Preview
Electronically Filed
l 2/23/2024 8:58 AM
Superior Court of California
2 Donald Sherrill #266038 County of Stanislaus
Alexander Balzer Carr #33 8024 Clerk of the Court
3 HUNT & HENRIQUES, LLP By: Dora Perez, Deputy
7017 Realm Dr., San Jose' CA 95119
Telephone: (800) 6802426
Facsimile: (408) 362-2299
5 Attorneys for Plaintiff
File no. 1547485001 $181 PAID
6 CA Debt Collection License No. 1013699
7
SUPERIOR COURT OF CALIFORNIA, COUNTY OF STANISLAUS
9 Modesto City Towers
10 CV-24-001465
Portfolio Recovery Associates, LLC Case N0.
11
Plaintiff, ..
COMPLAINT FOR:
._
12
vs. (1) Account Stated
l3 (2) Open Book Account
HUNT & HENRIQUES, LLP
SAN JOSE CALIFORNIA 95119
TELEPHONE: (800)680-2426
FACSIMILE: (408) 362-2299
14 PRAYER AMOUNT: $1,864.01
7017 REALM DR.
15
ARELI GARCIA LIMITED CIVIL
Amount demanded does not exceed $10,000
l6
Defendant(s).
'17.
18
Plaintiff, Portfolio Recovery Associates, LLC, ("Plaintiff"), alleges:
19
1. Plaintiff is a limited liability company.
20
2. This court is the proper court because Plaintiff is informed and believes that
21
Defendant, ARELI GARCIA ("Defendant"), is a resident of STANISLAUS County, State of
22
California.
23
3. At all times herein mentioned, Defendants, and each of them, were the principals,
24
"agents, employers, employees, masters, or servants of each of their co-defendants and ratified,
25
adopted or approved the acts or omissions alleged herein, and each defendant, in doing the things
26
alleged, were acting in the course and scope of said authority of such agents, servants, and
27
employees.
28 Speiller, Stacy
Tm-unaneenasameumdtuge
Dept. 22
Damn-um .malpupusesmmmgmal
COMPLAINT
Page 1
A l 1547485001
l 4. This suit concerns a credit account that was purchased by Plaintiff after January 1,
2 2014 and, therefore, is subject to California Civil Code § 1788.50, et seq.
3 COMPLIANCE WITH CIVIL CODE § 1788.50, et seq.
4 Pursuant to California Civil Code § 1788.58(a)(1)-(9):
5 5. Plaintiff is a debt buyer.
6 6. SYNCHRONY BANK issued a credit account to Defendant. Defendant used, or
7 authorized the use of, the credit account to make purchases and/or transactions. Defendant
received periodic billing statements for the credit account. Defendant defaulted in making the
9 required payments. Subsequently, Plaintiff was assigned and transferred all right, title and
10 interest in the credit account.
11 7. Plaintiff is the sole owner of "the credit account at issue, or has authority to assert
12 the rights of all owners of the debt.
13 8. The balance at charge-off was $1,905.01. Plaintiff is not seeking to recover any
HUNT 8: HENRIQUES, LLP
SAN JOSE CALIFORNIA 95119
TELEPHONE: (800) 680-2426
FACSIMILE: (408) 362-2299
14 post charge-off fees or interest.
7017 REALM DR.
15 9. The date of last payment on the credit account was on August 16, 2022.
16 10. The name of the charge-off creditor is SYNCHRONY BANK and. the account
l7 number of the charge-off creditor ended in 6274. An address SYNCHRONY BANK maintained
18 at the time of chargeoff was:
19 170 E ELECTION RD
20 DRAPER UT 84020.
21 11. The name and last known address that the charge-off creditor had for Defendant
22 is:
ARELI GARCIA
23
505 KIMBLE ST
24
MODESTO CA 953540428.
25
12. The subject credit account has been purchased by the following entity after
26
charge-off: Portfolio Recovery Associates, LLC who maintains an address at 120 Corporate
27
28
COMPLAINT
Page 2
A 1 1547485001
l Blvd., Norfolk, VA 23502.
2 13. Plaintiff has complied with the requirements of Civil Code section 1788.52.
