Preview
Filing # 124236556 E-Filed 04/02/2021 11:28:51 AM
MIDLAND CREDIT MANAGEMENT, INC. IN THE COUNTY COURT OF THE
Plaintiff, THIRTEENTH JUDICIAL CIRCUIT IN
AND FOR HILLSBOROUGH COUNTY,
VS. FLORIDA
CASE NO.:
JEANETTE JARVIS
Defendant.
STATEMENT OF CLAIM
Plaintiff MIDLAND CREDIT MANAGEMENT, INC., sues Defendant, JEANETTE JARVIS, and
alleges:
1. This is an action for damages that does not exceed the jurisdictional amount pursuant to Florida
Small Claims Rule 7.010(b).
2. Before the institution of this action, Plaintiffs predecessor in interest, SYNCHRONY BANK and
Defendant had business transactions between them under XXXXXXXXXXXX-
On February 18, 2019, the account was charged-off and a resulting balance became due.
3. Plaintiffs predecessor rendered a statement of account to Defendant, a copy being attached, and
Defendant did not object to the statement.
4. Plaintiff subsequently acquired allright, titleand interest to Defendanfs account. A copy of the
chain of title and/or bill(s) of sale to Plaintiff is attached.
5. Plaintiff notified Defendant of the assignment more than 30 days before initiation of legal action,
pursuant to Florida Statute §559.715.
6. Plaintiff has met all conditions precedent to the initiation of this lawsuit, or those conditions have
been waived.
7. Defendant owes Plaintiff theprincipal balance of $1,560.26 and the costs of bringing this action.
WHEREFORE, Plaintiff demands judgment for damages against the Defendant in the amount of
$1,560.26 and costs.
./s./Johan A. Green, Esq,
PAYAL CHATANI, Esq., Fla. Bar 25285
MOLLY FITZPATRICK, Esq., Fla. Bar 103529
COLLEEN E. LEHMANN, Esq., Fla. Bar 33496
VALERIA OBI, Esq., Fla. Bar 106554
JOHAN A. GREEN, Esq., Fla. Bar 1011917
MATTHEW OVERPECK, Esq., Fla. Bar 121625
CHASE HAGUE, Esq., Fla. Bar 1008510
Attorneys for Plaintiff
PO BOX 290335
TAMPA FL 33687
(866) 300-8750 Phone / (813) 337-0637 Fax
E-service address: IL_FL@mcmcg.com
PLEASE UNDERSTAND THIS COMMUNICATION IS FROM A DEBT COLLECTOR.
THIS IS AN ATTEMPT TO COLLECT A DEBT.
ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
FL_0103G File No.:
21-35243 Client Number: 301170283
4/2/2021 11:28 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 1
JEANETTE JARVIS Visit
usat evine.com
Evine Order Line: 800-474-6762
Card Service Line:
866-848-5638
Summary Activity
of Account PaymentInformation
Previous Balance $1,484.98
New Balance $1,560.26
+FeesCharged $38.00Amount Past Due $439.00
+ Charges
Interest $37.28 Payment
Total Minimum Due $530.00
New Balance $1,560.26
Over lirnit Amount $560.26
Payment
Due Date 02/15/2019
Credit Limit $1,000.00
Available Credit $0.00LatePayment Warning:If we do not receive your Total
Closing Date
Statement Minimum
01/23/2019 Payment Due by the Payment Due Date listed above,
Days
inBilling Cycle 31 $38.00.
you may have to pay a late fee up to
MinimumPayment Warning:
If you make only the minimum
payment each period,
you will pay more in interest and it will
longer to pay
take you example:
off your balance. For
If you make noYou will pay ofi
And you will end
additional charges
the balance up paying an
using this card
shown
onthis estimated total
and each month statement in of...
you pay
... about
...
Only the minirnum4 years $2,315.00
payment
credit counseling
If you would like information about
services call 1-877-302-8775.
