Preview
F Superior Court of California F
County of Butte
ChristopherD. Mandarich SB 220693 2/8/2024
Teona Pipia SB 34.
Martin Weingarten SB 201906
MANDARI LAW GROUP, LLP
P.O. Box 109032 Chicago, IL 60610 Shany Eyal (Crk D
Phone: 877.285.4918 k Deputy
Facsimile: 818.888.1260
Mandarich Law Group, LLP Califomia Debt Collector License Number-1 aber 10708 FILED
Attorneys for Plaintiff: LVNV Funding LLC
SUPERIOR COURT OF THE STATE OF CALIFORNIA
INAND FOR THE COUNTY OF BUTTE - LIMITED
LVNV Funding LLC Case No.24C
V 00366
Plaintiff,
COMPLAINT FOR:
VS.
10 1, ACCOUNT STATED
Leah Villarreal, an individual 2. OPEN BOOK ACCOUNT
11
and DOES 1 through 10 inclusive.
12 Defendant.
DEMAND: $3,564.53
13
14 Plaintiff alleges
15 FACTS COMMON TO ALL CAUSES OF ACTION
16 1.Plaintiff is and at all times herein mentioned, LVNV Funding LLC, and successori
17
interest to original creditor, US Bank NA d/b/a Elan Financial Services.
18
2.Plaintiff is a debt buyer, and is the sole owner of the debt at issue. Plaintiff's California
19
Debt Collector License Number 10888-04.
20
3.The charge-off creditor at the time of charge-off is U.S. Bank, N.A., 60 Livingstone Avd
21
EP-MN-WS3D St. Paul, MN 55107, and the account number associated with this debt is
22
XXXXXXXXXXXX
6884
23
4.The subject credit account has been purchased by the following entities after charge- off:
24
Resurgent Acquisitions LLC P.O. Box 10466 Greenville, SC 29603. The subject credit account
25
was transferred by Resurgent Acquisitions LLC to Plaintiff LVNV Funding LLC, who maintaing
26
an address at C/O Resurgent Capital Services LP 55 Beattie Place, Suite 110, Greenville SC 29601
27
28 5.Plaintiff is informed and believes that Defendant are individuals who currently reside
COMPLAINT-1 of 5
within the jurisdictional boundaries of the above entitled Court. Therefore, this Court is the prope
Court for trial of this action.
6.The name and last known address of the debtor as they appeared in the charge-off
creditor’s records prior to the sale of the debt is Leah Villarreal, 2820 CLARK WAY , CHICO,
CA 95973.
7.Plaintiff is unaware of the true names or capacities, whether individual, corporate,
associate or otherwise of the Defendant sued herein as DOES 1 through 10 inclusive, and therefore,
sued the Defendant by such fictitious names. Plaintiff will amend this Complaint to show their true
names and capacities once ascertained.
10
8.Plaintiff believes and at all times mentioned herein, each of the Defendant was, and is,
11
the agent, servant and employee, employer of each of the other Defendant, and also acted in the
12
capacity of and as agent of the other Defendant. Plaintiff also believes that the individual
13
Defendant, and each of them, are jointly and severally liable that the actions described herein
14
were taken as actions for the benefit of the Defendant's separate and/or community property.
15
9.Plaintiff believes that, for value received, Defendant and each of them, executed an
16
delivered a credit card application to the original creditor, US Bank NA d/b/a Elan Financial
17
Services or made such application over the telephone or Internet. Pursuant to the aforementionet
18
application, US Bank NA d/b/a Elan Financial Services provided Defendant with a credit account,
19
and granted use privileges on the same, account number XXXXXXXXXXXX
6884 (hereinafter
20
“Account”).
21
10.Prior to the commencement of this action, the Account was assigned for value to the}
22
Plaintiff and Plaintiff is its current holder.
23
11.Defendant agreed to repay US Bank NA d/b/a Elan Financial Services and any|
24
successors in interest, for any charges on the Account including, but not limited to, charges fo:
25
purchase of goods and service and/or cash advances and balance.
26
12.Defendant used the Account to make purchases and/or to take cash advances and/or to
27
make balance transfers. Each time the Defendant used the Account to purchase goods and services
28
COMPLAINT-2 of 5
and/or take cash advances and/or make balance transfers, Defendant reaffirmed their agreement to]
repay US Bank NA d/b/a Elan Financial Services and its successors in interest for the amount of
the purchase and/or cash advances and/or balance transfers.
13.Monthly statements were sent to Defendant which itemized all payments made an
charges due on the Account.
14.The date of last payment on the subject account was on September 15, 2020.
15.Within the last four years, the Defendant failed to make payments as agreed on the
Account. Defendant has failed, refused and neglected to pay amounts due on the Account.
16.The debt balance at charge-off was $3,564.53, and upon information and belief there is
10
$0.00 in post charge off fees and $0.00 in post charge off interest.
11
17.Subsequent to charge-off, and after applying any and all applicable payments an
12
credits, the Defendant owes Plaintiff $3,564.53.
13 18.Although demand has been made upon said Defendant to pay said amount, no part has}
14 been paid, and it is now due and owing.
15 19.Upon information and belief, US Bank NA d/b/a Elan Financial Services and successors
16
in interest including Plaintiff have duly performed all promises, conditions and agreements herein|
17
20.Plaintiff has complied with California Civil Code Section 1788.52.
18
21.Plaintiff has attached hereto as Exhibit A and incorporated herein by reference a copy|
19 of Billing Statement provided to the Defendant while the account was active, demonstrating thatj
20 the debt was incurred by the Defendant.
21 22.Plaintiff has attached hereto as Exhibit B and incorporated herein by reference a copy|
22
of the Final Billing Statement and/or Transaction History.
23
23.Upon opening the Account with US Bank NA d/b/a Elan Financial Services, the
24
Defendant(s) agree to reimburse US Bank NA d/b/a Elan Financial Services, and hence Plaintiffj
25 as successor in interest for the costs related to the collection of amounts owing on the Account|
26
27
28
COMPLAINT-3 of 5
Plaintiff has been required to retain Mandarich Law Group, LLP to pursue collection of the amount
due hereunder.
FIRST CAUSE OF ACTION
(Account Stated)
24.Plaintiff refers to and incorporates paragraphs 1 through 23.
25.Within the past 4 years, an account was stated in writing in which it was agreed that
Defendant were indebted in the amount previously referenced herein. Although demand has bee:
made upon Defendant, said amount of $3,564.53 has not been paid, and it is now due, owing and!
10
11 unpaid from Defendant to Plaintiff, as successor in interest.
12
13 SECOND CAUSE OF ACTION
14 (Open Book Account)
15 26.Plaintiff refers to and incorporates paragraphs 1 through 25.
16 27.Within the past 4 years, Defendant and each of them became indebted in the amount of
17
the previously mentioned herein for a balance due on a book account for goods sold and delivered,
18
and/or services rendered by US Bank NA d/b/a Elan Financial Services. Although demand has
19
been made upon Defendant, said amount of $3,564.53 has not been paid, and it is now due, owing
20
and unpaid including attorney’s fees from Defendant to Plaintiff as successor in interest.
