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DOCKET NO. FBT-CV-23-6123220S
WELLS FARGO BANK, NA SUPERIOR COURT
JUDICIAL DISTRICT OF
VS. FAIRFIELD AT BRIDGEPORT
MARLIN GOMEZ CRUZ, FEBRUARY 7, 2024
MOTION FOR JUDGMENT AND ORDER FOR PAYMENTS
The Plaintiff respectfully requests Judgment against the Defendant, MARLIN GOMEZ
CRUZ, in accordance with the Practice Book, the Affidavit of Debt attached hereto, and the default
having been ordered by the Court against said Defendant in the above-captioned matter as follows:
Damages: $8,709.49
Attorney’s Fees $1,306.42
Costs: $434.25
TOTAL: $10,450.16
and a weekly order of payments in the amount of $35.00 to commence three (3) weeks from the date
of judgment.
—_—
PLAISIPE
Walter Onacewicz, Esq.
NAIR & LEVIN, P.C.
707 Bloomfield Avenue
Bloomfield, CT 06002
Juris No. 42122
Telephone No. 242-7585
Its Attorneys
CERTIFICATION
I certify that a copy of this document was or will immediately be mailed or delivered
electronically or non-electronically on February 7, 2024, to all attorneys or self-represented parties of
record and that written consent for electronic delivery was received from all attorneys and self-
represented parties of record who received or will immediately be receiving an electronic delivery.
Name and address of each party and attorney that copy was or will immediately be mailed or delivered
to:
MARLIN GOMEZ CRUZ
556 HOLLISTER ST., APT. All
STRATFORD, CT 06615
“)
‘alter Onacewicz
Commissioner the Superior Court
DOCKET NO. FBT-CV-23-6123220S
WELLS FARGO BANK, NA SUPERIOR COURT
JUDICIAL DISTRICT OF
VS. FAIRFIELD AT BRIDGEPORT
MARLIN GOMEZ CRUZ FEBRUARY 7, 2024
BILL OF COSTS
MARSHAL'S FEE: $74.25
ENTRY FEE: $360.00
TOTAL: saaglas
PLAINTIFF
/
4/
Walter Onacewiez; Esq.
NAIR & LEVIN, P.C.
707 Bloomfield Avenue
Bloomfield, CT 06002
Juris No. 42122
Telephone No. 242-7585
Its Attorneys
CERTIFICATION '*
I certify that a copy of this document was or will immediately be mailed or delivered
electronically or non-electronically on February 7, 2024, to all attorneys or self-represented parties of
record and that written consent for electronic delivery was received from all attorneys and self-
represented parties of record who received or will immediately be receiving an electronic delivery.
Name and address of each party and attorney that copy was or will immediately be mailed or delivered
to: wy
MARLIN GOMEZ CRUZ a
556 HOLLISTER ST., APT. Al]
STRATFORD, CT 06615
Walter Onacewicz
:
aCot
comms sioner of the Superior Court
PS0-1368291
DOCKET NO. FBT-CV-23-6123220S
WELLS FARGO BANK, NA SUPERIOR COURT
JUDICIAL DISTRICT OF
VS. FAIRFIELD AT BRIDGEPORT
MARLIN GOMEZ CRUZ FEBRUARY 7, 2024
ATTORNEY'S FEE AFFIDAVIT
STATE OF CONNECTICUT dy.
SS: BLOOMFIELD
COUNTY OF NEW HAVEN )
The undersigned, being duly sworn, deposes and says:
1 am over the age of eighteen (18).
2. JT understand the obligation of an oath.
3 Tam the Attorney for the Plaintiff in the above-referenced matter.
4. Professional services rendered on this file to date are as follows:
DATE SERVICES HOURS
01/23/2023 Receipt and review of file
01/25/2023 Checked Pacer for bankruptcy status
Checked Defense Manpower for military status
01/26/2023 Demand letter sent to debtor
04/04/2023 Reviewed and prepared legal file
04/04/2023 Review of file; made adjustments
Drafted complaint
04/04/2023 Prepared writ, summons and finalized complaint
Prepared letter to State Marshal
04/17/2023 Receipt and review of Return of Service from State Marshal
4/18/2023 Paid Marshal
E-filed Summons, Complaint and Return of Service with Court
07/03/2023 Review of Judicial website — no appearance or answer has been filed
Prepared & e-filed Motion for Default — Failure to Appear. Copy
mailed to Defendant via USPS regular mail
07/03/2023 Review of Judicial website — Motion for Default Failure to Appear
granted
07/03/2023 Prepared and e-filed Certificate of Closed Pleadings, Claim to
Hearing in Damages
07/03/2023 Requested Affidavit of Debt & Military Affidavit from client after
review of file
02/07/2024 Receipt and review of signed Affidavits
02/07/2024 Prepared and e-filed Motion for Judgment, Bill of Costs, Military
Affidavit, Affidavit of Debt and Attorney Fees Affidavit 1.3
9 Hours @ $225.00/Hour = $2,025
5 1 anticipate that additional time will be necessary in pursuing post-judgment efforts.
