Preview
27-CV-23-19548
Filed in District Court
State of Minnesota
12/29/2023 1:23 PM
218157
CASE TYPE: CONTRACT
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT
LVNV FUNDING, LLC
Court File No.
Plaintiff
vs.
GRANT YANKEY
Defendant(s).
AFFIDAVIT OF PLAINTIFF'S COUNSEL AS TO
DEFENDANT'S DEFAULT UNDER STIPULATION
STATE OF MINNESOTA )
SS.
COUNTY OF RAMSEY
The undersigned states as follows:
I. I am one of the attorneys for Plaintiff in the above-referenced matter.
2. On July 31, 2023, Plaintiff and Defendant(s) entered into a Stipulation. A true and
correct copy of the Stipulation is attached as Exhibit A.
3. The Defendant(s) failed to comply with the terms of the parties' Stipulation. The
Stipulation requires Defendant(s) make payments to Plaintiff of $20.00 on August 30, 2023, and
continuing on the same day of each month thereafter until the agreed amount was paid in full.
4. As of December 21, 2023, since the date of the Stipulation, Defendant(s) paid the
amount of $40.00, and the current default amount is $40.00. The last payment from Defendant(s) was
received on 09/05/2023. Attached hereto as Exhibit B is a true and correct copy of the Notice of Default
27-CV-23-19548
Filed in District Court
State of Minnesota
12/29/2023 1:23 PM
mailed to the Defendant on November 10, 2023.
5. After applying all credits and payments to this account, the amount still owing by
Defendant(s) to Plaintiff is $750.00 , plus costs and disbursements.
6. This affidavit is made for the purpose of supporting an Order of this Court awarding
judgment in favor of Plaintiff in the above stated amounts as permitted by the Stipulation.
I declare under penalty of perjury that everything I have stated in this document is true and
correct.
Dated: 12/21/2023
/s/ Alexander C. Gallwas
Brad Welp, #0344497
Alexander C Gallwas, #0403065
27-CV-23-19548
Filed in District Court
State of Minnesota
12/29/2023 1:23 PM
EXHIBIT A
STIPULATION OR CONFESSION OF JUDGMENT
27-CV-23-19548
Filed in District Court
State of Minnesota
12/29/2023 1:23 PM
218157 :
Case Type: Consumer Credit Contract
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT
Court File No.
LVNV FUNDING, LLC ~
Plaintiff
-
vs. STIPULATION 0F SETTLEMENT
AND CONFESSION OF JUDGMERT'T
GRANT YANKHY
Defendant
The parties stipulate and agree to compromise and settle the above-captioned matter and the
underlying Account without resorting to further litigation. For such settlement and compromise, the parties
agree to the follov'ving:
l. The undersigned Defendant hereby admits, acknowledges and confesses that there is actually
and justly due from Defendant to Plaintiff} LVNV FUNDING, LLC, on the credit account ending in 6264
("Account"), the principal balance of $790.00. Defendant agrees to pay minimum, monthly payments of
$20.00 August 30, 2023, and continuing on the same day of each month thereafter until the
commending
principal balance :is paid in full.
2. Paymeints shall be made payable to Plaintiff and mailed to Plaintiff's counsel,
Stewart, Zlimen
& Jungers, Ltd., do Box 131205, Roseville, MN 55113-0011. Checks or money orders must be mailed to
Plaintist at this address so as to be received by the due date each month.
Alternatively, Defendant
counsel
may elect to authdrize a recurring electronic funds transfer to be drafted on or withinithree business days of
the due date each month.
27-CV-23-19548
Filed in District Court
l
State of Minnesota
12/29/2023 1:23 PM
I
l
l
!
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3. The phrties hereby stipulate to extend indefinitely the filing deadline under Rule 5.04 of the
i
Minnesota Rules? of Civil Procedure, so that this action will not be filed with the court unless there is a
default on the terlfns of this Stipulation.
4. The pgarties further stipulate and agree that if Defendant defaults on any payment for a period of
10 days, Plaintiff may file the Stipulation of Settlement and Confession of Judgment with the district court
and request ofjudgment by default for $790.00, plus court costs, less payments made under this
entrgq'
Stipulation of Se: 'lement and Confession of Judgment.
5. This tipulation is limited to the Credit Account ending in 6264. Nothing in this agreement
applies, relates of is in settlement of any other account, credit line, or debt owed to LVNV FUNDING,
LLC, its subsidiaries, other divisions, or the assignment of said debts to third parties.
affiliates,
6. This ltipulation may be executed in any number of separate counterparts, each of which shall
be deemed an original but all of which taken together constitute one and the same instrument. Furthermore,
I .
a signed counterpart sent via fax, email or other electronic means shall be deemed an original.
