Preview
PLD-C-001
ATTORNEY OR PARTY WITHOUT ATTORNEY STATE BAR NUMBER: 118226 FOR COURT USE ONLY
NAME: Harlan M. Reese, Esq.
FIRM NAME: REESE LAW GROUP (CA Debt Collection Lic. No.: 10303-99)
STREET ADDRESS: 3168 Lionshead Avenue 573010
CITY, STATE, ZIP CODE: Carlsbad, CA 92010
TELEPHONE NO.: 760/842-5850 FAX NO.: 760/842-5865
E-MAIL ADDRESS (Optional): CourtDocs@reeselawgroup.com
ATTORNEY FOR (Name): WELLS FARGO BANK, N.A.
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN MATEO
STREET ADDRESS: 400 County Center
MAILING ADDRESS:400 County Center
CITY AND ZIP CODE: Redwood City, CA 94063-1655
BRANCH NAME: HALL OF JUSTICE AND RECORDS
PLAINTIFF: WELLS FARGO BANK, N.A.
DEFENDANT: LEMAN P PATTON ,
DOES 1 TO
CONTRACT
X COMPLAINT AMENDED COMPLAINT (Number):
CROSS-COMPLAINT AMENDED CROSS-COMPLAINT (Number):
Jurisdiction (check all that apply):
X ACTION IS A LIMITED CIVIL CASE (does not exceed $35,000) CASE NUMBER:
Amount demanded does not exceed $10,000
X exceeds $10,000
ACTION IS AN UNLIMITED CIVIL CASE (exceeds $35,000)
ACTION IS RECLASSIFIED by this amended complaint or cross-complaint
from limited to unlimited
from unlimited to limited
1. Plaintiff* (name or names):
WELLS FARGO BANK, N.A.
alleges causes of action against defendant* (name or names):
LEMAN P PATTON ,
2. This pleading, including attachments and exhibits, consists of the following number of pages:
3. a. Each plaintiff named above is a competent adult
X Except plaintiff (name): Same as paragraph “1” above.
(1) a corporation qualified to do business in California.
(2) an unincorporated entity (describe):
(3) X other (specify): Plaintiff is a National Banking Association organized under the National Banking Act, Title 12 of
The United States Code.
b. Plaintiff (name):
(1) has complied with the fictitious business name laws and is doing business under the fictitious name (specify):
(2) has complied with all licensing requirements as a licensed (specify):
c. Information about additional plaintiffs who are not competent adults is shown in Attachment 3c.
4. a. Each defendant named above is a natural person
except defendant except defendant (name):
(name): a business organization, form unknown.
(1) (1) a business organization, form unknown.
(2) a corporation. (2) a corporation.
(3) an unincorporated entity (describe): (3) an unincorporated entity (describe):
(4) a public entity (describe): (4) a public entity (describe):
(5) other (specify): (5) other (specify):
* If this form is used as a cross-complaint, plaintiff means cross-complainant and defendant means cross-defendant. Page 1 of 2
Form Approved for Optional Use COMPLAINT—Contract Code of Civil Procedure, § 425.12
Judicial Council of California
PLD-C-001 [Rev. January 1, 2024]
PLD-C-001
SHORT TITLE: CASE NUMBER:
WELLS FARGO BANK, N.A. v.
LEMAN P PATTON ,
4. b. The true names of defendants sued as Does are unknown to plaintiff.
(1) Doe defendants (specify Doe numbers): were the agents or employees of the named
defendants and acted within the scope of that agency or employment.
(2) Doe defendants (specify Doe numbers): are persons whose capacities are unknown to
plaintiff.
c. Information about additional defendants who are not natural persons is contained in Attachment 4c.
d. Defendants who are joined under Code of Civil Procedure section 382 are (names):
5. Plaintiff is required to comply with a claims statute, and
a. has complied with applicable claims statutes, or
b. is excused from complying because (specify):
6. X This action is subject to X Civil Code section 1812.10 Civil Code section 2984.4.
7. This court is the proper court because
a. a defendant entered into the contract here.
b. a defendant lived here when the contract was entered into.
c. X a defendant lives here now.
d. the contract was to be performed here.
e. a defendant is a corporation or unincorporated association and its principal place of business is here.
f. real property that is the subject of this action is located here.
g. other (specify):
8. The following causes of action are attached and the statements above apply to each (each complaint must have one or
more causes of action attached):
X Breach of Contract
X Common Counts
Other (specify):
9. Other allegations:
10. Plaintiff prays for judgment for costs of suit; for such relief as is fair, just, and equitable; and for
a. X damages of: $27,153.06
b. interest on the damages
(1) according to proof
(2) at the rate of (specify): percent per year from (date):
c. X attorney's fees
(1) of: $
(2) X according to proof
d. X Other (specify):
Plus costs of suit. Minus any payments made that have not yet been credited.
11. The paragraphs of this pleading alleged on information and belief are as follows (specify paragraph numbers):
Date: January 31, 2024
Harlan M. Reese, Esq.
(TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY)
(If you wish to verify this pleading, affix a verification.)
PLD-C-001 [Rev. January 1, 2024] COMPLAINT—Contract Page 2 of 2
PLD-C-001(1)
SHORT TITLE: CASE NUMBER:
WELLS FARGO BANK, N.A. v.
LEMAN P PATTON ,
FIRST CAUSE OF ACTION—Breach of Contract
(number)
ATTACHMENT TO X Complaint Cross - Complaint
(Use a separate cause of action form for each cause of action.)
BC-1. Plaintiff (name): As stated in paragraph/section “1” above.
alleges that on or about (date): February 28, 2008
a X written oral other (specify):
agreement was made between (name parties to agreement):
Defendant and Plaintiff or Plaintiff’s assignor set forth in “Exhibit 1” attached hereto.
X A copy of the agreement is attached as Exhibit 1, or
The essential terms of the agreement are stated in Attachment BC-1 are as follows (specify):
BC-2. On or about (dates): Various dates after the contract was executed.
defendant breached the agreement by the acts specified in Attachment BC-2 X the following acts
(specify):
Failing to pay as agreed.
BC-3. Plaintiff has performed all obligations to defendant except those obligations plaintiff was prevented or
excused from performing.
BC-4. Plaintiff suffered damages legally (proximately) caused by defendant's breach of the agreement
as stated in Attachment BC-4 X as follows (specify): Damage in the amount of $27,153.06
BC-5. X Plaintiff is entitled to attorney fees by an agreement or a statute
of $
X according to proof.
BC-6. X Other:
Plus costs of suit. Minus any payments made that have not yet been credited.
Page
Page 1 of 1
Form Approved for Optional Use Code of Civil Procedure, § 425.12
Judicial Council of California
CAUSE OF ACTION—Breach of Contract www.courtinfo.ca.gov
PLD-C-001(1) [Rev. January 1, 2007]
PLD-C-001(2)
SHORT TITLE: CASE NUMBER:
WELLS FARGO BANK, N.A. v.
LEMAN P PATTON ,
SECOND CAUSE OF ACTION—Common Counts
(number)
ATTACHMENT TO X Complaint Cross - Complaint
(Use a separate cause of action form for each cause of action.)
CC-1. Plaintiff (name): As stated in paragraph/section “1” above.
alleges that defendant (name):
became indebted to X plaintiff other (name):
a. X within the last four years
(1) X on an open book account for money due.
(2) X because an account was stated in writing by and between plaintiff and defendant in which it
was agreed that defendant was indebted to plaintiff.
b. X within the last two years X four years
(1) X for money had and received by defendant for the use and benefit of plaintiff.
(2) for work, labor, services and materials rendered at the special instance and request of defendant
and for which defendant promised to pay plaintiff.
the sum of $
the reasonable value.
(3) X for goods, wares, and merchandise sold and delivered to defendant and for which defendant
promised to pay plaintiff
X the sum of $27,153.06
the reasonable value.
(4) X for money lent by plaintiff to defendant at defendant's request.
