Preview
16-2022-SC-025286-XXXX-MA Div: CC-F
Filing # 161234975 E-Filed 11/15/2022 10:43:23 AM
IN THE COUNTY COURT IN AND FOR DUVAL COUNTY, FLORIDA
CASE NO.:
LVNV Funding LLC
Plaintiff,
Vs. COMPLAINT.
Marrissa Guthrie,
Defendant.
/
COMES NOW the Plaintiff, LVNV Funding LLC, by and through its undersigned counsel, and
sues Defendant, Marrissa Guthrie, 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, Synchrony Bank, issued a credit account in
the name of Defendant.
Prior to the commencement of this action, Plaintiff, LVNV Funding LLC, 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, LVNV Funding LLC, 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.
HOC
ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 11/15/2022 12:30:42 PM
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,
Marrissa Guthrie, 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, LVNV Funding LLC, the amount of $7,638.96.
WHEREFORE Plaintiff, LVNV Funding LLC, respectfully requests this Honorable Court enter
Judgment in its favor against Defendant, Marrissa Guthrie, in the sum of $7,638.96 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
[e/Olakeandua Pubiuibe, CSGQ-FBN 1015987
887 Donald Ross Road
Juno Beach, FL 33408
Tel. (877)229-5972
Fax. (800)391-2178
Email: eservice@andreupalma.com
2201003325
EXHIBIT A
al? synchrony
4500 Munson St NW
Canton OH 44718, U.S.
BILL of SALE
Resurgent Acquisitions, LLC (SPLS) — PLCC PayPal Fresh — November 2020
For value received and in further consideration of the mutual covenants and conditions
set forth in the Forward Flow Accounts Purchase Agreement (the “Agreement”), dated as of this
18" day of August 2020 by and between Synchrony Bank formerly known as GE Capital Retail
Bank; RFS Holding, L.L.C., Synchrony Card Funding, LLC and Retail Finance Credit Services,
LLC., (“Seller”) and Resurgent Acquisitions LLC (“Buyer”), Seller hereby transfers, sells,
conveys, grants, and delivers to Buyer, its successors and assigns, without recourse except as set
forth in the Agreement, to the extent of its ownership, the Accounts as set forth in the
Notification Files (as defined in the Agreement), delivered by Seller to Buyer on or about 18"
day of November 2020, and as further described in the Agreement.
Synchrony Bat nk
By: dygtieEiahige
Lynne Fisher
Title: SVP Recovery Operations
RFS Holding LLC
.
By: Lyfine Fisher (Nov 30, 2020 08:11 EST)
Lynne Fisher
Title: Duly Authorized Signatory
Synchrony Cai rd Funding, LLC
By: Lyte Eieiae——__
Lynne Fisher
Title: Duly Authorized Signatory
Retail Finance Credit Services, LLC
Lynne Fisher
Title: Vice President
Transfer and Assignment
Resurgent Acquisitions LLC (“RALLC”), without recourse, to the extent permitted by
applicable law, hereby transfers, sells, assigns, conveys, grants and delivers to LVNV Funding
LLC (“LVNV’) all of its right, title and interest in and to the receivables and other assets (the
“Assets”) identified on Exhibit A, in the Receivable File dated November 18, 2020 delivered by
Synchrony Bank on November 24, 2020 for purchase by RALLC on November 24, 2020. The
transfer of the Assets included electronically stored business records.
Dated: November 24, 2020 Resurgent Acquisitions LLC
wri
a Delaware Limited Liability Company
Jackson Walker
Authorized Representative
Dated: November 24, 2020 LVNV Funding LLC
a Delaware Limited Liability Company
By
Name: Daniel Picciano
Title: Authorized Representative
Exhibit A
Receivables File
11.24.20 Synchrony_sb912358DL_sb911727MT
Transfer Group Portfolio Transfer Batch
699469 37854 N/A
EXHIBIT B
Statement Closing Date: 09/27/20 View your account onlin@aypal.com
Days in Billing Period: 30 Or call 1-844-377-4136 8 AM ET to 11 PM ET
Account Number 2076
Customer Name: MARRISSA GUTHRIE
Mon-Fri and 9 AM ET to 9 PM ET Sat-Sun
ACCOUNT SUMMARY PAYMENT INFORMATION
Previous Balance $7,491.27 New Balance $7,638.96
Payments & Credits $0.00 Amount Past Due $1,260.00
Purchases & Adjustments. $0.00 Minimum Payment Due $1,483.00
Fees $0.00 Payment Due Date 10/22/20
INTEREST CHARGES $147.69 Amount to avoid Standard and Deferred Interest
New Balance $7,638.96 on your next statement: $7,638.96
See Reverse
Credit Limit $5,700.00 Late Payment Warning: If we do not receive your minimum payment
Available Credit OVERLIMIT by 10/22/20, you may have to paya late fee of up to $39.00.