6 Based on the pre-judgment and post-judgment efforts necessary to bring thjs matter to
conclusion, I believe Plaintiff's request for attorney's fees in the amount of, 00.00) is. reasonable.
ve
Dated at Bloomfield, Connecticut this j day of nye ve 2023
_ SX
AFFIANT.-
Walter Ona cz, Esqui
NAIR & LEVIN, P.C.
Subscribed and sworn to, before me, on chu ow
“s, ly Reyes
Notary Public
My Commission Expires: 8/31/2026
io
oO
sereaanaat
AFEFT OF DEB
Plaintiff: Wells Fargo Bank, NA Case Number: FBT-CV-23-61232208
Defendant(s): MARLIN GOMEZ CRUZ
Account Number Ending In: 7555
I, the undersigned affiant, first being sworn, declare and state as follows:
4, IamaLoan Workout Specialist of Wells Fargo Bank, NA (“Wells Fargo”) and am authorized
to sign this affidavit on behalf of Wells Fargo. If called to testify, I would competently testify
under oath as to the following:
1am over the age of eighteen. As part of my job responsibilities for Wells Fargo I have
personal knowledge of and am familiar with the types of records maintained by Wells Fargo
for the purpose of servicing accounts and procedures for creating those types of records.
‘The information in this affidavit is taken from Wells Fargo’s business records. The records
are: (a) made at or near the time of the occurrence of the matters, (b) recorded by persons with
personal knowledge of the information in the business record and a business duty to report,
or from information transmitted by persons with personal knowledge, and (c) kept in the
course of Wells Fargo’s regularly conducted business activities. It is the regular practice of
Wells Fargo to create and maintain such records. In connection with making this affidavit, I
have acquired personal knowledge of the matters stated herein by personally examining the
business records related to the account (the “Account”) that is the subject of the Complaint
filed in this action,
Defendant(s) entered into an agreement for a Platinum Card Account, wherein it was stated
that by either signing the agreement or using the Account, defendant(s) accepted the
provisions of the agreement. A true and correct copy of the document evidencing the
agreement is attached hereto as Exhibit A.
The Defendant’s(s’) Account ends with 7555. The Account was credited with the last payment
received from the Defendant(s) on 05/11/2022 in the amount of $982.01. A true and correct
copy of the statement evidencing last payment/usage is attached hereto as Exhibit B.
Page 1 of 2
MARLIN GOMEZ CRUZ
Account Number Ending In 7555
LGLCOEO28 (01/2022)
6, The Defendant(s) has/have failed to remit payments due pursuant to the provisions of the
Platinum Card agreement.
As a result of the Defendant’s(s’) failure to remit payments, the balance has been accelerated
making the entire balance due and owing in accordance with the provisions of the agreement.
Wells Fargo is owed the sum of $8709.49. A true and correct copy of the Account’s last
statement reflecting the balance due and owing Is attached hereto as Exhibit C.
Wells Fargo has agreed to pay its attomeys a reasonable fee for services rendered in the
above-styled litigation.
Laffirm, under the penalties of perjury that the foregoing representations are true.
Executed this Od day of € b ‘ , 20 a4}
Z,
LJ
Ppinted Name: Joshua M Staebell
itle; Loan Workout Specialist
STATE OF IOWA
COUNTY OF DALLAS
Signed and sworn to (or affirmed) before me on thi is 2” day of Fel 20. 24y
, personally known to me x _OR produced identificatio 0.
Type of identification produced:
LISA D ROSS
hind
&
Atig
2é Commission Number 845892 Signature of Notary Public
. ° My Commission Expires
February 10, 2026
Page 2 of 2
MARLIN GOMEZ CRUZ
Account Number Ending In 7555,
LGLCOEO28 (01/2022)
Ate)
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Consumer Credit Card Customer
Agreement & Disclosure Statement
Visa® & Visa Signature®
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Interpreter Certification:
sf jot alifornt holders:
To it California customers who have discussed credit
card terms and conditlons with us in Spanish, Chinese,
Korean, Vietnamese, or Tagalog:
Read Sectlon 34 about interpreter certification
before you confirm your credit card.
