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24AT-AC00022
#23204439
IN THE CIRCUIT COURT OF ATCHISON COUNTY
ASSOCIATE JUDGE DIVISION
STATE OF MISSOURI
LVNV FUNDING LLC )
)
Plaintiff, ) Cause No.
vs. Division No.
BRETT JOHNSON
SERVE AT:
202 6TH ST
FAIRFAX MO 64446-9221
Defendant(s).
PETITION -- ACCOUNT STATED
COMES NOW, Plaintiff, LYNV FUNDING LLC , and for its cause of action against
Defendant(s), states as follows:
1 Plaintiff was at all times relevant herein a A LIMITED LIABILITY COMPANY, duly
organized and existing under law.
2 Plaintiff is the holder of a valid assignment of an account previously owned by
CREDIT ONE BANK NA with an account number ending in *****##*#*#*7514,
3 Defendant(s) is/are resident(s) of ATCHISON COUNTY, Missouri.
4 Defendant(s) and CREDIT ONE BANK NA had previous financial transactions
arising from a credit arrangement for which original creditor issued statement(s) reflecting the
transactions initiated by or for the benefit of the Defendant(s), to which Defendant(s) did not object.
5 By using the credit and receiving the statement(s) without objection, Defendant(s)
made a promise to pay the amount due.
6 The balance agreed to by the parties is $577.90.
7
The Defendant(s) has/have failed to keep his/her/their promise to pay said balance,
despite demand for same having been made on or before November 20, 2023.
WHEREFORE, Plaintiff, LVNV FUNDING LLC prays for judgment against the
Defendant(s) in a sum of $577.90, together with post judgment interest from the date of Judgment,
all costs expended herein and for any other and further relief this Court deems just and proper.
GAMACHE & ERS, P/C.
BY:
Vy
"DAVID R. GA CHE, 34112 davidgamache@gmcollects.com
EDWARD MYERS, 34975 edwardmyers@gmcollects.com
DONALD.A, HOROWITZ, 42340. donaldhorowitz@gmoollects.com
JOSEPH A. TERRY, 60421 josephterry@gmeollects.com
CRAIG A OVERSTREET, 56135 craigoverstreet@gmcollects.com
Attorneys for Plaintiff
1000 CAMERA AVENUE STE A
CRESTWOOD (ST LOUIS) MO 63126
(314) 835-6602
FAX (314) 835-6604
JOSEPHIA | TERRYS0421
HTERRY@GMICOL! yCOM
“THIS COMMUNICATION IS FROM A DEBT COLLECTOR, IN AN ATTEMPT TO
COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT
PURPOSE."
#23204439
VERIFICATION
I, the A ffiant, of lawful age, state that my office accessed the Defense Manpower Data Center
website and conducted a search of Defendant's first name, last name and social security number, and
found no record of Defendant as an active duty member of the Armed Services of the United States
of America, all according to the best of my information, knowledge and belief.
Executed this day AHO 200,
h_Sea timeK feta
Subscribed and sworn to before me on LO 202A.
Wecbibh
NOTARY PUBLIC
sud
HERYL ROZANSK!
Notary Public
= Notary Seal
My Commission expires:
St Louis County”
Commission Kum! (
My Carnmilssion ‘AD
eee
State of Missouri
"THIS COMMUNICATION IS FROM A DEBT COLLECTOR, IN AN ATTEMPT TO
COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FORTHAT
PURPOSE."
23204439 688465638
Account Holder: Brett Johnson
Original Creditor Name: Credit One Bank, N.A.
Legal Seller: MHC Receivables, LLC and FNBM, LLC
Account Number: ***##*****#7514.