21
22
23
24
25
26
27
28
COMPLAINT-4 of 5
WHEREFORE, Plaintiff prays for judgment against the Defendant as follows:
1 For the damages and money in the sum of $3,564.53,
For reasonable attorneys fees pursuant to statute;
For costs of suit incurred; and
For such other and further relief as the Court deems just and proper.
Plaintiff remits all damages in excess of the jurisdictional amount of this Court.
10
11 Dated: 01/30/2024 By: MANDARICH LAW GROUP, LLP
12
13
14
15
[X] Teona Pipia, Esq.
16 Attorneys for Plaintiff
17
18
19
20
21
22
23
24
25
26
27
28
COMPLAINT-5 of 5
EXHIBITA
@® Mechanics Bank’
September 2020 Statement Page 1 of 3
a
Open Date: 08/19/2020 Closing Date: 09/16/2020 Account: i 6884
Visa® Platinum Card Cardmember Service ( 1-800-558-3424
LEAH M VILLARREAL BNK 10 ELN 8
New Balance $2,887.63 Activity Summary
Minimum Payment Due $90.00 Previous Balance $2,991.92
Payment Due Date 10/15/2020 Payments $125.00cR
Other Credits $0.00
Late Payment Warning: if we do not receive your Purchases $0.00
minimum payment by the date listed above, you may have Balance Transfers $0.00
to pay up to a $40.00 Late Fee.
Advances $0.00
Minimum Payment Warning: If you make only the minimum
Other Debits $0.00
Fees Charged - $29.00cR
payment each period, you will pay more in interest and it will
take you longer to pay off your balance. For example: Interest Charged $49.71
If you make no You will pay off And you will New Balance $2,887.63
additional charges the balance shown end up paying Past Due $0.00
using this card and on this statement an estimated Minimum Payment Due $90.00
each month you in about... total of...
pay... Credit Line $3,000.00
Only the minimum 6 years $4,686 Available Credit $112.37
payment Days in Billing Period 29
$108 3 years $3,915
(Savings=$771)
If you would like information about credit counseling services,
call 866-951-1391.
Payment Options: ?
Mail payment coupon
with a check ep
Pay online at
myaccountacoess.com
( Pay by phone
1-800-558-3424
Please detach and send coupon with check payable to: Cardmember Service
ee
@® Mechanics Bank’
Account Number EE 6884
Payment Due Date 10/15/2020
24-Hour Cardmember Service: 1-800-558-3424 New Balance $2,887.63
Minimum Payment Due $90.00
. to pay by phone
. to change your address
Amount Enclosed s_—__
000086136 01 SP 000638580090209 P Y
Cardmember Service
LEAH M VILLARREAL P.O. Box 790408
2820 CLARK
CHICO CA 95973-0103 St. Louis, MO 63179-0408
eeee eee eh ti tiie al eee
What To Do If You Think You Find A Mistake On Your Statement
If you think there is an error on your statement, please call us at the telephone number on the front of this statement, or write to us at:
Cardmember Service, P.O. Box 6335, Fargo, ND 58125-6:
In your letter or call, give us the following information:
Account information: Your name and account number.
> Dollar amount: The dollar amount of the suspected error.
> Description of Problem: If you think there is an error on your bill, describe what you believe is wrong and why you believe it is a mistake.
You must contact us within 60 days after the error appeared on your statement. While we investigate whether or not there has been an error,
the following are true:
» We cannot try to collect the amount in question, or report you as delinquent on that amount.
» The charge in question may remain on your statement, and we may continue to charge you interest on that amount. But, if we determine
that we made a mistake, you will not have to pay the amount in question or any interest or other fees related to that amount.
> While you do not have to pay the amount in question, you are responsible for the remainder of your balance.
» We can apply any unpaid amount against your credit limit.
Your Rights If You Are Dissatisfied With Your Credit Card Purchases
If you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good faith to correct the
problem with the merchant, you may have the right not to pay the remai g amount due on the purchase.
To use this right, all of the following must be true:
1. The purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase price must
have been more than $50. (Note: Neither of these are necessary if your purchase was based on an advertisement we mailed to you, or if we
own the company that sold you the goods or services.
2. You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a check that accesses
your credit card account do not qualify.
3. You must not yet have fully paid for the purchase.
If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at: Cardmember Service, P.O. Box
6335, Fargo, ND 58125-6335. While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our
investigation, we will tell you our decision. At that point, if we think you owe an amount and you do not pay we may report you as delinquent.
Important Information Regarding Your Accou
41. INTEREST CHARGE: Method of Computing Balance Subject to Interest Rate: We calculate the periodic rate or interest portion of the
INTEREST CHARGE by multiplying the applicable Daily Periodic Rate ("DPR") by the Average Daily Balance ("ADB") (including new
transactions) of the Purchase, Advance and Balance Transfer categories subject to interest, and then adding together the resulting interest
from each category. We determine the ADB separately for the Purchases, Advances and Balance Transfer categories. To get the ADB in
each category, we add together the daily balances in those categories for the billing cycle and divide the result by the number of days in the
billing cycle. We determine the daily balances each day by taking the beginning balance of those Account categories (including any billed but
un| rest, fees, credit insurance and other charges), adding any new interest, fees, and charges, and subtracting any payments or
credits applied against your Account balances that day. We add a Purchase, Advance or Balance Transfer to the appropriate balances for
those categories on the later of the transaction date or the first day of the statement period. Billed but unpaid interest on Purchases, Advances
and Balance Transfers is added to the appropriate balances for those categories each month on the statement date. Billed but unpaid
Advance Transaction Fees are added to the Advance balance of your Account on the date they are charged to your Account. Any billed but
unpaid fees on Purchases, credit insurance charges, and other charges are added to the Purchase balance of the Account on the date they
are charged to the Account. Billed but unpaid fees on Balance Transfers are added to the Balance Transfer balance of the Account on the
date they are charged to the Account. In other words, billed and unpaid interest, fees, and charges will be included in the ADB of your
Account that accrues interest and will reduce the amount of credit available to you. To the extent credit insurance charges, overlimit fees,
Annual Fees, and/or Travel Membership Fees may be applied to your Account, such charges and/or fees are not included in the ADB
calculation for Purchases until the first day of the billing cycle following the date the credit insurance charges, overlimit fees, Annual Fees
and/or Travel Membership Fees (as applicable) are charged to the Account. Prior statement balances subject to an interest-free period that
have been paid on or before the payment due date in the current billing cycle are not included in the ADB calculation.
2. Payment Information: You must pay us in U.S. Dollars with checks or similar payment instruments drawn on a financial institution located
in the United States. We will also accept payment in U.S. Dollars via the Internet or phone or previously established automatic payment
transaction. We may, at our option, choose to accept a payment drawn on a foreign financial institution. However, you will be charged and
agree to pay any collection fees required in connection with such a transaction. The date you mail a payment is different than the date we
receive that payment. The payment date is the day we receive your check or money order at Cardmember Service, P.O. Box 790408, St.
