of the Note is attached hereto as Exhibit "A" and incorporated fully herein by this reference. A Note Disclosure Statement ("Disclosure Statement") was also provided to the Defendant. A copy of the Disclosure Statement is attached hereto as Exhibit "B" and incorporated fully herein by this reference. PRINCIPAL: The principal amount of the loan includes $30000 plus $2432.43 (loan origination fee) for a total principal amount of $32432.43. (Exhibit "A", Exhibit "B"). INTEREST CLAIMED: In the lawsuit, SLS foregoes any pre-judgment interest on the Note and seeks to recover only the principal. INSTALLMENT SCHEDULE: Defendant had (20.00) years to repay the $32432.43 principal plus interest from 2010-04-11 through 2030-03-11. (Exhibit "A", Exhibit "B"). Pursuant to the Note, Defendant agreed to pay the following monthly installments: 240 MONTHLY PAYMENTS OF $407.53. Pursuant to the Note, SLS, without losing any rights or remedies to recover the principal balance or post-judgment amounts, forgoes the pre-judgment interest component on each installment and only seeks to recover the principal component of each installment, which reduces the monthly installment amount from $407.53 to $135. I 3 ($32432.43/ 240 = $135.13). The principal-only installment amount has been rounded down to the nearest cent. Nothing in this affidavit waives or limits any post-judgment rights or remedies. DEFAULT: Within the past 4 years, SLS's records reflect no installment payments made on the Note. ACCELERATION AND NOTICE OF ACCELERATION: Pursuant to the Note, the Holder may. at its option, give notice that the outstanding principal balance, accrued interest, and any other amounts payable under the terms of the Note are due and payable at once. SLS, as Holder, accelerated the Note for $18512.81. SLS sent Defendant written notice of acceleration via an Acceleration Notice dated 2022-07-08. A copy of the Acceleration Notice(s) is attached hereto as Exhibit "C" and incorporated fully herein by this reference. AMOUNT DUE: As of 2022-11-11, the amount due herein, foregoing applicable pre- judgment interest and excluding any amounts due more than 4 years ago, is the sum of all 137 installments due in the amount of$ I 35.13 each (the installment has been rounded down to the nearest cent): 137 X $135.13 = $18512.81 BUSINESS RECORDS: Bank of America, N.A., regularly sells, assigns, and transfers loans to SLS. When Bank of America, N.A., sold, assigned, and transferred Defendant's Loan, it also transmitted and delivered routine, factual documents, including the documents described herein as Exhibit "A" and Exhibit "8", to SLS, in the regular course of business. The current balance of the Loan at the time of transfer was also transmitted and delivered to SLS when the Loan was sold. SLS then entered and integrated the documents in Exhibit "A" and Exhibit "B" into its own records, in the regular course of business, and said documents became SLS's business records. I declare under penalty of perjury under the laws of the State of CA that the foregoing is within my personal knowledge and if called upon to testify I c 1 comp tently do so. This the ~ day of July , 20.12._ ~ Christ --£,A.fl.mt Sworn to and subscribed before me this /) day of _ Jut~ , 20 _n__. ~~ Signature of Notary Public.for Sowh Carolina Heather Propst , Notary Public NotmJ' 's Printed Name My commission expires: 2/8/2031 STA TE OF SOUTH CAROLINA COUNTY OF YORK AFFIDAVIT IN SUPPORT OF ACCELERATED BALANCE DUE I, Christopher P. Ruh, who, being first duly sworn according to law, deposes and says: I am the General Manager of Student Loan Solutions, LLC ("SLS" or "Plaintiff'). As such, f am authorized to testify