Preview
FILED: LEWIS COUNTY CLERK 04/20/2022 11:42 AM INDEX NO. EFCA2021-000010
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 04/20/2022
SELLER Account Itemization
Account Number 2296
Original Creditor Comenity Bank
Borrower's Full Name ERICA JOHNSON
Client's Name TORRID
Origination Date 2017-05-04
Last Payment Date 2018-12-19
Last Payment Amount $69
Charge Off Date 2019-07-31
Charge Off Balance $1973.12
Total of Post Charge Off Interest $0
at time of sale
Total Post Charge Off Fees SO
and Charges at time of sale
Total Post Charge Off Credits $0
at time of sale
Total Post Charge Off $0
Payments at time of sale
Buyer name SECOND ROUND, LP
Sale Date 2019-08-14
Balance at time of Sale $1973.12
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FILED: LEWIS COUNTY CLERK 04/20/2022 11:42 AM INDEX NO. EFCA2021-000010
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 04/20/2022
NY AFFIDAVIT
AFFIDAVIT OF FACTS AND SALE OF ACCOUNT BY ORIGINAL CREDITOR
(Debt Buyer Actions)
The undersigned, being duly sworn, deposes and says:
1. I am a/an employee of Comenity Servicing LLC, the affiliate servicer for Comenity Bank
("Original Creditor"), and I have personal 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 Comenity Bank to Second Round, LP on
h) (the "Sale"), which included the account ("Account") of the consumer ("Consumer")
identified in the exhibits attached hereto and incorporated herein. As part of the Sale, Original
Creditor assigned all of its interest in the Account, including the right to any proceeds from the
Account, to Debt Buyer, and it transferred certain Business Records relating to the Account 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 affidavit.
2. In my position, I also have personal knowledge of Original 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. Original Creditor and Consumer were parties to a credit card agreement ("Agreement").
Consumer agreed to pay Original Creditor for all goods, services and cash advances purchased or
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
under the terms of the Agreement and a demand for payment was made by Original Creditor. A
true and correct copy of the Agreement is attached as an exhibit to this affidavit.
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
periodic 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 last account statement(s) generated and mailed by Original Creditor is
attached as an exhibit to this afHdavit.
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 last four digits of the
2 of 23
FILED: LEWIS COUNTY CLERK 04/20/2022 11:42 AM INDEX NO. EFCA2021-000010
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 04/20/2022
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 credits 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 correct to the best of my personal knowledge.
6. Further, Affiant sayeth naught.
CO K
Agency Support Representative
The foregoing instrument was acknowledged before me this day of
d?. t by 1 17 -vo Ú Lv ( J , Authorized Agent of Comenity Servicing
LLC, and authorized agent of Comenity Bank on behalf of said Bank.
Notary Public HEATHER 1 COY
* *
j NotaryPublic,Stateof Ohio
Reg. No. ondate
ec CÎo
Œ
County of Franklin
O
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FILED: LEWIS COUNTY CLERK 04/20/2022 11:42 AM INDEX NO. EFCA2021-000010
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 04/20/2022
EXHIBIT H
CERTIFICATE OF CONFORMITY
STATE OF Ohio
COUNTY OF Franklin
The undersigned does hereby certify that she is a person duly qualified to make this certificate of conformity pursuant
to Section 299a of the Real Property Law of the State of New York; that the foregoing acknowledgment by Brakken
Davis named in the foregoing Affidavit of Sale of Account By Original Creditor taken before Heather J Coy, a notary
in the State of Ohio, was taken in the manner prescribed by such laws of the State of Ohio, 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.
Date
Heather L Keck: Attorney at Law
Admitted to practice in the State of Ohio
Ohio Attorney Registration No: 0071364
4 of 23
INDEX NO.AM
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..............................................................................................................................................................................................................
PAGE 1 OF 2
Summary of account activity Payment information
Account no. ****-****-****-2296 New balance $1,973.12
Minimum payment due $678.00
Previous balance $1,889.73 Payment due date 08/21/2019
Payments 0.00
Other credits 0.00 Late payment warning:
If we do not receive your minimum payment by 08/21/2019 you may
Purchases 0.00
have to pay up to a $39.00 late fee.
Other debits 0.00 ....................................................................................................................
Fees charged 39.00 Minimum payment warning: If you make only the minimum
Interest charged 44.39 payment for each period, you will pay more in interest and it will take
New balance $1,973.12 you longer to pay off your balances. For example:
Past due amount 579.00 If you make no additional You will pay off And you will
Credit limit $1,400.00 charges using this card the balance shown end up paying an
Available credit $0.00 and each month you pay: on the statement estimated total
Statement closing date 07/26/2019 in about: of:
Days in billing cycle 31 Only the minimum payment 5 years $3301
For information regarding credit counseling services,
call 1-800-284-1706.
