Legal Document: Wells Fargo Bank, N.A. vs Bishar A Yusuf

On December 05, 2023 a Summons and Complaint Index #1 was filed involving a dispute between Wells Fargo Bank, N.A., and Yusuf, Bishar A, for Consumer Credit Contract in the District Court of Hennepin County.

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27-CV-23-18489
Filed in District Court
State of Minnesota
12/5/2023 5:05 PM

217720
'

Case Type: Consumer Credit Contract
STATE OF MINNESOTA DISTRICT COURT

COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT

Court File No.
WELLS FARGO BANK, NA

Plaintiff
vs. SUMMONS

BISHAR A YUSUF
322 S 2ND ST, APT 515
MINNEAPOLIS MN 55401-3 822

Defendant

THIS SUMMONS IS DIRECTED TO EACH OF THE ABOVE-NAMED DEFENDANT.

l. YOU ARE BEING SUED. The Plaintiff has started a lawsuit against you. The Plaintiffs Complaint
against you is attached to this Summons. Do not throw these papers away. They are ofﬁcial papers that
affect your rights. You must respond to this lawsuit even though it may not yet be ﬁled with the Court
and there may be no court ﬁle number on this Summons.

2. YOU MUST REPLY WITHIN 21 DAYS TO PROTECT YOUR RIGHTS. You must give or
mail to the person who signed this Summons a written response called an Answer within 21 days of the
date on which you received this Summons. You must send a copy of your Answer to the person who
signed this Summons located at:

STEWART, ZLIMEN & JUNGERS, LTD.
2860 Patton Road
Roseville MN 55113
Phone 651-366-6380 Fax 651-366-6381

3. YOU MUST RESPOND TO EACH CLAIM. The answer is your written response to the Plaintiff's
Complaint. In your Answer you must state whether you agree or disagree with each paragraph of the
Complaint. If you believe the Plaintiff should not be given everything asked for in the Complaint, you
must say so in your Answer.

4.YOU WILL LOSE YOUR CASE IF YOU DO NOT SEND A WRITTEN RESPONSE TO THE
COMPLAINT TO THE PERSON WHO SIGNED THIS SUMMON S. If you do not Answer within
21 days, you will lose this case. You will not get to tell your side of the story, and the Court may decide
against you and award the Plaintiff everything asked for in the Complaint. If you do not want to contest
the claims in the Complaint, you do not need to respond. A default judgment can then be entered against
you for the relief requested in the Complaint.
27-CV-23-18489
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5. LEGAL ASSISTANCE. You may wish to get legal help from a lawyer. If you do not have a lawyer,
the Court Administrator may have information about places where you can get legal assistance. Even if
you cannot get legal help, you must still provide a written Answer to protect your rights or you
may lose the case.

6. ALTERNATIVE DISPUTE RESOLUTION. The parties may agree to or be ordered to participate
in an alternative dispute resolution process under Rule l l4 of the Minnesota General rules of Practice.
You must still send your written response t0 the Complaint even if you expect to use alternative means of
resolving this dispute.

Dated: STEWART, ZLIMEN & JUN GERS, LTD.
Qﬂi/Zg
l

V @é
Brad D Welp, #0344497
Alexander C. Gallwas,
Attorneys for Plaintiff
#040?
Phone: 651366-6380
Email: szj@szjlaw.com
27-CV-23-18489
Filed in District Court
State of Minnesota
12/5/2023 5:05 PM

217720 Case Type: Consumer Credit Contract
STATE OF MINNESOTA DISTRICT COURT

COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT

Court File No.
WELLS FARGO BANK, NA

Plaintiff
vs. COIWPLAINT

BISHAR A YUSUF

Defendant

For its Complaint, Plaintiff alleges as follows:

1. Plaintiff is a National Association doing business in the State of Minnesota.

2. Defendant is a resident of the State of Minnesota.

The parties entered into an Agreement under which Plaintiff loaned money or extended credit to
Defendant on an Account that Defendant promised to repay.

COUNT I -
BREACH OF CONTRACT

Plaintiff restates all of the allegations set forth above and further states as follows:

5 The parties entered into an Agreement on or about I 1/22/2013. A true and correct copy of the
Agreement is attached as Exhibit A.

6 Defendant failed to repay the money lent or credit extended as promised.

7 The last payment on the Account was made on or about 06/21/2022, but it failed to pay the full
amount due.

Defendant's breach of the Agreement damaged Plaintiff in the amount of $1 8,360.44.