Louis, MO 63179-0408 or the day we receive your electronic or phone payment. All payments by check or money order accompanied by a
payment coupon and received at this payment address will be credited to your Account on the day of receipt if received by 5:00 p.m. CT on
any banking day. Mailed payments that do not include the payment coupon and/or are mailed to a different address will be processed within
5 banking days of receipt and credited to your Account on the day of receipt. In addition, if you mail your payment without a payment coupon
or to an incorrect address, it may result in a delayed credit to your Account, additional INTEREST CHARGES, fees, and possible suspension
of your Account. Internet and telephone payment options are available, and crediting times vary (but generally must be made before 5:00 p.m.
CT to 8 p.m. CT depending on what day and how the payment is made). If you are making an internet or telephone payment, please contact
Cardmember Service for times specific to your Account and your payment option. Banking days are all calendar days except Saturday,
Sunday and federal holidays. Payments due on a Saturday, Sunday or federal holiday and received on those days will be credited on the day
of receipt. There is no prepayment penalty if you pay your balance at any time prior to your payment due date.
3. Credit Reporting: We may report information on your Account to Credit Bureaus. Late payments, missed payments or other defaults on
your Account may be reflected in your credit report.
@® Mechanics Bank’
September 2020 Statement 08/19/2020 - 09/16/2020 Page
2 of 3
LEAH M VILLARREAL Cardmember Service ( 1-800-558-3424
a important Messages
Paying Interest: You have a 24 to 30 day
previous balance in full by the Payment 5 interest-free period for Purchases provided you have paid your
jue Date shown on your monthly Account statement. In order to
avoid additional INTEREST CHARGES on Purchases, you must pay your new balance in full by the
Payment Due Date shown on the front of your monthly Account statement.
There is no interest-free period for transactions that post to the Account as Advances or Balance Transfers
except as provided in any Offer Materials. Those transactions are subject to interest from the date they post
to the Account until the date they are paid in full.
If you believe we have inaccurately reported information to any Consumer Reporting Agency, you may
submit a dispute by writing to us. In order for us to assist you with your dispute, you must provide your
name, address, phone number, account number, the specific information you are disputing, the explanation
of why it is incorrect, and any supporting documentation (e.g., affidavit of identity theft), if applicable, to:
Elan Financial Services
Consumer Recovery Department
Attn: CBR Disputes
P.O. Box 108
St Louis, MO 63166-0108
Speed through checkout with the added security and convenience of PayPal. Go to the Mobile App or
manage your account online. Link your card to PayPal today.
Account Security is very important to you and to us. When you use your Card to make a purchase,
particularly over the phone or online, you may be asked to provide a card security code, sometimes called a
CVV. This information is used to help confirm that it is you using the Card and that the Card is authentic.
‘Transactions
Payments and Other Credits
Post Trans
Date Date Ref# Transaction Description Amount
09/15 09/15 PAYMENT THANK YOU $125.00cR
TOTAL THIS PERIOD $125.00cR
Fees
Post Trans
Date Date Ref# Transaction Description Amount
09/15 09/15 REVERSAL OF LATE PAYMENT FEE $29.00CR
TOTAL FEES THIS PERIOD $29.00cR
Interest Charged
Post
Date Transaction Description Amount
09/16 INTEREST CHARGE ON PURCHASES $49.71
TOTAL INTEREST THIS PERIOD $49.71
2020 Totals Year-to-Date
Total Fees Charged in 2020 $21.64
Total Interest Charged in 2020 $378.85
Continued on Next Page
@® Mechanics Bank’
September 2020 Statement 08/19/2020 - 09/16/2020 Page 3 of 3
LEAH M VILLARREAL Cardmember Service (| 1-800-558-3424
Interest Charge Calculation.~
Your Annual Percentage Rate (APR) is the annual interest rate on your account.
**APR for current and future transactions.
Balance Annual Expires
Balance Subject to Interest Percentage with
Balance Type By Type Interest Rate Variable Charge Rate Statement
“*BALANCE TRANSFER $0.00 $0.00 YES $0.00 20.99%
“*PURCHASES Sse as $2,981.29 YES $49.71 20.99%
““ADVANCES $0.00 YES $0.00 23.99%
Contact Us
( Phone ® Questions = Mail payment coupon Nea Online
with a check
Voice: 1-800-558-3424 Cardmember Service Cardmember Service myaccountaccess.com
TDD: 1-888-352-6455. P.O. Box 6354 P.O. Box 790408
Fax: 1-866-616-1750 Fargo, ND 58125-6354 St. Louis, MO 63179-0408
P
End of Statement
LEAH M VILLARREAL
PayPal
Link your credit card
to PayPal today Ww!
ane
Experience faster checkouts, added securii and convenience.
It's all there for you when you link your card to PayPal.
Link your card in the Mobile App or online today.
Recent updates to your account may impact your eligibilityto enroll in PayPal.
EXHIBITB
@® Mechanics Bank’
April 2021 Statement Page1 of2
a
Open Date: 03/18/2021 Closing Date: 04/16/2021 Account: i 6884
Visa® Platinum Card Cardmember Service ( 1-800-558-3424
LEAH M VILLARREAL BNK 10 ELN 8
New Balance $3,564.53 Activity Summary
Minimum Payment Due $996.00 Previous Balance + $3,505. 67
Payment Due Date 05/15/2021 Payments
Other Credits $0.00
Late Payment Warning: if we do not receive your Purchases $0.00
minimum payment by the date listed above, you may have Balance Transfers $0.00
to pay up to a $40.00 Late Fee.
Advances $0.00
Minimum Payment Warning: If you make only the minimum
Other Debits $0.00
payment each period, you will pay more in interest and it will
Fees Charged $0.00
take you longer to pay off your balance. For example: Interest Charged $60.86
If you make no You will pay off And you will New Balance $3,564.53
additional charges the balance shown end up paying Past Due $895.00
using this card and on this statement an estimated Minimum Payment Due $996.00
each month you in about... total of...
pay... Credit Line $3,000.00
Only the minimum 5 years $5,149
Available Credit None
payment Days in Billing Period
$134 3 years $4,843
(Savings=$306)
If you would like information about credit counseling services,
call 866-951-1391.
Payment Options: ?
Mail payment coupon
with a check ep
Pay online at
myaccountacoess.com
( Pay by phone
1-800-558-3424
Please detach and send coupon with check payable to: Cardmember Service
ee
@® Mechanics Bank’
Account Number EE 6884
Payment Due Date 5/15/2021
24-Hour Cardmember Service: 1-800-558-3424 New Balance $3,564.53
Minimum Payment Due $996.00
. to pay by phone
. to change your address
Amount Enclosed s_—__
000086928 01 SP 000638790804453 P Y
Cardmember Service
LEAH M VILLARREAL P.O. Box 790408
2820 CLARK
CHICO CA 95973-0103 St. Louis, MO 63179-0408
Mpetess edo Mane! fga eget fagt tang fe my U0 gfe tet Letty
LLL Hel
What To Do If You Think You Find A Mistake On Your Statement
If you think there is an error on your statement, please call us at the telephone number on the front of this statement, or write to us at:
Cardmember Service, P.O. Box 6335, Fargo, ND 58125-6:
In your letter or call, give us the following information:
Account information: Your name and account number.