BEFORE ME, the undersigned personally appeared and personally known by me, this day, and who after
being duly swom upon his/her oath deposes and states:
J am a competent person over eighteen years of age. I am an Authorized Representative for LVNV Funding
LLC, (hereinafter "Plaintiff"). As an Authorized representative for Plaintiff, I am authorized to execute this
affidavit on its behalf and the information below is true and correct to the best of my knowledge, information
and belief,
In the ordinary course of business Plaintiff regularly purchases revolving credit accounts, installment accounts
and/or other credit lines. from the original creditor or their suecessor(s) ‘interest, Plaintiff purchased the credit
account of Defendant herein, account number referenced above (hereinafter the "Credit Account") from the
Original Creditor or its successor-in-interest.
The scope of my job responsibilities includes the supervision or oversight of credit account records maintained.
by Plaintiff, including the Credit Account referenced above. In the performance of my duties, [ am familiar with
the manner and method by which Plaintiff or their agent creates and/or maintains its normal business books and
records, including computer records and/or data of its purchased credit accounts, in the ordinary course of its
business. As such, I am the custodian of said business records.
Plaintiff business records for the Credit Account of Defendant reflect that the just and true balance due and
owing to Plaintiff by the Defendant on the Account Number ************7514 as of the date hereof is
$577.90, according to the business records provided to Plaintiff by the Original Creditor or its successor-in-
interest at the time the Credit Account was purchased, less credit for all payments, together with interest and
other applicable costs as allowed by law.
STATE OF SOUTH CAROLINA
COUNTY OF GREENVILLE «ee My,
My“,
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Signature
2 Ss
ax Moesha Jordan
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24 be oa Authorized Representative
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Many
Before me personally appeared the person whose name and title is identified above being of age and duly
swom upon his/her oath, states that he/she has read the foregoing Affidavit and the facts stated therein are true
and correct to the best of his/her knowledge, information and belief.
The foregoing affidavit sworn to and subscribed before me this Monday, December 11, 2023.
My commission expires: Ons
Notary Public
“THIS IS A COMMUNICATION FROM A DEBT COLLECTOR, IN AN ATTEMPT TO COLLECT A
DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE."
/12915
BILL OF SALE AND ASSIGNMENT OF ACCOUNT!
FROM CREDIT ONE BANK, N.A. TO MHC RECEIVABLES, LLC
As of November 30, 2019, for good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, Credit One Bank, N.A. (“Assignor”) has transferred, has sold, has assigned, has conveyed, has
granted and has otherwise delivered to MHC Receivables, LLC (“Assignee”), all of Assignor’s right, title and interest
in and to (i) the charged-off credit card accounts identified on an account level basis in the data file named
CreditOne_Sherman_122019 (the “Computer File”), a copy of which is attached hereto and incorporated herein by
reference as “Exhibit A”; and, (ii) certain related account level media or electronic copies thereof (including, but not
limited to applications, statements, terms and condition), and (iii) all claims or rights arising out of or relating to each
account referenced on the Computer File (collectively hereinafter, the “Accounts”) including, but not limited to, all
claims and rights afforded each Account by virtue of that Account’s corresponding terms and conditions.
The Accounts transferred under the terms of this Bill of Sale and Assignment of Accounts were each
transferred to Assignee immediately following charge off for each applicable Account, as shown in the Computer File.
With respect to information for the Accounts, Assignor represents and warrants to Assignee that the business
records conveyed to Assignee relating to: (i) the Accounts issued by Assignor; and (ji) the sale and assignment of
Accounts by Assignor (collectively, the “Business Records”), are kept by Assignor in the regular course of its business.
It is in the regular course of business of Assignor for an employee or an authorized representative with personal
knowledge of the act, event, condition, or opinion (collectively “Event”) to be recorded, to make the appropriate
memorandum or recording of the Event at or reasonably near the time of the Event. Furthermore, Assignor represents
and warrants to Assignee that the Business Records are materially complete and accurate, and thoroughly embody the
information in Assignor’s custody and control for the Accounts from their creation until the time of transfer to
Assignee. These representations and warranties are intended to augment any other representations and warranties the
parties may have in place and not supplant any other existing warranties and representations.