on behalf of SLS. I have personally reviewed the documents and I am testifying of my own personal knowledge. The matters set forth in this affidavit are based upon my personal knowledge or belief, or are reflected in documents that SLS generates and maintains in the ordinary course of business. THE PROMISSORY NOTE: The Education Loan Agreement (the "Note") between Bank of America, NA, and Defendant, MARPLE, WILLIAM D ("Defendant"), is a loan that was purchased by SLS on October 31, 2017. A copy of the Note is attached hereto as Exhibit "A" and incorporated fully herein by this reference. A Note Disclosure Statement ("Disclosure Statement") was also provided to the Defendant. A copy of the Disclosure Statement is attached hereto as Exhibit "B" and incorporated fully herein by this reference. PRINCIPAL: The principal amount of the loan includes $30000 plus $2432.43 (loan origination fee) for a total principal amount of $32432.43. (Exhibit "A", Exhibit "B"). INTEREST CLAIMED: In the lawsuit, SLS foregoes any pre-judgment interest on the Note and seeks to recover only the principal. INSTALLMENT SCHEDULE: Defendant had (20.00) years to repay the $32432.43 principal plus interest from 2010-04-11 through 2030-03-11. (Exhibit "A", Exhibit "8"). Pursuant to the Note, Defendant agreed to pay the following monthly installments: 240 MONTHLY PAYMENTS OF $407.53. Pursuant to the Note, SLS, without losing any rights or remedies to recover the principal balance or post-judgment amounts, forgoes the pre-judgment interest component on each installment and only seeks to recover the principal component of each installment, which reduces the monthly installment amount from $407.53 to $135. 13 ($32432.43/ 240 = $ I 35. l 3). The principal-only installment amount has been rounded down to the nearest cent. Nothing in this affidavit waives or limits any post-judgment rights or remedies. DEFAULT: Within the past 4 years, SLS's records reflect no installment payments made on the Note. ACCELERATION AND NOTICE OF ACCELERATION: Pursuant to the Note, the Holder may, at its option, give notice that the outstanding principal balance, accrued interest, and any other amounts payable under the tenns of the Note are due and payable at once. SLS, as Holder, accelerated the Note for $18512.81. SLS sent Defendant written notice of acceleration via an Acceleration Notice dated 2022-07-08. A copy of the Acceleration Notice(s) is attached hereto as Exhibit "C" and incorporated fully herein by this reference. AMOUNT DUE: As of 2022-11-11, the amount due herein, foregoing applicable pre- judgment interest and excluding any amounts due more than 4 years ago, is the sum of all 137 installments due in the amount of $135.13 each (the installment has been rounded down to the nearest cent): 137 X $135.13 = $18512.81 BUSINESS RECORDS: Bank of America, N.A., regularly sells, assigns, and transfers loans to SLS. When Bank of America, N.A., sold, assigned, and transferred Defendant's Loan, it also transmitted and delivered routine, factual documents, including the documents described herein as Exhibit "A" and Exhibit "B", to SLS, in the regular course of business. The current balance of the Loan at the time of transfer was also transmitted and delivered to SLS when the Loan was sold. SLS then entered and integrated the documents in Exhibit "A" and Exhibit "B" into its own records, in the regular course of business, and said documents became SLS's business records. I declare under penalty of perjury under the laws of the State of CA that the foregoing is within my personal knowledge and if called upon to testify I cou t ·ompetently do so This the \~ day of July , 20_ll__ f j) Al . Sworn to and subscribed before me Christ~ r . uh,~~L this /) day of July , 20 .]L. ~/4,✓ Signature of Notary Public/or South Carolina Heather Propst , Notary Public Nola,y 's Printed Name My commission expires: 2/8/2031 ACCOUNT STATEMENT DATE 07'09122 INSTITUTION/CREDITOR STUDENT LOAN SOLUTIONS, LLC. CONSUMERS NAME BILL, JOSEPH COMAKER MARPLE, WILLIAM D ACCOUNT NUMBER '. 