Details of your transactions
..T.RANSPATE TRANSAÇTION ES RIPTpEfLOCAT APOUNT
Fees
07/21/2019 LATE FEE 39.00
Total fees charged for this period $39.00
..........................................................................................................................................................................................................
Interest charged
Interest charge on purchases $44.39
Total interest for this period $44.39
2019 totals year to date
Total fees charged in 2019 $273.00
Total interest charged in 2019 $266.10
Interest charge calculation
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 BALANCESUBJECT INTEREST
BALANCE APR TOINTEREST RATE CHARGE
Purchases 27.2400% (v) 1,918.60 44.39
Additional important messages
IMMEDIATE ATTENTION AccountREQUIRED!
is extremely Your
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
still be able to assist you and prevent your account from being written off. Call us at 1-855-617-8089
(TDD/TTY 1-800-695-1788) 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.
NOTICESeereversesidefor impodantinformation.
Please tear at perforation above
Account
number ****-****-****-2296
O R R I DT New balance Minimum payment
FASHION FOR SlZES 12 TO 28 $1,973.12 $678.00
99 4
Payment must reach us by
¡ Yes, I have moved or updated my
e-mail address - see reverse. Amount enclosed: 6 pm ET on 08/21/2019.
$ Please make check payable to:
11111"11 Ilil I@lilligi I illi"I"i"illhillilillilligilil
Please return this portion along with your payment to:
ERICA JOHNSON
4424 GRIFFITH RD PO BOX 659584
LOWVILLE NY 13367-4315 SAN ANTONIO TX 78265-9584
I I II I I III "'hilhIII I I "II""I-III
5 of 23
INDEX NO.AM
FILED: LEWIS COUNTY CLERK 04/20/2022 11:42 EFCA2021-000010
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 04/20/2022
Keepthis portionfor your records. CREDITREPORTING.We may reportinformationaboutyouraccountto
WhatToDo If YouThink YouFindA MistakeOn YourStatement credit bureaus.Late payments,missedpayments,or otherdefaultson your
. account may be reflected in yourcredit report.
If you think there is an erroron your statement,write to us at: Comenity
BankPOBox 182782, Columbus,Ohio43218-2782. NOTICEOFCREDITREPORTDISPUTES
In your letter, give us the following information: If you believethe accountinformationwe reportedto a consumerreporting
" Accountinformation:Yournameand accountnumber. agencyis inaccurate,you maysubmit a direct dispute to ComenityBankPO
" Dollaramount:Thedollar amountof the suspectederror. Box 182789, Columbus,Ohio43218-2789. Yourwritten dispute must
" Descriptionof Problem:If you think there is an erroron your bill, providesufficient informationto identify the accountand specifywhy the
describewhatyou believeis wrongand whyyou believeit is a mistake. informationis inaccurate:
" AccountInformation:Yournameand accountnumber
Youmustcontact us within 60 daysafter the errorappearedon your " ContactInformation:Youraddressand telephonenumber
statement.Youmust notify us of any potentialerrorsin writing.You may . DisputedInformation:Identify the accountinformationdisputedand
call us, but if you do weare not requiredto investigateany potentialerrors explain whyyou believeit is inaccurate
andyou may haveto pay the amountin question. " SupportingDocumentation:If available,providea copy of the sectionof
Whilewe investigatewhetheror not there hasbeenan error, the following the credit reportshowingthe accountinformationyou are disputing
aretrue:
" Wecannot try to collect the amountin question,or reportyou as Wewill investigatethe disputedinformationand reportthe resultsto you
delinquenton that amount. within 30 daysof receiptof the informationneededfor our investigation.If
" Thechargein questionmay remainon your statement,and we may wefind that the accountinformationwe reportedis inaccurate,wewill
promptlyprovidethe necessarycorrectionto eachconsumerreporting
continueto chargeyou intereston that amount. But, if wedeterminethat
agencyto which we reportedthe information.
we madea mistake,you will not haveto pay the amountin questionor
any interestor otherfeesrelatedto that amount. PAYMENTS MARKED"PAIDIN FULL". All written communications
" Whileyou do not haveto pay the amountin question,you are responsible regardingdisputedamountsthat include any checkor other payment
instrumentmarkedwith "paymentin full" or similar language,mustbe sent
for the remainderof your balance.
" Wecan applyany unpaidamountagainstyourcredit limit.. . to: 6550 North Loop 1604 East,Suite 101, SanAntonio, TX78247-5004.
DONOTUSETHEENCLOSED REMITTANCE ENVELOPE.
YourRightsIf YouAre DissatisfiedWith YourCreditCardPurchases - We mayaccept paymentsentto any otheraddresswithout losingany of
If you aredissatisfiedwith the goodsor servicesthat you havepurchased our rights.
with yourcredit card, andyou havetried in goodfaith to correctthe - Nopaymentshall operateas an accordand satisfactionwithout prior
problemwith the merchant,you may havethe right not to pay the remaining written approval.
amountdue on the purchase.