9 The Agreement provides that Plaintiff may recover its reasonable attorneys' fees; Plaintiff' has
incurred $400.00 in attorneys' fees to date and will incur at least an additional $400.00 in attomeys'
fees during the course of this lawsuit.

COUNT II ACCOUNT STATED

10. Plaintiff restates all of the allegations set forth above and further states as follows:

ll. Defendant is liable to Plaintiff on an account Stated in the amount of $1 8,360.44.
27-CV-23-18489
Filed in District Court
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12. A true and correct copy of the Account is attached hereto as Exhibit B.

WHEREFORE, Plaintiff prays forjudgment against Defendant, for the principal sum of
$18,360.44, plus an award of reasonable attorneys' fees of $800.00 or 15% of the principal sum, whichever
is less, plus costs but excluding any prejudgment or post-judgment interest.

Dated: STEWART, ZLIMEN & JUNGERS, LTD.
8/! é/ZB
Brad D Welp, #0344497
a/ﬂ ,

Alexander C Gallwas, #040306
Attorneys for Plaintiff
2860 Patton Road
Roseville MN 55113
Phone: 651-366-6380
Email: szj@szjlaw.com

The plaintiff and the attorneys signing this pleading acknowledge that sanctions may be imposed
under Minn. Stat. §549.21 1.
27-CV-23-18489
Filed in District Court
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EXHIBIT A
AGREEMENT
27-CV-23-18489
Filed in District Court
State of Minnesota
12/5/2023 5:05 PM

Consumer Credit Card Customer
Agreement & Disclosure Statement
Visa® & Visa Signature®
gate or CONTENTS
-

your Contract With Us:
315an Your Account;
Changes To This Agreement:
feasAndInterest:
' " " '
gilling Statements And
fayments:
Either Important Information:
When:
Your Biking Rights:
ﬁctive Duty Military
ﬁervtcemembers and Their
yependents:
interpreter Certmcation:
ﬂotice To California Cardholders
To our California customers who have discussed credlt
card terms and conditions with us in Spanish, Chinese,
Korean, Vietnamese, or Tagalog:

Read Section 34 about interpreter certification
before you confirm your credit card.
Lea Ia Seccién 34 sabre certificacién de
intérprete antes de conﬁrmar su tarjeta de
crédito.
EﬂﬁfﬁﬁﬁifZﬁﬁiﬁ 34 em rliﬁiﬁiﬁJ "

were itoﬁiAPI e011 sexr 94
2Al7l HIEﬂlit
Hay doc Phan 34 v'é chL'rng nhén thong dich vién tru'dc
khi quy vi xa'c nhén the tin dung c0a minh.
Basahin ang Seksyon 34 tungkol sa sertipikasyon ng
interpreter bago mo kumpirmahin ang iyong credit
card.

tour'Contract With Us
(1) Agreement. This contract for your credit
card account ("Account") includes the Credit Card
Agreement ("Agreement"), the Important Terms of
Your Credit Card Account and future amendments to
this Agreement. This Agreement is a contract between
Wells Fargo Bank, N.A. and each Account holder. You
and any joint Account holder accept the terms of this
Agreement by using or confirming your Account. Please
read this Agreement carefully and keep it for your
records.

(2) Deﬁnitions

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A rate, shown as a percentage,
Annual used to calculate interest on the
balance on your Account.
Percentage Rate
(APR)
The time period between
Billing Cycle or billing statements. Each billing
Statement ShOWS a Statement
Billing Period
closing date which is the last day
of the Billing Cycle.
The transfer of a balance from
Balance Transfer another credit account to your
Account, including the use of
a check that accesses your
Account. Your account may not
be eligible for balance transfers.
Any cards we issue to you or any
Card devices we allow you to use to
access credit on your Account.
Use of your Card to get cash.
Cash Advance Examples include using your card
for Cash Advances through an
ATM, bank teller or Wells Fargo
Online®, Overdraft Protection
advances, Balance Transfers,
or cash-like purchases such as
money orders, wire transfers,
traveler checks, foreign currency,
lottery tickets, casino chips, off-
track wagers, other wagers,
vouchers redeemable for cash or
similar items.
A device, other than your Card,
Credit like SUPERCHECKS'" and mobile
Access Device devices, that we allow you to use
to access credit on your Account.
This is the amount that is
Credit Limit available for your use.
A summary of your Account's

Important Terms APRs, fees and other important
of Your Credit information.
Card Account
The total amount you owe as of a
New Balance statement closing date.
The sum of all unpaid amounts,
Outstanding including Purchases, Cash
Balance Advances, Balance Transfers,
interest, fees and any other
amounts that you may owe us.
The date the Minimum Payment
is due. It will be at least 25 days
Payment Due from the statement closing date
Date
and will be provided on your
billing statement.
Use of your Account to buy or
Purchase lease goods or services. Cash
Advances, Balance Transfers and
cash-like transactions are not
Purchases. Tax payments and
associated fees are Purchases.
Wells Fargo Bank, N.A.
We, Us, and Our
The Account holder(s) who
You and Your opened the Account.