This Bill of Sale and Assignment of Accounts shall serve as evidence of ownership for the Accounts
conveyed hereby and shall serve as. an acknowledgment, as ratification, and as evidence of the intent of the parties to
transfer the Accounts.
Cc IT ONE BANK, N.A.
Hafwood
Vice President
EXHIBIT A
ACCOUNT SCHEDULE
The Accounts that are specifically identified in the electronic file named CreditOne_Sherman_122019 with such
electronic file incorporated herein by reference.
ILL OF SALE AND ASSIGNMENT OF RECEIVABLE!
FROM CREDIT ONE BANK. N.A. TO MHC RECEIVABLES, LLC
As of November 30, 2019, for good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, Credit One Bank, N.A. (‘‘Assignor”) has transferred, has sold, has assigned, has conveyed, has
granted and has otherwise delivered to MHC Receivables, LLC (“Assignee”), all of Assignor’s right, title and interest
in and to (i) the receivables associated with each and every account referenced in the data file named
CreditOne_Sherman_122019 (the “Computer File”), a copy of which is attached hereto and incorporated herein by
reference as “Exhibit A”; and, (ii) all claims or rights arising out of or relating to each of those Receivables (hereinafter,
the “Receivables”).
The Receivables transferred under the terms of this Bill of Sale and Assignment of Receivables were each
transferred to Assignee prior to the charge off of the associated accounts, as shown in the Computer File. This Bill of
Sale and Assignment of Receivables evidences the intent between the parties for the transfer of the Receivables, acts
as an acknowledgement of those transfers, and, to the extent necessary, ratification of the transfers.
With respect to information for the Receivables, Assignor represents and warrants to Assignee that the
business records conveyed to Assignee relating to the Receivables (the “Business Records”), are kept by Assignor in
the regular course of its business. It is in the regular course of business of Assignor for an employee or an authorized
representative with personal knowledge of the act, event, condition, or opinion (collectively “Event”) to be recorded,
to make the appropriate memorandum or recording of the Event at or reasonably near the time of the Event.
Furthermore, Assignor represents and warrants to Assignee that the Business Records are materially complete and
accurate, and thoroughly embody the information in Assignor’s custody and control for the Receivables from their
creation until the time of transfer to Assignee. These representations and warranties are intended to augment any other
representations and warranties the parties may have in place and not supplant any other existing warranties and
representations.
This Bill of Sale and Assignment of Receivables shall serve as evidence of ownership for the Receivables
conveyed hereby and shall serve as an acknowledgment, as ratification, and as evidence of the intent of the parties to
transfer the Receivables.
CREDIT ONE BANK, N.A.
farwood
Vice President
XHIBIT A
ACCOUNT SCHEDULE
The Accounts that are specifically identified in the electronic file named CreditOne_Sherman_122019 with such
electronic file ingomnorstedhersia by reference,
ILL OF SALE AND ASSIGNMENT OF RECEIVABLES
FROM MHC RECEIVABLES. LLC. TO FNBM, LL‘
As of December 17, 2019, MHC Receivables, LLC (“Assignor”), for good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, has periodically transferred, has sold, has assigned, has
conveyed, has granted and has otherwise delivered to FNBM, LLC, (“Assignee”) all of its rights, title and interest in
and to (i) the receivables identified and specifically referenced for each of the accounts on an account level basis on
the data file titled CreditOne_Sherman_122019 attached hereto and incorporated by reference as “Exhibit A” ; and
ii) all claims or rights arising out of or relating to the account level receivables (hereinafter the “Receivables”).
With respect to information for the Receivables, Assignor represents and warrants to Assignee that the
business records conveyed to Assignee relating to the Receivables (the “Business Records”), are kept by Assignor in
the regular course of its business. It is in the regular course of business of Assignor for an employee or an authorized
representative with personal knowledge of the act, event, condition, or opinion (collectively “Event”) to be recorded,
to make the appropriate memorandum or recording of the Event at or reasonably near the time of the Event.
