Preview
I, MARIA ANTONIA CANUL, declare under penalty of perjury, under the laws of the State of
I am the Defendant/ Cross-Complainant and the appointed representative for the
I have personal knowledge of the following facts, and if called as a witness, I could
On or about May 29, 2012, I completed a loan request with WebBank using the
website . The debt that I incurred from was evidenced by 144 separate
Although I had not seen the completed Non-Negotiable Promissory Notes for the
debt at issue before this case was filed, I have been informed by my counsel that LendingClub
Corporation has produced the 144 separate Non-Negotiable Promissory Notes in response to a
On or about September 20, 2016, >
INVESTMENTS, LLC (“ filed a Complaint for Money against me in the above-
The debt which sought to collect from me was incurred primarily for
personal, family, or household purposes. Specifically, the debt was incurred to pay off other consumer
My operative Cross-Complaint in this action alleges that Cross- violated
the California Fair Debt Buying Practices Act, specifically, California Civil Code §§ 1788.52(b),
1788.52(d)(1), 1788.58(a)(6), 1788.58(a)(9), and 1788.58(b). On behalf of myself and the certified
Class, I seek declaratory judgment and statutory damages against Cross- for their
At no time did I give consent or agree that Cross-Defendants could file a lawsuit
against me which falsely states the name and address of the charge-off creditor in violation of
CONSUMER LAW CENTER, INC.
Fred W. Schwinn (408) 294-6100
Raeon R. Roulston 1435 Koll Circle, Suite 104 Fax (408) 294-6190
Matthew C. Salmonsen San Jose, CA 95112-4610 www.sjconsumerlaw.com
LEGAL SERVICES AGREEMENT
Velocity Investments, LLC v. Maria Canul, ef al.
Santa Clara Case No. 16-CV-300096
Velocity Investments, LLC (“Plaintiff’) has sued Maria Canul (“Client”) in the above
referenced action claiming default in payment on an assigned credit card account (“the lawsuit”).
Plaintiffis suing Client for $4,792.17 (“Amount Claimed”).
Scope of Services. Client is hiring Consumer Law Center, Inc. (“Attorneys”), as Client’s legal
counsel, to represent Client in the above-described legal matter, including, but not limited to, pursuing
an illegal/abusive debt collection practices claim against Velocity Investments, LLC, should Attorneys
determine that one exists.
Client’s Duties. Client agrees to be truthful with Attorneys and the Court, to cooperate with
Attorneys and the Court, to keep Attorneys informed of developments, to abide by this Agreement, to
pay our fees on time and to keep us advised of Client’s address, telephone number, and whereabouts.
1. COLLECTION COMPLAINT DEFENSE
Court Fees. Client agrees to pay the initial court filing fee of $237.47.
Legal Fees. Client agrees to pay Attorneys a flat fee for all attorney time spent defending the
collection Complaint filed by Plaintiff against Client. Attorneys’ legal fees are a “true retainer’, in that
they are designed to reserve attorney time on Client’s case and may not reflect the actual time expended
on Client’s case. Therefore, Attorneys fees are earned when Attorneys agree to take Client’s case, and
all payments are non-refundable. Client agrees to pay legal fees in the amount of $1,500.
[>.G lind
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Il. CROSS-COMPLAINT FOR STATUTORY VIOLATIONS
Assignment of Statutory Claim for Attorneys’ Fees. Attorney’s fees shall be as follows:
A Under relevant law, Client has a legal claim that requires Defendants to pay Client’s fees if
Client prevails in its case. Client hereby assigns this claim to attorney’s fees to Attorney. Pursuant to
this assignment, Defendants — and not Client — will pay Attorneys any and all fees for Attorney’s
services as awarded by the court or other relevant adjudicating body, or as agreed upon by the parties
through settlement. Such amount will constitute the only fees to which Attorneys are entitled; and
Client will owe no debt to Attorneys for Attorney’s services.
ee
ee
ee
ee
Discharge and Withdrawal. Client may discharge Attorneys at any time. Attorneys may
withdraw with Client’s consent or for good cause. Good cause includes Client’s breach of this
Agreement, including Client’s refusal to cooperate with Attorneys or to follow Attorneys’ advice on a
material matter or any fact or circumstance which would render Attorneys’ continuing representation
unlawful or unethical. Attorneys withdrawal may be subject to court approval.
When Attorneys services conclude, Attorneys will, upon Client’s request, deliver a copy of
Client’s file, along with any funds or property of Client’s in Attorneys possession.
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Effective Date. This Agreement will take effect when Client has signed this agreement, but its
effective date will be retroactive to the date Attorneys first performed services for Client:
If your understanding is as set forth herein, please sign the original of this letter where indicated
and return it to our office. The copy of this letter Agreement is for your files. If any part of it is not
clear to you, feel free to ask us to explain it further before you sign. You have the right to consult
another attorney about any aspect of this Agreement. We look forward to working with you
Dated: February 19. 2019
& Fred . Schwinn (SBN 225575)
C Raeon R. Roulston (SBN 255622)
C) Matthew C. Salmonsen (SBN 302854)
BY SIGNING BELOW, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE
TERMS AND CONDITIONS OF THIS AGREEMENT AND ACCEPT THE AGREEMENT
THIS DATE
I FURTHER ACKNOWLEDGE THAT I HAVE RECEIVED A COPY OF THIS AGREEMENT.