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(3) Contacting You. You agree that we have your
consent to contact you at any phone number, email
address, or mailing address you provide for any Wells
Fargo account or at any number that you call us from
or at any number that we obtain by other means. If
you provided a phone number, you agree that you
own or are authorized to provide that number, and
you understand that you shall indemnify us for any
costs and expenses, including reasonable attorneys'
fees, incurred as a result of us attempting to contact
you at the number(s). Your consent allows us and
any companies working on our behalf to service your
account, to use any means to contact you including:
automated dialing devices, prerecorded/artificial
voice messages, mail, e-mail, text messages, push
notiﬁcations, and calls to your cell phone, or any
other data or voice transmission technology. You
are responsible for any service provider charges you
may incur as a result of us contacting you by any
means, whether such charges are related to text, data,
equipment or other plans. You will promptly notify
us if you change any contact information, including
your name, mailing address, e-mail addresses, or
phone numbers. If you have a joint Account, a notice
to one of you will serve as a notice to both of you. We
may use voice recognition technology to verify your
identity when you call. We may capture and store your
voiceprint for this purpose. We may monitor and record
any calls between you and us.

Using Your Account
(4) Using Your Account. You may use your consumer
credit card Account for Purchases, Balance Transfers,
Cash Advances and any other transactions we allow.
You promise to use your Account only for lawful
personal, family, or household purposes. We reserve
the right to deny transactions or authorizations from
merchants who may be engaging in the internet
gambling business. We are not responsible for anyone
who refuses to accept your Card or any other Credit
Access Device. We may decline any transaction at
any time. Your credit card may not be used to make a
payment on any other Wells Fargo credit account.
Cash Advances from ATMs. Cash Advances from
ATMs may be limited by amount or frequency. The ATM
owner may have additional restrictions. If the ATM
owner charges any fee, that fee will be included as part
of the total Cash Advance amount.

Cash Advances for Overdraft Protection. You may
elect to have an automatic Cash Advance from your
Account to cover an overdraft on a linked Wells Fargo
checking account. To cover an overdraft on a linked
Wells Fargo checking account, we will advance the
greater of
a the amount of
your overdraft; or
o $25.00

Except if
- the amount of available credit on
your Card is
less than the amount of the overdraft or less
than $25.00, we will then advance the amount of
available credit.
The APR that applies to overdraﬁ protection advances
is listed in the Important Terms of Your Credit Card
Account. Overdraft protection advances and interest
may cause your Account balance to exceed your credit

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limit. If there is more than one person listed on the
checking account (such as a joint checking account)
that you have linked for overdraft protection, then:
o You will be
responsible for all overdraft protection
advances regardless of which person wn'tes the
check or engages in any other transaction (such as
a debit card purchase) that causes the overdraﬁ;
and
o You agree to allow us to disclose to any other
person on your checking account, that this Card
is linked to your checking account for overdraﬁ
protection.

We reserve the right to cancel, suspend, or change
your overdraft protection service at any time, for any
reason.

Credit Access Devices. SUPERCHECKS, if available,
can be used to access your Account similar to writing a
check on a deposit account. SUPERCHECKS checks will
post as a Balance Transfer: They will include transaction
fees and interest.

Some restrictions apply to SUPERCHECKS:
c They may not be written as payment on any Wells

Fargo account.
- They may be used
only by the person whose name
is printed on the check.
o
They must be written in U.S. dollars.
o
They cannot be certiﬁed.
- You cannot file a claim against the bank when you
have a dispute with a merchant about payment
for property or services that you paid for using a
SUPERCHECKS check.
o We reserve the right to put conditions on the use
of SUPERCHECKS checks and to reject, decline and
return unpaid any SUPERCHECKS check or advance
at our discretion.

Third Party/Mobile Devices. You or an authorized
user may be permitted to ioad your credit card to
an app on a smart phone, tablet or other electronic
device, such as, through a mobile wallet, which could
be used for purchases or other transactions without
presenting the card. Any such Transactions are covered
by this Agreement. We have no control over the device
and cannot guarantee the performance of the device.