CUSTOMER SERVICE.Visit comenity.net/torridor call 1-800-853-2921
To usethis right, all of the following mustbe true: (TDD/TTY1-800-695-1788).
1. Thepurchasemusthavebeenmadein your homestateor within 100
miles of yourcurrent mailing address,and the purchaseprice musthave TELEPHONEMONITORING.To provideyou with high-qualityservice,
beenmorethan $50. (Note:Neitherof theseis necessaryif your purchase phonecommunicationwith us is monitoredand/orrecorded.
wasbasedon an advertisementwe mailedto you, or if weownthe company ADDITIONALINFORMATION.The followingdesignations,whenappearing
that soldyou the goodsor services.) on the front of your statement,meanthe following:V meansvariablerate
2. Youmusthaveusedyourcredit card for the purchase.Purchasesmade (this rate mayvary);WVINT PAYRQmeansWAIVEINTEREST,PAYMENT
with cashadvancesfrom an ATMor with a checkthat accessesyourcredit REQUIRED; WVINT EQPYmeansWAIVEINTEREST,EQUALPAYMENT; WV
card accountdo not qualify. INT LOWPMTmeansWAIVEINTEREST,LOWPAYMENT;DFINT PYRQ
meansDEFERINTEREST,PAYMENTREQUIRED;DEFINT EQPYmeans
3. Youmustnot yet havefully paid for the purchase· DEFERINTEREST,EQUALPAYMENT;DFINT LOWPMTmeansDEFER
If all of the criteria aboveare met andyou arestill dissatisfiedwith the INTEREST,LOWPAYMENT and LOWAPREQPAYmeansLOWAPR,EQUAL
purchase,contact us in writing at: ComenityBankPOBox 182782, PAYMENT.If you havea variablerate account,your periodic rates mayvary.
Columbus,Ohio43218-2782. You maypay all of yourAccountbalanceat any time without penalty.
Whilewe investigate,the samerules apply to the disputedamountas Sendall inquiriesto: CUSTOMER
SERVICE,POBox 182273, Columbus,
discussedabove.After wefinish our investigation,we will tell you our Ohio43218-2273.
decision.At that point, if wethink you owean amountandyou do not pay Sendall bankruptcynoticesand relatedcorrespondenceto ComenityBank,
we may reportyou as delinquent·
BankruptcyDepartment,POBox 182125, Columbus,Ohio43218-2125.
HOWTOAVOIDPAYINGINTEREST.Yourdue date is at least25 daysafter NOTICEABOUTELECTRONIC CHECKCONVERSION.Whenyou providea
the closeof each billing cycle. Wewill not chargeyou intereston purchases checkas payment,you authorizeus either to use informationfromyour
if you payyourentire balanceby the due date eachmonth.Wewill beginto checkto makea one-timeelectronicfund transferfrom youraccountor to
chargeintereston newpurchasesmadeundera LowAPR,EqualPayment processthe paymentas a checktransaction.Whenwe use informationfrom
or BudgetPaymentCredit Planfrom the date of purchase· yourcheckto makean electronicfund transfer,funds may be withdrawn
BALANCECOMPUTATION METHOD. Wecalculate interestseparatelyfor fromyouraccountas soonas the sameday we receiveyour payment,and
eachtypeof balanceon youraccount using a "Daily Balance" to determine you will not receiveyourcheck backfromyourfinancial institution.
interestchargesfor each billing period.Wefigure the interestchargeon
youraccount by applyingthe periodicrateto the "daily balance" of your
accountfor each day in the billing cycle. Toget the "daily balance" we
take the beginningbalanceof youraccounteach day, add any new
purchasesand fees, and subtract any paymentsor credits (treatingany net
credit balanceas a zerobalance).Thisgivesus the daily balance.
PAYMENTS. PayyourAccountby the paymentdue date by the time listed below.If wedo not receiveyour paymentin a correctformat (outlined below)it
may not be creditedto yourAccountfor up to five days,or may be rejected.Also,your paymentmustreachus by the paymentcutoff time that appliesto
the paymentmethodyou select.
CorrectFormat.Correctformatfor different paymentmethodsinclude:
Mailing or Overnight:Senda personalcheck, moneyorder,traveler'scheck or cashier'scheck payablein U.S.dollars, to the nameand addressshownon
this Statementin the paymentstub areacontainingyour balanceand minimumpaymentamount.Besureto includeyour paymentstub, do not stapleor
clip your paymentto the stub, includeyouraccountnumberon your check, usethe envelopeprovidedwith your Statement,sendone paymentwith one
paymentstub and do not sendany correspondencewith your payment.Youshouldovernighta paymentto 6550 North Loop 1604 East,Suite 101, San
Antonio,TX78247-5004 and the additional format requirementsarethe sameas other mailed paymentsunlessthere is a dispute, in which caseyou follow
the PaymentsMarked"Paid In Full" sectionabove.Donot sendcashor gift certificates. PayBy Phone:Youcan call us toll free at 1-800-853-2921
(TDD/TTY1-800-695-1788)to makea paymentby telephone,which may includea fee. Online:Youcan makea paymentonline at comenity.net/torrid.