> Dollar amount: The dollar amount of the suspected error.
> Description of Problem: If you think there is an error on your bill, describe what you believe is wrong and why you believe it is a mistake.
You must contact us within 60 days after the error appeared on your statement. While we investigate whether or not there has been an error,
the following are true:
» We cannot try to collect the amount in question, or report you as delinquent on that amount.
» The charge in question may remain on your statement, and we may continue to charge you interest on that amount. But, if we determine
that we made a mistake, you will not have to pay the amount in question or any interest or other fees related to that amount.
> While you do not have to pay the amount in question, you are responsible for the remainder of your balance.
» We can apply any unpaid amount against your credit limit.
Your Rights If You Are Dissatisfied With Your Credit Card Purchases
If you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good faith to correct the
problem with the merchant, you may have the right not to pay the remai g amount due on the purchase.
To use this right, all of the following must be true:
1. The purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase price must
have been more than $50. (Note: Neither of these are necessary if your purchase was based on an advertisement we mailed to you, or if we
own the company that sold you the goods or services.
2. You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a check that accesses
your credit card account do not qualify.
3. You must not yet have fully paid for the purchase.
If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at: Cardmember Service, P.O. Box
6335, Fargo, ND 58125-6335. While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our
investigation, we will tell you our decision. At that point, if we think you owe an amount and you do not pay we may report you as delinquent.
Important Information Regarding Your Accou
41. INTEREST CHARGE: Method of Computing Balance Subject to Interest Rate: We calculate the periodic rate or interest portion of the
INTEREST CHARGE by multiplying the applicable Daily Periodic Rate ("DPR") by the Average Daily Balance ("ADB") (including new
transactions) of the Purchase, Advance and Balance Transfer categories subject to interest, and then adding together the resulting interest
from each category. We determine the ADB separately for the Purchases, Advances and Balance Transfer categories. To get the ADB in
each category, we add together the daily balances in those categories for the billing cycle and divide the result by the number of days in the
billing cycle. We determine the daily balances each day by taking the beginning balance of those Account categories (including any billed but
un| rest, fees, credit insurance and other charges), adding any new interest, fees, and charges, and subtracting any payments or
credits applied against your Account balances that day. We add a Purchase, Advance or Balance Transfer to the appropriate balances for
those categories on the later of the transaction date or the first day of the statement period. Billed but unpaid interest on Purchases, Advances
and Balance Transfers is added to the appropriate balances for those categories each month on the statement date. Billed but unpaid
Advance Transaction Fees are added to the Advance balance of your Account on the date they are charged to your Account. Any billed but
unpaid fees on Purchases, credit insurance charges, and other charges are added to the Purchase balance of the Account on the date they
are charged to the Account. Billed but unpaid fees on Balance Transfers are added to the Balance Transfer balance of the Account on the
date they are charged to the Account. In other words, billed and unpaid interest, fees, and charges will be included in the ADB of your
Account that accrues interest and will reduce the amount of credit available to you. To the extent credit insurance charges, overlimit fees,
Annual Fees, and/or Travel Membership Fees may be applied to your Account, such charges and/or fees are not included in the ADB
calculation for Purchases until the first day of the billing cycle following the date the credit insurance charges, overlimit fees, Annual Fees
and/or Travel Membership Fees (as applicable) are charged to the Account. Prior statement balances subject to an interest-free period that
have been paid on or before the payment due date in the current billing cycle are not included in the ADB calculation.
2. Payment Information: You must pay us in U.S. Dollars with checks or similar payment instruments drawn on a financial institution located
in the United States. We will also accept payment in U.S. Dollars via the Internet or phone or previously established automatic payment
transaction. We may, at our option, choose to accept a payment drawn on a foreign financial institution. However, you will be charged and
agree to pay any collection fees required in connection with such a transaction. The date you mail a payment is different than the date we
receive that payment. The payment date is the day we receive your check or money order at Cardmember Service, P.O. Box 790408, St.
Louis, MO 63179-0408 or the day we receive your electronic or phone payment. All payments by check or money order accompanied by a
payment coupon and received at this payment address will be credited to your Account on the day of receipt if received by 5:00 p.m. CT on
any banking day. Mailed payments that do not include the payment coupon and/or are mailed to a different address will be processed within
5 banking days of receipt and credited to your Account on the day of receipt. In addition, if you mail your payment without a payment coupon
or to an incorrect address, it may result in a delayed credit to your Account, additional INTEREST CHARGES, fees, and possible suspension
of your Account. Internet and telephone payment options are available, and crediting times vary (but generally must be made before 5:00 p.m.
CT to 8 p.m. CT depending on what day and how the payment is made). If you are making an internet or telephone payment, please contact
Cardmember Service for times specific to your Account and your payment option. Banking days are all calendar days except Saturday,
Sunday and federal holidays. Payments due on a Saturday, Sunday or federal holiday and received on those days will be credited on the day
of receipt. There is no prepayment penalty if you pay your balance at any time prior to your payment due date.
3. Credit Reporting: We may report information on your Account to Credit Bureaus. Late payments, missed payments or other defaults on
your Account may be reflected in your credit report.
@® Mechanics Bank’
April 2021 Statement 03/18/2021 - 04/16/2021 Page
2 of 2
a
LEAH M VILLARREAL Cardmember Service ( 1-800-558-3424
important Messages
Paying Interest: You have a 24 to 30 day
previous balance in full by the Payment 5 interest-free period for Purchases provided you have paid your
jue Date shown on your monthly Account statement. In order to
avoid additional INTEREST CHARGES on Purchases, you must pay your new balance in full by the
Payment Due Date shown on the front of your monthly Account statement.
There is no interest-free period for transactions that post to the Account as Advances or Balance Transfers
except as provided in any Offer Materials. Those transactions are subject to interest from the date they post
to the Account until the date they are paid in full.
If you believe we have inaccurately reported information to any Consumer Reporting Agency, you may
submit a dispute by writing to us. In order for us to assist you with your dispute, you must provide your
name, address, phone number, account number, the specific information you are disputing, the explanation
of why it is incorrect, and any supporting documentation (e.g., affidavit of identity theft), if applicable, to:
Elan Financial Services
Consumer Recovery Department
Attn: CBR Disputes
P.O. Box 108
St Louis, MO 63166-0108
Your account is seriously past due. We have very attractive settlement and reduced interest/payment
programs. We urge you to call us at 1-877-838-4346.
Tr ns
Interest Charged
Post
Date Transaction Description Amount
04/16 INTEREST CHARGE ON PURCHASES $60.86
TOTAL INTEREST THIS PERIOD $60.86
2021 Totals Year-to-Date
Total Fees Charged in 2021 $120.00
Total Interest Charged in 2021 $234.71
interest Charge Calculation
Your Annual Percentage Rate (APR) is the annual interest rate on your account.