Additionally:
o You should protect the
security of the device
the same as your credit card or other valuable
information.
- There may be third party fees related to the
transaction such as mobile carrier data or
messaging charges.
o We may, at any time, partially or fully restrict your
ability to make credit transactions through a third
party/mobile device. You agree to notify us promptly
if you remove or want to remove your Account
information from any third party/mobile device.

(5) Authorized Users. If you wish to have an
additional Card issued in another person's name,
please contact us and we will send you a Card with the
name of the authorized person embossed on the front
of the Card. You are responsible for payment of the
entire amount owed to us, including any Purchases,

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Balance Transfers or Cash Advances (and all related
Interest and fees) made by the authorized person.

Ending Authorized User Privileges. If you want to
end an authorized user's privilege to use your Account,
you must:
o Recover and destroy that person's Card. If you do
not, you will continue to be liable for any charges
made, even if you've advised us of your wish to
cancel the privileges, unless you tell us to cancel all
Cards and establish a new Account for you.
o You must notify us of your request by contacting
us at the number on the back of your Card or by
mail at Wells Fargo Bank, N.A., PO Box 10347, Des
Moines, IA 50306-0347.
In general, an authorized person is not obligated on
this Account and is not liable for any Outstanding
Balance or any other charges made by you or by any
other authorized person. In the event of the death of
all fully liable cardholders, authorized users' privilege
ends automatically. After that, if any person uses
the Card, such use indicates his or her agreement
to pay us, and we may, at our discretion, pursue the
person for payment of any Outstanding Balance or
any other charges they authorize. You agree to notify
each authorized person that they are subject to all
applicable sections of this Agreement.

Information about Authorized Users. You agree
to give us certain personal information about each
authorized user. You must have permission from each
authorized user allowing you to give us that personal
information. This may include name, address, social
security number/ Individual Taxpayer Identiﬁcation
Number, date of birth and citizenship.

(6) Lost or Stolen Cards and Liability for
Unauthorized Use, and Zero Liability Protection.
You must notify us immediately if your Card or
account information is lost or stolen, or if you believe
it's being used without your permission. You may
contact us by phone at 800-642-4720 or in writing
at Wells Fargo Bank, N.A., RO. Box 10347, Des
Moines, IA 503060347. You agree to assist us in our
investigation of the matter. If you do this and we ﬁnd
you not responsible, you will not be held liable for the
unauthorized use of your Account.

(7) Promise to Pay. when you use your Account or
let someone else use it, you promise to pay the total
amount of the Purchases, Cash Advances, and Balance
Transfers, plus all interest, fees and other amounts that
you may owe us. We may limit or close your Account,
but the terms of this Agreement will apply until you
pay the Account in full.

(8) Credit Limit. We may assign the following limits
to your Account:
Cash Advance Limit. We may restrict the amount of
your credit limit that can be used for Cash Advances.
Your total credit limit will be provided with your Credit
Card and shows on each of your billing statements.
You promise to use your Account only to the limits. If
you exceed your total credit limit, we may allow the
transaction without increasing your total credit limit
or deny the transaction. If we allow the transaction,
we may treat that over limit amount as due with the
minimum payment on your next statement. If you

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exceed the limits, you will still remain liable for all
credit you receive. We can adjust your credit limit at
any time, including automatic credit line increases for
those who qualify.

(9) Authorizations. We don't guarantee approval of
transactions. We reserve the right to deny transactions
for any reason, such as account default, suspected
fraudulent or unlawful activity, internet gambling,
or any indication of Increased risk related to the
transaction. If you engage in abuse, misuse or gaming
in connection with earning or using points or attempt
to do so, we may close or restrict your Wells Fargo
credit card(s). Abuse, misuse or gaming includes,
but is not limited to, making multiple purchases and
multiple payments during a billing cycle whereby the
dollar amount for each purchase in the aggregate
substantially exceeds your credit limit. We also may
limit the number of authorizations we allow during a
period of time.

Transactions at some merchants (such as hotels, car
rental companies, restaurants, and gas stations) may
result in temporary authorizations for amounts greater
than the actual Purchase amount. This will make less
credit available on your Account for several days,
usually until the date the actual Purchase amount is
received from the merchant.