In-store:Youcan makepaymentsin-store.
PaymentCutoffTimes.Paymentcutoff times/deadlinesfor us to receivepaymentsare by the due date on this Statementin the paymentstub areaat the
following times: Mailing and Overnight:By 6:00 pm EasternTime (ET);PayBy Phone:By 8:00 pm (ET); Online: By 8:00 pm (ET);and In-store:By the time
the storeclosesat the locationyou makeyour payment.
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
6 of 23
INDEX NO.AM
FILED: LEWIS COUNTY CLERK 04/20/2022 11:42 EFCA2021-000010
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 04/20/2022
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PAGE 1 OF 4
Summary of account activity Payment information
Account no. ****-****-****-2296 New balance $1,434.02
Minimum payment due $72.00
Previous balance $1,379.12 Payment due date 01/21/2019
Payments -69.00
Other credits 0.00 Late payment warning:
If we do not receive your minimum payment by 01/21/2019 you may
Purchases 92.00
have to pay up to a $39.00 late fee.
Other debits 0.00 ....................................................................................................................
Fees charged 0.00 Minimum payment warning: If you make only the minimum
Interest charged 31.90 payment for each period, you will pay more in interest and it will take
New balance $1,434.02 you longer to pay off your balances. For example:
Past due amount 0.00 If you make no additional You will pay off And you will
Credit limit $1,400.00 charges using this card the balance shown end up paying an
Available credit $0.00 and each month you pay: on the statement estimated total
Statement closing date 12/26/2018 in about: of:
Days in billing cycle 31 Only the minimum payment 5 years $2371
For information regarding credit counseling services,
call 1-800-284-1706.
Account Questions? Need to make a payment? Want to know how to go paperless?
Visit comenity.net/torridor caII 1-800-853-2921 (TDD/TTY 1-800-695-1788). Want to stay in the know with credit tips
and news? Visit us at facebook.com/askcomenity or at twitter.com/askcomenity.
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Details of your transactions
TRANS DATE TRANSACTIONDESCRIPTION/LOCATION AMOUNT
12/19/2018 PAYMENT-THANK YOU -69.00
12/22/2018 TORRID PURCHASE - Watertown-NY - MERCHANDISE ITEM, MERCHANDISE ITEM, 92.00
MERCHANDISE ITEM, MERCHANDISE ITEM, MERCHANDISE ITEM
..........................................................................................................................................................................................................
Fees
Total fees charged for this period $0.00
..........................................................................................................................................................................................................
Interest charged
Interest charge on purchases $31.90
Total interest for this period $31.90
2018 totals year to date
Total fees charged in 2018 $114.00
Total interest charged in 2018 $316.24
NOTICESeereversesidefor impodantinformation.
Please tear at perforation above
Account
number ****-****-****-2296
O R R I DT New balance Minimum payment
FASHION FOR SlZES 12 TO 28 $1,434.02 $72.00
99 3
Payment must reach us by
¡ Yes, I have moved or updated my
e-mail address - see reverse. Amount enclosed: 6 pm ET on 01/21/2019.
$ Please make check payable to:
ilililibligilhligilillill h I liblillilli'lli"ill"IIII@l
Please return this portion along with your payment to:
ERICA JOHNSON
4424 GRIFFITH RD PO BOX 659584
LOWVILLE NY 13367-4315 SAN ANTONIO TX 78265-9584
II'll' 'IDI'
I "I I "IIllIIII 'I I'IIIII "'I
7 of 23
INDEX NO.AM
FILED: LEWIS COUNTY CLERK 04/20/2022 11:42 EFCA2021-000010
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 04/20/2022
Keepthis portionfor your records. CREDITREPORTING.We may reportinformationaboutyouraccountto
WhatToDo If YouThink YouFindA MistakeOn YourStatement credit bureaus.Late payments,missedpayments,or otherdefaultson your
. account may be reflected in yourcredit report.