**APR for current and future transactions.
Balance Annual Expires
Balance Subject to Interest Percentage with
Balance Type By Type Interest Rate Variable Charge Rate Statement
PURCHASES $3,352.41 $3,295.56 YES $56.85 20.99%
“*BALANCE TRANSFER $0.00 00 YES $0.00 23.49%
**PURCHASES $212.12 $208.11 YES $4.01 23.49%
“ADVANCES $0.00 $0.00 YES $0.00 23.99%
End of Statement
Preview
F Superior Court of California F County of Butte ChristopherD. Mandarich SB 220693 2/8/2024 Teona Pipia SB 34. Martin Weingarten SB 201906 MANDARI LAW GROUP, LLP P.O. Box 109032 Chicago, IL 60610 Shany Eyal (Crk D Phone: 877.285.4918 k Deputy Facsimile: 818.888.1260 Mandarich Law Group, LLP Califomia Debt Collector License Number-1 aber 10708 FILED Attorneys for Plaintiff: LVNV Funding LLC SUPERIOR COURT OF THE STATE OF CALIFORNIA INAND FOR THE COUNTY OF BUTTE - LIMITED LVNV Funding LLC Case No.24C V 00366 Plaintiff, COMPLAINT FOR: VS. 10 1, ACCOUNT STATED Leah Villarreal, an individual 2. OPEN BOOK ACCOUNT 11 and DOES 1 through 10 inclusive. 12 Defendant. DEMAND: $3,564.53 13 14 Plaintiff alleges 15 FACTS COMMON TO ALL CAUSES OF ACTION 16 1.Plaintiff is and at all times herein mentioned, LVNV Funding LLC, and successori 17 interest to original creditor, US Bank NA d/b/a Elan Financial Services. 18 2.Plaintiff is a debt buyer, and is the sole owner of the debt at issue. Plaintiff's California 19 Debt Collector License Number 10888-04. 20 3.The charge-off creditor at the time of charge-off is U.S. Bank, N.A., 60 Livingstone Avd 21 EP-MN-WS3D St. Paul, MN 55107, and the account number associated with this debt is 22 XXXXXXXXXXXX 6884 23 4.The subject credit account has been purchased by the following entities after charge- off: 24 Resurgent Acquisitions LLC P.O. Box 10466 Greenville, SC 29603. The subject credit account 25 was transferred by Resurgent Acquisitions LLC to Plaintiff LVNV Funding LLC, who maintaing 26 an address at C/O Resurgent Capital Services LP 55 Beattie Place, Suite 110, Greenville SC 29601 27 28 5.Plaintiff is informed and believes that Defendant are individuals who currently reside COMPLAINT-1 of 5 within the jurisdictional boundaries of the above entitled Court. Therefore, this Court is the prope Court for trial of this action. 6.The name and last known address of the debtor as they appeared in the charge-off creditor’s records prior to the sale of the debt is Leah Villarreal, 2820 CLARK WAY , CHICO, CA 95973. 7.Plaintiff is unaware of the true names or capacities, whether individual, corporate, associate or otherwise of the Defendant sued herein as DOES 1 through 10 inclusive, and therefore, sued the Defendant by such fictitious names. Plaintiff will amend this Complaint to show their true names and capacities once ascertained. 10 8.Plaintiff believes and at all times mentioned herein, each of the Defendant was, and is, 11 the agent, servant and employee, employer of each of the other Defendant, and also acted in the 12 capacity of and as agent of the other Defendant. Plaintiff also believes that the individual 13 Defendant, and each of them, are jointly and severally liable that the actions described herein 14 were taken as actions for the benefit of the Defendant's separate and/or community property. 15 9.Plaintiff believes that, for value received, Defendant and each of them, executed an 16 delivered a credit card application to the original creditor, US Bank NA d/b/a Elan Financial 17 Services or made such application over the telephone or Internet. Pursuant to the aforementionet 18 application, US Bank NA d/b/a Elan Financial Services provided Defendant with a credit account, 19 and granted use privileges on the same, account number XXXXXXXXXXXX 6884 (hereinafter 20 “Account”). 21 10.Prior to the commencement of this action, the Account was assigned for value to the} 22 Plaintiff and Plaintiff is its current holder. 23 11.Defendant agreed to repay US Bank NA d/b/a Elan Financial Services and any| 24 successors in interest, for any charges on the Account including, but not limited to, charges fo: 25 purchase of goods and service and/or cash advances and balance. 26 12.Defendant used the Account to make purchases and/or to take cash advances and/or to 27 make balance transfers. Each time the Defendant used the Account to purchase goods and services 28 COMPLAINT-2 of 5 and/or take cash advances and/or make balance transfers, Defendant reaffirmed their agreement to] repay US Bank NA d/b/a Elan Financial Services and its successors in interest for the amount of the purchase and/or cash advances and/or balance transfers. 13.Monthly statements were sent to Defendant which itemized all payments made an charges due on the Account. 14.The date of last payment on the subject account was on September 15, 2020. 15.Within the last four years, the Defendant failed to make payments as agreed on the Account. Defendant has failed, refused and neglected to pay amounts due on the Account. 16.The debt balance at charge-off was $3,564.53, and upon information and belief there is 10 $0.00 in post charge off fees and $0.00 in post charge off interest. 11 17.Subsequent to charge-off, and after applying any and all applicable payments an 12 credits, the Defendant owes Plaintiff $3,564.53. 13 18.Although demand has been made upon said Defendant to pay said amount, no part has} 14 been paid, and it is now due and owing. 15 19.Upon information and belief, US Bank NA d/b/a Elan Financial Services and successors 16 in interest including Plaintiff have duly performed all promises, conditions and agreements herein| 17 20.Plaintiff has complied with California Civil Code Section 1788.52. 18 21.Plaintiff has attached hereto as Exhibit A and incorporated herein by reference a copy| 19 of Billing Statement provided to the Defendant while the account was active, demonstrating thatj 20 the debt was incurred by the Defendant. 21 22.Plaintiff has attached hereto as Exhibit B and incorporated herein by reference a copy| 22 of the Final Billing Statement and/or Transaction History. 23 23.Upon opening the Account with US Bank NA d/b/a Elan Financial Services, the 24 Defendant(s) agree to reimburse US Bank NA d/b/a Elan Financial Services, and hence Plaintiffj 25 as successor in interest for the costs related to the collection of amounts owing on the Account| 26 27 28 COMPLAINT-3 of 5 Plaintiff has been required to retain Mandarich Law Group, LLP to pursue collection of the amount due hereunder. FIRST CAUSE OF ACTION (Account Stated) 24.Plaintiff refers to and incorporates paragraphs 1 through 23. 25.Within the past 4 years, an account was stated in writing in which it was agreed that Defendant were indebted in the amount previously referenced herein. Although demand has bee: made upon Defendant, said amount of $3,564.53 has not been paid, and it is now due, owing and! 10 11 unpaid from Defendant to Plaintiff, as successor in interest. 12 13 SECOND CAUSE OF ACTION 14 (Open Book Account) 15 26.Plaintiff refers to and incorporates paragraphs 1 through 25. 16 27.Within the past 4 years, Defendant and each of them became indebted in the amount of 17 the previously mentioned herein for a balance due on a book account for goods sold and delivered, 18 and/or services rendered by US Bank NA d/b/a Elan Financial Services. Although demand has 19 been made upon Defendant, said amount of $3,564.53 has not been paid, and it is now due, owing 20 and unpaid including attorney’s fees from Defendant to Plaintiff as successor in interest. 21 22 23 24 25 26 27 28 COMPLAINT-4 of 5 WHEREFORE, Plaintiff prays for judgment against the Defendant as follows: 1 For the damages and money in the sum of $3,564.53, For reasonable attorneys fees pursuant to statute; For costs of suit incurred; and For such other and further relief as the Court deems just and proper. Plaintiff remits all damages in excess of the jurisdictional amount of this Court. 