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Filing # 128299725 E-Filed 06/08/2021 11:08:59 AM
IN THE COUNTY COURT IN AND FOR GADSDEN COUNTY, FLORIDA
CASE NO.::
Midland Credit Management, Inc.
Plaintiff,
VS. COMPLAINT
JOSEPH ALAN BLECHINGER,
Defendant
/
COMES NOW the Plaintiff, Midland Credit Management, Inc., by and through its undersigned
counsel, and sues Defendant, JOSEPH ALAN BLECHINGER, and states as follows:
GENERAL ALLEGATIONS
This is an action for damages that are within the jurisdictional limits of this court exclusive of
costs.
Venue of this action is proper in the county named above because the Defendant is a resident
of this county and/or because the Defendant executed the subject agreement in this county
Upon Defendant’s request, the original creditor, COMENITY CAPITAL BANK, issued a
credit account in the name of Defendant bearing the account number
Prior to the commencement of this action, Plaintiff, Midland Credit Management, Inc.,
acquired Defendant’s account originated by the original creditor, see attached Exhibit “A”,
and as such is entitled to all rights originally bestowed upon the original creditor.
Although demands have been made by Plaintiff, Midland Credit Management, Inc., upon
Defendant for payment, Defendant has failed or refused to pay the amount due and owing on
the account.
Plaintiff and its predecessors have duly performed all promises and conditions precedent as
required.
AMO
COUNT I- ACCOUNT STATED
Plaintiff readopts and re-alleges allegations one (1) through six (6) above and further states as
follows:
7. Before the institution of this action, Plaintiff's predecessor in interest and the Defendant,
JOSEPH ALAN BLECHINGER, had business transactions between them where the parties
agreed upon a resulting balance. Plaintiff is an assignee and as such obtains all rights of the
original creditor to be repaid.
There are no unresolved billing disputes made in response to receiving the account statements
and, therefore, there is a prima facie case establishing the correctness of the account balance.
See, Farley v. Chase Bank, USA, NA, 37 So. 3d 936 (Fla. 4" DCA 2010). Copies of any
available statements are attached hereto and incorporated herein as Composite Exhibit “B”
By using and/or making payments on the subject account, the Defendant accepted the resulting
balance.
10. After adjustment for any credits or payments made after charge off of the account, Defendant
owes Plaintiff, Midland Credit Management, Inc., the amount of $31,962.89.
WHEREFORE Plaintiff, Midland Credit Management, Inc., respectfully requests this Honorable
Court enter Judgment in its favor against Defendant, JOSEPH ALAN BLECHINGER, in the sum of
$31,962.89 together with court costs as described herein and any other just and further relief as this
Honorable Court deems just and proper.
Respectfully submitted,
ANDREU, PALMA, LAVIN, & SOLIS, PLLC
[4 Vbane Nernandeq - FEN 10260/0
815 NW 57th Avenue, Suite 40”
Miami, FL 33126
Tel. (305)631-0175
Fax. (305)631-1816
Email: eservice@andreupalma.com
2105003279
EXHIBIT A
EXHIBIT A
BILL OF SALE
Comenity Capital Bank (“Seller”), for value received and pursuant to the terms and
conditions of that certain Credit Card Account Purchase Agreement dated October 25
2019 between Seller and Midland Credit Management, Inc. (“Purchaser”), its successors
and assigns (“Credit Card Account Purchase Agreement”), hereby assigns effective as of
the Closing Date of August 17, 2020 all rights, title and interest of Seller in and to those
certain Accounts described in the Credit Card Account Purchase Agreement and
Schedule | (the “Asset Schedule”) attached hereto and made part hereof for all purposes.
to Purchaser.