Summary
Transaction
Tran Date
Post Date
Reference Number Description of Transaction
orCredit Amount
FEES
01/15 01/15 LATE FEE $38.00
TOTAL FEES FOR THIS PERIOD $38.00
INTEREST CHARGED
01/23 01/23 INTEREST CHARGE ON PURCHASES $37.28
TOTAL INTEREST FOR THIS PERIOD $37.28
2019 Totals Year-to-Date
Charged
Total Fees in 2019 $38.00
Charged
Total Interest in 2019 $37.28
Total Interest Paid in 2019 $0.00
Charge Calculation
nterest
Percentage Rate (APR)is the
(our Annual annual interest rate
onyour account.
Expiration Annual Balance Subject
Interest Balance
rype of Balance Date Percentage Rate Charge
to Interest Rate Method
Regular Purchase NA 28.99%(v) $1,513.86 $37.28 20
V). Variable Rate
PAYMENT DUE BY 5 P.M. (ET) ON THE DUE DATE.
for details,
Billing Rights
NOTICE: We may convert your payment into an electronic debit. See
reverse Information and other
important information.
5484 AXI-1 1 7 20190123 E X PAGE 1
of 3 93411200NB1201N554B4
—1
portion
Detach and mail this correspondence with
with your check. Do not include any your check.
Total Minimum Amount Payment
Due Overlimit New Balance
Payment Due Past Due Date Amount
8530.00 $439.00, 02/15/2019 $560.26 $1,560 26
Payment Enclosed: Please use
alb
blueor black ink. Save a stamp,
•
pay on-line at evine.com
or Changes
email? Print
New address onback.
JEANETTE JARVIS
APT P4 # P4
2105 W COOL SPRINGS RD MakePayment to: SYNCHRONY BANK/EVINE
TAMPA FL 33604-2615 PO BOX 960009
ORLANDO, FL 32896-0009
4/2/2021-11:28 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 2
jCardholder News and Information
PLEASE PAY THE MINIMUM PAYMENT DUE OR
YOUR ACCOUNT IS PAST DUE.
CONTACT THIS OFFICE AT THE PHONE NUMBER LISTED ON YOUR STATEMENT.
You pay your bill online or over the phone. We noticed you've been enjoying our easy paperless payment options, so we
can
longer be including return envelopes. You can make things even easier by selecting the paperless statement option on
will no
your account online.
Cardholder Benefits and Information
Check your balance, pay your bill, download your account
Manage your account online at www.evinecard.com. activity,
update your address and much more.
.E AXH 1 7 20 190123 of
£ X PAGE 23 9391 1200t4912
011905989
4/2/2021-11:28 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 3
.18, 20 _LS_23 93411200 N51201NS5484
4/2/2021 11:28 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 4
4/2/2021 11:28 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 5
synchrE9Apy
4125 WriadwarTi Plaza
Alpharetta, Ga. 30005-8378
BILL of SALE
Midland (MI IS) - PLCC Fresh - March 2019
For value received and in further consideration ofthe mutual covenants and
conditions set forth in the
Forward Flow Accounts Purchase Agreement (the
"Agreement"), dated as of the 18th day of February, 2019 by
and between Synchrony Bank formerly known as GE
Capital Retail Bank; RFS Holding, L.L.C.; and Retail
Finance Credit Services, LLC (collectively "Seller) and Midland Crcdit Managernent, Inc. ("Buyer), Seller
hereby transfers, sells, conveys, grants, and delivers to Buyer, its successors and assigns, without recourse
except as set forth in the Agreement, the Accounts as set forth in the Notification Files, delivered by Seller to
Buyer on or about March 19, 2019, and as further described in the Agreement. Capitalized terms not defined
herein shall have the definition ascribed in the
Agreement.
