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ELECTRONICALLY FILED - 2023 Jan 23 10:06 AM - JASPER - COMMON PLEAS - CASE#2023CP2700040
STATE OF SOUTH CAROLINA ) IN THE COURT OF COMMON PLEAS
) FOURTEENTH JUDICIAL CIRCUIT
COUNTY OF ________________________
Jasper )
)
LVNV Funding, LLC ) SUMMONS
)
)
Plaintiff )
vs. ) FILE NO. _______-CP-_____-__________
)
Tony McCarthan
______________________________________ )
Defendant. )
TO: Tony McCarthan
1097 Stiney Rd
Hardeeville, SC 29927
TO THE DEFENDANT ABOVE-NAMED:
YOU ARE HEREBY SUMMONED and required to answer the complaint herein, a copy of
which is herewith served upon you, and to serve a copy of your answer to this complaint upon the
subscriber, at the address shown below, within thirty (30) days after service hereof, exclusive of the
day of such service, and if you fail to answer the complaint, judgment by default will be rendered
against you for the relief demanded in the complaint.
Charleston, South Carolina
January 20, 2023 s/ Britt Travis
Britt Travis SC Bar No. 69563
Sharonda James SC Bar No. 103385
Scott & Associates, PC
1744 Sam Rittenberg Blvd., Suite D
Charleston, SC 29407
Toll Free: (866) 298-3155
Telephone: (843) 573-4350 (Court inquiry ONLY)
Attorney for Plaintiff
SCCA 401 (5/02)
*21570466*
S&A 2277034 *21570466*
ELECTRONICALLY FILED - 2023 Jan 23 10:06 AM - JASPER - COMMON PLEAS - CASE#2023CP2700040
STATE OF SOUTH CAROLINA ) IN THE COURT OF COMMON PLEAS
) FOURTEENTH JUDICIAL CIRCUIT
COUNTY OF JASPER )
)
LVNV Funding, LLC )
) COMPLAINT
Plaintiff, )
) (NON-JURY COLLECTION)
vs. )
)
Tony McCarthan )
) C/A NO.:
Defendant. )
The above-named Plaintiff, complaining of the Defendant herein, respectfully alleges:
1. That Plaintiff is a Nevada limited liability company authorized to conduct business
in the State of South Carolina.
2. That upon information and belief, Defendant Tony McCarthan is a resident of the
County of Jasper, State of South Carolina with a last known address of 1097 Stiney
Rd, Hardeeville, SC 29927.
3. This is an action for recovery of indebtedness due unto Plaintiff arising out of a
Mastercard Credit Account obtained by the Defendant from Citibank, N.A.
4. That on or about December 7, 2017, Citibank, N.A. issued a Mastercard Credit
Account to the Defendant in the Defendant's name, labeled Citi(R) Double Cash
Card,, account number XXXXXXXXXXXX4742 (the "Account"). The issuance of
the Mastercard Credit Account created a revolving line of credit on an open account,
allowing the Defendant to obtain cash advances and/or to make purchases at certain
authorized retail establishments. These purchases and/or advances were to be
S&A Form TempFile.wpd
ELECTRONICALLY FILED - 2023 Jan 23 10:06 AM - JASPER - COMMON PLEAS - CASE#2023CP2700040
charged to the Account, which the Defendant agreed to pay.
5. The Defendant's Account was utilized for purchases and/or cash advances, the
balances of which has gone unpaid and is now delinquent. Although demand has
been made, Defendant has failed to remit payment, thereby creating a default.
Therefore, the amount now due Plaintiff is the sum of $6,259.24.
6. LVNV Funding LLC is the successor-in-interest to Citibank, N.A. pursuant to an
assignment originating with Citibank, N.A., and is owner and holder of all claims
related to the Account.
7. Demand for payment has been made, however the foregoing balance remains
outstanding.
8. Plaintiff expressly waives its right, if any, to recover its attorneys fees in this matter.
9. On information and belief, the right to cure notice required by S.C. Code Section
37-5-110 and 37-5-111 has either been given to Defendant or is not required.
[Continued on Next Page]
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ELECTRONICALLY FILED - 2023 Jan 23 10:06 AM - JASPER - COMMON PLEAS - CASE#2023CP2700040
PRAYER
WHEREFORE, having fully set forth its Complaint, Plaintiff LVNV
Funding LLC prays before this Court for an Order granting judgment against
Defendant Tony McCarthan in the sum of $6,259.24, along with the costs of this
action, post judgment interest at the statuatory rate from the date of judgment, and
such further relief as may be just and proper. Plaintiff further demands that the
case NOT be tried by jury.
