On August 06, 2021 a
Party Statement
was filed
involving a dispute between
Lvnv Funding Llc,
and
Bobby Monroe,
for Other Matters - Consumer Credit (Card) Debt Buyer Plaintiff
in the District Court of Wayne County.
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FILED: WAYNE COUNTY CLERK 03/31/2022 12:55 PM INDEX NO. CV087603
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 03/31/2022
RC18368
AFFIDAVIT OF FACTS AND SALE OF ACCOUNT BY ORIGINAI. CREDITOR
(Debt Buver Actions)
The undersigned, being duly swom. deposes and says:
L I am an employee of Credit One Bank, N.A. ("Credit One Bank") and an authorized representative of its affiliates, as
desenbed in the Supplemental Affidavit attached hereto (collectively, "Original Creditor"). and I have pensonal knowledge of
and access to Original Creditor s books and records ("Business Records"), including electronic records. relating to a pool of
charged-off consumer credit accounts sold or assigned by Original Creditor to Sherman Originator Ill LLC ("Debt Buyer"), on
12/17/2019 (the "Sale"), which included the account ("Account") of the consumer ("Consumer") as identified in the exhibits
attached hereto and incorporated herein. As part of the Sale, Origmal Creditor assigned all of its interest in the Accounts,
including the right to any proceeds from the Accounts, to Debt Buyer. and it transferred Business Records relating to the
Accounts to Debt.Buyer. A true and correct copy of the bill of sale or written assignment of the Account is attached as an exhibit
to this aflidavit.
2. In my position, I also have persomd knowledge of Ongimd Creditor's procedures for creating and maintaining its Business
Records, including its procedures relating to the sale and assignment of consumer credit accounts. Original Creditor's Business
Records were made in the regular course of business and it was the regular course of such business to make the Business
Records. The Business Records were made at or near the time of the events recorded. Based on my knowledge of Original
Creditor's Business Records. I have personal knowledge of the facts set forth in this affidavit.
3. Credit One Bank and Consumer were parties to a credit agreement ("Agreement"). Consumer agreed to pay Credit Ono
Bank for all goods, services and cash advances provided pursuant to the Agreement. The date and the amount of the last
payment, if any. made by Consumer are set forth in an exhibit attached hereto and made a part hereof. Consumer defaulted and a
demand for payment was made by Credit One Bank. A true and correct copy of a document provided to Consumer evidencing
the Agreement is attached as an exhibit to this aflidavit.
4, I. have personal knowledge of Original Creditor's procedures for generating and mailing account statements to customers. It
is the regular practice of Original Creditor's business to provide periodie account statements to its customers. Original Creditor
sent one or more account statements relating to the Consumer's Account to Consumer on the date(s) and for the amount(s) due
set forth in an exhibit attached hereto and made a part hereof. The account statement(s) were mailed to Consumer's last known
address and Original Creditor's Business Records do not reflect that the statement(s) were returned by the post office or that the
Consumer objected to them. A true and correct copy of the most recent account statement(s) generated and mailed by Original
Creditor is attached as an exhibit to this affidavit.
5 At the time of Sale. Consumer owed the amount set forth in the exhibits attached hereto and made a part hereof, which also
set forth the name of the Consumer: the Est four digits of the Account number. the date and amount of the charge-off balance.
the date and amount of the last payment. if any; the total amounts. if applicable, of any post-charge-off interest and post-charge-
otTfees and charges: any post-charge-olTcredits or payments made by or on behalf of the Consumer: and the balance due at the
time of the Sale. The above statements are true and conect go the best of my personal knowledge.
Nancy E
Emplov of it ne Bank. N.A.
Datedi /__ / c)
ACKNOW LEDGMENT OF SIGNATURE BY UCENSED NOTARY
STATE OF NEVADA )
) ss.
COUNTY OF CLARK )
Nancy Earle
This instrument was acknowledged before me on the _p·day of 20 by
Employee of Credit One Bank, N.A
ary Public
JENNIFER HUI
pA
o 16-
688450457 My Appt. Expires Mar. 02, 2024
Page: I of 7
1 of 2
FILED: WAYNE COUNTY CLERK 03/31/2022 12:55 PM INDEX NO. CV087603
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 03/31/2022
CERTIFICATE OF CONFORMITY
STATE OF NV
CITY OF LAS VEGAS
The undersigned does hereby certify that he/she is an attorney at law duly admitted to practice in theState of NV
and is a resident of Las Vegas, in the State of Nevada; that he/she is a person duly qualified to make this certificate
of conformity pursuant to the laws of the State of NV; that the foregoing acknowledgment by Nancy Earle named in
the foregoing instrument ta7en before Jennifer Hui notary in the State of NV was taken in the mamier prescribed by
such laws of theState of NV, being the State in which it was taken; and that it duly conforms with such laws and is
in all respects valid and effective in such state.
Aug 12, 2021
Date Timothy J. Bellamy
Nevada State Bar # 14973C
CreditOne Bank, N.A.