Notably, section 1788.52(a)(7) requires that Plaintiff possess the California debt buyer license
4 number when making any written statements to a debtor in an attempt to collect a consumer debt.
The legislation that created this requirement also stated that the licensing provisions shall
become operative January l, 2022, and that a debt collector that submits an application prior to
7 January l, 2022 may operate pending the approval or denial of the application.
14. Attached hereto as Exhibit A is a true and correct copy of the most recent monthly
9 statement recording a purchase, payment or balance transfer prior to charge off.
10 FIRST CAUSE OF ACTION:
11
ACCOUNT STATED
12 15. Plaintiff alleges and incorporates by reference the foregoing paragraphs.
13 l6. Within the last four years, an account was stated in writing between Defendant
HUNT 8: HENRIQUES, LLP
SAN JOSE CALIFORNIA 95119
TELEPHONE: (800) 680-2426
FACSIMILE: (408) 362-2299
14
-
and'SYNCHRONY BANK, and on the account a balance of $1,864.01 was 'stated to be due to
7017 REALM DR.
15 SYNCHRONY BANK from Defendant. Defendant expressly or impliedly agreed to pay
"
ml 6 SYNCHRONY BANKflthatbalance. _Attached hereto as Exhibit B isma true and correct copy of af. 7.1""
17 billing statement showing the balance due and owing of $1 ,864.01 .7
18 l7. Before the commencement of this action, Plaintiff was assigned the credit account
19 and indebtedness. Plaintiff is now the owner and holder of the credit account.
20 18. Plaintiff has made demand on Defendant for repayment of the credit account, but
21 Defendant has failed to pay the balance due.
22 19. Payments, set-offs, credits or allowances, if any, at or after charge off, have been
23 posted to the credit account.
24 20. The current balance presently due and owing is $1,864.01.
25 SECOND CAUSE OF ACTION:
OPEN BOOK ACCOUNT
26
27 21. Plaintiff alleges and incorporates by reference the foregoing paragraphs.
28
COMPLAINT
Page 3
A l 1547485001
l 22. Within the last four years, Defendant became indebted to SYNCHRONY BANK
2 on an open book account for money due in the sum of $1,864.01 for money lent, paid, laid out,
3 and/or extended to or for Defendant at Defendant's special instance and request and for which
4 Defendant agreed to pay the above sum.
5 23. Before the commencement of this action, Plaintiff was assigned the credit account
6 and indebtedness. Plaintiff is now the owner and holder of the credit account.
7 24. Plaintiff has made demand on Defendant for repayment of the credit account, but
Defendant has failed to pay the balance due.
9 25. Payments, set-offs, credits or allowances, if any, at or after charge off, have been
10 posted to the credit account.
11 26. The current balance presently due and owing is $1,864.01.
12
13 WHEREFORE, Plaintiff prays for judgment against Defendant as follows:
HUNT & HENRIQUES,'LLP
SAN JOSE CALIFORNIA 95119
TELEPHONE: (800) 680-2426
FACSIMILE: (408)362-2299
14 1.
'
For the current balance presently due and owing Ohm-1,864.01;
7017 REALM DR.
15 2. Costs of suit; and
16 3.1;: Any'SUCh,Other relief as the Court may deem just and proper.
17 Dated: February 5, 2024
By:
18 Alexander Balzer Carr #338024
HUNT & HENRIQUES, LLP
19 Attorneys for Plaintiff
20
21
22
23
24
25
26
27
28
COMPLAINT
Page 4
A 1 1547485001
EXHIBIT A
PayPaI
CREDIT Need More Information?
Statement Closing Date: 03/2412: View your account online at paypai.com
Days in 3""09 Peri": 31 Or call 1-844-373-4961 8 AM ET to 11 PM ET
Account Numbe: _ 6274
Mon-Fri and 9 AM ET to 9 PM ET Sat-Sun
Customer Name: ARELI GARCIA
ACCOUNT SUMMARY PAYMENT INFORMATION
Previous Balance $1 ,032.68 New Balance $1,390.06
Payments 5. Credits $29.00 Minimum Payment Due $29.00
Purchases & Adjustments $369.86 Payment Due Date 09I16I22
Fees $0.00 Amount to avoid Standard and Deferred hterest
INTEREST CHARGES $16.52 on your next statemenl: $858.83
New Balance 3 1 .390 .06
See Reverse
Late Payment Warning: If we do not receive your minimum payment
Credit Limit 5 1 .400 .00 by 09/16/22, you may have to pay a late fee of up to $40.00.