If you give your credit card information to a merchant
to bill your account for recurring payments, or to
keep it on ﬁle for future purchases or payments, and
your card number, expiration date, or security code
changes, you should notify the merchant with your new
card information. Some card networks provide update
services and receive updated card information from
Wells Fargo. Merchants that participate in such services
will receive updated card information from the network
for credit cards that you have provided to the merchant
for recurring or future purchases or payments. We
cannot tell you which merchant will receive updated
card information when your card information changes.
You should always provide each merchant with your
new card information because some merchants do not
subscribe to such network services.

Changes To This Agreement
(10) Change in Terms. We may change this
Agreement at any time. These changes may apply to
existing and future balances. We will give you advance
written notice of the changes and a right to reject the
changes if required by law. We may require you to
close your Account or take other actions if you reject
the changes.

Fees And Interest
(11) Fees. The following fees may apply to your
account. If they do apply, you will find the amount in
the Important Terms of Your Credit Card Account. You
agree to pay any fees that apply.
- Annual Fee. If your account has an annual fee it will
be charged each year your account is open. The
annual fee will not be billed after your Account is
closed.
- Balance Transfer Fee. This fee
may be charged on a
Balance Transfer transaction.
o Cash Advance Fee. This fee may be charged on a
Cash Advance from your Account.

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- Foreign Currency Conversion Fee. If you make a
transaction in a foreign currency, Visa wiii convert
it into a U.S. dollar amount. A foreign currency
conversion fee may be charged when this is done.
o Late Fee. This fee may be charged each time we do
not receive the required Minimum Payment due by
the Payment Due Date.
o Rush Plastic Fee. This fee may be charged if you
requested expedited delivery for your credit card.

Additional fees may be charged if agreed between you
and us. All fees will be added to the Purchases balance,
except Cash Advance fees which will be added to the
Cash Advance balance on your Account.

(12) Foreign Currency Transactions.
If you make a transaction in a currency other than U.S.
dollars using a Visa Card, then Visa International "Visa"
will convert the charge into a U.S. dollar amount. The
exchange rate between the transaction currency and
the billing currency used for processing international
transactions is either (a) a rate selected by Visa from
the range of rates available in wholesale currency
markets for the applicable central processing date,
which rate may vary from the rate Visa itself receives,
or (b) the governmentmandated rate in effect for
the applicable centrai processing date. The currency
conversion rate for the processing date may differ from
the rate in effect on the date of the transaction or the
date the transaction is posted to your Account.

Point of Sale Conversion. Some merchants outside
the United States offer cardholders the option of
having Card transactions converted to U.S. dollars by
Visa, as described above, or by the merchant itself. If
the latter option is chosen, the currency conversion
rate is determined solely by the merchant involved in
the transaction, and no foreign currency conversion fee
is charged by the bank for the transaction.

(13) Rates. The following sections describe how we
calculate the interest you owe each Billing Period. The
Important Terms of Your Credit Card Account list the
APRs that apply to different types of balances.

Introductory Rates. Your account may be eligible
for introductory rates. This would be described in the
Important Terms of Your Credit Card Account. If you
are offered a promotional rate after your account is
opened, the terms will be provided at that time. After
any introductory or promotional rates expire, the
remaining balances will be subject to the applicable
Standard or Standard Variable APR terms.

How we Calculate your Standard Variable APRs.
If your account has a variable rate the APR will vary
based on the U.S. Prime Rate plus the applicable
"Margin". See the Important Terms of Your Credit
Card Account for the "Margin" on Purchases, Balance
Transfers, Cash Advances, and overdraft protection
advances, and daily periodic rates that apply to your
Account. For each Billing Period, we use the U.S. Prime
Rate or the average of the U.S. Prime Rates (if there
is more than one) published in the "Money Rates"
column of The Wall Street Journal three business days
prior to your billing statement closing date. If the U.S.
Prime Rate is no longer published or is not available,
we may select a similar index. A change in the APR

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may increase or decrease the total amount of interest
you pay and your Minimum Payment due. If the APR
changes due to a change in the U.S. Prime Rate, the
new APR will apply to both existing and future balances
on the ﬁrst day of your Billing Cycle. The APR will
continue to vary even if your Account is closed.

Standard APRs. If your Account is subject to
Standard APRs, the Standard APRs will not vary with
the market based on the U. S. Prime Rate. However,
we may change the Standard APRs from time to time
in accordance with the Change In Terms information
described in section 10. The rates that apply to your
account are listed in the Important Terms of Your
Credit Card Account.

Daily Periodic Rates. The daily periodic rates are
calculated by dividing each applicable APR by 365.

(14) Minimum Interest Charge. Your account may
have a Minimum Interest Charge. See The Important
Terms of Your Credit Card Account for the applicable
charge.