6801 S. Cimmaron Rd
Las Vegas, NV 89113
2 of 2
Document Filed Date
March 31, 2022
Case Filing Date
August 06, 2021
Category
Other Matters - Consumer Credit (Card) Debt Buyer Plaintiff
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FILED: WAYNE COUNTY CLERK 03/31/2022 12:55 PM INDEX NO. CV087603 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 03/31/2022 RC18368 AFFIDAVIT OF FACTS AND SALE OF ACCOUNT BY ORIGINAI. CREDITOR (Debt Buver Actions) The undersigned, being duly swom. deposes and says: L I am an employee of Credit One Bank, N.A. ("Credit One Bank") and an authorized representative of its affiliates, as desenbed in the Supplemental Affidavit attached hereto (collectively, "Original Creditor"). and I have pensonal knowledge of and access to Original Creditor s books and records ("Business Records"), including electronic records. relating to a pool of charged-off consumer credit accounts sold or assigned by Original Creditor to Sherman Originator Ill LLC ("Debt Buyer"), on 12/17/2019 (the "Sale"), which included the account ("Account") of the consumer ("Consumer") as identified in the exhibits attached hereto and incorporated herein. As part of the Sale, Origmal Creditor assigned all of its interest in the Accounts, including the right to any proceeds from the Accounts, to Debt Buyer. and it transferred Business Records relating to the Accounts to Debt.Buyer. A true and correct copy of the bill of sale or written assignment of the Account is attached as an exhibit to this aflidavit. 2. In my position, I also have persomd knowledge of Ongimd Creditor's procedures for creating and maintaining its Business Records, including its procedures relating to the sale and assignment of consumer credit accounts. Original Creditor's Business Records were made in the regular course of business and it was the regular course of such business to make the Business Records. The Business Records were made at or near the time of the events recorded. Based on my knowledge of Original Creditor's Business Records. I have personal knowledge of the facts set forth in this affidavit. 3. Credit One Bank and Consumer were parties to a credit agreement ("Agreement"). Consumer agreed to pay Credit Ono Bank for all goods, services and cash advances provided pursuant to the Agreement. The date and the amount of the last payment, if any. made by Consumer are set forth in an exhibit attached hereto and made a part hereof. Consumer defaulted and a demand for payment was made by Credit One Bank. A true and correct copy of a document provided to Consumer evidencing the Agreement is attached as an exhibit to this aflidavit. 4, I. have personal knowledge of Original Creditor's procedures for generating and mailing account statements to customers. It is the regular practice of Original Creditor's business to provide periodie account statements to its customers. Original Creditor sent one or more account statements relating to the Consumer's Account to Consumer on the date(s) and for the amount(s) due set forth in an exhibit attached hereto and made a part hereof. The account statement(s) were mailed to Consumer's last known address and Original Creditor's Business Records do not reflect that the statement(s) were returned by the post office or that the Consumer objected to them. A true and correct copy of the most recent account statement(s) generated and mailed by Original Creditor is attached as an exhibit to this affidavit. 5 At the time of Sale. Consumer owed the amount set forth in the exhibits attached hereto and made a part hereof, which also set forth the name of the Consumer: the Est four digits of the Account number. the date and amount of the charge-off balance. the date and amount of the last payment. if any; the total amounts. if applicable, of any post-charge-off interest and post-charge- otTfees and charges: any post-charge-olTcredits or payments made by or on behalf of the Consumer: and the balance due at the time of the Sale. The above statements are true and conect go the best of my personal knowledge. Nancy E Emplov of it ne Bank. N.A. Datedi /__ / c) ACKNOW LEDGMENT OF SIGNATURE BY UCENSED NOTARY STATE OF NEVADA ) ) ss. COUNTY OF CLARK ) Nancy Earle This instrument was acknowledged before me on the _p·day of 20 by Employee of Credit One Bank, N.A ary Public JENNIFER HUI pA o 16- 688450457 My Appt. Expires Mar. 02, 2024 Page: I of 7 1 of 2 FILED: WAYNE COUNTY CLERK 03/31/2022 12:55 PM INDEX NO. CV087603 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 03/31/2022 CERTIFICATE OF CONFORMITY STATE OF NV CITY OF LAS VEGAS The undersigned does hereby certify that he/she is an attorney at law duly admitted to practice in theState of NV and is a resident of Las Vegas, in the State of Nevada; that he/she is a person duly qualified to make this certificate of conformity pursuant to the laws of the State of NV; that the foregoing acknowledgment by Nancy Earle named in the foregoing instrument ta7en before Jennifer Hui notary in the State of NV was taken in the mamier prescribed by such laws of theState of NV, being the State in which it was taken; and that it duly conforms with such laws and is in all respects valid and effective in such state. Aug 12, 2021 Date Timothy J. Bellamy Nevada State Bar # 14973C CreditOne Bank, N.A. 6801 S. Cimmaron Rd Las Vegas, NV 89113 2 of 2