Available Credit $9.00 Minimum Payment Warning: lfyou make only the minimum
payment each period, you will pay more in interest and it will
lake you longer to pay off your balance. For example:
Help protect your PayPal Credit account balance when you If you make no more 'wlll payoff the And you will and up paying
purchase Payment Security. Payment Security can cover your charges' uelng fl'fl'" nee ilioWn on flhls engeellmahd total 'of
minimum monthly payments or entire balance up to $10,000 if account Ind 98th statement ln'nbo'm-
a qualifying life event occurs. Learn more at monm you pay.
www.paypaI.oomlpaypal-creditpayment-security.
Only the minimum 9 Years $3,294.00
Payment
$57.00 3 Years $2,045.00
(Savinqs = $1 249.00
If you would like information abom credit counseling services. call
1 877-302-8775.
PROMOTIONAL EXPIRATION NO11FICATION
YOU HAVE A DEFERRED INTEREST PROMOTION(S) EXPIRING. YOU MUST PAY EACH DEFERRED INTEREST
PROMOTIONAL BALANCE IN FULL BY ITS EXPIRATION DATE TO AVOID PAYING ACCRUED INTEREST CHARGES. PLEASE
SEE THE DEFERRED INTEREST CALCULATION SECTION ON THIS STATEMENT FOR FURTHER DETAILS.
C U RRENT ACTIVITY
PAY ME NTS & CREDITS
Tran Date Posting Data Reference Number Description _ , Amount
08/16/22 08/1 6/22 P928300KM01 HR4QZP Onllne Payment Thank You $29.00
Alpharetta Ga _
Total Payments & Credlb $29.00
PURCHASES &ADJ USTM FNYS
Tran Date Posting Date Reference Number Type Description Amount
08/01/22 08/0 1/22 P928300K7EHM6364E Standard DOORDASHINC $21. 89
08/03/22 08/03/22 P928300K8EHM6KX2A Standard DOORDASHINC 531.22
08/03/22 08/03/22 P928300K8EHM6KX2W Deferred CITYMODESTO No Interest If Paid In Full $180. 06'
08/1 2/22 08/1 W22 F928300KJEHM6JW7 F Standard DOORDASHINC 560.99
08/14/22 08/1 4/22 P928300KKEHMSGQMN Standard DOORDASHINC $42. 77
08/21/22 (Wm/22 P928300KSEHMSGWBT Standard DOORDASHINC $32. 93
Total Furchesesfl. Adjustments $369.86
Currant Activity Continued On Next Page
NOTICE: We may convert your payment into an electronic debit. See reverse for details. Billing Rlghts Information and other important information
6128 ABJ 00). 7 21 220824 0 PAGE 1 of 3 1 D 9283 1000 PPDS 01216123
PayPaI Account Number: 6274
CREDIT New Balance:
Payment Due Date:
$1,390.06
09/16/22
Make Check Payable to PayPal Credit Minimum Payment Due: $29.00
Return 0115 portion with your payment.
Write your account number on your check.
Amount Enclosed., 5
To receive electronic statements or make
online payments visit paypal.com
PAYPAL CREDIT/SYNCB ARELI GARCIA
PO BOX 960006 505 KIMBLE ST
ORLANDO. FL 32896-0006 MODESTO CA 95354-0428
Statement
9'°Sing.
Date: 08M22 View your account online at paypal.com
31 Or call 1-844-3734961 8 AM ET to 11 PM ET
gays
ccoun
Intlifhngbpenodi
urn er: 62" Mon-Fn and 9 AM ET to 9 PM ET Sat-Sun
.
Customer Name: ARE" GARCIA
CURRENT ACTIVITY (continued)
INTEREST CHARGED
Tran Date Poetlng Date Ducrlptlon Amount
08/24/22 08/24/22 Interest Charge on Purchases -£1 6.52
Total Interest $16.52
2022 Tabla Yoar-To-Dlu
Total Fees Charged in 2022: 50.00 Total Interest Charged in 2022: $41.95
INTEREST DETAILS
INTEREST CHARGE CALCULATION Your Annual Percentage Rate (APR): the annual Interest rate on your account.