(5) X for money paid, laid out, and expended to or for defendant at defendant's special instance and
request.
(6) other (specify):
CC-2. $27,153.06 , which is the reasonable value, is due and unpaid despite plaintiff's demand,
plus prejudgment interest according to proof at the rate of percent per year
from (date):
CC-3. Plaintiff is entitled to attorney fees by an agreement or a statute
of $
according to proof.
CC-4. X Other:
Plus costs of suit. Minus any payments made that have not yet been credited.
Page
Page 1 of 1
Form Approved for Optional Use Code of Civil Procedure, § 425.12
Judicial Council of California
CAUSE OF ACTION—Common Counts www.courtinfo.ca.gov
PLD-C-001(2) [Rev. January 1, 2009]
VERIFICATION
I, Harlan M. Reese, Esq., declare:
1. I am an attorney at law admitted to practice before all courts of the State of
California, and have my office in San Diego County, California; and am the attorney
for Plaintiff in the above-entitled action.
2. Plaintiff is unable to make this Verification because officers of Plaintiff are absent
from the county in which I have my office, and for that reason, affiant makes this
verification on Plaintiff's behalf.
3. I have read the foregoing Complaint. The allegations pertaining to venue and the
nature of the action are true. All other allegations are true based on information
and belief.
I declare under penalty of perjury under the laws of the State of California that the foregoing
is true and correct and that this Verification was executed on January 31, 2024 ,
at Carlsbad, California.
Harlan M. Reese, Esq.
EXHIBIT 1
EXHIBIT 1
Consumer Credit Card Customer Agreement & Disclosure
Statement Visa®
Thank you for opening a Wells Fargo Visa® Account.
Table of Contents
In this contract, "the Bank," "Wells Fargo," "we," "our," and "us" refer to Wells Fargo
Bank, N.A. "You" and "your" mean each person who applied for and received a Wells
Fargo Credit Card. "Credit Card" means any cards we issue to you or any devices we
allow you to use for accessing your Account to obtain credit.
Part 1: Using Your Account
1. What is this contract?
2. How can you use this Account?
3. Can we limit your Account use?
4. What is your Credit Limit?
5. What happens if you use more than your available Credit Limit?
6. Can you add an authorized Credit Card user to your Account?
7. Can you end an authorized user's ability to use your Account?
8. Will you always receive a billing statement?
9. What can cause your Account to be in default?
10. What should you do if your Credit Card is lost or stolen, or Account is
compromised?
11. Who can close your Account?
Part 2: Making Transactions and Other Account Activity
1. How can you get Cash Advances?
2. How can you use SUPERCHECKS™ on your Account?
3. Can you use your Credit Card in a mobile app?
4. Can you use your Credit Card to pay any other Wells Fargo credit account?
5. Can we deny transactions on your Credit Card?
6. How do we manage temporary authorizations?
7. What happens if you misuse your Account in order to earn or use Rewards?
8. How does an international transaction in foreign currency convert to U.S.
dollars?
Part 3: Understanding Fees and Interest
1. What are the Account’s fees?
2. When do we charge interest to your Account?
3. Does your Account have a Minimum Interest Charge?
4. What interest charges will you owe us?
5. What is your daily periodic rate?
6. How do we calculate interest on your Account?
7. How can you avoid paying interest on your Account?
8. When do we apply specific transactions, fees, and credits to your Account?
Part 4: Making and Processing Payments
1. How much do you need to pay by the Payment Due Date?
2. How can you make a payment?
3. Can you use a personal loan to pay your Account?
4. What methods do we not accept for payments?
5. When do we process payments?
6. How do we apply your payments?
7. When do we post payments to your Account?
Part 5: Managing Contact Details and Your Information
1. How may we contact you?
2. Can we verify your credit information more than once?
3. What additional information can we gather for California residents?
4. Can we monitor phone calls you have with us?
5. What information can we report about you to consumer reporting agencies?
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6. What should you do if your contact information changes?
7. When should you inform a merchant about changes to your Credit Card
information?
Part 6: Knowing the Account's Legal Terms
1. Can we change this Agreement?
2. What happens if any part of this Agreement is unenforceable?
3. Can our Agreement rights change?
4. What is this Agreement’s governing law?
5. Who can assign your Agreement to others?
6. Dispute Resolution Program: Arbitration Agreement
7. Your Billing Rights
8. Active Duty Military Servicemembers and Their Dependents
9. Interpreter Certification
Notice to California Cardholders
To our California customers who have discussed Credit Card terms and conditions
with us in Spanish, Chinese, Korean, Vietnamese, or Tagalog:
Read Part 6 – Section 9 about interpreter certification before you confirm your
credit card.
Lea la Parte 6, Sección 9, sobre la certificación del intérprete antes de confirmar su
tarjeta de crédito.
請您在確認信用卡之前細讀第 6 部分第 9 節的「口譯員認
證」。
귀하의 신용카드를 확인하시기 전에 통역사 인증에 관한 6장 9절을
읽으시기 바랍니다.
Hãy đọc Phần 6 – Phần 9 về xác nhận về thông dịch viên
trước khi quý khách xác nhận thẻ tín dụng của mình.
Basahin ang Bahagi 6 – Seksyon 9 tungkol sa sertipikasyon ng tagapagsaling-wika
bago mo kumpirmahin ang iyong credit card.
Part 1: Using Your Account
1. What is this contract?
This contract is for your Credit Card account (Account) and is between Wells Fargo
Bank, N.A. and each Account holder.
The contract includes the following information:
• Credit Card Agreement (Agreement)
• Important Terms of Your Credit Card Account
• Future amendments to this contract
By using or confirming your Account, you and any joint Account holder accept
this Agreement's terms. Please carefully read this Agreement and keep it for your
records.
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2. How can you use this Account?
You agree to use your Account only for lawful personal, family, or household
purposes that include:
Transaction Type Details
Balance Transfers When you transfer a credit balance from another
financial institution’s credit card to your Account,
including using a check that accesses your Account.
Your Account may not be eligible for Balance
Transfers.
Cash Advances When you use your Credit Card to get cash. These
transactions include:
• Credit Card use at:
• ATM
• Bank teller
• Wells Fargo Online (Wellsfargo.com) or
through the Wells Fargo mobile app
• Cash-like transactions, such as:
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• Casino chips
• Foreign currency
• Lottery tickets
• Money orders
• Off-track wagers
• Other wagers
• Traveler checks
• Wire transfers
• Vouchers you can redeem for cash or similar
items
• Overdraft protection advances
Purchases "Purchases" means when you use your Credit Card
to buy or lease goods or services. Tax payments and
associated fees are Purchases. Cash Advances and
Balance Transfers are not Purchases.
Other Any other transactions that we allow.
We are not responsible for anyone who refuses to accept your Credit Card or any
other Credit Access Device. Credit Access Device means a device other than your
Credit Card that we allow you to use for accessing your Account to obtain credit, like
SUPERCHECKS™ and mobile devices.
Knowing Your Responsibility 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. You also promise
to pay all interest, fees, and other amounts that you may owe us.
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3. Can we limit your Account use?
Yes. We may limit or close your Account. If we do so, the terms of this Agreement
will apply until you pay your Account in full.
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4. What is your Credit Limit?
"Credit Limit" means the amount of credit that is available for you to use with your
Account. We provide this amount to you with your Credit Card, and it shows on each
of your billing statements. You promise to use your Account only to the limits.
We can adjust your Credit Limit at any time, including automatically increasing your
Credit Limit if you qualify. Further, we may restrict the amount of your Credit Limit
that you can use for Cash Advances.
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5. What happens if you use more than your available Credit
Limit?
We may either allow the transaction without increasing your Credit Limit or deny the
transaction. If we allow the transaction, we may require you to pay the over-limit
amount along with your next statement’s Minimum Payment. You will still be liable
(responsible) for all credit you receive.
"Minimum Payment" means the minimum amount you must pay by the Payment
Due Date. You can find this date on each billing statement for your Account.