(15) When we Charge Interest. For most
transactions, interest will be charged beginning on
the date a transaction is made on your account. We
charge interest on a fee beginning on the first day of
the Billing Cycle following the Billing Cycle in which the
fee posted to your Account.

(16) Here's how and when specific Transactions,
fees and credits are applied:
- We add the amount of a Purchase or Balance
Transfer to the Purchase balance as of the
transaction date shown on your statement.
- We add Balance Transfer fees to the Purchase
balance as of the transaction date shown on your
statement.
o We add the amount of a Cash Advance to the Cash
Advance balance as of the transaction date shown
on your statement.
I We add Cash Advance Fees to the Cash Advance
balance as of the transaction date shown on your
statement.
o We add the amount of any Overdraﬁ Protection
advance to the Cash Advance balance as of the
transaction date shown on your statement.

(17) How we Calculate Interest. We begin by
calculating the daily balance of each Transaction
category. Next we calculate the Average Daily Balance
(ADB). Finally, we calculate the interest. See each
section below for details.
1. Calculating the daily balance: the daily balance is
calculated separately for each Transaction category.
We start with the daily balance from the end of
the previous day. We add in any new Transactions
and other charges, including interest accrued on
the previous day's balance. This means interest is
compounded daily. We then subtract any payments
or credits.

Example for the Purchase Transaction category:
Daily balance for purchases from the previous day
+ New purchases
+ Fees and interest accrued on the previous day's
Transaction category balance

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-
Payments, credits and adjustments that posted
that day
= New dain balance for Purchases

2. Calculating the Average Daily Balance (ADB):
we add up all the daily balances for the Billing Cycle
starting with the beginning balance of the first day
of the Billing Cycle. This beginning balance will
include any unpaid fees from the previous Billing
Cycle and any late fees incurred during the current
Billing Cycle. Any daily balance that is a credit
balance is treated as zero. We divide this amount by
the number of days in the Billing Cycle.

ADB = sum of daily balances + number of days in
the Billing Cycle

3. Interest Calculation: we calculate the interest
charge for each type of balance by applying the
daily periodic rate to the ADB and multiplying this
by the number of days in the Billing Cycle.

Interest Charge = daily periodic rate x ADB x
number of days in Billing Cycle

(18) Grace Period. To avoid paying interest on new
Purchases you have to pay your entire New Balance by
the Due Date on your statement each Billing Period.
You cannot avoid interest on Cash Advances or Balance
Transfers. Your due date will be at least 25 days from
the statement closing date and will be provided on
your billing statement.

Billing Statements And Payments
(19) Billing Statements. If you have a balance on
your account you will receive a billing statement. Your
billing statement will show your Minimum Payment due
and the Payment Due Date.

(20) Payments. You may pay all or part of your
Account balance at any time, but you must pay the
Minimum Payment, disclosed on your billing statement,
by the Payment Due Date.

Minimum Payment. Your Minimum Payment Due
includes any amount past due plus the greater of:
1. The sum of late, rush plastic, and annual fees and
interest billed during the Billing Cycle for which the
Minimum Payment is calculated plus 1% of the New
Balance shown on the billing statement; or
2. $25.00 (or the entire balance on the Account if the
New Balance is less than $25.00).

We require you to pay any amount over the limit of
your credit card account. However, that amount is not
included in your Minimum Payment Due.

The Minimum Payment is rounded-up to the next
highest whole dollar amount. Credits will not be used
to meet the Minimum Payment.

Payment Instructions. Follow these instructions
when making a payment:
1. You must pay in U.S. dollars.
2. Payment must be made with a personal check,
money order or cashier's check and must be issued
by a bank in the United States.

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3. Electronic payments are accepted.
4. Do not mail cash.

If you mail your payment, please mail to the payment
address provided on your bllling statement using the
envelope and payment coupon enclosed. Payments
received by 5:00 p.m. at the location your payment is
mailed to will be credited as of the date of receipt. If
received aﬁer 5:00 p.m. they will be credited on the
following day. Payments made through Wells Fargo
Online at weiisfargo.com will be credited based on the
cutoff time disclosed at the time of the transaction. If
you do not follow these instructions your payment may
not be credited for up to five days after we receive it.

Checks or other paper documents may be converted
to an electronic transaction through procedures
established by the National Automated Clearing House
Association. In this case, the original check or other
document that you send to us will not be retained, but
a copy would be available if requested.

Some of your available line of credit may be held, at
our discretion, until your payment is honored.