Balance Type Annual rul ,
B ' Subject to
Interest Rate
Interest Charged Current Balance
Rate(APR)
Standard Purchases 25.49% (v) 3 762.80 316. 52 $856. 83
PayPal Send Money Cash Advances 25.49% (v) 50. 00 $0.00 $0.00
(v)=Van'abIe Rate
DEFERRED INTEREST CALCULATION
Promotlon Type Postlng Annual Percentage Explratlon Monthly Accrued Total Accrued Deferred Interest
Date Rate(APR) Date Deferred Interest Deferred Interest Balance
No Interest If Paid In Full 04/27/22 25.49% v) 1 1/1 6/22' 33. 84 $14.39 31 75. 71'
No Interest If Paid In Full 04/29/22 25.49% v) 11/16/22' 32. 19 $8.06 $100.00I
No Interest If Paid In Full 06/08/22 25.49% it) 12/16/22' $1.69 .54. 16 $77.46'
No Interest If Paid In Full 06/03/22 25.49% v) 02/16/23' 52. 79 52. 79 $180.08'
(v)=Variable Rate
"You must pay your deferred Interest balance In full by the expiration date above to avoid paying accrued deferred interest
charges
ACCOUNTHOLDER NOTICES
If you need to contact Synchrony about the loss of a Synchrony cardholder, you an submit a deceased notification form located at
www.syf.ccm under the 'Contact Us' page.
Promotional Purchases: No Interest if Paid in FUJI-in 6 Months Information
Purchases and Send Money transactions that are used in connection with a purchase of goods and services that are $99 or more may
qualify for a No Interest if Paid in Full in 6 Months promotion. Under this promotion. ifthe promotional balance is not paid in full by the
Expiration Date. interest will be imposed from the purchase date at a rate of 25.49%. If a (v) is shown after your APR in the Interest
Details section of this billing statement, the APR is a variable rate and will vary with the market based on the Prime Rate. Minimum
monthly payments are required.
Synchrony Bank may continue to obtain information, including employment and income information from others about you (including
requesting reports from consumer reporting agencies and other sources) to review, maintain or collect your account.
612i! AEJ D01 7 21 220324 0 PAGE 2 of 3 10 9283 IDDO PPDS OlFIGlZS
$X= _
3
Pa yPal'
CREDIT Need More Information?
Statement Closing Date: 02I21I23 View your account online at paypa|.com
Days in Billing Period: 28 Or call 1-844-377-4136 8 AM ET to 11 PM ET
Account Number: 6274
Mon-Fri and 9 AM ET to 9 PM ET Sat-Sun
Customer Name: ARELI GARCIA
ACCOUNT SUMMARY PAYMENT INFORMATION
Previous Balance $1 .760.98 New Balance $1,864.01
-
Payments & Credits $0.00 Amount Past Due 5431 .00
+ Purchases & Adjustments $0.00 Minimum Payment Due $528.00
+ Fees $41.00 Payment Due Date 03I1 6/23
+ INTEREST CHARGES $62.03 Amount to avoid Standard and Deferred Interest
_
_
New Balance $1 ,864.01 on your next statement: 51 £64.01
See Reverse
Credit Limit $1 ,400.00
Late Payment Wamlng: If we do not receive your minimum payment
Available Credit OVERLIMIT by 03/16/23. you may have to pay a late fee of up to $41.00.
Minimum Payment Warning: If you make only the minimum
payment each period. you will pay more in interest and it will
take you longer to pay off your balance. For example:
"
"you make no'more' You wlll pay of!!!" '. And you wlll end'un'paylng'
charges uelng this balance shown on th'a an estimated total at:
account and each statemem in about
month you pay'
Only the minimum 5 Years $3,180.00
Payment
would like information about credit counseling services, call
If you
1-877302-8775.
CURRENT ACTIVITY
FEES
.Tran Date Posting Date Description .