"Payment Due Date" means the date when the Minimum Payment is due.
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6. Can you add an authorized Credit Card user to your Account?
Yes. To add an authorized user, contact us with the name of the person for whom you
want us to issue a Credit Card. You can contact us any time at the number listed on
the back of your Credit Card. We will then issue you a new Credit Card in their name.
You are responsible for paying all charges that the authorized user makes and that
you owe us, including any Purchases, Balance Transfers, or Cash Advances. This
amount includes all related interest and fees.
Providing Personal Information about Authorized Users
You agree to give us certain personal information about each authorized user. They
must give you permission to give us this information. The details you provide us may
include:
• Name • Individual Taxpayer Identification
• Address Number
• Social security number • Date of birth
• Citizenship details
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Managing Credit Card Responsibilities with Authorized Users
You are not required to have an authorized user on this Account. By adding one, this
person is not liable for any Outstanding Balance or any other charges that you or any
other authorized user makes. "Outstanding Balance" means the total of all unpaid
amounts, including:
• Purchases • Interest
• Cash Advances • Fees
• Balance Transfers • Any other amounts that you may owe
us
Should all liable cardholders die, all authorized users’ privileges automatically end.
After that, any person who uses the Credit Card agrees to pay us all amounts they
owe us. We can choose to pursue the person to pay any Outstanding Balance or other
charges they allow.
You agree to inform each authorized user that all applicable sections of this
Agreement also apply to them.
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7. Can you end an authorized user’s ability to use your Account?
Yes. You can stop an authorized user from being able to use your Account. To do so,
take these steps:
1. Recover that person’s Credit Card.
2. Destroy the Credit Card.
3. Contact us with your request to remove them at the number on the back of your
Credit Card or by mail at:
Wells Fargo Bank, N.A.
P.O. Box 10347
Des Moines, IA 50306-0347
Please note: If you do not recover and destroy their Credit Card, and the authorized
user continues to use the Account, we have the right to cancel all Credit Cards and
establish a new Account for you. However, until you contact us requesting to remove
the authorized user, you continue to be liable for any charges the authorized user
makes.
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8. Will you always receive a billing statement?
We will send you a billing statement when your Account has a balance.
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9. What can cause your Account to be in default?
Your Account is in default if any of the following happen:
• You do not make a Minimum Payment by the Payment Due Date.
• Your payment returns to Wells Fargo unpaid.
• You do not honor this Agreement’s terms.
• Your application includes a false statement.
• You file for bankruptcy.
In any of these scenarios, we will require you to immediately pay your Account total.
We also may:
• Not allow future transactions on your Account
• Close your Account
• Close your other Wells Fargo accounts
Paying Our Costs When Your Account Is in Default
You agree to pay collection costs, attorney’s fees, and court costs that we have as a
result of enforcing our rights under this Agreement.
Managing Defaults with Joint Accounts
We consider a default by one Account holder to be a default by all of them.
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10. What should you do if your Credit Card is lost or stolen, or
Account is compromised?
Notify us immediately if:
• Your Credit Card or Account information is lost or stolen, or
• You believe someone is using it without your permission.
Contact us at:
Contact Method Details
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By Phone 1-800-642-4720
By Mail Wells Fargo Bank, N.A
P.O. Box 10347
Des Moines, IA 50306-0347
Investigations and Liability for Unauthorized Use and Zero Liability Protection
You agree to assist us in our investigation of your claim. If we find that you are not
responsible, then we will not hold you liable for your Account’s unauthorized use.
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11. Who can close your Account?
Entity Details
You You may close your Account at any time.
Wells Fargo Bank, N.A. We may close your Account for any reason at any
time.
Joint Accounts Any Account holder can cancel the Account. If we
close the joint Account, then we may notify only
one Account holder.
When your Account closes, you must still pay the balance that you owe us according
to this Agreement’s terms.
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Part 2: Making Transactions and Other Account Activity
1. How can you get Cash Advances?
• Cash Advances from ATMs
You may have limits on how much and how frequently you can use your Credit
Card for Cash Advances from ATMs. If you have a Cash Advance limit, it will be
on your monthly statement. The ATM owner may also restrict how you can use
it. Your Cash Advance amount will include any fees that the ATM owner charges
you.
• Cash Advances for Overdraft Protection
You may choose to use your Credit Card to provide an automatic Cash Advance
to cover an overdraft on a linked Wells Fargo checking account. To cover this
overdraft, we will advance either your overdraft amount or $25.00, whichever is
greater. If your Credit Card’s available credit is less than these amounts, then we
will advance the amount of your available credit.
• Fees and Annual Percentage Rate (APR): "APR" is a rate that we use to
calculate interest on your Account’s balance and shows as a percentage.
You can find overdraft protection APR and fees in Important Terms of Your
Credit Card Account, which is a summary of your Account’s APRs, fees, and
other important information.
Please note: Overdraft protection advances, interest, and fees may cause
your Account balance to exceed your Credit Limit.
• More than one person on checking account: If the checking account you
link for overdraft protection lists more than one person (such as a joint
checking account), then the following applies:
• You are responsible for all overdraft protection advances. This
responsibility is regardless of which person writes the check or does
any other transaction that causes the overdraft, such as a debit card
purchase.
• You agree that we can disclose to any other person on your checking
account that this Credit Card links to it for overdraft protection.
We can cancel, suspend, or change your overdraft protection service at any time and
for any reason.
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2. How can you use SUPERCHECKS™ on your Account?
You can access your Account with SUPERCHECKS similar to how you write a check
on a
deposit account. SUPERCHECKS will post as a Balance Transfer. They will include
transaction fees and interest.
The following restrictions apply to SUPERCHECKS:
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• Payment on Other Wells Fargo Accounts: You cannot use SUPERCHECKS to
pay on any Wells Fargo account.
• Allowed User: Only the person whose name is printed on the check can use
them.
• Allowed Currency: You can only write them in U.S. dollars.
• Certified: SUPERCHECKS cannot be certified.
• Payment Disputes: If you use SUPERCHECKS to pay a merchant for property
or services and a dispute arises, you cannot file a claim against us as a result.
We can put conditions on using SUPERCHECKS checks. We can also choose whether
to reject, decline, and return unpaid any SUPERCHECKS checks or advances.
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3. Can you use your Credit Card in a mobile app?
Yes. We may allow you to load your Credit Card into an app on an electronic
device, such as a mobile wallet. You can then use this app to make Purchases
and transactions without presenting your Credit Card. Examples of electronic
devices include smart phones, tablets, and other devices. Separate terms governing
your use of your Credit Card through a mobile device and this Agreement cover
those transactions. When you use your Credit Card with your mobile device for
transactions, third parties (such as merchants and digital wallet operators) may
use and receive information related to your mobile device and the Credit Card
transactions.
• Third-Party Fees
Third parties may charge you fees for your transaction, such as mobile-carrier
data or messaging charges.
• Restrictions
At any time, we may partially or fully restrict your ability to make credit
transactions through a third party/mobile device.
• Account Removal
You agree to promptly notify us by calling the number on the back of your Credit
Card if you remove or want to remove your Account information from any app
on an electronic device.
Please note: We have no control over those devices and cannot guarantee how well
they work. You also should protect the device’s security the same as you would
protect your Credit Card or other valuable information.
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4. Can you use your Credit Card to pay any other Wells Fargo
credit account?
No. You cannot use your Credit Card to pay any other Wells Fargo credit account.
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5. Can we deny transactions on your Credit Card?
Yes. We may decline any transaction at any time for any reason, such as:
• Account default • Suspected fraudulent or unlawful
• Internet gambling activity
• Any indication of a transaction’s
increased risk
We may also limit the number of authorizations we allow during a period of time. In
addition, we can deny authorizations from merchants who may be engaging in the
internet gambling business.
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6. How do we manage temporary authorizations?