With respect to information for the Accounts summarized in the NotificationFiles, the Seller represents
and warrants to Buyer that (i) the Account information constitutes the
Seller's own business records and
accurately reflects in all material respects the information in the Seller's database; (ii) the Account information
was kept in the
regular course of business; (iii) the Account information was made at or near the time by, or
from information transmitted by, a person with
knowledge of the data entered into and maintained in the
Account's database; and (iv) it is the regular practice of the Seller's business to maintain
and compile such data.
Synchrony Bank Retail Finance Credit Services LLC
.••-,
-
By: OP'',
Lynne 4;;::?er
-
...
BY: Ora -A., .0
Lynne Fi. er
Title: ';uly Authorized Signatory Title: Vice '
resident
RFS Holding, LLC Midlani Credit Management, Inc.
)./6•. 2r-,-. . c.
,,,..
/
By: C7S By:
A
,i(410 ALA lab. A
Lynnel*r.
ger _
Ime I,
Title: Authorized Signatory Title: ', -1-tor toeinAeini-
a.4.cco,...tcs
4/2/2021 11:28 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 6
Purchase Price Reconciliation/Funding Instructions
March 21, 2019
To: Midland
This FORWARD FLOW ACCOUNTS PURCHASE AGREEMENT, is made this 18'h day of
February, 2019 (the "Effective Date"), by and between Synchrony Bank formerly known as GE
Capital Retail Bank; RFS Holding, L.L.C.; and Retail Finance Credit Services, LLC (collectively,
"Seller") and Midland Credit Management, Inc. ("Buyer") with reference to the following facts and
circumstances:
Portfolio RMS NG
Agcy_Atty Code MIlS
Total Number of Accounts
Outstanding Balances on Transfer Date
Cut-Off Date March 19, 2019
Transfer Date March 19, 2019
Purchase Price Factor
Purchase Price
0% Holdout
Amount of Wire transfer
Date of Funding: March 27, 2019
No:
Account Holder:
Location:
4/2/2021 11:28 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 7
AFFIDAVIT OF SALE
OF ACCOUNT
BY ORIGINAL CREDITOR
State of Florida County of Seminole
Julio Perez being duly sworn, deposes and says:
Iam over 18 and not a party of this action. I am a Media Representative of Synchrony Bank
formerly known as GE Capital Retail Bank. In that position I have access to creditor's books and
records, and am aware of the process of the sale and assignment of electronically stored business
records.
On or about 03/19/2019 Synchrony Bank formerly known as GE Capital Retail Bank sold a pool
of charge-off accounts (the Accounts) by a Purchase and Sale Agreement and a Bill of Sale to
Midland Credit Management, Inc. As part of the sale of the Accounts, electronic records and
other records were transferred on individual Accounts to the debt buyer. These records were kept
in the ordinary course of business of Synchrony Bank formerly known as GE Capital Retail
Bank.
The Creditor has a process to detect and correct errors on these accounts. The above statements
are true to the best of my knowledge.
Signed this 9th day of April, 2019
Julio Per z
Signed and sworn to before me this 9th day of April, 2019
(Notary Stamp)
SUZANNE TREMBLAY
sState of Florida-Notary Public
•
••0'
/4 A A JI /
%.:%„11-
Commission # GG 134425
My Commission Expires
4
NY AOS 1.3 2/1/2017 -
St. Paul
4/2/2021 11:28 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 8
CERTIFICATE OF CONFORMITY UNDER
NYS CLS CPLR § 2309(c) AND NYS CLS RPL § 299-a
The undersigned does hereby certify that he/she is an attorney-at-law duly admitted to
practice in the State of Florida and residing in the State of Florida; that he/she is a person duly
qualified to make this certificate of conformity pursuant to Section 299-a of the Real Property Law
of the State of New York; that he/she is fully acquainted with the laws of the State of Florida
pertaining to the acknowledgment or proof of affidavits; that the acknowledgement or proof upon
the foregoing Affidavit of Julio Perez was taken by Suzanne Tremblay, a notary public in the
State of Florida, in the manner prescribed by the laws of the State of Florida, being the state in
which the Affidavit was taken; and, based on his/her review thereof, that the notarized Affidavit
conforms to the laws of the State of Florida in all respects.