You cannot pay this account using a Wells Fargo Bank,
N.A. credit or loan account or any Wells Fargo afﬁliated
company credit or loan account. You cannot use any
SUPERCHECKS checks to make any payment on this
Account.

Generally, we will apply your Minimum Payment ﬁrst
to lower APR balances (such as Purchases) before
balances with higher APRs (such as Cash Advances).
Payments made in excess of the Minimum Payment will
be applied to balances with higher APRs ﬁrst before
balances with lower ones.

We post payments to the Billing Cycle within which
they are received. Any payment in excess of the
Minimum Payment due is applied based on the
balances reﬂected on your last billing statement.

Irregular Payments. If you intend to pay your
Account in full with an amount less than the
Outstanding Balance, payments must be sent to:
Wells Fargo Bank, N.A., PO Box 10311, Des Moines,
IA 50306-0311. Please note that if we accept such
payments we have every right to pursue full payment.
Other Important Information
(21) Default / Immediate Repayment of Balance
in Full. Your Account will be in default, and we may
require immediate payment of your total Account if:
- You fail to
pay a Minimum Payment by the Payment
Due Date;
- Any payment is returned;
- You don't honor the terms of this Agreement;
- You made an untrue statement on your

application; OR
o You ﬁle for bankruptcy.

If this is a joint Account, a default by one of you will be
a default by all of you.

We may prevent further transactions and we may close
your Account and other Wells Fargo Accounts. If your
account is in default you agree to pay our collection

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costs, attorney's fees, and court costs incurred in
enforcing our rights under this agreement.

(22) Re-Verification of Credit Information. We can
review any information you provided on your credit
application at any time. This may inciude:
o Requesting credit bureau reports;
~
Verifying your current credit standing;
I Verifying your employment, assets and income
records.

(23) California Residents. We may also obtain
information at any time from the California Department
of Motor Vehlcles. You agree to waive the address
conﬁdentiality requirements section of the California
Vehicle Code (Section 1808.21).

(24) Cancellation. We may close your Account at
any time and for any reason. You may also close the
Account at any time. If that happens, you must still
repay the balance owed according to the terms of this
Agreement. Joint Accounts may be canceled by either
Account Holder. If we close the account, notice may be
provided to only one Account Holder.

(25) Separation of Unlawful Provisions. If
any provision of this Agreement is found to be
unenforceable, all other provisions of the Agreement
will remain in effect.

(26) Enforcement Rights. We may waive or delay
enforcing any of our rights without losing them. A court
decree for divorce or separation or an outofcourt
mutual agreement does not affect any of our rights to
enforce this Agreement.

(27) Phone Monitoring. We may monitor and record
any of your phone calls with us.

(28) Information Reporting. We may report
information about you to consumer reporting agencies.
The information that we report to consumer reporting
agencies may include:
o Account history;
o Account performance;
o Account status;
o
Any violations of your account; and
o
Any violations of the terms of this Agreement.
The same information may be reported to the
consumer reporting agencies for any additional
card holders. You may dispute the accuracy of the
information that we report to consumer reporting
agencies by writing to us at Wells Fargo Bank, N.A.,
P.0. Box 14517, Des Moines, IA 50306-3517. Please
describe the information in detail that you believe is
inaccurate and provide any supporting documents
with your dispute. If your dispute relates to identity
theft, you will need to provide us with an identity theft
report.

(29) Assignment. We may assign your Account and
any or all rights and obligations under the Agreement
to a third party. You may not assign your Account or
any of your obligations under the Agreement.

(30) Governing Law. Federal law and the laws
of South Dakota govern this Agreement and your
account.