Furthermore, Assignor represents and warrants to Assignee that the Business Records are materially complete and
accurate, and thoroughly embody the information in Assignor’s custody and control for the Receivables from their
creation until the time of transfer to Assignee. These representations and warranties are intended to augment any other
representations and warranties the parties may have in place and not supplant any other existing warranties and
representations.
This Bill of Sale and Assignment of Receivables shall serve as an acknowledgment, as ratification, and as evidence:
of the intent of the parties to transfer the Released Receivables referenced herein.
MHC Receivables, LLC
Bea’ Ae’
Mark Rufail, Authorized Representative
EXHIBIT A
ACCOUNT SCHEDULE,
The Accounts that are specifically identified in the electronic file named CreditOne_Sherman_122019 , with such
electronic file incorporated herein by reference.
BILL OF SALE AND ASSIGNMENT OF RECEIVABLES
FROM ENBM, LLC, TO SHERMAN ORIGINATOR DI LLC
On December 17, 2019, FNBM, LLC (“Assignor”), for good and valuable consideration, the receipt of which
is hereby acknowledged, hereby transfers, sells, assigns, conveys, grants and delivers to Sherman Originator Ill LLC
(“Assignee”), all of its rights, title and interest in and to (i) the receivables identified and specifically referenced for
each of the accounts on an account level basis on the data file titled CreditOne_Sherman_122019 attached hereto
and incorporated by reference as “Exhibit A”; and (ii) all claims or rights arising out of or relating to the receivables
(hereinafter the “Receivables”).
With respect to information for the Receivables, Assignor represents and warrants to Assignee that the
business records relating to the Receivables (the “Business Records”) are kept by Assignor in the regular course of its
business. It is in the regular course of business of Assignor for an employee or an authorized representative with
personal knowledge of the act, event, condition, or opinion (collectively “Event”), to be recorded, to make the
appropriate memorandum or recording at or reasonably near the time of the Event. Furthermore, Assignor represents
and warrants to Assignee that the Business Records are materially completeand accurate and thoroughly embody the
information in Assignor’s custody and control for the Receivables from Assignor’s receipt of those Receivables until
the time of transfer to Assignee. These representations and warranties are intended to augment any other
representations and warranties the parties may have in place and not supplant any other existing warranties and
representations.
This Bill of Sale and Assignment of Receivables shall serve as evidence of ownership for any of the
Receivables conveyed hereby.
v4
ENBM, LLC
Dui
Jon maple Authorizéd\Representative
EXHIBIT A
ACCOUNT SCHEDULE
The Accounts that are specifically identified in the electronic file name CreditOne_Sherman_122019 , with such
electronic file incorporated herein by reference.
ILL OF SALE AND ASSIGNMENT OF ACCOUNTS
"ROM MHC RECEIVABLES, LLC TO SHERMAN ORIGINATOR I LLC
On December 17, 2019, for good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, MHC Receivables, LLC (“Assignor”), hereby transfers, sells, assigns, conveys, grants and otherwise
delivers to Sherman Originator I LLC (“Assignee”), all of Assignor’s, rights title and interest in and to (i) the
charged-off accounts identified on an account level basis in the data file named CreditOne_Sherman_122019 (the
“Computer File”), a copy of which is attached hereto and incorporated herein by reference as “Exhibit A”; and, (ii)
certain related account level media or electronic copies thereof (including, but not limited to applications, statements,
terms and condition), and (iii) all claims or rights arising out of or relating to each referenced account (collectively
hereinafter the “Accounts”) including, but not limited to, all claims and rights afforded each account by virtue of that
account’s corresponding terms and conditions.