10 11 Dated: 01/30/2024 By: MANDARICH LAW GROUP, LLP 12 13 14 15 [X] Teona Pipia, Esq. 16 Attorneys for Plaintiff 17 18 19 20 21 22 23 24 25 26 27 28 COMPLAINT-5 of 5 EXHIBITA @® Mechanics Bank’ September 2020 Statement Page 1 of 3 a Open Date: 08/19/2020 Closing Date: 09/16/2020 Account: i 6884 Visa® Platinum Card Cardmember Service ( 1-800-558-3424 LEAH M VILLARREAL BNK 10 ELN 8 New Balance $2,887.63 Activity Summary Minimum Payment Due $90.00 Previous Balance $2,991.92 Payment Due Date 10/15/2020 Payments $125.00cR Other Credits $0.00 Late Payment Warning: if we do not receive your Purchases $0.00 minimum payment by the date listed above, you may have Balance Transfers $0.00 to pay up to a $40.00 Late Fee. Advances $0.00 Minimum Payment Warning: If you make only the minimum Other Debits $0.00 Fees Charged - $29.00cR payment each period, you will pay more in interest and it will take you longer to pay off your balance. For example: Interest Charged $49.71 If you make no You will pay off And you will New Balance $2,887.63 additional charges the balance shown end up paying Past Due $0.00 using this card and on this statement an estimated Minimum Payment Due $90.00 each month you in about... total of... pay... Credit Line $3,000.00 Only the minimum 6 years $4,686 Available Credit $112.37 payment Days in Billing Period 29 $108 3 years $3,915 (Savings=$771) If you would like information about credit counseling services, call 866-951-1391. Payment Options: ? Mail payment coupon with a check ep Pay online at myaccountacoess.com ( Pay by phone 1-800-558-3424 Please detach and send coupon with check payable to: Cardmember Service ee @® Mechanics Bank’ Account Number EE 6884 Payment Due Date 10/15/2020 24-Hour Cardmember Service: 1-800-558-3424 New Balance $2,887.63 Minimum Payment Due $90.00 . to pay by phone . to change your address Amount Enclosed s_—__ 000086136 01 SP 000638580090209 P Y Cardmember Service LEAH M VILLARREAL P.O. Box 790408 2820 CLARK CHICO CA 95973-0103 St. Louis, MO 63179-0408 eeee eee eh ti tiie al eee What To Do If You Think You Find A Mistake On Your Statement If you think there is an error on your statement, please call us at the telephone number on the front of this statement, or write to us at: Cardmember Service, P.O. Box 6335, Fargo, ND 58125-6: In your letter or call, give us the following information: Account information: Your name and account number. > Dollar amount: The dollar amount of the suspected error. > Description of Problem: If you think there is an error on your bill, describe what you believe is wrong and why you believe it is a mistake. You must contact us within 60 days after the error appeared on your statement. While we investigate whether or not there has been an error, the following are true: » We cannot try to collect the amount in question, or report you as delinquent on that amount. » The charge in question may remain on your statement, and we may continue to charge you interest on that amount. But, if we determine that we made a mistake, you will not have to pay the amount in question or any interest or other fees related to that amount. > While you do not have to pay the amount in question, you are responsible for the remainder of your balance. » We can apply any unpaid amount against your credit limit. Your Rights If You Are Dissatisfied With Your Credit Card Purchases If you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remai g amount due on the purchase. To use this right, all of the following must be true: 1. The purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase price must have been more than $50. (Note: Neither of these are necessary if your purchase was based on an advertisement we mailed to you, or if we own the company that sold you the goods or services. 2. You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a check that accesses your credit card account do not qualify. 3. You must not yet have fully paid for the purchase. If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at: Cardmember Service, P.O. Box 6335, Fargo, ND 58125-6335. While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our decision. At that point, if we think you owe an amount and you do not pay we may report you as delinquent. Important Information Regarding Your Accou 41. INTEREST CHARGE: Method of Computing Balance Subject to Interest Rate: We calculate the periodic rate or interest portion of the INTEREST CHARGE by multiplying the applicable Daily Periodic Rate ("DPR") by the Average Daily Balance ("ADB") (including new transactions) of the Purchase, Advance and Balance Transfer categories subject to interest, and then adding together the resulting interest from each category. We determine the ADB separately for the Purchases, Advances and Balance Transfer categories. To get the ADB in each category, we add together the daily balances in those categories for the billing cycle and divide the result by the number of days in the billing cycle. We determine the daily balances each day by taking the beginning balance of those Account categories (including any billed but un| rest, fees, credit insurance and other charges), adding any new interest, fees, and charges, and subtracting any payments or credits applied against your Account balances that day. We add a Purchase, Advance or Balance Transfer to the appropriate balances for those categories on the later of the transaction date or the first day of the statement period. Billed but unpaid interest on Purchases, Advances and Balance Transfers is added to the appropriate balances for those categories each month on the statement date. Billed but unpaid Advance Transaction Fees are added to the Advance balance of your Account on the date they are charged to your Account. Any billed but unpaid fees on Purchases, credit insurance charges, and other charges are added to the Purchase balance of the Account on the date they are charged to the Account. Billed but unpaid fees on Balance Transfers are added to the Balance Transfer balance of the Account on the date they are charged to the Account. In other words, billed and unpaid interest, fees, and charges will be included in the ADB of your Account that accrues interest and will reduce the amount of credit available to you. To the extent credit insurance charges, overlimit fees, Annual Fees, and/or Travel Membership Fees may be applied to your Account, such charges and/or fees are not included in the ADB calculation for Purchases until the first day of the billing cycle following the date the credit insurance charges, overlimit fees, Annual Fees and/or Travel Membership Fees (as applicable) are charged to the Account. Prior statement balances subject to an interest-free period that have been paid on or before the payment due date in the current billing cycle are not included in the ADB calculation. 