Dated: February 19,2019 LMC Maria Antonia Canul
1157 Brace Avenue, Apt. 3
San Jose, CA 95125
3 of 4
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Preview
I, MARIA ANTONIA CANUL, declare under penalty of perjury, under the laws of the State of I am the Defendant/ Cross-Complainant and the appointed representative for the I have personal knowledge of the following facts, and if called as a witness, I could On or about May 29, 2012, I completed a loan request with WebBank using the website . The debt that I incurred from was evidenced by 144 separate Although I had not seen the completed Non-Negotiable Promissory Notes for the debt at issue before this case was filed, I have been informed by my counsel that LendingClub Corporation has produced the 144 separate Non-Negotiable Promissory Notes in response to a On or about September 20, 2016, > INVESTMENTS, LLC (“ filed a Complaint for Money against me in the above- The debt which sought to collect from me was incurred primarily for personal, family, or household purposes. Specifically, the debt was incurred to pay off other consumer My operative Cross-Complaint in this action alleges that Cross- violated the California Fair Debt Buying Practices Act, specifically, California Civil Code §§ 1788.52(b), 1788.52(d)(1), 1788.58(a)(6), 1788.58(a)(9), and 1788.58(b). On behalf of myself and the certified Class, I seek declaratory judgment and statutory damages against Cross- for their At no time did I give consent or agree that Cross-Defendants could file a lawsuit against me which falsely states the name and address of the charge-off creditor in violation of CONSUMER LAW CENTER, INC. Fred W. Schwinn (408) 294-6100 Raeon R. Roulston 1435 Koll Circle, Suite 104 Fax (408) 294-6190 Matthew C. Salmonsen San Jose, CA 95112-4610 www.sjconsumerlaw.com LEGAL SERVICES AGREEMENT Velocity Investments, LLC v. Maria Canul, ef al. Santa Clara Case No. 16-CV-300096 Velocity Investments, LLC (“Plaintiff’) has sued Maria Canul (“Client”) in the above referenced action claiming default in payment on an assigned credit card account (“the lawsuit”). Plaintiffis suing Client for $4,792.17 (“Amount Claimed”). Scope of Services. Client is hiring Consumer Law Center, Inc. (“Attorneys”), as Client’s legal counsel, to represent Client in the above-described legal matter, including, but not limited to, pursuing an illegal/abusive debt collection practices claim against Velocity Investments, LLC, should Attorneys determine that one exists. Client’s Duties. Client agrees to be truthful with Attorneys and the Court, to cooperate with Attorneys and the Court, to keep Attorneys informed of developments, to abide by this Agreement, to pay our fees on time and to keep us advised of Client’s address, telephone number, and whereabouts. 1. COLLECTION COMPLAINT DEFENSE Court Fees. Client agrees to pay the initial court filing fee of $237.47. Legal Fees. Client agrees to pay Attorneys a flat fee for all attorney time spent defending the collection Complaint filed by Plaintiff against Client. Attorneys’ legal fees are a “true retainer’, in that they are designed to reserve attorney time on Client’s case and may not reflect the actual time expended on Client’s case. Therefore, Attorneys fees are earned when Attorneys agree to take Client’s case, and all payments are non-refundable. Client agrees to pay legal fees in the amount of $1,500. [>.G lind 1of4 Il. CROSS-COMPLAINT FOR STATUTORY VIOLATIONS Assignment of Statutory Claim for Attorneys’ Fees. Attorney’s fees shall be as follows: A Under relevant law, Client has a legal claim that requires Defendants to pay Client’s fees if Client prevails in its case. Client hereby assigns this claim to attorney’s fees to Attorney. Pursuant to this assignment, Defendants — and not Client — will pay Attorneys any and all fees for Attorney’s services as awarded by the court or other relevant adjudicating body, or as agreed upon by the parties through settlement. Such amount will constitute the only fees to which Attorneys are entitled; and Client will owe no debt to Attorneys for Attorney’s services. ee ee ee ee Discharge and Withdrawal. Client may discharge Attorneys at any time. Attorneys may withdraw with Client’s consent or for good cause. Good cause includes Client’s breach of this Agreement, including Client’s refusal to cooperate with Attorneys or to follow Attorneys’ advice on a material matter or any fact or circumstance which would render Attorneys’ continuing representation unlawful or unethical. Attorneys withdrawal may be subject to court approval. When Attorneys services conclude, Attorneys will, upon Client’s request, deliver a copy of Client’s file, along with any funds or property of Client’s in Attorneys possession. 2 of 4 Effective Date. This Agreement will take effect when Client has signed this agreement, but its effective date will be retroactive to the date Attorneys first performed services for Client: If your understanding is as set forth herein, please sign the original of this letter where indicated and return it to our office. The copy of this letter Agreement is for your files. If any part of it is not clear to you, feel free to ask us to explain it further before you sign. You have the right to consult another attorney about any aspect of this Agreement. We look forward to working with you Dated: February 19. 2019 & Fred . Schwinn (SBN 225575) C Raeon R. Roulston (SBN 255622) C) Matthew C. Salmonsen (SBN 302854) BY SIGNING BELOW, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND ACCEPT THE AGREEMENT THIS DATE I FURTHER ACKNOWLEDGE THAT I HAVE RECEIVED A COPY OF THIS AGREEMENT. Dated: February 19,2019 LMC Maria Antonia Canul 1157 Brace Avenue, Apt. 3 San Jose, CA 95125 3 of 4 7 40f4