Lea la Seccién 34 sobre certificacién de
Intérprete antes de confirmar su tarjeta de
crédito.
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PEPHE 34 fA) MARA READ, °
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Basahin ang Seksyon 34 tungkol sa sertipikasyon ng
interpreter bago mo kumpirmahin ang lyong credit
card.
ntact vit Us
greament. This contract for your credit
card account ("Account") includes the Credit Card
Agreement ("Agreement"), the Important Terms of
Your Credit Card Account and future amendments to
this Agreement. This Agreement Is a contract between
Wells Fargo Bank, N.A, and each Account holder, You
and any joint Account holder accept the terms of this
Agreement by using or confirming your Account, Please
read this Agreement carefully and keep it fer your
records,
(2) Definitions
Page 1
conten A.
A rate, shown as a percentage,
used to calculate interest on the
Annual balance on your Account.
Percentage Rate
(APR)
The time period between
billing statements. Each billing
Billing Cycle or statement shows a statement
Billing Period closing date which Is the last day
of the Billing Cycle.
The transfer of a balance from
Balance Transfer
another credit account to your
Account, including the use of
a check that accesses your
‘Account. Your account may not
be eligible for balance transfers.
‘Any cards we Issue to you or any
devices we allow you to use to.
Card ccess credit on your Account,
Use of your Card to get cash.
Cash Advance
Examples include using your card
for Cash Advances through an
ATM, bank teller or Wells Fargo
Online®, Overdraft Protection
advances, Balance Transfers,
or cash-like purchases such as
money orders, wire transfers,
traveler checks, foreign currency,
lottery tickets, casino chips, off-
track wagers, other wagers,
vouchers redeemable for cash or
similar items.
‘A device, other than your Card,
{ike SUPERCHECKS™ and mobile
Credit devices, that we allow you to use
Access Device to access credit on your Account.
“This Is the amount that Is
available for your use.
Credit Limit
‘A summary of your Account’s
APRs, fees and other Important
Important Terms information.
of Your Credit
Card Account
The total amount you owe as ofa
statement closing date.
New Balance
The sum of all unpaid amounts,
including Purchases, Cash
Outstanding Advances, Balance Transfers,
Balance interest, fees and any other
amounts that you may owe us.
The date the Minimum Payment
Is due. It will be at least 25 days
Payment Due from the statement closing date
Date and will be provided on your
billing statement.
Use of your Account to buy or
Purchase
lease goods or services. Cash
Advances, Balance Transfers and
cash-like transactions are not
Purchases. Tax payments and
associated fees are Purchases.
Wells Fargo Bank, N.A.
We, Us, and Our
The Account holders) who
You and Your
opened the Account.
Page 2
(3) Contacting You. You agree that we have your
consent to contact you at any phone number, emall
address, or malling address you provide for any Wells
Fargo account or at any number that you call us from
or at any number that we obtain by other means. If
you provided a phone number, you agree that you
‘own or are authorized to provide that number, and
you understand that you shall Indemnity us for any
costs and expenses, Including reasonable attorneys’
fees, Incurred as a result of us attempting to contact
you at the number(s}. Your consent allows us and
any companies working on our behalf to service your
account, to use any means to contact you Including:
automated dialing devices, prerecorded/artificlal
volce messages, mall, e-mall, text messages, push
notifications, and calls to your cell phone, or any
other data or volce transmission technology. You
are responsible for any service provider charges you
may Incur as a result of us contacting you by any
means, whether such charges are related to text, data,
equipment or other plans. You will promptly notify
us if you change any contact Information, Including
or
your name, maiting address, e-mail addresses,
phone numbers. If you have a jolnt Account, a notice
to one of you will serve as a notice to both of you, We
may use volce recognition technology to verify your
Identity when you call. We may capture and store your
voiceprint for this purpose. We may monitor and record
any calls between you and us.
a os 4
Usi yOu ccoul
4 Ing¥' F Account. You may use your consumer
credit card Account for Purchases, Balance Transfers,
Cash Advances and any other transactions we allow.
You promise to use your Account only for awful
personal, family, or household purposes. We reserve
the right to deny transactions or authorizations from
merchants who may be engaging in the Internet
gambling business, We are not responsible for anyone
who refuses to accept your Card or any other Credit
Access Device, We may decline any transaction at
any me. Your credit card may not be used to make a
payment on any other Wells Fargo credit account.