27-CV-23-19548
Filed in District Court
l
State of Minnesota
12/29/2023 1:23 PM
l
l RECEIVED A "G 0
3 2m
7. Upon completion of the terms of this Stipulatiori, Plaintiff agrees to dismiss this matter with
prejudice. been settled in full.
hat§ing
By siigningbelow, each party agrees t0'be bound by the terms of this Stipulation:
STEWA LIMEN & JUNGERS, LTD.
Dated:
7/13/7/3 l
'
i
.
By: fig; éfiém
Attorneys for Plainnfir
l
VERIFICATION
l
GRAI$T YANKEY hereby states that he/slie is the Defendant above named; that he/shc has read
and understands the foregoing Stipulation and Confession of Judgment; and that it is true and correct to the
best of his/her
lmowledge.
l
State Minnesota
of
County[ of
l
I declarie under enalty of perjury that everything I have stated in this document is true and correct.
/
Dated
This is communication from a debt collector in an attempt to collect a debt. Any information
obtained will be used for that purpose.
aq-e
3'30
27-CV-23-19548
Filed in District Court
State of Minnesota
12/29/2023 1:23 PM
EXHIBIT B
NOTICE OF DEFAULT LETTER
27-CV-23-19548
Filed in District Court
STEWART, ZLIMEN & JUNGERS, LTD. State of Minnesota
12/29/2023 1:23 PM
ATTORNEYS AT LAW
BRADLEY J. HALBERSTAm BEN MILLER
BRAD D. WELP 0mm Manager
ALEXANDER c. GALLWAs 2860 PATTON ROAD
ROSEVILLE, MN 55113 ARIANNA PEACE
Toll Free Number: 866-708-2041 HISTEN MAY
Facsimile: 651-3666381 Legfl'dmmm
wvvw.szjlaw.com email: consumers@szjlaw.com
6S l -3 66-63 80
November 10, 2023 218157
ADDRESS SERVICE REQUESTED
GRANT YANKEY
828 SPRING ST NE
APT 1304
MINNEAPOLIS, MN 55413-2345
Current Balance: $750.00 principal
Our CIient: LVNV F UNDlNG. LLC
Previous Creditor Acct #2 XXXXXXXXXXXX6264
Previous Creditor: CREDIT ONE BANK, N.A.I
Client Account # (s):
Our File #2
-629
218157
Dear GRANT YANKEY:
Your payment is now delinquent. Please forward your payment now. A payment envelope is enclosed for
your convenience.
This is a communication from a debt collector attempting to collect a debt. Any information obtained will
be used for that purpose.
Sincerely.
STEWART, ZLIMEN & JUNGERS, LTD.
Kristen May
Legal Assistant
Encl: Payment envelope
Please include your file number 218157 on all payments and letters.
Preview
27-CV-23-19548 Filed in District Court State of Minnesota 12/29/2023 1:23 PM 218157 CASE TYPE: CONTRACT STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT LVNV FUNDING, LLC Court File No. Plaintiff vs. GRANT YANKEY Defendant(s). AFFIDAVIT OF PLAINTIFF'S COUNSEL AS TO DEFENDANT'S DEFAULT UNDER STIPULATION STATE OF MINNESOTA ) SS. COUNTY OF RAMSEY The undersigned states as follows: I. I am one of the attorneys for Plaintiff in the above-referenced matter. 2. On July 31, 2023, Plaintiff and Defendant(s) entered into a Stipulation. A true and correct copy of the Stipulation is attached as Exhibit A. 3. The Defendant(s) failed to comply with the terms of the parties' Stipulation. The Stipulation requires Defendant(s) make payments to Plaintiff of $20.00 on August 30, 2023, and continuing on the same day of each month thereafter until the agreed amount was paid in full. 4. As of December 21, 2023, since the date of the Stipulation, Defendant(s) paid the amount of $40.00, and the current default amount is $40.00. The last payment from Defendant(s) was received on 09/05/2023. Attached hereto as Exhibit B is a true and correct copy of the Notice of Default 27-CV-23-19548 Filed in District Court State of Minnesota 12/29/2023 1:23 PM mailed to the Defendant on November 10, 2023. 5. After applying all credits and payments to this account, the amount still owing by Defendant(s) to Plaintiff is $750.00 , plus costs and disbursements. 6. This affidavit is made for the purpose of supporting an Order of this Court awarding judgment in favor of Plaintiff in the above stated amounts as permitted by the Stipulation. I declare under penalty of perjury that everything I have stated in this document is true and correct. Dated: 12/21/2023 /s/ Alexander C. Gallwas Brad Welp, #0344497 Alexander C Gallwas, #0403065 27-CV-23-19548 Filed in District Court State of Minnesota 12/29/2023 1:23 PM EXHIBIT A STIPULATION OR CONFESSION OF JUDGMENT 27-CV-23-19548 Filed in District Court State of Minnesota 12/29/2023 1:23 PM 218157 : Case Type: Consumer Credit Contract STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT Court File No. LVNV FUNDING, LLC ~ Plaintiff - vs. STIPULATION 0F SETTLEMENT AND CONFESSION OF JUDGMERT'T GRANT YANKHY Defendant The parties stipulate and agree to compromise and settle the above-captioned