Witness my signature this 9th day of April, 2019
Alexandria Gordon
Attorney-at-law, State of Florida.
4/2/2021 11:28 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 9
4/2/2021 11:28 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 10
Preview
Filing # 124236556 E-Filed 04/02/2021 11:28:51 AM MIDLAND CREDIT MANAGEMENT, INC. IN THE COUNTY COURT OF THE Plaintiff, THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY, VS. FLORIDA CASE NO.: JEANETTE JARVIS Defendant. STATEMENT OF CLAIM Plaintiff MIDLAND CREDIT MANAGEMENT, INC., sues Defendant, JEANETTE JARVIS, and alleges: 1. This is an action for damages that does not exceed the jurisdictional amount pursuant to Florida Small Claims Rule 7.010(b). 2. Before the institution of this action, Plaintiffs predecessor in interest, SYNCHRONY BANK and Defendant had business transactions between them under XXXXXXXXXXXX- On February 18, 2019, the account was charged-off and a resulting balance became due. 3. Plaintiffs predecessor rendered a statement of account to Defendant, a copy being attached, and Defendant did not object to the statement. 4. Plaintiff subsequently acquired allright, titleand interest to Defendanfs account. A copy of the chain of title and/or bill(s) of sale to Plaintiff is attached. 5. Plaintiff notified Defendant of the assignment more than 30 days before initiation of legal action, pursuant to Florida Statute §559.715. 6. Plaintiff has met all conditions precedent to the initiation of this lawsuit, or those conditions have been waived. 7. Defendant owes Plaintiff theprincipal balance of $1,560.26 and the costs of bringing this action. WHEREFORE, Plaintiff demands judgment for damages against the Defendant in the amount of $1,560.26 and costs. ./s./Johan A. Green, Esq, PAYAL CHATANI, Esq., Fla. Bar 25285 MOLLY FITZPATRICK, Esq., Fla. Bar 103529 COLLEEN E. LEHMANN, Esq., Fla. Bar 33496 VALERIA OBI, Esq., Fla. Bar 106554 JOHAN A. GREEN, Esq., Fla. Bar 1011917 MATTHEW OVERPECK, Esq., Fla. Bar 121625 CHASE HAGUE, Esq., Fla. Bar 1008510 Attorneys for Plaintiff PO BOX 290335 TAMPA FL 33687 (866) 300-8750 Phone / (813) 337-0637 Fax E-service address: IL_FL@mcmcg.com PLEASE UNDERSTAND THIS COMMUNICATION IS FROM A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. FL_0103G File No.: 21-35243 Client Number: 301170283 4/2/2021 11:28 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 1 JEANETTE JARVIS Visit usat evine.com Evine Order Line: 800-474-6762 Card Service Line: 866-848-5638 Summary Activity of Account PaymentInformation Previous Balance $1,484.98 New Balance $1,560.26 +FeesCharged $38.00Amount Past Due $439.00 + Charges Interest $37.28 Payment Total Minimum Due $530.00 New Balance $1,560.26 Over lirnit Amount $560.26 Payment Due Date 02/15/2019 Credit Limit $1,000.00 Available Credit $0.00LatePayment Warning:If we do not receive your Total Closing Date Statement Minimum 01/23/2019 Payment Due by the Payment Due Date listed above, Days inBilling Cycle 31 $38.00. you may have to pay a late fee up to MinimumPayment Warning: If you make only the minimum payment each period, you will pay more in interest and it will longer to pay take you example: off your balance. For If you make noYou will pay ofi And you will end additional charges the balance up paying an using this card shown onthis estimated total and each month statement in of... you pay ... about ... Only the minirnum4 years $2,315.00 payment credit counseling If you would like information about services call 1-877-302-8775. Summary Transaction Tran Date Post Date Reference Number Description of Transaction orCredit Amount FEES 01/15 01/15 LATE FEE $38.00 TOTAL FEES FOR THIS PERIOD $38.00 INTEREST CHARGED 01/23 01/23 INTEREST CHARGE ON PURCHASES $37.28 TOTAL INTEREST FOR THIS PERIOD $37.28 2019 Totals Year-to-Date Charged Total Fees in 2019 $38.00 Charged Total Interest in 2019 $37.28 Total Interest Paid in 2019 $0.00 Charge Calculation nterest Percentage Rate (APR)is the (our Annual annual interest rate onyour account. Expiration Annual Balance Subject Interest Balance rype of Balance Date Percentage Rate Charge to Interest Rate Method Regular Purchase NA 28.99%(v) $1,513.86 $37.28 20 V). Variable Rate PAYMENT DUE BY 5 P.M. (ET) ON THE DUE DATE. for details, Billing Rights NOTICE: We may convert your payment into an electronic debit. See reverse Information and other important information. 5484 AXI-1 1 7 20190123 E X PAGE 1 of 3 93411200NB1201N554B4 —1 portion Detach and mail this correspondence with with your check. Do not include any your check. Total Minimum Amount Payment Due Overlimit New Balance Payment Due Past Due Date Amount 8530.00 $439.00, 02/15/2019 $560.26 $1,560 26 Payment Enclosed: Please use alb blueor black ink. Save a stamp, • pay on-line at evine.com or Changes email? Print New address onback. JEANETTE JARVIS APT P4 # P4 2105 W COOL SPRINGS RD MakePayment to: SYNCHRONY BANK/EVINE TAMPA FL 33604-2615 PO BOX 960009 ORLANDO, FL 32896-0009 4/2/2021-11:28 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 2 jCardholder News and Information PLEASE PAY THE MINIMUM PAYMENT DUE OR YOUR ACCOUNT IS PAST DUE. CONTACT THIS OFFICE AT THE PHONE NUMBER LISTED ON YOUR STATEMENT. You pay your bill online or over the phone. We noticed you've been enjoying our easy paperless payment options, so we can longer be including return envelopes. You can make things even easier by selecting the paperless statement option on will no your account online. Cardholder Benefits and Information Check your balance, pay your bill, download your account Manage your account online at www.evinecard.com. activity, update your address and much more. .E AXH 1 7 20 190123 of £ X PAGE 23 9391 1200t4912 011905989 4/2/2021-11:28 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 3 .18, 20 _LS_23 93411200 N51201NS5484 4/2/2021 11:28 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 4 4/2/2021 11:28 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 5 synchrE9Apy 4125 WriadwarTi Plaza Alpharetta, Ga. 30005-8378 BILL of SALE Midland (MI IS) - PLCC Fresh - March 2019 For value received and in further consideration ofthe mutual covenants and conditions set forth in the Forward Flow Accounts Purchase Agreement (the "Agreement"), dated as of the 18th day of February, 2019 by and between Synchrony Bank formerly known as GE Capital Retail Bank; RFS Holding, L.L.C.; and Retail Finance Credit Services, LLC (collectively "Seller) and Midland Crcdit Managernent, Inc. ("Buyer), Seller hereby transfers, sells, conveys, grants, and delivers to Buyer, its successors and assigns, without recourse except as set forth in the Agreement, the Accounts as set forth in the Notification Files, delivered by Seller to Buyer on or about March 19, 2019, and as further described in the Agreement. Capitalized terms not defined herein shall have the definition ascribed in the Agreement. With respect to information for the Accounts summarized in the NotificationFiles, the Seller represents and warrants to Buyer that (i) the Account information constitutes the Seller's own business records and accurately reflects in all material respects the information in the Seller's database; (ii) the Account information was kept in the regular course of business; (iii) the Account information was made at or near the time by, or from information transmitted by, a person with knowledge of the data entered into and maintained in the Account's database; and (iv) it is the regular practice of the Seller's business to maintain and compile such data. Synchrony Bank Retail Finance Credit Services LLC .