Cash Advances from ATMs, Cash Advances from
ATMs may be limited by amount or frequency. The ATM
owner may have additional restrictions, If the ATM
owner charges any fee, that fee will be Included as part
of the total Cash Advance amount.
Cash Advances for Overdraft Protection. You may
elect to have an automatic Cash Advance from your
Account to cover an overdraft on a linked Wells Fargo
checking account. To cover an overdraft on a linked
Wells Fargo checking account, we will advance the
greater of
* the amount of your overdraft; or
+ $25.00
Except if
* the amount of available credit on your Card is
fess than the amount of the overdraft or less
than $25.00, we will then advance the amount of
available credit.
The APR that applies to overdraft protection advances
{s listed In the Important Terms of Your Credit Card
Account. Overdraft protection advances and Interest
may cause your Account balance to exceed your credit
Page 3
limit, If there Is more than one person listed on the
checking account (such as a joint checking account)
. atYouadvances
you have tinked for overdraft then:
protection,
will be responsible for all overdraft protection
regardless of which person writes the
check or engages in any other transactlon (such as
a debit card purchase) that causes the overdraft;
an
You agree to allow us to disclose to any other
person on your checking account, that this Card
Is finked to your checking account for overdraft
protection.
We reserve the right to cancel, suspend, or change
your overdraft protection service at any tlme, for any
reason,
Credit Access Devices. SUPERCHECKS, If available,
can be used to access your Account similar to writing a
check on a deposit account, SUPERCHECKS checks will
post as a Balance Transfer. They will Include transaction
fees and interest.
Some restrictions apply to SUPERCHECKS:
. ‘They may not be written as payment on any Wells
Fargo account.
. They may be used only by the person whose name
Is printed on the check.
. They must be written In U.S, dollars.
They cannot be certified.
You cannot file a claim against the bank when you
have a dispute with a merchant about payment a
for property or services that you pald for using
SUPERCHECKS check.
‘We reserve the right to put conditions on the use
‘of SUPERCHECKS checks and to reject, decline and
retum unpaid any SUPERCHECKS check or advance
at our discretion.
Third Party/Mobile Devices, You or an authorized
user may be permitted to load your credit card to
an app on a smart phone, tablet or other electronic
device, such as, through a mobile watlet, which could
be used for purchases or other transactions without
presenting the card. Any such Transactions are covered
by this Agreement. We have no control over the device
and cannot guarantee the performance of the device.
Additionally:
. You should protect the security of the device
the same as your credit card or other valuable
information.
There may be third party fees related to the
transaction such as moblle carrier data or
messaging charges.
We may, at any time, partially or fully restrict your
ability to make credit transactions through a third
party/mobile device, You agree to notify us promptly
if you remove or want to remove your Account
Information from any third party/moblle device.
(5) Authorized Users. If you wish to have an
additional Card Issued In another person's name,
please contact us and we will send you a Card with the
name of the authorized person embossed on the front
of the Card, You are responstble for payment of the
entire amount owed to us, including any Purchases,
Page 4
Balance Transfers or Cash Advances (and all related
Interest and fees) made by the authorized person.
Ending Authorized User Privileges. If you want to
end an authorized user's privilege to use your Account,
you must:
. Recover and destroy that person's Card. If you do
not, you will continue to be Hable for any charges
made, even If you've advised us of your wish to
cancel the privileges, unless you tell us to cancel all
Cards and establish a new Account for you.
You must notify us of your request by contacting
us at the number on the back of your Card or by
mail at Wells Fargo Bank, N.A., P.O. Box 10347, Des
Moines, IA 50306-0347.
In general, an authorized person Is not obligated on
thls Account and is not (lable for any Outstanding
Balance or any other charges made by you or by any
other authorized person. In the event of the death of
all fully liable cardholders, authorized users' privilege
ends automatically. After that, tf any person uses
the Card, such use Indicates his or her agreement
to pay us, and we may, at our discretlon, pursue the
person for payment of any Outstanding Balance or
any other charges they authorize. You agree to notify
each authorized person that they are subject to all
applicable sections of this Agreement.
Information about Authorized Users. You agree
to give us certain personal Information about each
authorized user, You must have permission from each
authorized user allowing you to give us that personal
Information, This may include name, address, social
security number / Individual Taxpayer Identification
Number, date of birth and citizenship.