With respect to information for the Accounts described in the related Computer File, Assignor represents and
warrants to Assignee that the business records relating to: (i) the Accounts owned by Assignor; and (ii) the sale and
assignment of Accounts by Assignor (collectively, the “Business Records”), are kept by Assignor in the regular course
of its business. It is in the regular course of business of Assignor for an employee or an authorized representative with
personal knowledge of the act, event, condition, or opinion (collectively “Event”) to be recorded, to make the
appropriate memorandum or recording at or reasonably near the time of the Event, Furthermore, Assignor represents
and warrants to Assignee that the Business Records are materially complete and accurate and thoroughly embody the
information in Assignor’s custody and control for the Accounts listed in the Computer File from Assignor’s receipt
of those Accounts until the time of transfer to Assignee. These representations and warranties are intended to augment
any other representations and warranties the parties may have in place and not supplant any other existing warranties
and representations.
This Bill of Sale and Assignment of Accounts shall serve as evidence of ownership for any of the Accounts
conveyed hereby.
MHC Receivables, LLC
Mark Rufail, Authorized Representative
EXHIBIT A
ACCOUNT SCHEDULE
The Accounts that are specifically identified in the electronic file named CreditOne_Sherman_122019 , with such
electronic file incorporated herein by reference.
Transfer and Assignment
Sherman Originator II] LLC (“SOLLC III”), without recourse, to the extent permitted by
applicable law, hereby transfers, sells, assigns, conveys, grants and delivers to Sherman
Originator LLC (“SOLLC”) all of its right, title and interest in and to the receivables and other
assets (the “Assets”) identified on Exhibit A, in the Receivable File dated December 03, 2019
delivered by MHC Receivables, LLC and FNBM, LLC on December 17, 2019 for purchase by
SOLLC Ill on December 17, 2019. The transfer of the Assets included electronically stored
business records.
SOLLC, subsequent to the above mentioned transfer, hereby transfers, sells, assigns, conveys,
grants and delivers to LVNV Funding LLC (“LVNV”), the above mentioned Assets. The
transfer of the Assets included electronically stored business records.
Dated: December 17, 2019 Sherman Originator II] LLC
a Delaware Limited Liability Company
By: Ion
Nar : Jon Ma: Z:
Tit ; Director il
Dated: December 17, 2019 Sherman Originator LLC
a Delaware Limited Liability Company
By:
LA)
me: Jackson Walker
jitle: Authorized Representative
Dated: December 17, 2019 LYNV Funding LLC
a Delaware Limited Liability Company
Bys
Name: Daniel Picciano
Title: Authorized Representative
Exhibit A
Receivables File
12.17.19 CreditOne_Fresh_Sherman_122019
Transfer Group Portfolio Transfer Batch
628924 36360 N/A
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Henry Breen ps Ape ote or ee as
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ACCOUNT SUMMARY REPORT
) 11/28/2023 10:00:05 AM
This account summary has been prepared by Resurgent Capital Services on behalf of LVNV Funding LLC. It
is nota credit card or other account statement from the original creditor,
Borrower Information | Current Account Information J
Name: BRETT JOHNSON Owner: LYNV Funding LLC
Address: 202 6th St Resurgent Reference #: 688465638
City: Fairfax ‘Original Creditor: Credit One Bank, N.A.
State: MO Account Number: XQOCOOQOOOKKT
5:14.
Zip Code: 64446-9221 Current Balance Due: $577.90
Date of Last Payment: 03/25/2019
Recent Payment Transactions
No Transactions Found
| Historical Account Information
The original creditor for this account was: Credit One Bank, N.A.
P.O. Box 98873
Las Vegas, NV 89193
The origination date with original creditor was: 14/11/2018
The account charge-off date was: 41/24/2019
The account charge-off amount was: $577.90
The account was acquired on or about: 1217/2019
The account balance at time of acquisition: $577.90
This communication is from a debt collector and this is an attempt to colfect a debt. Any information obtained will
be used for that purpose.
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