Minimum Payment Warning: If you make only the minimum
payment each period, you will pay more in interest and it will
take you longer to pay off your balance. For example:
If you make no more You will pay off the And you will end up paying
charges using this balance shown on this an estimated
account and each statement In about:
month you pay:
‘Only the minimum 18 Years $18,678.00
Payment
If you would like information about credit counseling services, call
1-877-302-8775.
CURRENT ACTIVITY.
INTEREST CHARGED —_s
Tran Date Posting Date Description Amount
09/27/20 09/27/20 Interest Charge on Purchases 147.69
Total Interest $147.69
[2020 Totals Year-To-Date
Total Fees Charged in 2020: $1PStHD Interest Charged in 2020: 61,424.04
IMPORTANT ACCOUNT INFORMATION
YOUR ACCOUNT IS PAST DUE. PLEASE PAY THE MINIMUM PAYMENT DUE OR
CONTACT THIS OFFICE AT THE PHONE NUMBER LISTED ON YOUR STATEMENT.
INTEREST DETAILS -
-
INTEREST CHARGE CALCULATION_ Ye ir Annual PercentageRate (APRYs the annual interest
est rate
rat on your account. -
Balance Type Annual Percentage _ ince Subject to Interest Charged ‘Current Balance
Rate(APR) Interest Rate
Standard Purchases 23.99% (v) 7,491. 147.69 7,638.96
(v)=Variable Rate
ACCOUNTHOLDER NOTICES
This is a duplicate courtesy copy of your most recent billing statement. You can still view and pay your electronic statement online.
NOTICE: We may convert your payment into an electronic debit. See reverse for details, Billing Rights Information and other important information
6128 agg 02 7 25 200927 0 EXPAGE 1 of 3 10 9283 2000 psve o1pR6i28
Detach and mail this portion with your check. Do not include any correspondence with your check.
Account Number: 2076
New Balance: $7,638.96
Payment Due Date: 10/22/20
Make Check PaydatslePatlo Credit Minimum Payment Due: $1,483.00
Return this portion with your payment. Amount Enclosed:
Write your account number on your check. $
To receive electronic ‘statements or make
online paymentaypd
bido:
PAYPAL CREDIT/SYNCB MARRISSA GUTHRIE
PO BOx
96000 5001 PHILIPS HWY LOT 104A
ORLANDO, FL 32896-0006 JACKSONVILLE FL 32207-7288
Statement Closing Date: 09/27/20 View your account onlingaypal.com
Days in Billing Period: 30 Or call 1-844-377-4136 8 AM ET to 11 PI M ET
Account Number: 2076
Customer Name: MARRISSA GUTHRIE
Mon-Fri and 9 AM ET to 9 PM ET Sat-Sun
ACCOUNTHOLDER NOTICES (continued)
You can pay your bill online or over the phone. We noticed you've been enjoying our easy paperless payment options, so we will no
longer be including return envelopes. You can make things even easier by selecting the paperless statement option on your account
online.
6128 ABs oor 7 25 200927 0 EXPAGE 2 of 3 10 9283 2000 pove o1pR6126
Statement Closing Date: 03/27/20 View your account onlin@aypal.com
Days in Billing Period: 30 Or call 1-844-373-4961 8 AM ET to 11 PM ET
Account Number 2076
Customer Name: MARRISSA GUTHRIE
Mon-Fri and 9 AM ET to 9 PM ET Sat-Sun
ACCOUNT SUMMARY PAYMENT INFORMATION
Previous Balance $6,608.03 New Balance $6,385.00
Payments & Credits $308.03 Minimum Payment Due $133.00
Purchases & Adjustments. $0.00 Payment Due Date 04/22/20
Fees $0.00 Amount to avoid Standard and Deferred Interest
INTEREST CHARGES $85.00 ‘on your next statement: $4,540.40
New Balance $6,385.00 See Reverse
te Payment Warning: If we do not receive your minimum payment
Credit Limit $5,700.00 by 04/22/20, you may have to pay a late fee of up to $39.00.