The information contained in the Sale File (collectively, “Seller’s Accounts
Information”) is true and complete as of the File Creation Date. Further, all of the
information contained in Seller’s Accounts Information (a) constitutes Seller's own
business records regarding the Accounts and (b) accurately reflects in all material
respects the information about the Accounts in Seller’s possession All of Seller’s
Accounts Information has been kept in the regular course of Seller’s business, and was
made or compiled at or near the time of the event and recorded by (or from information
transmitted by) a person (i) with knowledge of the data entered into and maintained in
Seller’s business records, or (ii) who caused the data to be entered into and maintained in
Seller’s business records. All capitalized terms used, but not defined, in this Bill of Sale
shall have the meanings assigned to such term in the Credit Card Account Purchase
Agreement.
This Bill of Sale is executed without recourse except as stated in the Credit Card Account
Purchase Agreement to which this is an Exhibit. No other representation of or warranty of
title or enforceability is expressed or implied
esac foto
COMENITY CAPITAL BAN) Midland Credit Management, Inc.
ed tow Qe
By
7
By
Date: “Gps /2> Date: 9/30/2020
v
Title: CG A Title MVP of Business Development
SCHEDULE 1 TO BILL OF SALE
ASSET SCHEDULE
The individual Accounts transferred pursuant to the Credit Card Account Purchase Agreement and
Bill of Sale are described in the electronic file named
MCMG_HF_AUG_2020_DPL_CCB.TXT;MCMG_HF_AUG_2020_LCS_CCB.TXT delivered by
Comenity Capital Bank to Midland Credit Management, Inc. on August 10, 2020 and
summarized in the table immediately below (the “Sale File”).
# of Charged-off
Accounts
Aggregate Unpaid Balance Percent File Creation Date
=
8/10/2020
EXHIBIT B
CLOSING STATEMENT
AGREEMENT DATE: October 25, 2019
=
SELLER: _COMENITY CAPITAL BANK
PURCHASER: _Midland Credit Management, Inc. ==
MCMG_HF_AUG 2020_DPL_CCB.TXT;
FILE NUMBER: MCMG_HF_AUG 2020 LCS CCB.TXT
NUMBER OF ACCOUNTS:
TOTAL UNPAID BALANCE:
PURCHASE PRICE
PERCENTAGE:
PURCHASE PRICE:
FILE CREATION DATE: August 10, 2020
=
CLOSING DATE: August 17, 2020
WIRING INSTRUCTIONS
EXHIBIT B
nh
PAGE10F 4
‘Account no. a New balance $31,962.89
1um payment due $8,126.00
Previous balance $31,386.56 Payment due date 08/02/2020
Payments 0.00 Late payment warning:
Other credits 0.00 It we do not receive your minimum payment by 08/02/2020 you may
Purchases 0.00 _haveto pay up to 2 $39.00 lato fee.
Other debits 0.00
Fees charged 39.00 Minimum payment warning: If you make only the minimum,
Interest charged 537.93 yyment for each period, you will pay more in interest and it will ake
New balance $31,962.89 ‘you longer to pay off your balances. For example:
Past due amount 7,007.00 If you make no additional ‘You will pay off ‘And you will
Credit limit $28,090.00 charges using this card the balance shown ‘end up paying an|
Available credit and each month you pay: on the statement ‘estimated total
Statement closing date 7/07/2020 about:
Days in billing cycle 31 Only the minimum payment 19 years 860971
For information regarding credit counseling services,
call 1-800-284-1706.
Skip signing in to pay and use Comenity's EasyPay. I's safe and convenient. Use your smartphone camera or code:
reader to scan the QR code printed on your payment stub below to get started.
TRANS DATE ‘TRANSACTION DESORIPTION/LOCATION, ‘AMOUNT.
Fees
07/02/2020 LATE FEE 39.00
Total fees charged for this period $39.00
Interest charged
Interest charge on purchases $537.33
Total interest for this period $537.33
2020 totals year to date
Total tees charged in 2020 $268.00
Total interest charged in 2020 $3,720.89
Meee eerie
‘Your Annual Percentage Rate (APR) is the annual interest rate on your account. See BALANCE COMPUTATION METHOD.
on page 2 for more details. Minimum interest charge may exceed interest charge below, per your credit card agreement
TYPE OF BALANCE SUBJECT. INTEREST
BALANCE APR TO INTEREST RATE CHARGE
Purchases 19.9900% 31,653.30 537.33,
Petia ee
Affected by COVID-19? Comenity Capital Bank Offers Support
‘As the bank that manages your credit card. our hearts go out to those affected by the coronavirus
(COVID-19) pandemic.