We may allow temporary authorizations that are greater than your actual Purchase
amount for transactions at some merchants, such as:
• Car rental companies • Hotels
• Gas stations • Restaurants
This temporary authorization may make less credit available on your Account for
several days. This step usually happens until the date when the merchant provides
the actual Purchase amount.
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7. What happens if you misuse your Account in order to earn or
use Rewards?
If you abuse, misuse, or game your Account in order to earn or use Rewards, or try
to do so, then we may close or restrict your Credit Card. This misuse means that
you make multiple Purchases and payments during a Billing Cycle, which causes
your total Purchases amount to substantially exceed your Credit Limit. Each billing
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statement shows a statement closing date, which is your Billing Cycle’s last day.
"Billing Cycle" means the time period between billing statements.
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8. How does an international transaction in foreign currency
convert to U.S. dollars?
When you use your Visa Credit Card to make a transaction in a currency other than
U.S. dollars, Visa International (Visa) converts the charge into a U.S. dollar amount.
Visa uses one of the following steps to determine the exchange rate between the
transaction currency and the billing currency:
• Select a rate from the range available in wholesale currency markets for the
applicable central processing date. This rate may vary from the rate Visa
receives. Or,
• Use the government-mandated rate in effect for the applicable central
processing date.
The processing date’s currency conversion rate may differ from the rate in effect on
the transaction date or the date when the transaction posts to your Account.
Using Merchant Conversions
Some merchants outside of the U.S. can give you an option for how to convert the
Credit Card transaction into U.S. dollars. They can have you choose whether you want
Visa or the merchant to make the conversion. If you choose for the merchant to do
it, then they determine the conversion rate, not Visa. We then do not charge you a
foreign currency conversion fee.
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Part 3: Understanding Fees and Interest
1. What are the Account’s fees?
The following fees may apply to your Account, and you agree to pay them. If they
do apply, you will find the amount in the document, Important Terms of Your Credit
Card Account.
Fee Type When We Charge This Fee
Annual Fee We will add this fee to your monthly billing
statement once a year, whether or not you use this
Account. We add this fee to your Purchase balance,
which may create interest charges. We will notify
you before we charge the annual fee. To avoid future
annual fees, you must close your Account before we
charge you the annual fee. You may be eligible for
a refund of the annual fee depending on when you
close your Account.
Balance Transfer Fee On a Balance Transfer transaction
Cash Advance Fee On a Cash Advance from your Account
Foreign Currency Conversion Fee If you make a transaction in a foreign currency and
Visa converts it into a U.S. dollar amount
Late Fee Each time we do not receive the required Minimum
Payment by the Payment Due Date
Rush Plastic Fee If you ask us to rush delivering your Credit Card to
you
We may charge additional fees if you and we agree to them. We add all fees to your
Purchases balance, except Cash Advance fees. We add those fees to your Account’s
Cash Advance balance.
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2. When do we charge interest to your Account?
• For most transactions: We charge interest beginning on the date you make the
transaction on your Account.
• For fees: We charge interest beginning on the Billing Cycle’s first day after the
previous Billing Cycle in which the fee posted to your Account.
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3. Does your Account have a Minimum Interest Charge?
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Your Account may have a Minimum Interest Charge. "Minimum Interest Charge"
means the lowest amount of interest we charge you if you owe any interest in a
Billing Cycle.
For details of this charge, please see the document, Important Terms of Your Credit
Card Account.
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4. What interest charges will you owe us?
The following details describe the interest you may owe each Billing Cycle. You can
find details on the APRs that apply to different balances in the document, Important
Terms of Your Credit Card Account.
• Introductory and Promotional Rates
Introductory Rates
Your Account may be eligible for introductory rates. The document, Important
Terms of Your Credit Card Account, describes whether you qualify.
Promotional Rates
If we offer you a promotional rate after you open your Credit Card, then you will
receive the terms at that time.
When any introductory and promotional rates expire, your remaining balances
receive the applicable regular APR terms. You can find these details in the document,
Important Terms of Your Credit Card Account.
• Standard Variable APR
A variable APR is an interest rate that varies with the market based on the U.S.
Prime Rate. To calculate your variable APR for each Billing Cycle, we use the U.S.
Prime Rate and add a margin. See the document Important Terms of Your Credit
Card Account for the margin on Purchases, Balance Transfers, Cash Advances, and
overdraft protection advances on your Account. You can also find details in that
document about your Account’s daily periodic rates.
How We Determine the U.S. Prime Rate
Each Billing Cycle, we use the U.S. Prime Rate that the Wall Street Journal publishes
in its Money Rates section three business days before your billing statement’s
closing date. When more than one U.S Prime Rates exist, we use an average. If the
U.S. Prime Rate is not published or available (temporarily or permanently), we use
a substitute index that we believe is similar to the U.S. Prime Rate. We do so at our
sole discretion.
A change in the APR may increase or decrease the total amount of interest you pay
and your Minimum Payment. If the U.S. Prime Rate changes and affects your APR,
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 you or we close your Account.
• Fixed APRs
"Fixed APRs" means APRs that do not change with the market based on the U.S.
Prime Rate. However, if one or more Fixed APRs apply to your Account, we may
change the Fixed APR from time to time. We do so by following the terms that we
describe in "Part 6 – Section 1: Can we change this Agreement?" of this document.
You can find the APRs that apply to your Account in the document, Important Terms
of Your Credit Card Account.
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5. What is your daily periodic rate?
The daily periodic rate is a daily interest rate. We calculate it by dividing each
applicable APR by 365.
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6. How do we calculate interest on your Account?
We take the following steps to calculate your Account’s interest:
• Step 1: Calculate the daily balance.
We calculate your daily balance separately for each transaction category. We take
the following actions:
1. Start with the daily balance from the end of the previous day.
2. Add any new transactions and other charges, including interest that accrued on
the previous day’s balance (interest compounds daily).
3. We then subtract any payments or credits.
For example:
Calculation Amount
Daily balance for Purchases from the previous day $1,000
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Calculation Amount
Add New Purchases + $500
Add Fees and interest accrued on the previous day's + $50
transaction category balance
Subtract payments, credits, and adjustments that – $250
posted that day
= New daily balance for Purchases = $1300
• Step 2: Calculate the Average Daily Balance (ADB).
We add together all the daily balances for the Billing Cycle, starting with the
beginning balance on the Billing Cycle’s first day. This beginning balance includes any
unpaid fees from the previous Billing Cycle and any late fees that we charged you
during the current Billing Cycle. We treat any daily balance that has a credit as zero.
We then divide this amount by the number of days in the Billing Cycle.
For example:
Calculation Amount
Sum of daily balances $4,000
Divide by number of days in the Billing Cycle ÷ 30
= ADB = $133.33
• Step 3: Calculate the interest.
We calculate the interest we will charge for each balance type by doing the following:
1. Multiply the daily periodic rate by the ADB.
2. Multiply the total from the previous bullet by the number of days in the Billing
Cycle.
For example:
Calculation Amount
Daily periodic rate 0.05%
Multiply by the ADB x 133.33
Multiply by number of days in Billing Cycle x 30
= Charged interest = $2.00
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7. How can you avoid paying interest on your Account?
You can avoid paying interest on new Purchases by paying your entire New Balance by
the Payment Due Date on each Billing Cycle’s statement. However, you must always
pay interest on Cash Advances and Balance Transfers.
"New Balance" means the total amount you owe by the statement’s closing date.
Your Payment Due Date is at least 25 days from the statement’s closing date. You
can find this detail on your billing statement.
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8. When do we apply specific transactions, fees, and credits to
your Account?
Transactions
• Purchases and Balance Transfers: We add these amounts to the Purchase
balance on the transaction date that your statement shows.
• Cash Advance: We add this amount to the Cash Advance balance on the
transaction date that your statement shows.
• Overdraft Protection Advance: We add this amount to the Cash Advance
balance on the transaction date that your statement shows.
Fees
• Balance Transfer Fee: We add this fee to your Purchase balance on the
transaction date that your statement shows.
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• Cash Advance Fee: We add this fee to your Cash Advance balance on the
transaction date that your statement shows.