Available Credit OVERLIMIT Minimum Payment Warning: If you make only the minimum
payment each period, you will pay more in interest and it will
take you longer to pay off your balance. For example:
If you make no more You will pay off the And you will end| Up paying
charges using this balance shown on this an estimated
account and each ‘statement In about:
month you pay:
Only the minimum
Payment 19 Years $19,325.00
$266.00 3 Years $9,562.00
(Savings = $9,763.00)
If you would like information about credit counseling services, call
1-877-302-8775.
PROMOTIONAL EXPIRATION NOTIFICATION
YOU HAVE A DEFERRED INTEREST PROMOTION(S) EXPIRING. YOU MUST PAY EACH DEFERRED INTEREST
PROMOTIONAL BALANCE IN FULL BY ITS EXPIRATION DATE TO AVOID PAYING ACCRUED INTEREST CHARGES. PLEASE
SEE THE DEFERRED INTEREST CALCULATION SECTION ON THIS STATEMENT FOR FURTHER DETAILS.
CURRENT ACTIVITY ae
PAYMENTS & CREDITS _
Tran Date Posting Date Reference Number Description Amount
03/03/20 03/03/20 P928300EFOOXTNTGS Payment: = Thank You 308.03
Total Payments & Credits -$308.03
INTEREST CHARGED
CHARGED ___ —
Tran Date Posting Date Description Amount
03/27/20 03/27/20 Interest Charge on Purchases $85.00
Total Interest
[2020 Totals Year-To-Date
Total Fees Charged in 2020: $3808H1 Interest Charged in 2020: $326.08
NOTICE: We may convert your payment into an electronic debit. See reverse for details, Billing Rights Information and other important information
6128 agg 02 7 25 200327 0 OPAGE
1 of 3 10 9283 2000 psve o1pR6i28
Account Number: 2076
New Balance: $6,385.00
Payment Due Date: 04/22/20
Make Check PaydatslePatlo Credit Minimum Payment Due: $133.00
Return this portion with your payment. Amount Enclosed:
Write your account number on your check.
To receive electronic ‘statements or make
online paymentaypd
bido:
PAYPAL CREDIT/SYNCB MARRISSA GUTHRIE
PO BOx
96000 5001 PHILIPS HWY LOT 104A
ORLANDO, FL 32896-0006 JACKSONVILLE FL 32207-7288
Statement Closing Date: 03/27/20 View your account onlingaypal.com
Days in Billing Period: 30 Or call 1-844-373-4961 8 AM ET to 11 PM ET
Account Number 2076
Customer Name: MARRISSA GUTHRIE
Mon-Fri and 9 AM ET to 9 PM ET Sat-Sun
.
INTEREST DETAILS
oe ,
INTEREST CHARGE CALCULATION Your Annual Percentage Rate (APRs the annual interest rate on your account.
Balance Type ‘Annual Percentage Balance Subject to Interest Charged Current Balance
tel) R) Interest Rat
Standard Purchases 25.49% (v) Sr 64.84 68.39 3,333.