(6) Lost or Stolen Cards and Liability for
Unauthorized Use, and Zero Liability Protection.
You must notify us Immediately f your Card or
account Information is lost or stolen, or If you believe
It's belng used without your permission. You may
contact us by phone at 800-642-4720 or In writing
at Wells Fargo Bank, .A., P.O. Box 10347, Des
Moines, JA 50306-0347. You agree to assist us In our
Investigation of the matter. If you do this and we find
you not responsible, you will not be held Ilable for the
unauthorized use of your Account.
(7) Promise to Pay. When you use your Account or
let someone else use It, you promise to pay the total
amount of the Purchases, Cash Advances, and Balance
Transfers, plus all Interest, fees and other amounts that
you may owe us. We may limit or close your Account,
but the terms of this Agreement will apply until you
pay the Account In full.
(8) Credit Limit. We may assign the following limits
to your Account:
Cash Advance Limit. We may restrict the amount of
your credit Ilmit that can be used for Cash Advances.
Your total credit limlt wilt be provided with your Credit
Card and shows on each of your billing statements.
You promise to use your Account only to the flmits. If
you exceed your total credit limit, we may allow the
transaction without Increasing your total credit limit
or deny the transaction. If we allow the transaction,
we may treat that over limit amount as due with the
minimum payment on your next statement. If you
Page 5
exceed the limits, you will still remain table for all
credit you receive, We can adjust your credit fImit at
any time, including automatic credit tine increases for
those who quailty.
(9) Authorizations. We don't guarantee approval of
transactlons. We reserve the right to deny transactions
for any reason, such as account default, suspected
fraudulent or unlawful activity, Internet gambling,
or any Indication of increased risk related to the
transaction. If you engage In abuse, misuse or gaming
In connection with earning or using points or attempt
to do so, we may close or restrict your Wells Fargo
credit card(s). Abuse, misuse or gaming Includes,
but Is not IImited to, making multiple purchases and
ultiple payments during a billing cycle whereby the
dollar amount for each purchase in the aggregate
substantlatly exceeds your credit Ilmit. We also may
{mit the number of authorizations we allow during a
period of time,
Transactions at some merchants (such as hotels, car
rental companies, restaurants, and gas statlons) may
result In temporary authorizations for amounts greater
than the actual Purchase amount, This will make fess
credit available on your Account for several days,
usually until the date the actual Purchase amount Is
recelved from the merchant,
If you glve your credit card Information to a merchant:
to bill your account for recurring payments, or to
keep it on file for future purchases or payments,codeand
your card number, expiration date, or security
changes, you should notify the merchant with your new
card information. Some card networks provide update
services and recelve updated card information from
Wells Fargo. Merchants that participate In such services
will receive updated card Information from the network
for credit cards that you have provided to the merchant
for recurring or future purchases or payments. We
cannot tell you which merchant will recelve updated
card Information when your card Information changes.
You should always provide each merchant with your
new card Information because some merchants do not
subscribe to such network services.
Chi > ‘his men
(10) Change In erms. We ma y change this
Agreement at any time, These changes may apply to
existing and future balances. We will give you advance
written notice of the changes and a right to reject the
changes If required by law. We may require you to
close your Account or take other actions if you reject
the changes,
“4
ee: nd Tn rest
‘aes. The following fees may apply to your
account. If they do apply, you will find the amount In
the Important Terms of Your Credit Card Account, You
agree to pay any fees that apply.
* Annual Fee. If your account has an annual fee It will
be charged each year your account Is open, The
annual fee will not be billed after your Account Is
closed.
Balance Transfer Fee. This fee may be charged on a
Balance Transfer transaction.
Cash Advance Fee. This fee may be charged on a
Cash Advance from your Account.
Page 6
* Foreign Currency Conversion Fee. If you make a
transaction In a forelgn currency, Visa will convert
it Into a U.S, dollar amount. A forelgn currency
conversion fee may be charged when this Is done.
Late Fee. This fee may be charged each time we do
not receive the required Minimum Payment due by
the Payment Due Date.
Rush Plastic Fee, This fee may be charged If you
requested expedited delivery for your credit card.
Additional fees may be charged If agreed between you
and us. All fees will be added to the Purchases balance,
except Cash Advance fees which will be added to the
Cash Advance balance on your Account.
(12) Foreign Currancy Transactions.