- ' Amount
02/16/23 02/16/23 Late Fee -£41.00
Total Fees $41.00
'
INTEREST CHARGES"
Tron Date Posting Date Description Amount
02/21/23 02/21/23 Interest Charge on Purchases 62.03
Total Interest $82.03
2023 Totals YeaIHTo-Dale
Total Fees Charged in 2023: 382.00 Total Interest ChaIgsd In 2023: $99. 29
IMPORTANT ACCOUNT INFORMATION
YOUR ACCOUNT IS PAST DUE. PLEASE PAY THE MINIMUM PAYMENT DUE OR
CONTACT THIS OFFICE AT THE PHONE NUMBER LISTED ON YOUR STATEMENT.
NO'nCE; We may convert your payment into an electronic debit. See reverse for details. Billing Rights Information and other important infomietion
6125 ABJ 001 7 21 23022]. D EXPAGE l of 3 10 9283 1000 PPDS OlFIElZB
Detach and mail this portion with your check. Do not include any correspondence with your check.
PayP'aI Account Number: 6274
CREDIT New Balance:
Payment Due Date:
$1.864.01
03l16l23
Make Check Payable to PayPll Credit Minimum Payment Due: $528.00
Return this portion with your payment.
Write your account number on your check.
Amount Enclosed: 3
To receive electronic statements or make
online payments visit paypal.com
PAYPAL CREDIT/SYNCB ARELI GARCIA
PO BOX 960006 505 KIMBLE ST
ORLANDO, FL 328930006 MODESTO CA 9535441428
Statement Closing Date: 02/21/23 View your account online at paypal.com
in 28 Or call 1-844-377-4136 8 AM ET to 11 PM ET
°°°""t fillingbpefi°d=
gays "m 9" . 6274
Mon-Fn and 9 AM ET to 9 PM ET Sat-Sun
.
Customer Name: ARELI GARCIA
INTEREST DETAILS
INTEREST CHARGE CALCULATION Your Annual Percentage Rate (APR)s the annual lnto'ost rate on your account.
Balance Type Annual Percentage Balance Subject to Interact Charged Current Balance
Rate(APR) Interest Rate
Standard Purchases 28.24% (v) $1,606.31 834.80 31,656. 72
PayPal Send Money Cash Advances 28.24% (V) $0.00 $0.00 $0.00
No Interest I! Paid In Full 28.24% (v) $181.95 $27.23 $207.29
(v)=Van'eble Rate
ACCOUNTHOLDER NOTICES
If your account has a Deferred Interest promotional balance and you would like a payment to be applied to a specific promotional or
non-promotional balance, call Customer Service, no later than 60 days after the transaction date of your payment as shown on your
statement, to learn what options may be available.
If you need to contact Synchrony about the loss of a Synchrony cardholder, you can submit a deceased notification form located at
www.syf.com under the 'Contact Us' page.
This is a duplicate courtesy copy of your most recent billing statement. You can still View and pay your electronic statement online.
You can pay your bill online or over the phone. We noticed you've been enjoying our easy paperless payment options. so we will no
longer be including return envelopes. You can make things even easier by selecting the paperless statement option on your account
online.