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Part 4: Making and Processing Payments
1. How much do you need to pay by the Payment Due Date?
Amount You Can Pay at Any Time
You can pay all or part of your Account balance at any time.
Amount You Must Pay By the Payment Due Date
You must pay your Minimum Payment by the Payment Due Date. You can find this
amount and the date on your billing statement.
Your Minimum Payment includes any amount past due plus whichever of the
following amounts are greater:
• 1% of the New Balance on your billing statement plus the total we bill you during
the Billing
Cycle for interest and any of these fees:
• Annual • Late • Rush plastic
Preview
PLD-C-001 ATTORNEY OR PARTY WITHOUT ATTORNEY STATE BAR NUMBER: 118226 FOR COURT USE ONLY NAME: Harlan M. Reese, Esq. FIRM NAME: REESE LAW GROUP (CA Debt Collection Lic. No.: 10303-99) STREET ADDRESS: 3168 Lionshead Avenue 573010 CITY, STATE, ZIP CODE: Carlsbad, CA 92010 TELEPHONE NO.: 760/842-5850 FAX NO.: 760/842-5865 E-MAIL ADDRESS (Optional): CourtDocs@reeselawgroup.com ATTORNEY FOR (Name): WELLS FARGO BANK, N.A. SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN MATEO STREET ADDRESS: 400 County Center MAILING ADDRESS:400 County Center CITY AND ZIP CODE: Redwood City, CA 94063-1655 BRANCH NAME: HALL OF JUSTICE AND RECORDS PLAINTIFF: WELLS FARGO BANK, N.A. DEFENDANT: LEMAN P PATTON , DOES 1 TO CONTRACT X COMPLAINT AMENDED COMPLAINT (Number): CROSS-COMPLAINT AMENDED CROSS-COMPLAINT (Number): Jurisdiction (check all that apply): X ACTION IS A LIMITED CIVIL CASE (does not exceed $35,000) CASE NUMBER: Amount demanded does not exceed $10,000 X exceeds $10,000 ACTION IS AN UNLIMITED CIVIL CASE (exceeds $35,000) ACTION IS RECLASSIFIED by this amended complaint or cross-complaint from limited to unlimited from unlimited to limited 1. Plaintiff* (name or names): WELLS FARGO BANK, N.A. alleges causes of action against defendant* (name or names): LEMAN P PATTON , 2. This pleading, including attachments and exhibits, consists of the following number of pages: 3. a. Each plaintiff named above is a competent adult X Except plaintiff (name): Same as paragraph “1” above. (1) a corporation qualified to do business in California. (2) an unincorporated entity (describe): (3) X other (specify): Plaintiff is a National Banking Association organized under the National Banking Act, Title 12 of The United States Code. b. Plaintiff (name): (1) has complied with the fictitious business name laws and is doing business under the fictitious name (specify): (2) has complied with all licensing requirements as a licensed (specify): c. Information about additional plaintiffs who are not competent adults is shown in Attachment 3c. 4. a. Each defendant named above is a natural person except defendant except defendant (name): (name): a business organization, form unknown. (1) (1) a business organization, form unknown. (2) a corporation. (2) a corporation. (3) an unincorporated entity (describe): (3) an unincorporated entity (describe): (4) a public entity (describe): (4) a public entity (describe): (5) other (specify): (5) other (specify): * If this form is used as a cross-complaint, plaintiff means cross-complainant and defendant means cross-defendant. Page 1 of 2 Form Approved for Optional Use COMPLAINT—Contract Code of Civil Procedure, § 425.12 Judicial Council of California PLD-C-001 [Rev. January 1, 2024] PLD-C-001 SHORT TITLE: CASE NUMBER: WELLS FARGO BANK, N.A. v. LEMAN P PATTON , 4. b. The true names of defendants sued as Does are unknown to plaintiff. (1) Doe defendants (specify Doe numbers): were the agents or employees of the named defendants and acted within the scope of that agency or employment. (2) Doe defendants (specify Doe numbers): are persons whose capacities are unknown to plaintiff. c. Information about additional defendants who are not natural persons is contained in Attachment 4c. d. Defendants who are joined under Code of Civil Procedure section 382 are (names): 5. Plaintiff is required to comply with a claims statute, and a. has complied with applicable claims statutes, or b. is excused from complying because (specify): 6. X This action is subject to X Civil Code section 1812.10 Civil Code section 2984.4. 7. This court is the proper court because a. a defendant entered into the contract here. b. a defendant lived here when the contract was entered into. c. X a defendant lives here now. d. the contract was to be performed here. e. a defendant is a corporation or unincorporated association and its principal place of business is here. f. real property that is the subject of this action is located here. g. other (specify): 8. The following causes of action are attached and the statements above apply to each (each complaint must have one or more causes of action attached): X Breach of Contract X Common Counts Other (specify): 9. Other allegations: 10. Plaintiff prays for judgment for costs of suit; for such relief as is fair, just, and equitable; and for a. X damages of: $27,153.06 b. interest on the damages (1) according to proof (2) at the rate of (specify): percent per year from (date): c. X attorney's fees (1) of: $ (2) X according to proof d. X Other (specify): Plus costs of suit. Minus any payments made that have not yet been credited. 11. The paragraphs of this pleading alleged on information and belief are as follows (specify paragraph numbers): Date: January 31, 2024 Harlan M. Reese, Esq. (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY) (If you wish to verify this pleading, affix a verification.) PLD-C-001 [Rev. January 1, 2024] COMPLAINT—Contract Page 2 of 2 PLD-C-001(1) SHORT TITLE: CASE NUMBER: WELLS FARGO BANK, N.A. v. LEMAN P PATTON , FIRST CAUSE OF ACTION—Breach of Contract (number) ATTACHMENT TO X Complaint Cross - Complaint (Use a separate cause of action form for each cause of action.) BC-1. Plaintiff (name): As stated in paragraph/section “1” above. alleges that on or about (date): February 28, 2008 a X written oral other (specify): agreement was made between (name parties to agreement): Defendant and Plaintiff or Plaintiff’s assignor set forth in “Exhibit 1” attached hereto. X A copy of the agreement is attached as Exhibit 1, or The essential terms of the agreement are stated in Attachment BC-1 are as follows (specify): BC-2. On or about (dates): Various dates after the contract was executed. defendant breached the agreement by the acts specified in Attachment BC-2 X the following acts (specify): Failing to pay as agreed. BC-3. Plaintiff has performed all obligations to defendant except those obligations plaintiff was prevented or excused from performing. BC-4. Plaintiff suffered damages legally (proximately) caused by defendant's breach of the agreement as stated in Attachment BC-4 X as follows (specify): Damage in the amount of $27,153.06 BC-5. X Plaintiff is entitled to attorney fees by an agreement or a statute of $ X according to proof. BC-6. X Other: Plus costs of suit. Minus any payments made that have not yet been credited. Page Page 1 of 1 Form Approved for Optional Use Code of Civil Procedure, § 425.12 Judicial Council of California CAUSE OF ACTION—Breach of Contract www.courtinfo.ca.gov PLD-C-001(1) [Rev. January 1, 2007] PLD-C-001(2) SHORT TITLE: CASE NUMBER: WELLS FARGO BANK, N.A. v. LEMAN P PATTON , SECOND CAUSE OF ACTION—Common Counts (number) ATTACHMENT TO X Complaint Cross - Complaint (Use a separate cause of action form for each cause of action.) CC-1. Plaintiff (name): As stated in paragraph/section “1” above. alleges that defendant (name): became indebted to X plaintiff other (name): a. X within the last four years (1) X on an open book account for money due. (2) X because an account was stated in writing by and between plaintiff and defendant in which it was agreed that defendant was indebted to plaintiff. b. X within the last two years X four years (1) X for money had and received by defendant for the use and benefit of plaintiff. (2) for work, labor, services and materials rendered at the special instance and request of defendant and for which defendant promised to pay plaintiff. the sum of $ the reasonable value. (3) X for goods, wares, and merchandise sold and delivered to defendant and for which defendant promised to pay plaintiff X the sum of $27,153.06 the reasonable value. (4) X for money lent by plaintiff to defendant at defendant's request. (5) X for money paid, laid out, and expended to or for defendant at defendant's special instance and request. (6) other (specify): CC-2. $27,153.06 , which is the reasonable value, is due and unpaid despite plaintiff's demand, plus prejudgment interest according to proof at the rate of percent per year from (date): CC-3. Plaintiff is entitled to attorney fees by an agreement or a statute of $ according to proof. CC-4. X Other: Plus costs of suit. Minus any payments made that have not yet been credited. Page Page 1 of 1 Form Approved for Optional Use Code of Civil Procedure, § 425.12 Judicial Council of California CAUSE OF ACTION—Common Counts www.courtinfo.ca.gov PLD-C-001(2) [Rev. January 1, 2009] VERIFICATION I, Harlan M. Reese, Esq., declare: 1. I am an attorney at law admitted to practice before all courts of the State of California, and have my office in San Diego County, California; and am the attorney for Plaintiff in the above-entitled action. 