If you make a transaction in a currency other than U.S.
dollars using a Visa Card, then Visa International "Visa"
will convert the charge into a U.S, dollar amount. The
exchange rate between the transaction currency and
al
the billing currency used for processing Internationfrom
transactions Is either (a) a rate selected by Visa
the range of rates avallable In wholesale currency
markets for the applicable central processing date,
which rate may vary from the rate Visa itself receives,
or (b) the government-mandated rate In effect for
the applicable central processing date. The currency
from
conversion rate for the processing date may differ the
the rate In effect on the date of the transaction or
date the transaction ts posted to your Account.
Point of Sale Conversion, Some merchants outside
the United States offer cardholders the option of
having Card transactions converted to U.S. dollars by
Visa, as described above, or by the merchant Itself. If
the latter option Is chosen, the currency conversion
rate Is determined solely by the merchant Involved in
the transaction, and no foreign currency conversion fee
fs charged by the bank for the transaction.
(43) Rates, The following sections describe how we
calculate the Interest you owe each Billing Period. The
Important Terms of Your Credit Card Account tist the
APRs that apply to different types of balances.
Introductory Rates. Your account may be eligible
for introductory rates. This would be described In the
Important Terms of Your Credit Card Account. If you
are offered a promotional rate after your account Is
opened, the terms will be provided at that time, After
any Introductory or promotional rates expire, the
remaining balances will be subject to the applicable
Standard or Standard Variable APR terms.
How we Calculate your Standard Variable APRs.
If your account has a varlable rate the APR will vary
based on the U.S. Prime Rate plus the applicable
"Margin". See the Important Terms of Your Credit
Card Account for the "Margin" on Purchases, Balance
Transfers, Cash Advances, and overdraft protection
advances, and datly perlodic rates that apply to your
Account. For each Billing Period, we use the U.S. Prime
Rate or the average of the U.S, Prime Rates (If there
Is more than one) published In the "Money Rates”
column of The Wal! Street Journal three business days
prior to your billing statement closing date. If the U.S.
Prime Rate Is no fonger published or ts not available,
we may select a similar Index. A change in the APR
Page 7
may Increase or decrease the total amount of Interest
you pay and your Minimum Payment due. If the APR
changes due to a change In the U.S, Prime Rate, the
new APR will apply to both existing and future balances
‘on the first day of your Billing Cycle. The APR will
continue to vary even if your Account is closed.
Standard APRs. If your Account is subject to
Standard APRs, the Standard APRs will not vary with
the market based on the U, S. Prime Rate, However,
we may change the Standard APRs from time to time
In accordance with the Change In Terms Information
described In section 10. The rates that apply to your
account are fisted In the Important Terms of Your
Credit Card Account.
Dally Periodic Rates. The dally perlodic rates are
calculated by dividing each applicable APR by 365.
(14) Minimum Interest Charge. Your account may
have a Minimum Interest Charge. See The Important
‘Terms of Your Credit Card Account for the applicable
charge.
(45) When we Charge Interest. For most
transactions, Interest will be charged beginning on
the date a transaction Is made on your account. We
charge Interest on a fee beginning on the first day of
the Billing Cycle following the Billing Cycle In which the
fee posted to your Account.
(16) Here's how and when specific Transactions,
fees and credits are applied:
. We add the amount of a Purchase or Balance
Transfer to the Purchase balance as of the
transaction date shown on your statement,
We add Balance Transfer fees to the Purchase
balance as of the transaction date shown on your
statement.
We add the amount of a Cash Advance to the Cash
Advance balance as of the transaction date shown
‘on your statement.
We add Cash Advance Fees to the Cash Advance
balance as of the transaction date shown on your
statement.
We add the amount of any Overdraft Protection
advance to the Cash Advance balance as of the
transactlon date shown on your statement,
(17) How we Calculate Interest. We begin by
calculating the dally balance of each Transaction
category. Next we calculate the Average Dally Balance
(ADB). Finally, we calculate the interest. See each
section below for detalis.
1, Calculating the daily balance: the daily balance Is.
calculated separately for each Transaction category.
We start with the dally balance from the end of
the previous day. We add In any new Transactions
and other charges, Including Interest accrued on
the previous day's balance. ‘This means Interest Is
compounded daily. We then subtract any payments
or credits.
Example for the Purchase Transaction category:
Dally balance for purchases from the previous day
+ New purchases
+ Fees and Interest accrued on the previous day's
‘Transaction category balance
Page 8
~ Payments, credits and adjustments that posted
that day
= New daily balance for Purchases
Calculating the Average Daily Balance (ADB):
we add up all the dally balances for the Billing Cycle
starting with the beginning balance of the first day
of the Billing Cycle, This beginning balance will
include any unpaid fees from the previous Billing
Cycle and any late fees Incurred during the current
Billing Cycle. Any daily balance that Is a credit
balance Is treated as zero. We divide this amount by
the number of days in the Billing Cycle.