‘The support we're extending to you. If you're experiencing financial hardship because of COVID-19,
please call 1-866-621-5101 (TDD/TTY: 1-888-819-1918) to discuss how we may be able to help.
(conmINUED)
- NOTICE: Sae reverse sie for important information
‘Recount seen ane,
a
number
VACATION CLUB New balance Minium
$31,962.89 $8,126.00
994
Paymgnt must react us by
O Yes, | have moved or updated my
e-mail adress - see reverse. ‘Amount enclosed: 6pm
Ploaso make check payable to:
COMENITY - Vacation Club Credit
Hil nchetstill Heel! lease retum this portion along with your payment to:
JOSEPH ALAN BLECHINGER
2962 DELLWOOD CYPRESS RD PO BOX 659834
MARIANNA FL 32446-6773 SAN ANTONIO TX 78265-9134
ete Lenn! altel ttl
aT
Keep this portion for your records (CREDIT REPORTING. We may report information about your account to
What To Do If You Think You Find A Mistake On Your Statement \Ubureaus, Lale payments, seu faymens, or olher delaulls on your
I Yau think there is an ener on your statement, write tous al: Camenity ‘account may be fellacted in you it repor
Capital Bank PO Box 182620, Columbus, Onio 43218-2620, NOTICE OF CREDIT REPORT DISPUTES
you believe the ccounl information we reported lo cores
.Inyour‘auntlet evatormatian:
r, give us the following information:
Your name ahd account rnb. ‘agency is inaccurate, you may submit a diet sispute to Comenity reporling Capital
‘© ilar amount: i cellar amount of the suspacted evar, Bank PO Box 182120, Columbus, Ohio 43218-2120. Your mitten dispute
‘© Description of Problem: I you thirk there is an extor on your Bil UST proxice suficient information to entity the account anv specity wy
lescribe what yo believe Is wrong, and why you believe iis @ mistake, the information is inaccurate:
Int Information: Your name and acecunt number
You ws canta us wii 60 days after hs ‘appeared on your ‘Contact Information: Your address and telephone number
statement, You must rotify us of any potential crors in writing. ' Disputed Information: Identify the secount infermation disputed and
Callus, but if you do we are not required to investigate any potential errors ‘explain why you believe i is Inaccurate
‘ani you may Rave to pay Ihe amount in question. Yehile we investigate ‘+ Supporting Documentation: f available, provide a copy of the section of
:tahothr oF not there has been an errr, 1 following are tru: tha ereditragort showing the account information you are dieputing
‘We eannat try 10 eo "eat fin question, rep vo a Vie wil investigate the disputed information and report the rs yous
inquent on that amount within 30 days of rocoipt ofthe information needed for our investigation, If
the change in question may remain on your siatement, and we may we find thal the 2ecounl information we reverted is inaceurae, we wil
continue to chaine you interest on trial amount. Wut, if We determine that promptly prow assay correct heonsumar reporting
\we made a mistake, you will not have ta pay the ameunt in question of lager la which we reparled Une info nation
{ny interest or other faas related to that amount PAYMENTS MARKEDamounls
"PAID INthetFULL" All writen communiations
While you do nat have to pay the amount in quasticn, you are responsible regarding disputed includ any check orather payment
r Wefor thecan remainder of your balance.