If you think there is an erroron your statement,write to us at: Comenity
BankPOBox 182782, Columbus,Ohio43218-2782. NOTICEOFCREDITREPORTDISPUTES
In your letter, give us the following information: If you believethe accountinformationwe reportedto a consumerreporting
" Accountinformation:Yournam
Preview
FILED: LEWIS COUNTY CLERK 04/20/2022 11:42 AM INDEX NO. EFCA2021-000010 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 04/20/2022 SELLER Account Itemization Account Number 2296 Original Creditor Comenity Bank Borrower's Full Name ERICA JOHNSON Client's Name TORRID Origination Date 2017-05-04 Last Payment Date 2018-12-19 Last Payment Amount $69 Charge Off Date 2019-07-31 Charge Off Balance $1973.12 Total of Post Charge Off Interest $0 at time of sale Total Post Charge Off Fees SO and Charges at time of sale Total Post Charge Off Credits $0 at time of sale Total Post Charge Off $0 Payments at time of sale Buyer name SECOND ROUND, LP Sale Date 2019-08-14 Balance at time of Sale $1973.12 1 of 23 FILED: LEWIS COUNTY CLERK 04/20/2022 11:42 AM INDEX NO. EFCA2021-000010 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 04/20/2022 NY AFFIDAVIT AFFIDAVIT OF FACTS AND SALE OF ACCOUNT BY ORIGINAL CREDITOR (Debt Buyer Actions) The undersigned, being duly sworn, deposes and says: 1. I am a/an employee of Comenity Servicing LLC, the affiliate servicer for Comenity Bank ("Original Creditor"), and I have personal 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 Comenity Bank to Second Round, LP on h) (the "Sale"), which included the account ("Account") of the consumer ("Consumer") identified in the exhibits attached hereto and incorporated herein. As part of the Sale, Original Creditor assigned all of its interest in the Account, including the right to any proceeds from the Account, to Debt Buyer, and it transferred certain Business Records relating to the Account 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 affidavit. 2. In my position, I also have personal knowledge of Original 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. Original Creditor and Consumer were parties to a credit card agreement ("Agreement"). Consumer agreed to pay Original Creditor for all goods, services and cash advances purchased or 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 under the terms of the Agreement and a demand for payment was made by Original Creditor. A true and correct copy of the Agreement is attached as an exhibit to this affidavit. 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 periodic 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 last account statement(s) generated and mailed by Original Creditor is attached as an exhibit to this afHdavit. 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 last four digits of the 2 of 23 FILED: LEWIS COUNTY CLERK 04/20/2022 11:42 AM INDEX NO. EFCA2021-000010 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 04/20/2022 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 credits 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 correct to the best of my personal knowledge. 6. Further, Affiant sayeth naught. CO K Agency Support Representative The foregoing instrument was acknowledged before me this day of d?. t by 1 17 -vo Ú Lv ( J , Authorized Agent of Comenity Servicing LLC, and authorized agent of Comenity Bank on behalf of said Bank. Notary Public HEATHER 1 COY * * j NotaryPublic,Stateof Ohio Reg. No. ondate ec CÎo Œ County of Franklin O 3 of 23 FILED: LEWIS COUNTY CLERK 04/20/2022 11:42 AM INDEX NO. EFCA2021-000010 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 04/20/2022 EXHIBIT H CERTIFICATE OF CONFORMITY STATE OF Ohio COUNTY OF Franklin The undersigned does hereby certify that she is a person duly qualified to make this certificate of conformity pursuant to Section 299a of the Real Property Law of the State of New York; that the foregoing acknowledgment by Brakken Davis named in the foregoing Affidavit of Sale of Account By Original Creditor taken before Heather J Coy, a notary in the State of Ohio, was taken in the manner prescribed by such laws of the State of Ohio, 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. Date Heather L Keck: Attorney at Law Admitted to practice in the State of Ohio Ohio Attorney Registration No: 0071364 4 of 23 INDEX NO.AM FILED: LEWIS COUNTY CLERK 04/20/2022 11:42 EFCA2021-000010 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 04/20/2022 .............................................................................................................................................................................................................. PAGE 1 OF 2 Summary of account activity Payment information Account no. ****-****-****-2296 New balance $1,973.12 Minimum payment due $678.00 Previous balance $1,889.73 Payment due date 08/21/2019 Payments 0.00 Other credits 0.00 Late payment warning: If we do not receive your minimum payment by 08/21/2019 you may Purchases 0.00 have to pay up to a $39.00 late fee. Other debits 0.00 .................................................................................................................... Fees