ADB = sum of dally balances + number of days in
the Billing Cycle
Interest Calculation: we calculate the interest
charge for each type of balance by applying the
dally periodic rate to the ADB and multiplying this
by the number of days In the Billing Cycle.
Interest Charge = daily perlodic rate x ADB x
number of days in Billing Cycle
(18) Grace Period. To avold paying interest on new by
Purchases you have to pay your entire New Balance
the Due Date on your statement each Billing Perlod.
You cannot avold Interest on Cash Advances or Balance
Transfers. Your due date will be at least 25 days from
the statement closing date and will be provided on
your billing statement.
os
Billing Statements And Pa men ce on
(19) Billing Statements. a bali
your account you will receive a billing statement. Your
biliing statement will show your Minimurn Payment due
and the Payment Due Date.
(20) Payments. You may pay all or part of your
Account balance at any time, but you must pay the
Minimum Payment, disclosed on your billing statement,
by the Payment Due Date.
imum Payment, Your Minimum Payment Due
includes any amount past due plus the greater oft
1. ‘The sum of late, rush plastic, and annual fees and
interest billed during the Billing Cycte for which the
Minimum Payment Is calculated plus 1% of the New
Balance shown on the billing statement; or
2. $25.00 (or the entire balance on the Account if the
New Balance Is less than $25.00).
We require you to pay any amount over the limit of
your credit card account. However, that amount Is not
Included In your Minimum Payment Due.
The Minimum Payment Is rounded-up to the next
highest whole dollar amount, Credits will not be used
to meet the MinImum Payment,
Payment Instructions. Follow these instructions
when making a payment:
1, You must pay In U.S. dollars.
2. Payment must be made with a personal check,
money order or cashier's check and must be issued
by a bank In the United States.
Page 9
3. Blectronic payments are accepted.
4. Do not mail cash.
If you mall your payment, please mail to the payment
the
address provided on your billing statement using
envelope and payment coupon enclosed. Payments
recelved by 5:00 p.m. at the location your payment Is
mailed to will be credited as of the date of recelpt. If
recelved after 5:00 p.m. they will be credited on the
following day. Payments made through Wells Fargo
Online at wellsfargo.com will be credited based on the
cutoff time disclosed at the time of the transaction. If
you do not follow these Instructions your wepayment may
not be credited for up to five days after recelve It.
Checks or other paper documents may be converted
to an electronic transaction through procedures
established by the Natlonal Automated Clearing House
Association. In thls case, the orlginal check or other
document that you send to us will not be retained, but
a copy would be available if requested.
Some of your avaltable line of credit may be held, at
our discretion, until your payment ls honored,
You cannot pay thls account using a Wells Fargo Bank,
N.A. credit or loan account or any Wells Fargo affiliated
company credit or loan account, You cannot use any
SUPERCHECKS checks to make any payment on this
Account,
Generally, we will apply your Minimum Payment first
to lower APR balances (such as Purchases) before
balances with higher APRs (such as Cash Advances),
Payments made in excess of the Minimum Payment will
be applied to balances with higher APRs first before
balances with lower ones.
We post payments to the Billing Cycle within which
they are recelved, Any payment In excess of the
Minimum Payment due Is applied based on the
balances reflected on your last billing statement.
Irregular Payments. If you Intend to pay your
Account in full with an amount less than the
Outstanding Balance, payments must be sent to:
Wells Fargo Bank, N.A., P.O, Box 10311, Des Moines,
JA 50306-0311. Please note that If we accept such
Payments we have every right to pursue full payment,
“ “a
other Im ‘tant
tan Information
(24) Defa' 7 Tmme diate Repayment of Balance
in Fuil, Your Account will be In default, and we mayif:
require Immedlate payment of your total Account
. You fall to pay a Minimum Payment by the Payment
Due Date;
. Any payment Is returned;
. You don't honor the terms of this Agreement;
. You made an untrue statement on your
application; OR
. You file for bankruptcy.
If this Is a joint Account, a default by one of you will be
a default by all of you.
We may prevent further transactions and we may close
your Account and other Wells Fargo Accounts. If your
account Is in default you agree to pay our collection
Page 10
costs, attorney's fees, and court costs Incurred In
enforcing our rights under this agreement.