2. Payment Information: You must pay us in U.S. Dollars with checks or similar payment instruments drawn on a financial institution located in the United States. We will also accept payment in U.S. Dollars via the Internet or phone or previously established automatic payment transaction. We may, at our option, choose to accept a payment drawn on a foreign financial institution. However, you will be charged and agree to pay any collection fees required in connection with such a transaction. The date you mail a payment is different than the date we receive that payment. The payment date is the day we receive your check or money order at Cardmember Service, P.O. Box 790408, St. Louis, MO 63179-0408 or the day we receive your electronic or phone payment. All payments by check or money order accompanied by a payment coupon and received at this payment address will be credited to your Account on the day of receipt if received by 5:00 p.m. CT on any banking day. Mailed payments that do not include the payment coupon and/or are mailed to a different address will be processed within 5 banking days of receipt and credited to your Account on the day of receipt. In addition, if you mail your payment without a payment coupon or to an incorrect address, it may result in a delayed credit to your Account, additional INTEREST CHARGES, fees, and possible suspension of your Account. Internet and telephone payment options are available, and crediting times vary (but generally must be made before 5:00 p.m. CT to 8 p.m. CT depending on what day and how the payment is made). If you are making an internet or telephone payment, please contact Cardmember Service for times specific to your Account and your payment option. Banking days are all calendar days except Saturday, Sunday and federal holidays. Payments due on a Saturday, Sunday or federal holiday and received on those days will be credited on the day of receipt. There is no prepayment penalty if you pay your balance at any time prior to your payment due date. 3. Credit Reporting: We may report information on your Account to Credit Bureaus. Late payments, missed payments or other defaults on your Account may be reflected in your credit report. @® Mechanics Bank’ September 2020 Statement 08/19/2020 - 09/16/2020 Page 2 of 3 LEAH M VILLARREAL Cardmember Service ( 1-800-558-3424 a important Messages Paying Interest: You have a 24 to 30 day previous balance in full by the Payment 5 interest-free period for Purchases provided you have paid your jue Date shown on your monthly Account statement. In order to avoid additional INTEREST CHARGES on Purchases, you must pay your new balance in full by the Payment Due Date shown on the front of your monthly Account statement. There is no interest-free period for transactions that post to the Account as Advances or Balance Transfers except as provided in any Offer Materials. Those transactions are subject to interest from the date they post to the Account until the date they are paid in full. If you believe we have inaccurately reported information to any Consumer Reporting Agency, you may submit a dispute by writing to us. In order for us to assist you with your dispute, you must provide your name, address, phone number, account number, the specific information you are disputing, the explanation of why it is incorrect, and any supporting documentation (e.g., affidavit of identity theft), if applicable, to: Elan Financial Services Consumer Recovery Department Attn: CBR Disputes P.O. Box 108 St Louis, MO 63166-0108 Speed through checkout with the added security and convenience of PayPal. Go to the Mobile App or manage your account online. Link your card to PayPal today. Account Security is very important to you and to us. When you use your Card to make a purchase, particularly over the phone or online, you may be asked to provide a card security code, sometimes called a CVV. This information is used to help confirm that it is you using the Card and that the Card is authentic. ‘Transactions Payments and Other Credits Post Trans Date Date Ref# Transaction Description Amount 09/15 09/15 PAYMENT THANK YOU $125.00cR TOTAL THIS PERIOD $125.00cR Fees Post Trans Date Date Ref# Transaction Description Amount 09/15 09/15 REVERSAL OF LATE PAYMENT FEE $29.00CR TOTAL FEES THIS PERIOD $29.00cR Interest Charged Post Date Transaction Description Amount 09/16 INTEREST CHARGE ON PURCHASES $49.71 TOTAL INTEREST THIS PERIOD $49.71 2020 Totals Year-to-Date Total Fees Charged in 2020 $21.64 Total Interest Charged in 2020 $378.85 Continued on Next Page @® Mechanics Bank’ September 2020 Statement 08/19/2020 - 09/16/2020 Page 3 of 3 LEAH M VILLARREAL Cardmember Service (| 1-800-558-3424 Interest Charge Calculation.~ Your Annual Percentage Rate (APR) is the annual interest rate on your account. **APR for current and future transactions. Balance Annual Expires Balance Subject to Interest Percentage with Balance Type By Type Interest Rate Variable Charge Rate Statement “*BALANCE TRANSFER $0.00 $0.00 YES $0.00 20.99% “*PURCHASES Sse as $2,981.29 YES $49.71 20.99% ““ADVANCES $0.00 YES $0.00 23.99% Contact Us ( Phone ® Questions = Mail payment coupon Nea Online with a check Voice: 1-800-558-3424 Cardmember Service Cardmember Service myaccountaccess.com TDD: 1-888-352-6455. P.O. Box 6354 P.O. Box 790408 Fax: 1-866-616-1750 Fargo, ND 58125-6354 St. Louis, MO 63179-0408 P End of Statement LEAH M VILLARREAL PayPal Link your credit card to PayPal today Ww! ane Experience faster checkouts, added securii and convenience. It's all there for you when you link your card to PayPal. Link your card in the Mobile App or online today. Recent updates to your account may impact your eligibilityto enroll in PayPal. EXHIBITB @® Mechanics Bank’ April 2021 Statement Page1 of2 a Open Date: 03/18/2021 Closing Date: 04/16/2021 Account: i 6884 Visa® Platinum Card Cardmember Service ( 1-800-558-3424 LEAH M VILLARREAL BNK 10 ELN 8 New Balance $3,564.53 Activity Summary Minimum Payment Due $996.00 Previous Balance + $3,505. 67 Payment Due Date 05/15/2021 Payments Other Credits $0.00 Late Payment Warning: if we do not receive your Purchases $0.00 minimum payment by the date listed above, you may have Balance Transfers $0.00 to pay up to a $40.00 Late Fee. Advances $0.00 Minimum Payment Warning: If you make only the minimum Other Debits $0.00 payment each period, you will pay more in interest and it will Fees Charged $0.00 take you longer to pay off your balance. For example: Interest Charged $60.86 If you make no You will pay off And you will New Balance $3,564.53 additional charges the balance shown end up paying Past Due $895.00 using this card and on this statement an estimated Minimum Payment Due $996.00 each month you in about... total of... pay... Credit Line $3,000.00 Only the minimum 5 years $5,149 Available Credit None payment Days in Billing Period $134 3 years $4,843 (Savings=$306) If you would like information about credit counseling services, call 866-951-1391. Payment Options: ? Mail payment coupon with a check ep Pay online at myaccountacoess.com ( Pay by phone 1-800-558-3424 Please detach and send coupon with check payable to: Cardmember Service ee @® Mechanics Bank’ Account Number EE 6884 Payment Due Date 5/15/2021 24-Hour Cardmember Service: 1-800-558-3424 New Balance $3,564.53 Minimum Payment Due $996.00 . to pay by phone . to change your address Amount Enclosed s_—__ 000086928 01 SP 000638790804453 P Y Cardmember Service LEAH M VILLARREAL P.O. Box 790408 2820 CLARK CHICO CA 95973-0103 St. Louis, MO 63179-0408 Mpetess edo Mane! fga eget fagt tang fe my U0 gfe tet Letty LLL Hel What To Do If You Think You Find A Mistake On Your Statement If you think there is an error on your statement, please call us at the telephone number on the front of this statement, or write to us at: Cardmember Service, P.O. Box 6335, Fargo, ND 58125-6: In your letter or call, give us the following information: Account information: Your name and account number. > Dollar amount: The dollar amount of the suspected error. > Description of Problem: If you think there is an error on your bill, describe what you believe is wrong and why you believe it is a mistake. You must contact us within 60 days after the error appeared on your statement. While we investigate whether or not there has been an error, the following are true: » We cannot try to collect the amount in question, or report you as delinquent on that amount. » The charge in question may remain on your statement, and we may continue to charge you interest on that amount. But, if we determine that we made a mistake, you will not have to pay the amount in question or any interest or other fees related to that amount. > While you do not have to pay the amount in question, you are responsible for the remainder of your balance. » We can apply any unpaid amount against your credit limit. Your Rights If You Are Dissatisfied With Your Credit Card Purchases If you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remai g amount due on the purchase. To use this right, all of the following must be true: 1. The purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase price must have been more than $50. (Note: Neither of these are necessary if your purchase was based on an advertisement we mailed to you, or if we own the company that sold you the goods or services. 