apply any unpaid amount against your ereit limit instrument marked with “payment in fl” or similar Lang
fo 6hH0 North Loop 16004 last, Suite TOT, San Antonin, DOTA 7-500,
st be sent
Your Rights If You Are Dissatisfied With Your Credit Card Purchases DO NOT USE THE ENCLOSED REMITTANCE ENVELOPE,
I you are dicsatstied with tha goods or services that you have purchased We may sec pyre sent to any oer ads aout ing any of
wilh your ered card, ane you have (ried i good fail lo curect he our
problem with the merchant, you may have the right not to pey the remaining No pa si shall aerate as an accord ard salislaction wihoulpriar
written appraval
amount duo on the purchase. To use this right, al of the folloning must be CUSTOMER SERVICE. Vist wn comerityneracationctucr cal
iu 1-866-621-5101 (IDD/TTY 1-82-81 8
1. The purchase nust have been made in your home state or within 100, TELEPHONE MONITORING. Torro you wih high-quality servis, prone
rile of your cutent mailing audtess, and Ue purchase price wus hace ‘communication with us is menifored ano record
bbeon more than $50. (Note: Neitherof thes is necessary if your purchase
vas based on an advertisernent we mailed you, o ie own Ihe company )ODITIONAL INFORMATION. The lolawing desixrations, when spears
thal sola yeu the saeds or services) ‘onthe Tront ot your statement, mes i ne Weare vai ae
2.You must have used your eredit card forthe purchase. Purchases made (his rate may vary); WW INT PAY RQ means WAIVE INTER! "AYMENT
with cash advannes tram an AIM or with a check thal aoresses your crest REQUIRED: WW INT FO PY means WAIVE INTFRFST, FU, 0 anaes ae
‘ard account do not quali INT LOW PHT moans WAIVE INTEREST, LOW PAYMENT: DF INT PY RG.
3. You must rl yel fave [lly pail for the purchase. means DEFER INTEREST, PAYMENT REQUIRED; DEF INT EO PY means
Ill of the criteria above are met and you are st dlssatistied with the DETER INTERCST, CQUAL PAYMENT; DI INT LOW PMT means DETCR
purchase, contact us éo wrtiag at: Comenity Capital Bank PO Box 182620, INTEREST, LOW PAYMENT and LOW APR EQ PAY means LOW APR, EQUAL
Golumivus, Dhib 43218263 PAYBILN I you have a vatiable rate account, your periric rates may Wary.
While we irvastivat, lhe same rules apply to he disputed anwunas You may pay all of your Account Balance at any time without penalty
discussed above. Alt ish our investigation, we wil tel you! out Send all ings to: CUSTOMER SERVICE, PO Box 183003, Columbus,
{acision AL lalyoulpoinl, iT we think you owe art ammount and you do tol ey Ohio
‘we may report as delinquent Send all bankruptcy notices and related correspondence to Comeni
HOW TO AVOID PAYING INTEREST. Your duo dato is at ast 25 days alter Capital Bank, Bankruptcy Department, PO Box 183043, Columbus, Ohio
the clase of each billing cycle, We will rot charge you interest on purchases
it you pay your entire balance by the fur date rach month, We wil bezin In NOTICE ABOUT ELECTRONIC CHECK CONVERSION, When you provide @
charge interest on now purchases mado under a Low APR, Equal Payment week2s ment, you authorize us either to use information from your
fr Blniger Payment Cred Plan fram he date af purchase. ‘check lo make a cie-tine electronic fund transfer ror your account Wo
BALANCE COMPUTATION METHOD. We calculate interest separately for process the payment as a check transaction. When we use information from
cach pe of balance one account wing a ‘Day Bales fo dtermine your ciieck lo make an electronic urd transer, funds may be wil ser
im ily era We fst the int 3 Teor your aceount a8 scen a8 the same day we tees) our payment, anc
your account by applying the pera fc rao ta the “dally balance’ of your you will aot receive your chack back from your financial institution,
laccoun Tor each day he bili eye. Ta gt le “aly balance” we Lake
the beninning balance of your account each day, add ary new purchases,
advancs, fors and balaneo transfers, and subtract any payments or credits
Creating ary nol exedit nalance as a Yexo lance). Ins puns is the dally
balan
PAYMENTS. Pay your aunt by the payment due date by the time listed Delow. If we do not rece your payment in a caret format {outlined below) i