(22) Re-Verification of Credit Information. We can
review any Information you provided on your credit
application at any time. This may Include:
+ Requesting credit bureau reports;
* Verifying your current credit standing;
* Verifying your employment, assets and Income
records.
(23) California Residents. We may also obtain
information at any time from the California Department
of Motor Vehicles. You agree to walve the address
confidentiality requirements section of the California
Vehicle Code (Section 1808.21).
(24) Cancellation, We may close your Account at
any time and for any reason. You may also close the
Account at any time. If that happens, you must still
repay the balance owed according to the terms of this
Agreement, Joint Accounts may be canceled by elther
Account Holder. If we close the account, notice may be
provided to only one Account Holder.
(25) Separation of Untawful Provisions. If
any provision of this Agreement is found to be
unenforceable, all other provisions of the Agreement
will remain In effect.
(26) Enforcement Rights. We may walve or delay
enforcing any of our rights without losing them. A court
decree for divorce or separation or an out-of-court
mutual agreement does not affect any of our rights to
enforce this Agreement.
(27) Phone Monitoring. We may monitor and record
any of your phone calls with us.
(28) Information Reporting. We may report
Information about you to consumer reporting agencies.
‘The Information that we report to consumer reporting
agencles may include:
. ‘Account history;
. Account performance;
. Account status;
. Any viotatlons of your account; and
. Any violations of the terms of this Agreement.
‘The same Information may be reported to the
consumer reporting agencies for any additional
card holders. You may dispute the accuracy of the
information that we report to consumer reporting
agencies by writing to us at Wells Fargo Bank, N.A.,
P.O, Box 14517, Des Moines, JA 50306-3517. Please
describe the information in detail that you betleve Is
Inaccurate and provide any supporting documents
with your dispute, If your dispute retates to identity
theft, you will need to provide us with an Identity theft
report,
(29) Assignment. We may assign your Account and
any or all rights and obligations under the Agreement
to a third party. You may not assign your Account or
any of your obligations under the Agreement.
(30) Governing Law. Federal law and the laws
of South Dakota govern this Agreement and your
count.
Page 11
Arb! ratio
(31) Dispute Resolution Program: Arbitration
Agreement.
a, Binding Arbitration. You and Welts Fargo Bank,
NLA. (the "Bank") agree that If a Dispute arises
between you and the Bank, upon demand by elther
ou or the Bank, the Dispute shall be resolved by
the following arbitration process, The foregoing
notwithstanding, the Bank shall not Initiate an
arbitration to collect a consumer debt, but reserves
the right to arbitrate all other disputes with Its
consumer customers, "Dispute" Is any unresolved
disagreement between you and the Bank, It includes
any disagreement relating in any way to the Card or
related services, Accounts, or matters; to your use
of any of the Bank's banking locations or facilities;
or to any means you may use to access the Bank.
Tt includes claims based on broken promises or
contracts, torts, or other wrongful actions. It also
Includes statutory, common law, and equitable ts
claims. A Dispute also Includes any disagreemen
about the meaning or application of this Arbitration
Agreement. This Arbitration Agreement shall survive
the payment or closure of your Account. YOU
UNDERSTAND AND AGREE THAT YOU AND THE
BANK ARE WAIVING THE RIGHT TO A JURY
TRIAL OR TRIAL BEFORE A JUDGE IN A PUBLIC
COURT. As the sole exception to thls Arbitration
Agreement, you and the Bank retain the right to
pursue In small clalms court any Dispute that is
within that court's jurisdiction. If elther you or the
Bank fails to submit to binding arbitration following
lawful demand, the party so failing bears all costs
and expenses incurred by the other in compelling
arbitration.
Arbitration Procedure; Severabllity. Either
you or the Bank may submit a Dispute to
binding arbitration at any time notwithstanding
that 3 lawsult or other proceeding has been
previously commenced, NEITHER YOU NOR
THE BANK SHALL BE ENTITLED TO JOIN OR
CONSOLIDATE DISPUTES BY OR AGAINST
OTHERS IN ANY ARBITRATION, OR TO.
INCLUDE IN ANY ARBITRATION ANY DISPUTE
AS A REPRESENTATIVE OR MEMBER OF A
CLASS, OR TO ACT IN ANY ARBITRATION IN
THE INTEREST OF THE GENERAL PUBLIC OR’
IN A PRIVATE ATTORNEY GENERAL CAPACITY.
Each arbitration, Including the selection of the
arbitrator(s), shal