charged 39.00 Minimum payment warning: If you make only the minimum Interest charged 44.39 payment for each period, you will pay more in interest and it will take New balance $1,973.12 you longer to pay off your balances. For example: Past due amount 579.00 If you make no additional You will pay off And you will Credit limit $1,400.00 charges using this card the balance shown end up paying an Available credit $0.00 and each month you pay: on the statement estimated total Statement closing date 07/26/2019 in about: of: Days in billing cycle 31 Only the minimum payment 5 years $3301 For information regarding credit counseling services, call 1-800-284-1706. Details of your transactions ..T.RANSPATE TRANSAÇTION ES RIPTpEfLOCAT APOUNT Fees 07/21/2019 LATE FEE 39.00 Total fees charged for this period $39.00 .......................................................................................................................................................................................................... Interest charged Interest charge on purchases $44.39 Total interest for this period $44.39 2019 totals year to date Total fees charged in 2019 $273.00 Total interest charged in 2019 $266.10 Interest charge calculation 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 BALANCESUBJECT INTEREST BALANCE APR TOINTEREST RATE CHARGE Purchases 27.2400% (v) 1,918.60 44.39 Additional important messages IMMEDIATE ATTENTION AccountREQUIRED! is extremely Your 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 still be able to assist you and prevent your account from being written off. Call us at 1-855-617-8089 (TDD/TTY 1-800-695-1788) 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. NOTICESeereversesidefor impodantinformation. Please tear at perforation above Account number ****-****-****-2296 O R R I DT New balance Minimum payment FASHION FOR SlZES 12 TO 28 $1,973.12 $678.00 99 4 Payment must reach us by ¡ Yes, I have moved or updated my e-mail address - see reverse. Amount enclosed: 6 pm ET on 08/21/2019. $ Please make check payable to: 11111"11 Ilil I@lilligi I illi"I"i"illhillilillilligilil Please return this portion along with your payment to: ERICA JOHNSON 4424 GRIFFITH RD PO BOX 659584 LOWVILLE NY 13367-4315 SAN ANTONIO TX 78265-9584 I I II I I III "'hilhIII I I "II""I-III 5 of 23 INDEX NO.AM FILED: LEWIS COUNTY CLERK 04/20/2022 11:42 EFCA2021-000010 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 04/20/2022 Keepthis portionfor your records. CREDITREPORTING.We may reportinformationaboutyouraccountto WhatToDo If YouThink YouFindA MistakeOn YourStatement credit bureaus.Late payments,missedpayments,or otherdefaultson your . account may be reflected in yourcredit report. If you think there is an erroron your statement,write to us at: Comenity BankPOBox 182782, Columbus,Ohio43218-2782. NOTICEOFCREDITREPORTDISPUTES In your letter, give us the following information: If you believethe accountinformationwe reportedto a consumerreporting " Accountinformation:Yournameand accountnumber. agencyis inaccurate,you maysubmit a direct dispute to ComenityBankPO " Dollaramount:Thedollar amountof the suspectederror. Box 182789, Columbus,Ohio43218-2789. Yourwritten dispute must " Descriptionof Problem:If you think there is an erroron your bill, providesufficient informationto identify the accountand specifywhy the describewhatyou believeis wrongand whyyou believeit is a mistake. informationis inaccurate: " AccountInformation:Yournameand accountnumber Youmustcontact us within 60 daysafter the errorappearedon your " ContactInformation:Youraddressand telephonenumber statement.Youmust notify us of any potentialerrorsin writing.You may . DisputedInformation:Identify the accountinformationdisputedand call us, but if you do weare not requiredto investigateany potentialerrors explain whyyou believeit is inaccurate andyou may haveto pay the amountin question. " SupportingDocumentation:If available,providea copy of the sectionof Whilewe investigatewhetheror not there hasbeenan error, the following the credit reportshowingthe accountinformationyou are disputing aretrue: " Wecannot try to collect the amountin question,or reportyou as Wewill investigatethe disputedinformationand reportthe resultsto you delinquenton that amount. within 30 daysof receiptof the informationneededfor our investigation.If " Thechargein questionmay remainon your statement,and we may wefind that the accountinformationwe reportedis inaccurate,wewill promptlyprovidethe necessarycorrectionto eachconsumerreporting continueto chargeyou intereston that amount. But, if wedeterminethat agencyto which we reportedthe information. we madea mistake,you will not haveto pay the amountin questionor any interestor otherfeesrelatedto that amount. PAYMENTS MARKED"PAIDIN FULL". All written communications " Whileyou do not haveto pay the amountin question,you are responsible regardingdisputedamountsthat include any checkor other payment instrumentmarkedwith "paymentin full" or similar language,mustbe sent for the remainderof your