2. You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a check that accesses your credit card account do not qualify. 3. You must not yet have fully paid for the purchase. If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at: Cardmember Service, P.O. Box 6335, Fargo, ND 58125-6335. While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our decision. At that point, if we think you owe an amount and you do not pay we may report you as delinquent. Important Information Regarding Your Accou 41. INTEREST CHARGE: Method of Computing Balance Subject to Interest Rate: We calculate the periodic rate or interest portion of the INTEREST CHARGE by multiplying the applicable Daily Periodic Rate ("DPR") by the Average Daily Balance ("ADB") (including new transactions) of the Purchase, Advance and Balance Transfer categories subject to interest, and then adding together the resulting interest from each category. We determine the ADB separately for the Purchases, Advances and Balance Transfer categories. To get the ADB in each category, we add together the daily balances in those categories for the billing cycle and divide the result by the number of days in the billing cycle. We determine the daily balances each day by taking the beginning balance of those Account categories (including any billed but un| rest, fees, credit insurance and other charges), adding any new interest, fees, and charges, and subtracting any payments or credits applied against your Account balances that day. We add a Purchase, Advance or Balance Transfer to the appropriate balances for those categories on the later of the transaction date or the first day of the statement period. Billed but unpaid interest on Purchases, Advances and Balance Transfers is added to the appropriate balances for those categories each month on the statement date. Billed but unpaid Advance Transaction Fees are added to the Advance balance of your Account on the date they are charged to your Account. Any billed but unpaid fees on Purchases, credit insurance charges, and other charges are added to the Purchase balance of the Account on the date they are charged to the Account. Billed but unpaid fees on Balance Transfers are added to the Balance Transfer balance of the Account on the date they are charged to the Account. In other words, billed and unpaid interest, fees, and charges will be included in the ADB of your Account that accrues interest and will reduce the amount of credit available to you. To the extent credit insurance charges, overlimit fees, Annual Fees, and/or Travel Membership Fees may be applied to your Account, such charges and/or fees are not included in the ADB calculation for Purchases until the first day of the billing cycle following the date the credit insurance charges, overlimit fees, Annual Fees and/or Travel Membership Fees (as applicable) are charged to the Account. Prior statement balances subject to an interest-free period that have been paid on or before the payment due date in the current billing cycle are not included in the ADB calculation. 2. Payment Information: You must pay us in U.S. Dollars with checks or similar payment instruments drawn on a financial institution located in the United States. We will also accept payment in U.S. Dollars via the Internet or phone or previously established automatic payment transaction. We may, at our option, choose to accept a payment drawn on a foreign financial institution. However, you will be charged and agree to pay any collection fees required in connection with such a transaction. The date you mail a payment is different than the date we receive that payment. The payment date is the day we receive your check or money order at Cardmember Service, P.O. Box 790408, St. Louis, MO 63179-0408 or the day we receive your electronic or phone payment. All payments by check or money order accompanied by a payment coupon and received at this payment address will be credited to your Account on the day of receipt if received by 5:00 p.m. CT on any banking day. Mailed payments that do not include the payment coupon and/or are mailed to a different address will be processed within 5 banking days of receipt and credited to your Account on the day of receipt. In addition, if you mail your payment without a payment coupon or to an incorrect address, it may result in a delayed credit to your Account, additional INTEREST CHARGES, fees, and possible suspension of your Account. Internet and telephone payment options are available, and crediting times vary (but generally must be made before 5:00 p.m. CT to 8 p.m. CT depending on what day and how the payment is made). If you are making an internet or telephone payment, please contact Cardmember Service for times specific to your Account and your payment option. Banking days are all calendar days except Saturday, Sunday and federal holidays. Payments due on a Saturday, Sunday or federal holiday and received on those days will be credited on the day of receipt. There is no prepayment penalty if you pay your balance at any time prior to your payment due date. 3. Credit Reporting: We may report information on your Account to Credit Bureaus. Late payments, missed payments or other defaults on your Account may be reflected in your credit report. @® Mechanics Bank’ April 2021 Statement 03/18/2021 - 04/16/2021 Page 2 of 2 a LEAH M VILLARREAL Cardmember Service ( 1-800-558-3424 important Messages Paying Interest: You have a 24 to 30 day previous balance in full by the Payment 5 interest-free period for Purchases provided you have paid your jue Date shown on your monthly Account statement. In order to avoid additional INTEREST CHARGES on Purchases, you must pay your new balance in full by the Payment Due Date shown on the front of your monthly Account statement. There is no interest-free period for transactions that post to the Account as Advances or Balance Transfers except as provided in any Offer Materials. Those transactions are subject to interest from the date they post to the Account until the date they are paid in full. If you believe we have inaccurately reported information to any Consumer Reporting Agency, you may submit a dispute by writing to us. In order for us to assist you with your dispute, you must provide your name, address, phone number, account number, the specific information you are disputing, the explanation of why it is incorrect, and any supporting documentation (e.g., affidavit of identity theft), if applicable, to: Elan Financial Services Consumer Recovery Department Attn: CBR Disputes P.O. Box 108 St Louis, MO 63166-0108 Your account is seriously past due. We have very attractive settlement and reduced interest/payment programs. We urge you to call us at 1-877-838-4346. Tr ns Interest Charged Post Date Transaction Description Amount 04/16 INTEREST CHARGE ON PURCHASES $60.86 TOTAL INTEREST THIS PERIOD $60.86 2021 Totals Year-to-Date Total Fees Charged in 2021 $120.00 Total Interest Charged in 2021 $234.71 interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. **APR for current and future transactions. Balance Annual Expires Balance Subject to Interest Percentage with Balance Type By Type Interest Rate Variable Charge Rate Statement PURCHASES $3,352.41 $3,295.56 YES $56.85 20.99% “*BALANCE TRANSFER $0.00 00 YES $0.00 23.49% **PURCHASES $212.12 $208.11 YES $4.01 23.49% “ADVANCES $0.00 $0.00 YES $0.00 23.99% End of Statement