0302 DATE OF CONTRACT 2007-11-14 DATE OF PROMISSORY NOTE 2007-11-08 DATE OF CHARGE OFF 2011-09-23 DATE OF LAST PAYMENT N/A UNPAID PRINCIPAL AT THIS DATE $18512.81 TOTAL DUE $18512.81 STATE OF SOUTH CAROLINA COUNTY OF YORK I AFFIRM THAT, AS OF THIS DATE, THE ABOVE BALANCE IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. cHR18ToPHERt R H, .tAf MANAGER i\i'frt DATE SWORN TO AND SUBSCRIBED BEFORE ME THIS DAY OF - =Ju=-IY ~ -• 20 22 k~ NOTARY PUBLIC (SIGNATURE) NAME Heather Propst MY COMISSION EXPIRES 2/8/2031 Primary Obligors: BILL, JOSEPH Secondary Obligors: MARPLE, WILLIAM D State: CA Account Number: 0302 Out of Statute: In Statute: 103 Installments 137 Principal-Only Installments= $18512.81 I 2010-04-11 Repayment 2018-11-11 4 Years Prior to Expected Complaint 2022-07-08 Expected Acceleration 2022-11-11 Expected Complaint ] 2030-03-11 Final Payment j Start Date Due Date Installment # 1 Filing Date Notice Date [ Filing Date Installment #240 . • Total Principal Amount of Note (Original Loan A111011nl + Loan Origination Fee): $32432.43 • Number of Installments Per Note: 240 • First Installment Payment Due: 2010-04-11 • Final Installment Payment Due: 2030-03-11 • Obligor's state is CA. The SOL in CA is 4 years for this loan. • Expected Acceleration Notice Date: 2022-07-08 • Expected Com plaint Filing Date: 2022-11-11 • Date 4 Years Prior to the Expected Filing Date: 2018-11-11 • Time Period within the Statute of Limitations: 2018-11-11 to 2030-03-11 • Number of Installments within the Statute of Limitations: 137 • Number of Installments outside the Statute of Limitations: !03 • Original Monthly Installment Payment Schedule Per Note: 240 MONTHLY PAYMENTS OF $407.53 • Monthly Installment Reflecting Principal Only (Total Principal Amount of Note+ Number of Installments Per Note - rounded down to !he nearest cent): $135.13 Accelerated Balance Due as of Expected Complaint Filing Date: (Monthly lnstal/menl Reflecting Principal Only x Number of Installments within the Statute of limitations) $18512.81 Account & Consumer Information with Dates & Calculations 0302 PRIMARY OBLIGOR :iEtQ~DARI QIH.l~OR BILL,JOSEPH MARPLE, WILLIAM D ...................,, ..... ._... ,,_, .......... ,, Account# I I Creditor Account # Contract Type Loan Group Number .& . . . . . . ..... ,,,..,,.,_ Seal? -- """c-···"··"~ - - · ~ · · . . . . . . . . . . , , ...... , Cosigner? g ""' SL016 BK.07- I 6136582 I 5L732420302 I 08.CSXl. lODC.O 107 4 YES YES S/23/2011 Date of the First Date the Last RepaymentDate of the Final Contract Date I I Disbursement Date(s) Scheduled Repayment # of Monthly Payments Payment Schedule was Made (if any) Scheduled Repayment 240 MONTHLY PAYMENTS 11/14/2007 I 11/14/2007 I 4/11/2010 240 OF $407.53 N/A I 3/11/2030 calculated Monthly lnstallmentl calculated Monthly Installment Scheduled Monthly Last Scheduled Principal Plus Origination Loan Origination Fee Per Principal Per Note (P) Amount based on P+F and the Rounded Down to the Nearest Repayment Amount Repayment Amount Note (F) Fees (P+F) # of Monthly Payments Cent $407.53 $407.53 $30 000.00 State of Residence Per State where the School Date the Initial Notice (J2)1 Consumer# I Last Name First Name State of Residence Per DM Signature Date Note was Located was Sent 1926768 BILL JOSEPH CA HI MULTIPLE 11/ 8/ 2007