2. Plaintiff is unable to make this Verification because officers of Plaintiff are absent from the county in which I have my office, and for that reason, affiant makes this verification on Plaintiff's behalf. 3. I have read the foregoing Complaint. The allegations pertaining to venue and the nature of the action are true. All other allegations are true based on information and belief. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this Verification was executed on January 31, 2024 , at Carlsbad, California. Harlan M. Reese, Esq. EXHIBIT 1 EXHIBIT 1 Consumer Credit Card Customer Agreement & Disclosure Statement Visa® Thank you for opening a Wells Fargo Visa® Account. Table of Contents In this contract, "the Bank," "Wells Fargo," "we," "our," and "us" refer to Wells Fargo Bank, N.A. "You" and "your" mean each person who applied for and received a Wells Fargo Credit Card. "Credit Card" means any cards we issue to you or any devices we allow you to use for accessing your Account to obtain credit. Part 1: Using Your Account 1. What is this contract? 2. How can you use this Account? 3. Can we limit your Account use? 4. What is your Credit Limit? 5. What happens if you use more than your available Credit Limit? 6. Can you add an authorized Credit Card user to your Account? 7. Can you end an authorized user's ability to use your Account? 8. Will you always receive a billing statement? 9. What can cause your Account to be in default? 10. What should you do if your Credit Card is lost or stolen, or Account is compromised? 11. Who can close your Account? Part 2: Making Transactions and Other Account Activity 1. How can you get Cash Advances? 2. How can you use SUPERCHECKS™ on your Account? 3. Can you use your Credit Card in a mobile app? 4. Can you use your Credit Card to pay any other Wells Fargo credit account? 5. Can we deny transactions on your Credit Card? 6. How do we manage temporary authorizations? 7. What happens if you misuse your Account in order to earn or use Rewards? 8. How does an international transaction in foreign currency convert to U.S. dollars? Part 3: Understanding Fees and Interest 1. What are the Account’s fees? 2. When do we charge interest to your Account? 3. Does your Account have a Minimum Interest Charge? 4. What interest charges will you owe us? 5. What is your daily periodic rate? 6. How do we calculate interest on your Account? 7. How can you avoid paying interest on your Account? 8. When do we apply specific transactions, fees, and credits to your Account? Part 4: Making and Processing Payments 1. How much do you need to pay by the Payment Due Date? 2. How can you make a payment? 3. Can you use a personal loan to pay your Account? 4. What methods do we not accept for payments? 5. When do we process payments? 6. How do we apply your payments? 7. When do we post payments to your Account? Part 5: Managing Contact Details and Your Information 1. How may we contact you? 2. Can we verify your credit information more than once? 3. What additional information can we gather for California residents? 4. Can we monitor phone calls you have with us? 5. What information can we report about you to consumer reporting agencies? Page 1 6. What should you do if your contact information changes? 7. When should you inform a merchant about changes to your Credit Card information? Part 6: Knowing the Account's Legal Terms 1. Can we change this Agreement? 2. What happens if any part of this Agreement is unenforceable? 3. Can our Agreement rights change? 4. What is this Agreement’s governing law? 5. Who can assign your Agreement to others? 6. Dispute Resolution Program: Arbitration Agreement 7. Your Billing Rights 8. Active Duty Military Servicemembers and Their Dependents 9. Interpreter Certification Notice to California Cardholders To our California customers who have discussed Credit Card terms and conditions with us in Spanish, Chinese, Korean, Vietnamese, or Tagalog: Read Part 6 – Section 9 about interpreter certification before you confirm your credit card. Lea la Parte 6, Sección 9, sobre la certificación del intérprete antes de confirmar su tarjeta de crédito. 請您在確認信用卡之前細讀第 6 部分第 9 節的「口譯員認 證」。 귀하의 신용카드를 확인하시기 전에 통역사 인증에 관한 6장 9절을 읽으시기 바랍니다. Hãy đọc Phần 6 – Phần 9 về xác nhận về thông dịch viên trước khi quý khách xác nhận thẻ tín dụng của mình. Basahin ang Bahagi 6 – Seksyon 9 tungkol sa sertipikasyon ng tagapagsaling-wika bago mo kumpirmahin ang iyong credit card. Part 1: Using Your Account 1. What is this contract? This contract is for your Credit Card account (Account) and is between Wells Fargo Bank, N.A. and each Account holder. The contract includes the following information: • Credit Card Agreement (Agreement) • Important Terms of Your Credit Card Account • Future amendments to this contract By using or confirming your Account, you and any joint Account holder accept this Agreement's terms. Please carefully read this Agreement and keep it for your records. back to the top 2. How can you use this Account? You agree to use your Account only for lawful personal, family, or household purposes that include: Transaction Type Details Balance Transfers When you transfer a credit balance from another financial institution’s credit card to your Account, including using a check that accesses your Account. Your Account may not be eligible for Balance Transfers. Cash Advances When you use your Credit Card to get cash. These transactions include: • Credit Card use at: • ATM • Bank teller • Wells Fargo Online (Wellsfargo.com) or through the Wells Fargo mobile app • Cash-like transactions, such as: Page 2 • Casino chips • Foreign currency • Lottery tickets • Money orders • Off-track wagers • Other wagers • Traveler checks • Wire transfers • Vouchers you can redeem for cash or similar items • Overdraft protection advances Purchases "Purchases" means when you use your Credit Card to buy or lease goods or services. Tax payments and associated fees are Purchases. Cash Advances and Balance Transfers are not Purchases. Other Any other transactions that we allow. We are not responsible for anyone who refuses to accept your Credit Card or any other Credit Access Device. Credit Access Device means a device other than your Credit Card that we allow you to use for accessing your Account to obtain credit, like SUPERCHECKS™ and mobile devices. Knowing Your Responsibility 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. You also promise to pay all interest, fees, and other amounts that you may owe us. back to the top 3. Can we limit your Account use? Yes. We may limit or close your Account. If we do so, the terms of this Agreement will apply until you pay your Account in full. back to the top 4. What is your Credit Limit? "Credit Limit" means the amount of credit that is available for you to use with your Account. We provide this amount to you with your Credit Card, and it shows on each of your billing statements. You promise to use your Account only to the limits. We can adjust your Credit Limit at any time, including automatically increasing your Credit Limit if you qualify. Further, we may restrict the amount of your Credit Limit that you can use for Cash Advances. back to the top 5. What happens if you use more than your available Credit Limit? We may either allow the transaction without increasing your Credit Limit or deny the transaction. If we allow the transaction, we may require you to pay the over-limit amount along with your next statement’s Minimum Payment. You will still be liable (responsible) for all credit you receive. "Minimum Payment" means the minimum amount you must pay by the Payment Due Date. You can find this date on each billing statement for your Account. "Payment Due Date" means the date when the Minimum Payment is due. back to the top 6. Can you add an authorized Credit Card user to your Account? Yes. To add an authorized user, contact us with the name of the person for whom you want us to issue a Credit Card. You can contact us any time at the number listed on the back of your Credit Card. We will then issue you a new Credit Card in their name. You are responsible for paying all charges that the authorized user makes and that you owe us, including any Purchases, Balance Transfers, or Cash Advances. This amount includes all related interest and fees. Providing Personal Information about Authorized Users You agree to give us certain personal information about each authorized user. They must give you permission to give us this information. The details you provide us may include: • Name • Individual Taxpayer Identification • Address Number • Social security number • Date of birth • Citizenship details Page 3 Managing Credit Card Responsibilities with Authorized Users You are not required to have an authorized user on this Account. By adding one, this person is not liable for any Outstanding Balance or any other charges that you or any other authorized user makes. "Outstanding Balance" means the total of all unpaid amounts, including: • Purchases • Interest • Cash Advances • Fees • Balance Transfers • Any other amounts that you may owe us Should all liable cardholders die, all authorized