balance. " Wecan applyany unpaidamountagainstyourcredit limit.. . to: 6550 North Loop 1604 East,Suite 101, SanAntonio, TX78247-5004. DONOTUSETHEENCLOSED REMITTANCE ENVELOPE. YourRightsIf YouAre DissatisfiedWith YourCreditCardPurchases - We mayaccept paymentsentto any otheraddresswithout losingany of If you aredissatisfiedwith the goodsor servicesthat you havepurchased our rights. with yourcredit card, andyou havetried in goodfaith to correctthe - Nopaymentshall operateas an accordand satisfactionwithout prior problemwith the merchant,you may havethe right not to pay the remaining written approval. amountdue on the purchase. CUSTOMER SERVICE.Visit comenity.net/torridor call 1-800-853-2921 To usethis right, all of the following mustbe true: (TDD/TTY1-800-695-1788). 1. Thepurchasemusthavebeenmadein your homestateor within 100 miles of yourcurrent mailing address,and the purchaseprice musthave TELEPHONEMONITORING.To provideyou with high-qualityservice, beenmorethan $50. (Note:Neitherof theseis necessaryif your purchase phonecommunicationwith us is monitoredand/orrecorded. wasbasedon an advertisementwe mailedto you, or if weownthe company ADDITIONALINFORMATION.The followingdesignations,whenappearing that soldyou the goodsor services.) on the front of your statement,meanthe following:V meansvariablerate 2. Youmusthaveusedyourcredit card for the purchase.Purchasesmade (this rate mayvary);WVINT PAYRQmeansWAIVEINTEREST,PAYMENT with cashadvancesfrom an ATMor with a checkthat accessesyourcredit REQUIRED; WVINT EQPYmeansWAIVEINTEREST,EQUALPAYMENT; WV card accountdo not qualify. INT LOWPMTmeansWAIVEINTEREST,LOWPAYMENT;DFINT PYRQ meansDEFERINTEREST,PAYMENTREQUIRED;DEFINT EQPYmeans 3. Youmustnot yet havefully paid for the purchase· DEFERINTEREST,EQUALPAYMENT;DFINT LOWPMTmeansDEFER If all of the criteria aboveare met andyou arestill dissatisfiedwith the INTEREST,LOWPAYMENT and LOWAPREQPAYmeansLOWAPR,EQUAL purchase,contact us in writing at: ComenityBankPOBox 182782, PAYMENT.If you havea variablerate account,your periodic rates mayvary. Columbus,Ohio43218-2782. You maypay all of yourAccountbalanceat any time without penalty. Whilewe investigate,the samerules apply to the disputedamountas Sendall inquiriesto: CUSTOMER SERVICE,POBox 182273, Columbus, discussedabove.After wefinish our investigation,we will tell you our Ohio43218-2273. decision.At that point, if wethink you owean amountandyou do not pay Sendall bankruptcynoticesand relatedcorrespondenceto ComenityBank, we may reportyou as delinquent· BankruptcyDepartment,POBox 182125, Columbus,Ohio43218-2125. HOWTOAVOIDPAYINGINTEREST.Yourdue date is at least25 daysafter NOTICEABOUTELECTRONIC CHECKCONVERSION.Whenyou providea the closeof each billing cycle. Wewill not chargeyou intereston purchases checkas payment,you authorizeus either to use informationfromyour if you payyourentire balanceby the due date eachmonth.Wewill beginto checkto makea one-timeelectronicfund transferfrom youraccountor to chargeintereston newpurchasesmadeundera LowAPR,EqualPayment processthe paymentas a checktransaction.Whenwe use informationfrom or BudgetPaymentCredit Planfrom the date of purchase· yourcheckto makean electronicfund transfer,funds may be withdrawn BALANCECOMPUTATION METHOD. Wecalculate interestseparatelyfor fromyouraccountas soonas the sameday we receiveyour payment,and eachtypeof balanceon youraccount using a "Daily Balance" to determine you will not receiveyourcheck backfromyourfinancial institution. interestchargesfor each billing period.Wefigure the interestchargeon youraccount by applyingthe periodicrateto the "daily balance" of your accountfor each day in the billing cycle. Toget the "daily balance" we take the beginningbalanceof youraccounteach day, add any new purchasesand fees, and subtract any paymentsor credits (treatingany net credit balanceas a zerobalance).Thisgivesus the daily balance. PAYMENTS. PayyourAccountby the paymentdue date by the time listed below.If wedo not receiveyour paymentin a correctformat (outlined below)it may not be creditedto yourAccountfor up to five days,or may be rejected.Also,your paymentmustreachus by the paymentcutoff time that appliesto the paymentmethodyou select. CorrectFormat.Correctformatfor different paymentmethodsinclude: Mailing or Overnight:Senda personalcheck, moneyorder,traveler'scheck or cashier'scheck payablein U.S.dollars, to the nameand addressshownon this Statementin the paymentstub areacontainingyour balanceand minimumpaymentamount.Besureto includeyour paymentstub, do not stapleor clip your paymentto the stub, includeyouraccountnumberon your check, usethe envelopeprovidedwith your Statement,sendone paymentwith one paymentstub and do not sendany correspondencewith your payment.Youshouldovernighta paymentto 6550 North Loop 1604 East,Suite 101, San Antonio,TX78247-5004 and the additional format requirementsarethe sameas other mailed paymentsunlessthere is a dispute, in which caseyou follow the PaymentsMarked"Paid In Full" sectionabove.Donot sendcashor gift certificates. PayBy Phone:Youcan call us toll free at 1-800-853-2921 (TDD/TTY1-800-695-1788)to makea paymentby telephone,which may includea fee. Online:Youcan makea paymentonline at comenity.net/torrid. In-store:Youcan makepaymentsin-store. PaymentCutoffTimes.Paymentcutoff times/deadlinesfor us to receivepaymentsare by the due date on this Statementin the paymentstub areaat the following times: Mailing and Overnight:By 6:00 pm EasternTime (ET);PayBy Phone:By 8:00 pm (ET); Online: By 8:00 pm (ET);and In-store:By the time the storeclosesat the locationyou makeyour payment. 