may nat ba credited yo Ba Punt Tor up To {Me days, oF may be rejected. Also, Your Paymact must reach 1 hy Tha payment elt Fin Tat pple to
the payment method you select This card i issued by Comenty Capital Lank pursuant te licens trom Mastercard International Incorporated
Mastareard isa registered trademark of Mastercard International Incorporated,
Cone mat Correct Toa ee de i payne methods inc
MallingStatement
ar Overnigt onal eh, money onder, traveler's check o shier’s check payable i U.S. dollars, to he name and adtess ian on
this in the payment stub area containing Your balance and minimum payment am ount. Ha surefa inelde your payment stub, do not stapleor
clip your payment tothe stb, include your account rumber on your check, use ine envelcpe provided wih yur Stalement. send one payment wth one
iment stub and do8008
not send st, Suite 101, San
fate, 1k 78247 ard theany eine
eartesponderie
oat with
eiyour rntsae
payment. teYousameshouldmtrovernight
meda paymentnames t unless er sot, wich cae fu follow
the Payment Paid In lull section abs, do nat send cash or ult cer ica 37 Phone: Yols oan C2 Tall feeal 1-86-62 1-10
yaaa is a {garake a payment by elephoe, which may ude a fee Onfne, You can make a payment online at
trevcomeiy tha
Fryment
Following Cute
fimes: Times,
MailingPyront cul liesideaulires
and Overnight: for usoTimereceive
Fy 6:00 pm Faster (F1); Paypyrene
By Phone: byBY Ue 7:00duepandle(FT); Online:
his Stteent
By B00 pmin he pament lub ae the
New Information
Title (optional) First Name MI
Last Name Soc. Sec. No.
Street Address
Apt. No. RR PO Box
city State Zip Code Foreign Map Code
Home Phone ‘Work Phone.
Email Address
PAGE 3 OF
Etre Tm oS tre)
Account Center is available 24/7 for you to manage your Vai n Club Credit account
online. You can make payments and view your balance, transactions and statements online, Not yet
registered? Visit www.comenity.net/vacationclub, enter your Vacation Club Credit credit card account
number and ZIP code, then verify your identity
We're looking out for you. We remain focused on the health and well-being of our customers and
associates, and we'll continue to stay on top of what's happening during the pandemic so we can best
support you.
Important Reminder: If you make a purchase with this credit card using a promotional plan, the
promotional plan expiration date and payment due date may be different. This means that if you have any
remaining promotional plan balance after the promotional plan expiration date, the balance and any
accrued interest (if applicable), will move to your regular revolving plan on the next billing statement,
How to avoid or minimize interest charges: Be sure to pay any promotional plan balance in full on
or before the plan expiration date shown in the “Details of your plans" section of your statement. Please
also keep an eye out for notifications of when your promotional plan(s) are nearing their expiration
date—you'll see them in the red box on page 1 of your statement. if you have questions, please call us
toll-free at 1-866-621-5101 (TDD/TTY :1-888-819-1918). To learn more about how promotional plans work,
visit comenity.com/financial-education. We're always happy to help.
IMMEDIATE ATTENTION REQUIRED! Your Account is extremely past due and will be written off as a
bad debt at the end of this month. To avoid this, you can pay the Minimum amount shown on this
statement before the end of this month. If you are not able to pay the Minimum Payment amount, we will
stil be able to assist you and prevent your account from being written off. Call us at 1-855-617-8089
(TDD/TTY 1-888-819-1918) and we will find a suitable payment before the end of this month. If written off,
the bad debt will be reported to the three major credit bureaus and our Recovery team will determine the
appropriate steps, as permitted and available under applicable law, to protect our interests.
Find out how to shop safely online at onguardoniine.gov
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