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Arbitration
(31) Dispute Resolution Program: Arbitration
Agreement.
a. Binding Arbitration. You and Wells Fargo Bank,
N.A. (the "Bank") agree that if a Dispute arises
between you and the Bank, upon demand by either
you or the Bank, the Dispute shall be resolved by
the following arbitration process. The foregoing
notwithstanding, the Bank shall not initiate an
arbitration to collect a consumer debt, but reserves
the right to arbitrate all other disputes with its
consumer customers. A "Dispute" is any unresolved
disagreement between you and the Bank. It includes
any disagreement relating in any way to the Card or
related services, Accounts, or matters; to your use
of any of the Bank's banking locations or facilities;
or to any means you may use to access the Bank.
It includes claims based on broken promises or
contracts, torts, or other wrongful actions. It also
includes statutory, common law, and equitable
claims. A Dispute also includes any disagreements
about the meaning or application of this Arbitration
Agreement. This Arbitration Agreement shall survive
the payment or closure of your Account. YOU
UNDERSTAND AND AGREE THAT YOU AND THE
BANK ARE WAIVING THE RIGHT To A JURY
TRIAL 0R TRIAL BEFORE A JUDGE IN A PUBLIC
COURT. As the sole exception to this Arbitration
Agreement, you and the Bank retain the right to
pursue in small claims court any Dispute that is
within that court's jurisdiction. If either you or the
Bank fails to submit to binding arbitration following
lawful demand, the party so failing bears all costs
and expenses incurred by the other in compelling
arbitration.
b. Arbitration Procedure; Severability. Either
you or the Bank may submit a Dispute to
binding arbitration at any time notwithstanding
that a lawsuit or other proceeding has been
previously commenced. NEITHER YOU NOR
THE BANK SHALL BE ENTITLED T0 JOIN OR
CONSOLIDATE DISPUTES BY OR AGAINST
OTHERS IN ANY ARBITRATION, 0R TO
INCLUDE IN ANY ARBITRATION ANY DISPUTE
AS A REPRESENTATIVE 0R MEMBER OF A
CLASS, 0R TO ACT IN ANY ARBITRATION IN
THE INTEREST OF THE GENERAL PUBLIC OR
IN A PRIVATE ATTORNEY GENERAL CAPACITY.
Each arbitration, including the selection of the
arbitrator(s), shall be administered by the American
Arbitration Association (AAA), or such other
administrator as you and the Bank may mutually
agree to (the AAA or such other mutually agreeable
administrator to be referred to hereinafter as
the "Arbitration Administrator"), according to the
Commercial Arbitration Rules and the Supplemental
Procedures for Consumer Related Disputes ("AAA
Rules"). To the extent that there is any variance
between the AAA Rules and this Arbitration
Agreement, this Arbitration Agreement shall control.
Arbitrator(s) must be members of the state bar
where the arbitration is held, with expertise in the
substantive laws applicable to the subject matter
of the Dispute. You and the Bank (the "Parties")
agree that in this relationship: (1) The Parties are
participating in transactions involving interstate
commerce; and (2) This Arbitration Agreement
and any resulting arbitration are governed by the

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provisions of the Federa! Arbitration Act (Title 9 of
the United States Code), and, to the extent any
provision of that Act is inappiicabie, unenforceable
or invalid, the laws of the state of South Dakota. If
any of the provisions of this Arbitration Agreement
dealing with class action, class arbitration, private
attorney general action, other representative action,
joinder, or consolidation is found to be illegal or
unenforceable, that invalid provision shall not be
severable and this entire Arbitration Agreement shall
be unenforceable.
c. Rights Preserved. This Arbitration Agreement
does not prohibit the Parties from exercising any
lawful rights or using other available remedies to
preserve, foreclose, or obtain possession of real
or personal property; exercise self-help remedies,
including setoff and repossession rights; or obtain
provisional or ancillary remedies such as injunctive
relief, attachment, garnishment, or the appointment
of a receiver by a court of competent jurisdiction.
Any statute of limitations applicable to any Dispute
applies to any arbitration between the Parties.
The provisions of this Arbitration Agreement shall
survive termination, amendment, or expiration of
the Card or any other relationship between you and
the Bank.
d. Fees and Expenses of Arbitration. Arbitration
fees will be determined by the rules or procedures
of the Arbitration Administrator, unless limited by
applicable law. Please check with the Arbitration
Administrator to determine the fees applicable to
any arbitration you may ﬁle. If the applicable law of
the state in which you opened your Account limits
the amount of fees and expenses to be paid by you,
then no allocation of fees and expenses to you shall
exceed this limitation. Bank will pay any costs that
are required to be paid by it under the Arbitration
Administrator's rules and procedures, and subject to
applicable law. If the arbitrator rules in your favor
on any claim presented, the Bank will reimburse
you for arbitration ﬁling fees you have paid up to
$700.00. Unless applicable law states otherwise,
each party will pay their own attorney, expert, and
witness fees. This rule applies no matter which party
wins arbitration.
e. Military Lending Act. The Arbitration Agreement
may not apply to you if you are a covered borrowen
Please see The Military Lending Act Notice in the
Agreement for more information.
Your Billing Rights
Keep This Notice For Future Use. This notice tells
you about your rights and our responsibilities under the
Fair Credit Billing Act.

(32) What To Do If You Find a Mistake on Your
Statement. If you think there i

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