No Interest If Paid In Full 25.49% (v) : ° $111.64
No Interest If Paid In Full 25.49% (v) $0.00 $0.00 $119.88
No Interest If Paid In Full 25.49% (v) $119.88 sis. 61 $136.49
(v)=Variable Rate
[DEFERRED INTEREST
DEFERRED NTERES CALCULATION
Promotion Type Posting Annual Percentage Expiration Monthly Accrued Total Accrued Deferred Interest
estes Date Deferred Interest Deferred Interest Balance
No Interest Tf Paid In Full 25.49% (v) 5.0. 31.98
No Interest If Paid In Full 09726719 25.49% (v) 04723720 $4.18 $25.82 $199.80
No Interest If Paid In Full 10/03/19 25.49% (v) 04/22720 $3.35 $19.84 $159.84
No Interest If Paid In Full 10/11/19 25.49% (v) 04/227420 $2.51 $14.19 $119.88
No Interest If Paid In Full 10/18/19 25.49% (v) 04/22420 $2.52 $13.62 $119.88
No Interest If Paid In Full 10/29/19 25.49% (v) 05/22420 $3.15 $15.90 $150.%5
No Interest If Paid In Full 10/31/19 25.49% (v) 05/22420 $4.19 $20.84 $199.0
No Interest If Paid In Full 11/08/19 25.49% (v) 05/22420 $3.35 $15.77 $159.84
No Interest If Paid In Full 11/08/19 25.49% (v) 05/22#20
No Interest If Paid In Full 11/08/19 25.49% (v) 05/22%20 $0.50 $2.35 $23.96
No Interest If Paid In Full 11/26/19 25.49% (v) 06/22%20
No Interest If Paid In Full 11/26/19 25.49% (v) 06/22420 $0.35 $1.44 $16.62
No Interest If Paid In Full 11/26/19 25.49% (v) 06/22420 1
No Interest if Paid In Full 11/28/19 25.49% (v) 06/22420 $0.50 $2.02 $23.96
No Interest If Paid In Full 11/29/19 25.49% (v) 06/22420
No Interest If Paid In Full 11/29/19 25.49% (v) 06/22420 $3.35 $13.40 $159.84
No Interest If Paid In Full 12/05/19 25.49% (v) 06/22720
No Interest If Paid In Full 12/06/19 25.49% (v) 06/22420 $0.42 $1.58 $19.96
No Interest If Paid In Full 12/06/19 25.49% (v) 06/22420 $2.51 $9.46 $119.88
No Interest If Paid In Full 12/12/19 25.49% (v) 06/22420 $2.51 $8.95 $119.88
No Interest If Paid In Full 12/13/19 25.49% (v) 06/22/20 $1.01 $3.56 $47.92
No Interest If Paid In Full 12/13/19 25.49% (v) 06/22420 $0.17 $0.58
No Interest If Paid In Full 12/19/19 25.49% (v) 07/22420 $2.51 $8.38 $119.88
No Interest If Paid In Full 12/26/19 25.49% (v) 07/22420 $0.08
No Interest If Paid In Full 12/26/19 25.49% (v) 07/22420 $2.51 $7.78 $119.88
No Interest If Paid In Full 12/27/19 25.49% (v) 07/22%20 -5) $1.55
No Interest If Paid In Full 01/03/20 25.49% (v) 07/22k20 $0.09 $0.24 $3.99
No Interest If Paid In Full 01/03/20 25.49% (v) 07/22420 $2.51 $7.11 $119.88
No Interest If Paid In Full 01/09/20 25.49% (v) 07/22420 $0.08 $0.22 $3.99
No Interest Lf Paid In Full 01/10/20 25.49% (v) 07/22420 $99.99
No Interest If Paid In Full 01/10/20 25.49% (v) 07/22720 $3.34 $8.70 $159.84
No Interest If. Paid In Full 01/10/20 25.49% (v) 07/22720 0.51 1.31 2.
(v)=Variable Rate
*You must pay your deferred interest balance in full by the expiration date above to avoid paying accrued deferred interest
charges
ACCOUNTHOLDER NOTICES
We are here to support you and are working hard to ensure our Synchrony team members can continue to provide you with
uninterrupted, dependable service. We encourage you to use our online and mobile servicing tools.
As COVID-19 and its impact continue to evolve and develop, we remain focused on the health and safety of our employees and our
communities, as well as our commitmentto you, our customers.
We are also aware that some of our customers may experience financial hardship as a result of COVID-19. If you are impacted, please
contact us to discuss how we can help.
Promotional Purchases: No Interest if Paid in Full in 6 Months Information
Certain purchases may qualify for a No Interest if Paid in Full in 6 Months promotion. Under this promotion, if the promotional balance is
not paid in full by the Expiration Date, interest will be imposed from the purchase date at a rate of 25.49%. If a (v) is shown after your
APR in the Interest Details section of this billing statement, the APR is a variable rate and will vary with the market based on the Prime
Rate. Minimum monthly payments are required.
Synchrony Bank may continue to obtain information, including employment and income information from others about you (including
requesting reports from consumer reporting agencies and other sources) to review, maintain or collect your account.
6128 ABI por. 7 25 200327 0 OPAGE 2 of 3 10 9283 2000 Psvc o1pRe1z8