Respectfully submitted,
SCOTT & ASSOCIATES, P.C.
s/________________________________
Britt Travis
Britt Travis SC Bar No. 69563
Sharonda James SC Bar No. 103385
Scott & Associates, PC
1744 Sam Rittenberg Blvd., Suite D
Charleston, SC 29407
Toll Free: (866) 298-3155
Telephone: (843) 573-4350 (Court inquiry Only)
_____________________
1/6/23 Attorney for Plaintiff
Charleston, South Carolina
S&A 2277034
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ELECTRONICALLY FILED - 2023 Jan 23 10:06 AM - JASPER - COMMON PLEAS - CASE#2023CP2700040 STATE OF SOUTH CAROLINA ) IN THE COURT OF COMMON PLEAS ) FOURTEENTH JUDICIAL CIRCUIT COUNTY OF ________________________ Jasper ) ) LVNV Funding, LLC ) SUMMONS ) ) Plaintiff ) vs. ) FILE NO. _______-CP-_____-__________ ) Tony McCarthan ______________________________________ ) Defendant. ) TO: Tony McCarthan 1097 Stiney Rd Hardeeville, SC 29927 TO THE DEFENDANT ABOVE-NAMED: YOU ARE HEREBY SUMMONED and required to answer the complaint herein, a copy of which is herewith served upon you, and to serve a copy of your answer to this complaint upon the subscriber, at the address shown below, within thirty (30) days after service hereof, exclusive of the day of such service, and if you fail to answer the complaint, judgment by default will be rendered against you for the relief demanded in the complaint. Charleston, South Carolina January 20, 2023 s/ Britt Travis Britt Travis SC Bar No. 69563 Sharonda James SC Bar No. 103385 Scott & Associates, PC 1744 Sam Rittenberg Blvd., Suite D Charleston, SC 29407 Toll Free: (866) 298-3155 Telephone: (843) 573-4350 (Court inquiry ONLY) Attorney for Plaintiff SCCA 401 (5/02) *21570466* S&A 2277034 *21570466* ELECTRONICALLY FILED - 2023 Jan 23 10:06 AM - JASPER - COMMON PLEAS - CASE#2023CP2700040 STATE OF SOUTH CAROLINA ) IN THE COURT OF COMMON PLEAS ) FOURTEENTH JUDICIAL CIRCUIT COUNTY OF JASPER ) ) LVNV Funding, LLC ) ) COMPLAINT Plaintiff, ) ) (NON-JURY COLLECTION) vs. ) ) Tony McCarthan ) ) C/A NO.: Defendant. ) The above-named Plaintiff, complaining of the Defendant herein, respectfully alleges: 1. That Plaintiff is a Nevada limited liability company authorized to conduct business in the State of South Carolina. 2. That upon information and belief, Defendant Tony McCarthan is a resident of the County of Jasper, State of South Carolina with a last known address of 1097 Stiney Rd, Hardeeville, SC 29927. 3. This is an action for recovery of indebtedness due unto Plaintiff arising out of a Mastercard Credit Account obtained by the Defendant from Citibank, N.A. 4. That on or about December 7, 2017, Citibank, N.A. issued a Mastercard Credit Account to the Defendant in the Defendant's name, labeled Citi(R) Double Cash Card,, account number XXXXXXXXXXXX4742 (the "Account"). The issuance of the Mastercard Credit Account created a revolving line of credit on an open account, allowing the Defendant to obtain cash advances and/or to make purchases at certain authorized retail establishments. These purchases and/or advances were to be S&A Form TempFile.wpd ELECTRONICALLY FILED - 2023 Jan 23 10:06 AM - JASPER - COMMON PLEAS - CASE#2023CP2700040 charged to the Account, which the Defendant agreed to pay. 5. The Defendant's Account was utilized for purchases and/or cash advances, the balances of which has gone unpaid and is now delinquent. Although demand has been made, Defendant has failed to remit payment, thereby creating a default. Therefore, the amount now due Plaintiff is the sum of $6,259.24. 6. LVNV Funding LLC is the successor-in-interest to Citibank, N.A. pursuant to an assignment originating with Citibank, N.A., and is owner and holder of all claims related to the Account. 7. Demand for payment has been made, however the foregoing balance remains outstanding. 8. Plaintiff expressly waives its right, if any, to recover its attorneys fees in this matter. 9. On information and belief, the right to cure notice required by S.C. Code Section 37-5-110 and 37-5-111 has either been given to Defendant or is not required. [Continued on Next Page] 2 ELECTRONICALLY FILED - 2023 Jan 23 10:06 AM - JASPER - COMMON PLEAS - CASE#2023CP2700040 PRAYER WHEREFORE, having fully set forth its Complaint, Plaintiff LVNV Funding LLC prays before this Court for an Order granting judgment against Defendant Tony McCarthan in the sum of $6,259.24, along with the costs of this action, post judgment interest at the statuatory rate from the date of judgment, and such further relief as may be just and proper. Plaintiff further demands that the case NOT be tried by jury. Respectfully submitted, SCOTT & ASSOCIATES, P.C. s/________________________________ Britt Travis Britt Travis SC Bar No. 69563 Sharonda James SC Bar No. 103385 Scott & Associates, PC 1744 Sam Rittenberg Blvd., Suite D Charleston, SC 29407 Toll Free: (866) 298-3155 Telephone: (843) 573-4350 (Court inquiry Only) _____________________ 1/6/23 Attorney for Plaintiff Charleston, South Carolina S&A 2277034