users’ privileges automatically end. After that, any person who uses the Credit Card agrees to pay us all amounts they owe us. We can choose to pursue the person to pay any Outstanding Balance or other charges they allow. You agree to inform each authorized user that all applicable sections of this Agreement also apply to them. back to the top 7. Can you end an authorized user’s ability to use your Account? Yes. You can stop an authorized user from being able to use your Account. To do so, take these steps: 1. Recover that person’s Credit Card. 2. Destroy the Credit Card. 3. Contact us with your request to remove them at the number on the back of your Credit Card or by mail at: Wells Fargo Bank, N.A. P.O. Box 10347 Des Moines, IA 50306-0347 Please note: If you do not recover and destroy their Credit Card, and the authorized user continues to use the Account, we have the right to cancel all Credit Cards and establish a new Account for you. However, until you contact us requesting to remove the authorized user, you continue to be liable for any charges the authorized user makes. back to the top 8. Will you always receive a billing statement? We will send you a billing statement when your Account has a balance. back to the top 9. What can cause your Account to be in default? Your Account is in default if any of the following happen: • You do not make a Minimum Payment by the Payment Due Date. • Your payment returns to Wells Fargo unpaid. • You do not honor this Agreement’s terms. • Your application includes a false statement. • You file for bankruptcy. In any of these scenarios, we will require you to immediately pay your Account total. We also may: • Not allow future transactions on your Account • Close your Account • Close your other Wells Fargo accounts Paying Our Costs When Your Account Is in Default You agree to pay collection costs, attorney’s fees, and court costs that we have as a result of enforcing our rights under this Agreement. Managing Defaults with Joint Accounts We consider a default by one Account holder to be a default by all of them. back to the top 10. What should you do if your Credit Card is lost or stolen, or Account is compromised? Notify us immediately if: • Your Credit Card or Account information is lost or stolen, or • You believe someone is using it without your permission. Contact us at: Contact Method Details Page 4 By Phone 1-800-642-4720 By Mail Wells Fargo Bank, N.A P.O. Box 10347 Des Moines, IA 50306-0347 Investigations and Liability for Unauthorized Use and Zero Liability Protection You agree to assist us in our investigation of your claim. If we find that you are not responsible, then we will not hold you liable for your Account’s unauthorized use. back to the top 11. Who can close your Account? Entity Details You You may close your Account at any time. Wells Fargo Bank, N.A. We may close your Account for any reason at any time. Joint Accounts Any Account holder can cancel the Account. If we close the joint Account, then we may notify only one Account holder. When your Account closes, you must still pay the balance that you owe us according to this Agreement’s terms. back to the top Part 2: Making Transactions and Other Account Activity 1. How can you get Cash Advances? • Cash Advances from ATMs You may have limits on how much and how frequently you can use your Credit Card for Cash Advances from ATMs. If you have a Cash Advance limit, it will be on your monthly statement. The ATM owner may also restrict how you can use it. Your Cash Advance amount will include any fees that the ATM owner charges you. • Cash Advances for Overdraft Protection You may choose to use your Credit Card to provide an automatic Cash Advance to cover an overdraft on a linked Wells Fargo checking account. To cover this overdraft, we will advance either your overdraft amount or $25.00, whichever is greater. If your Credit Card’s available credit is less than these amounts, then we will advance the amount of your available credit. • Fees and Annual Percentage Rate (APR): "APR" is a rate that we use to calculate interest on your Account’s balance and shows as a percentage. You can find overdraft protection APR and fees in Important Terms of Your Credit Card Account, which is a summary of your Account’s APRs, fees, and other important information. Please note: Overdraft protection advances, interest, and fees may cause your Account balance to exceed your Credit Limit. • More than one person on checking account: If the checking account you link for overdraft protection lists more than one person (such as a joint checking account), then the following applies: • You are responsible for all overdraft protection advances. This responsibility is regardless of which person writes the check or does any other transaction that causes the overdraft, such as a debit card purchase. • You agree that we can disclose to any other person on your checking account that this Credit Card links to it for overdraft protection. We can cancel, suspend, or change your overdraft protection service at any time and for any reason. back to the top 2. How can you use SUPERCHECKS™ on your Account? You can access your Account with SUPERCHECKS similar to how you write a check on a deposit account. SUPERCHECKS will post as a Balance Transfer. They will include transaction fees and interest. The following restrictions apply to SUPERCHECKS: Page 5 • Payment on Other Wells Fargo Accounts: You cannot use SUPERCHECKS to pay on any Wells Fargo account. • Allowed User: Only the person whose name is printed on the check can use them. • Allowed Currency: You can only write them in U.S. dollars. • Certified: SUPERCHECKS cannot be certified. • Payment Disputes: If you use SUPERCHECKS to pay a merchant for property or services and a dispute arises, you cannot file a claim against us as a result. We can put conditions on using SUPERCHECKS checks. We can also choose whether to reject, decline, and return unpaid any SUPERCHECKS checks or advances. back to the top 3. Can you use your Credit Card in a mobile app? Yes. We may allow you to load your Credit Card into an app on an electronic device, such as a mobile wallet. You can then use this app to make Purchases and transactions without presenting your Credit Card. Examples of electronic devices include smart phones, tablets, and other devices. Separate terms governing your use of your Credit Card through a mobile device and this Agreement cover those transactions. When you use your Credit Card with your mobile device for transactions, third parties (such as merchants and digital wallet operators) may use and receive information related to your mobile device and the Credit Card transactions. • Third-Party Fees Third parties may charge you fees for your transaction, such as mobile-carrier data or messaging charges. • Restrictions At any time, we may partially or fully restrict your ability to make credit transactions through a third party/mobile device. • Account Removal You agree to promptly notify us by calling the number on the back of your Credit Card if you remove or want to remove your Account information from any app on an electronic device. Please note: We have no control over those devices and cannot guarantee how well they work. You also should protect the device’s security the same as you would protect your Credit Card or other valuable information. back to the top 4. Can you use your Credit Card to pay any other Wells Fargo credit account? No. You cannot use your Credit Card to pay any other Wells Fargo credit account. back to the top 5. Can we deny transactions on your Credit Card? Yes. We may decline any transaction at any time for any reason, such as: • Account default • Suspected fraudulent or unlawful • Internet gambling activity • Any indication of a transaction’s increased risk We may also limit the number of authorizations we allow during a period of time. In addition, we can deny authorizations from merchants who may be engaging in the internet gambling business. back to the top 6. How do we manage temporary authorizations? We may allow temporary authorizations that are greater than your actual Purchase amount for transactions at some merchants, such as: • Car rental companies • Hotels • Gas stations • Restaurants This temporary authorization may make less credit available on your Account for several days. This step usually happens until the date when the merchant provides the actual Purchase amount. back to the top 7. What happens if you misuse your Account in order to earn or use Rewards? If you abuse, misuse, or game your Account in order to earn or use Rewards, or try to do so, then we may close or restrict your Credit Card. This misuse means that you make multiple Purchases and payments during a Billing Cycle, which causes your total Purchases amount to substantially exceed your Credit Limit. Each billing Page 6 statement shows a statement closing date, which is your Billing Cycle’s last day. "Billing Cycle" means the time period between billing statements. back to the top 8. How does an international transaction in foreign currency convert to U.S. dollars? When you use your Visa Credit Card to make a transaction in a currency other than U.S. dollars, Visa International (Visa) converts