••-, - By: OP'', Lynne 4;;::?er - ... BY: Ora -A., .0 Lynne Fi. er Title: ';uly Authorized Signatory Title: Vice ' resident RFS Holding, LLC Midlani Credit Management, Inc. )./6•. 2r-,-. . c. ,,,.. / By: C7S By: A ,i(410 ALA lab. A Lynnel*r. ger _ Ime I, Title: Authorized Signatory Title: ', -1-tor toeinAeini- a.4.cco,...tcs 4/2/2021 11:28 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 6 Purchase Price Reconciliation/Funding Instructions March 21, 2019 To: Midland This FORWARD FLOW ACCOUNTS PURCHASE AGREEMENT, is made this 18'h day of February, 2019 (the "Effective Date"), by and between Synchrony Bank formerly known as GE Capital Retail Bank; RFS Holding, L.L.C.; and Retail Finance Credit Services, LLC (collectively, "Seller") and Midland Credit Management, Inc. ("Buyer") with reference to the following facts and circumstances: Portfolio RMS NG Agcy_Atty Code MIlS Total Number of Accounts Outstanding Balances on Transfer Date Cut-Off Date March 19, 2019 Transfer Date March 19, 2019 Purchase Price Factor Purchase Price 0% Holdout Amount of Wire transfer Date of Funding: March 27, 2019 No: Account Holder: Location: 4/2/2021 11:28 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 7 AFFIDAVIT OF SALE OF ACCOUNT BY ORIGINAL CREDITOR State of Florida County of Seminole Julio Perez being duly sworn, deposes and says: Iam over 18 and not a party of this action. I am a Media Representative of Synchrony Bank formerly known as GE Capital Retail Bank. In that position I have access to creditor's books and records, and am aware of the process of the sale and assignment of electronically stored business records. On or about 03/19/2019 Synchrony Bank formerly known as GE Capital Retail Bank sold a pool of charge-off accounts (the Accounts) by a Purchase and Sale Agreement and a Bill of Sale to Midland Credit Management, Inc. As part of the sale of the Accounts, electronic records and other records were transferred on individual Accounts to the debt buyer. These records were kept in the ordinary course of business of Synchrony Bank formerly known as GE Capital Retail Bank. The Creditor has a process to detect and correct errors on these accounts. The above statements are true to the best of my knowledge. Signed this 9th day of April, 2019 Julio Per z Signed and sworn to before me this 9th day of April, 2019 (Notary Stamp) SUZANNE TREMBLAY sState of Florida-Notary Public • ••0' /4 A A JI / %.:%„11- Commission # GG 134425 My Commission Expires 4 NY AOS 1.3 2/1/2017 - St. Paul 4/2/2021 11:28 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 8 CERTIFICATE OF CONFORMITY UNDER NYS CLS CPLR § 2309(c) AND NYS CLS RPL § 299-a The undersigned does hereby certify that he/she is an attorney-at-law duly admitted to practice in the State of Florida and residing in the State of Florida; that he/she is a person duly qualified to make this certificate of conformity pursuant to Section 299-a of the Real Property Law of the State of New York; that he/she is fully acquainted with the laws of the State of Florida pertaining to the acknowledgment or proof of affidavits; that the acknowledgement or proof upon the foregoing Affidavit of Julio Perez was taken by Suzanne Tremblay, a notary public in the State of Florida, in the manner prescribed by the laws of the State of Florida, being the state in which the Affidavit was taken; and, based on his/her review thereof, that the notarized Affidavit conforms to the laws of the State of Florida in all respects. Witness my signature this 9th day of April, 2019 Alexandria Gordon Attorney-at-law, State of Florida. 4/2/2021 11:28 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 9 4/2/2021 11:28 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 10