matter and the underlying Account without resorting to further litigation. For such settlement and compromise, the parties agree to the follov'ving: l. The undersigned Defendant hereby admits, acknowledges and confesses that there is actually and justly due from Defendant to Plaintiff} LVNV FUNDING, LLC, on the credit account ending in 6264 ("Account"), the principal balance of $790.00. Defendant agrees to pay minimum, monthly payments of $20.00 August 30, 2023, and continuing on the same day of each month thereafter until the commending principal balance :is paid in full. 2. Paymeints shall be made payable to Plaintiff and mailed to Plaintiff's counsel, Stewart, Zlimen & Jungers, Ltd., do Box 131205, Roseville, MN 55113-0011. Checks or money orders must be mailed to Plaintist at this address so as to be received by the due date each month. Alternatively, Defendant counsel may elect to authdrize a recurring electronic funds transfer to be drafted on or withinithree business days of the due date each month. 27-CV-23-19548 Filed in District Court l State of Minnesota 12/29/2023 1:23 PM I l l ! l 3. The phrties hereby stipulate to extend indefinitely the filing deadline under Rule 5.04 of the i Minnesota Rules? of Civil Procedure, so that this action will not be filed with the court unless there is a default on the terlfns of this Stipulation. 4. The pgarties further stipulate and agree that if Defendant defaults on any payment for a period of 10 days, Plaintiff may file the Stipulation of Settlement and Confession of Judgment with the district court and request ofjudgment by default for $790.00, plus court costs, less payments made under this entrgq' Stipulation of Se: 'lement and Confession of Judgment. 5. This tipulation is limited to the Credit Account ending in 6264. Nothing in this agreement applies, relates of is in settlement of any other account, credit line, or debt owed to LVNV FUNDING, LLC, its subsidiaries, other divisions, or the assignment of said debts to third parties. affiliates, 6. This ltipulation may be executed in any number of separate counterparts, each of which shall be deemed an original but all of which taken together constitute one and the same instrument. Furthermore, I . a signed counterpart sent via fax, email or other electronic means shall be deemed an original. 27-CV-23-19548 Filed in District Court l State of Minnesota 12/29/2023 1:23 PM l l RECEIVED A "G 0 3 2m 7. Upon completion of the terms of this Stipulatiori, Plaintiff agrees to dismiss this matter with prejudice. been settled in full. hat§ing By siigningbelow, each party agrees t0'be bound by the terms of this Stipulation: STEWA LIMEN & JUNGERS, LTD. Dated: 7/13/7/3 l ' i . By: fig; éfiém Attorneys for Plainnfir l VERIFICATION l GRAI$T YANKEY hereby states that he/slie is the Defendant above named; that he/shc has read and understands the foregoing Stipulation and Confession of Judgment; and that it is true and correct to the best of his/her lmowledge. l State Minnesota of County[ of l I declarie under enalty of perjury that everything I have stated in this document is true and correct. / Dated This is communication from a debt collector in an attempt to collect a debt. Any information obtained will be used for that purpose. aq-e 3'30 27-CV-23-19548 Filed in District Court State of Minnesota 12/29/2023 1:23 PM EXHIBIT B NOTICE OF DEFAULT LETTER 27-CV-23-19548 Filed in District Court STEWART, ZLIMEN & JUNGERS, LTD. State of Minnesota 12/29/2023 1:23 PM ATTORNEYS AT LAW BRADLEY J. HALBERSTAm BEN MILLER BRAD D. WELP 0mm Manager ALEXANDER c. GALLWAs 2860 PATTON ROAD ROSEVILLE, MN 55113 ARIANNA PEACE Toll Free Number: 866-708-2041 HISTEN MAY Facsimile: 651-3666381 Legfl'dmmm wvvw.szjlaw.com email: consumers@szjlaw.com 6S l -3 66-63 80 November 10, 2023 218157 ADDRESS SERVICE REQUESTED GRANT YANKEY 828 SPRING ST NE APT 1304 MINNEAPOLIS, MN 55413-2345 Current Balance: $750.00 principal Our CIient: LVNV F UNDlNG. LLC Previous Creditor Acct #2 XXXXXXXXXXXX6264 Previous Creditor: CREDIT ONE BANK, N.A.I Client Account # (s): Our File #2 -629 218157 Dear GRANT YANKEY: Your payment is now delinquent. Please forward your payment now. A payment envelope is enclosed for your convenience. This is a communication from a debt collector attempting to collect a debt. Any information obtained will be used for that purpose. Sincerely. STEWART, ZLIMEN & JUNGERS, LTD. Kristen May Legal Assistant Encl: Payment envelope Please include your file number 218157 on all payments and letters.