the charge into a U.S. dollar amount. Visa uses one of the following steps to determine the exchange rate between the transaction currency and the billing currency: • Select a rate from the range available in wholesale currency markets for the applicable central processing date. This rate may vary from the rate Visa receives. Or, • Use the government-mandated rate in effect for the applicable central processing date. The processing date’s currency conversion rate may differ from the rate in effect on the transaction date or the date when the transaction posts to your Account. Using Merchant Conversions Some merchants outside of the U.S. can give you an option for how to convert the Credit Card transaction into U.S. dollars. They can have you choose whether you want Visa or the merchant to make the conversion. If you choose for the merchant to do it, then they determine the conversion rate, not Visa. We then do not charge you a foreign currency conversion fee. back to the top Part 3: Understanding Fees and Interest 1. What are the Account’s fees? The following fees may apply to your Account, and you agree to pay them. If they do apply, you will find the amount in the document, Important Terms of Your Credit Card Account. Fee Type When We Charge This Fee Annual Fee We will add this fee to your monthly billing statement once a year, whether or not you use this Account. We add this fee to your Purchase balance, which may create interest charges. We will notify you before we charge the annual fee. To avoid future annual fees, you must close your Account before we charge you the annual fee. You may be eligible for a refund of the annual fee depending on when you close your Account. Balance Transfer Fee On a Balance Transfer transaction Cash Advance Fee On a Cash Advance from your Account Foreign Currency Conversion Fee If you make a transaction in a foreign currency and Visa converts it into a U.S. dollar amount Late Fee Each time we do not receive the required Minimum Payment by the Payment Due Date Rush Plastic Fee If you ask us to rush delivering your Credit Card to you We may charge additional fees if you and we agree to them. We add all fees to your Purchases balance, except Cash Advance fees. We add those fees to your Account’s Cash Advance balance. back to the top 2. When do we charge interest to your Account? • For most transactions: We charge interest beginning on the date you make the transaction on your Account. • For fees: We charge interest beginning on the Billing Cycle’s first day after the previous Billing Cycle in which the fee posted to your Account. back to the top 3. Does your Account have a Minimum Interest Charge? Page 7 Your Account may have a Minimum Interest Charge. "Minimum Interest Charge" means the lowest amount of interest we charge you if you owe any interest in a Billing Cycle. For details of this charge, please see the document, Important Terms of Your Credit Card Account. back to the top 4. What interest charges will you owe us? The following details describe the interest you may owe each Billing Cycle. You can find details on the APRs that apply to different balances in the document, Important Terms of Your Credit Card Account. • Introductory and Promotional Rates Introductory Rates Your Account may be eligible for introductory rates. The document, Important Terms of Your Credit Card Account, describes whether you qualify. Promotional Rates If we offer you a promotional rate after you open your Credit Card, then you will receive the terms at that time. When any introductory and promotional rates expire, your remaining balances receive the applicable regular APR terms. You can find these details in the document, Important Terms of Your Credit Card Account. • Standard Variable APR A variable APR is an interest rate that varies with the market based on the U.S. Prime Rate. To calculate your variable APR for each Billing Cycle, we use the U.S. Prime Rate and add a margin. See the document Important Terms of Your Credit Card Account for the margin on Purchases, Balance Transfers, Cash Advances, and overdraft protection advances on your Account. You can also find details in that document about your Account’s daily periodic rates. How We Determine the U.S. Prime Rate Each Billing Cycle, we use the U.S. Prime Rate that the Wall Street Journal publishes in its Money Rates section three business days before your billing statement’s closing date. When more than one U.S Prime Rates exist, we use an average. If the U.S. Prime Rate is not published or available (temporarily or permanently), we use a substitute index that we believe is similar to the U.S. Prime Rate. We do so at our sole discretion. A change in the APR may increase or decrease the total amount of interest you pay and your Minimum Payment. If the U.S. Prime Rate changes and affects your APR, 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 you or we close your Account. • Fixed APRs "Fixed APRs" means APRs that do not change with the market based on the U.S. Prime Rate. However, if one or more Fixed APRs apply to your Account, we may change the Fixed APR from time to time. We do so by following the terms that we describe in "Part 6 – Section 1: Can we change this Agreement?" of this document. You can find the APRs that apply to your Account in the document, Important Terms of Your Credit Card Account. back to the top 5. What is your daily periodic rate? The daily periodic rate is a daily interest rate. We calculate it by dividing each applicable APR by 365. back to the top 6. How do we calculate interest on your Account? We take the following steps to calculate your Account’s interest: • Step 1: Calculate the daily balance. We calculate your daily balance separately for each transaction category. We take the following actions: 1. Start with the daily balance from the end of the previous day. 2. Add any new transactions and other charges, including interest that accrued on the previous day’s balance (interest compounds daily). 3. We then subtract any payments or credits. For example: Calculation Amount Daily balance for Purchases from the previous day $1,000 Page 8 Calculation Amount Add New Purchases + $500 Add Fees and interest accrued on the previous day's + $50 transaction category balance Subtract payments, credits, and adjustments that – $250 posted that day = New daily balance for Purchases = $1300 • Step 2: Calculate the Average Daily Balance (ADB). We add together all the daily balances for the Billing Cycle, starting with the beginning balance on the Billing Cycle’s first day. This beginning balance includes any unpaid fees from the previous Billing Cycle and any late fees that we charged you during the current Billing Cycle. We treat any daily balance that has a credit as zero. We then divide this amount by the number of days in the Billing Cycle. For example: Calculation Amount Sum of daily balances $4,000 Divide by number of days in the Billing Cycle ÷ 30 = ADB = $133.33 • Step 3: Calculate the interest. We calculate the interest we will charge for each balance type by doing the following: 1. Multiply the daily periodic rate by the ADB. 2. Multiply the total from the previous bullet by the number of days in the Billing Cycle. For example: Calculation Amount Daily periodic rate 0.05% Multiply by the ADB x 133.33 Multiply by number of days in Billing Cycle x 30 = Charged interest = $2.00 back to the top 7. How can you avoid paying interest on your Account? You can avoid paying interest on new Purchases by paying your entire New Balance by the Payment Due Date on each Billing Cycle’s statement. However, you must always pay interest on Cash Advances and Balance Transfers. "New Balance" means the total amount you owe by the statement’s closing date. Your Payment Due Date is at least 25 days from the statement’s closing date. You can find this detail on your billing statement. back to the top 8. When do we apply specific transactions, fees, and credits to your Account? Transactions • Purchases and Balance Transfers: We add these amounts to the Purchase balance on the transaction date that your statement shows. • Cash Advance: We add this amount to the Cash Advance balance on the transaction date that your statement shows. • Overdraft Protection Advance: We add this amount to the Cash Advance balance on the transaction date that your statement shows. Fees • Balance Transfer Fee: We add this fee to your Purchase balance on the transaction date that your statement shows. Page 9 • Cash Advance Fee: We add this fee to your Cash Advance balance on the transaction date that your statement shows. back to the top Part 4: Making and Processing Payments 1. How much do you need to pay by the Payment Due Date? Amount You Can Pay at Any Time You can pay all or part of your Account balance at any time. Amount You Must Pay By the Payment Due Date You must pay your Minimum Payment by the Payment Due Date. You can find this amount and the date on your billing statement. Your Minimum Payment includes any amount past due plus whichever of the following amounts are greater: • 1% of the New Balance on your billing statement plus the total we bill you during the Billing Cycle for interest and any of these fees: • Annual • Late • Rush plastic