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 6 of 23 INDEX NO.AM FILED: LEWIS COUNTY CLERK 04/20/2022 11:42 EFCA2021-000010 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 04/20/2022 GET More WITH A T O R R I D I N S I D E R CREDIT CARD Exclusive REWARDS FOR THE GIRL WHO LOVEs Fashion TORRID.COM/lNSIDER For tulfrewards terms and visit https://www.torrid.com/customer-service/torrid-insider/terms conditions, and4onditions/| 7 / YOU CAN NOW MAKE PAYMENTS FOR YOUR e eGT Off. TORRID INSlDER CREDIT CARD AT ANY TORRID STORE. .............................................................................................................................................................................................................. PAGE 1 OF 4 Summary of account activity Payment information Account no. ****-****-****-2296 New balance $1,434.02 Minimum payment due $72.00 Previous balance $1,379.12 Payment due date 01/21/2019 Payments -69.00 Other credits 0.00 Late payment warning: If we do not receive your minimum payment by 01/21/2019 you may Purchases 92.00 have to pay up to a $39.00 late fee. Other debits 0.00 .................................................................................................................... Fees charged 0.00 Minimum payment warning: If you make only the minimum Interest charged 31.90 payment for each period, you will pay more in interest and it will take New balance $1,434.02 you longer to pay off your balances. For example: Past due amount 0.00 If you make no additional You will pay off And you will Credit limit $1,400.00 charges using this card the balance shown end up paying an Available credit $0.00 and each month you pay: on the statement estimated total Statement closing date 12/26/2018 in about: of: Days in billing cycle 31 Only the minimum payment 5 years $2371 For information regarding credit counseling services, call 1-800-284-1706. Account Questions? Need to make a payment? Want to know how to go paperless? Visit comenity.net/torridor caII 1-800-853-2921 (TDD/TTY 1-800-695-1788). Want to stay in the know with credit tips and news? Visit us at facebook.com/askcomenity or at twitter.com/askcomenity. TORRID INSIDER *Instant Rewards Track your points and rewards ***Earn 1000 points and get Exclusive Access at Torrid.com/Insider Platinum Status for more rewards faster. Free to Join Plus, free standard shipping-always. Details of your transactions TRANS DATE TRANSACTIONDESCRIPTION/LOCATION AMOUNT 12/19/2018 PAYMENT-THANK YOU -69.00 12/22/2018 TORRID PURCHASE - Watertown-NY - MERCHANDISE ITEM, MERCHANDISE ITEM, 92.00 MERCHANDISE ITEM, MERCHANDISE ITEM, MERCHANDISE ITEM .......................................................................................................................................................................................................... Fees Total fees charged for this period $0.00 .......................................................................................................................................................................................................... Interest charged Interest charge on purchases $31.90 Total interest for this period $31.90 2018 totals year to date Total fees charged in 2018 $114.00 Total interest charged in 2018 $316.24 NOTICESeereversesidefor impodantinformation. Please tear at perforation above Account number ****-****-****-2296 O R R I DT New balance Minimum payment FASHION FOR SlZES 12 TO 28 $1,434.02 $72.00 99 3 Payment must reach us by ¡ Yes, I have moved or updated my e-mail address - see reverse. Amount enclosed: 6 pm ET on 01/21/2019. $ Please make check payable to: ilililibligilhligilillill h I liblillilli'lli"ill"IIII@l Please return this portion along with your payment to: ERICA JOHNSON 4424 GRIFFITH RD PO BOX 659584 LOWVILLE NY 13367-4315 SAN ANTONIO TX 78265-9584 II'll' 'IDI' I "I I "IIllIIII 'I I'IIIII "'I 7 of 23 INDEX NO.AM FILED: LEWIS COUNTY CLERK 04/20/2022 11:42 EFCA2021-000010 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 04/20/2022 Keepthis portionfor your records. CREDITREPORTING.We may reportinformationaboutyouraccountto WhatToDo If YouThink YouFindA MistakeOn YourStatement credit bureaus.Late payments,missedpayments,or otherdefaultson your . account may be reflected in yourcredit report. If you think there is an erroron your statement,write to us at: Comenity BankPOBox 182782, Columbus,Ohio43218-2782. NOTICEOFCREDITREPORTDISPUTES In your letter, give us the following information: If you believethe accountinformationwe reportedto a consumerreporting " Accountinformation:Yournam