6125 LBJ 00!. 7 21 230221 0 EXPAGEZ of 3 10 9283 1000 PPDS olFIGlZB
Preview
Electronically Filed l 2/23/2024 8:58 AM Superior Court of California 2 Donald Sherrill #266038 County of Stanislaus Alexander Balzer Carr #33 8024 Clerk of the Court 3 HUNT & HENRIQUES, LLP By: Dora Perez, Deputy 7017 Realm Dr., San Jose' CA 95119 Telephone: (800) 6802426 Facsimile: (408) 362-2299 5 Attorneys for Plaintiff File no. 1547485001 $181 PAID 6 CA Debt Collection License No. 1013699 7 SUPERIOR COURT OF CALIFORNIA, COUNTY OF STANISLAUS 9 Modesto City Towers 10 CV-24-001465 Portfolio Recovery Associates, LLC Case N0. 11 Plaintiff, .. COMPLAINT FOR: ._ 12 vs. (1) Account Stated l3 (2) Open Book Account HUNT & HENRIQUES, LLP SAN JOSE CALIFORNIA 95119 TELEPHONE: (800)680-2426 FACSIMILE: (408) 362-2299 14 PRAYER AMOUNT: $1,864.01 7017 REALM DR. 15 ARELI GARCIA LIMITED CIVIL Amount demanded does not exceed $10,000 l6 Defendant(s). '17. 18 Plaintiff, Portfolio Recovery Associates, LLC, ("Plaintiff"), alleges: 19 1. Plaintiff is a limited liability company. 20 2. This court is the proper court because Plaintiff is informed and believes that 21 Defendant, ARELI GARCIA ("Defendant"), is a resident of STANISLAUS County, State of 22 California. 23 3. At all times herein mentioned, Defendants, and each of them, were the principals, 24 "agents, employers, employees, masters, or servants of each of their co-defendants and ratified, 25 adopted or approved the acts or omissions alleged herein, and each defendant, in doing the things 26 alleged, were acting in the course and scope of said authority of such agents, servants, and 27 employees. 28 Speiller, Stacy Tm-unaneenasameumdtuge Dept. 22 Damn-um .malpupusesmmmgmal COMPLAINT Page 1 A l 1547485001 l 4. This suit concerns a credit account that was purchased by Plaintiff after January 1, 2 2014 and, therefore, is subject to California Civil Code § 1788.50, et seq. 3 COMPLIANCE WITH CIVIL CODE § 1788.50, et seq. 4 Pursuant to California Civil Code § 1788.58(a)(1)-(9): 5 5. Plaintiff is a debt buyer. 6 6. SYNCHRONY BANK issued a credit account to Defendant. Defendant used, or 7 authorized the use of, the credit account to make purchases and/or transactions. Defendant received periodic billing statements for the credit account. Defendant defaulted in making the 9 required payments. Subsequently, Plaintiff was assigned and transferred all right, title and 10 interest in the credit account. 11 7. Plaintiff is the sole owner of "the credit account at issue, or has authority to assert 12 the rights of all owners of the debt. 13 8. The balance at charge-off was $1,905.01. Plaintiff is not seeking to recover any HUNT 8: HENRIQUES, LLP SAN JOSE CALIFORNIA 95119 TELEPHONE: (800) 680-2426 FACSIMILE: (408) 362-2299 14 post charge-off fees or interest. 7017 REALM DR. 15 9. The date of last payment on the credit account was on August 16, 2022. 16 10. The name of the charge-off creditor is SYNCHRONY BANK and. the account l7 number of the charge-off creditor ended in 6274. An address SYNCHRONY BANK maintained 18 at the time of chargeoff was: 19 170 E ELECTION RD 20 DRAPER UT 84020. 21 11. The name and last known address that the charge-off creditor had for Defendant 22 is: ARELI GARCIA 23 505 KIMBLE ST 24 MODESTO CA 953540428. 25 12. The subject credit account has been purchased by the following entity after 26 charge-off: Portfolio Recovery Associates, LLC who maintains an address at 120 Corporate 27 28 COMPLAINT Page 2 A 1 1547485001 l Blvd., Norfolk, VA 23502. 2 13. Plaintiff has complied with the requirements of Civil Code section 1788.52. Notably, section 1788.52(a)(7) requires that Plaintiff possess the California debt buyer license 4 number when making any written statements to a debtor in an attempt to collect a consumer debt. The legislation that created this requirement also stated that the licensing provisions shall become operative January l, 2022, and that a debt collector that submits an application prior to 7 January l, 2022 may operate pending the approval or denial of the application. 14. Attached hereto as Exhibit A is a true and correct copy of the most recent monthly 9 statement recording a purchase, payment or balance transfer prior to charge off. 10 FIRST CAUSE OF ACTION: 11 ACCOUNT STATED 12 15. Plaintiff alleges and incorporates by reference the foregoing paragraphs. 13 l6. Within the last four years, an account was stated in writing between Defendant HUNT 8: HENRIQUES, LLP SAN JOSE CALIFORNIA 95119 TELEPHONE: (800) 680-2426 FACSIMILE: (408) 362-2299 14 - and'SYNCHRONY BANK, and on the account a balance of $1,864.01 was 'stated to be due to 7017 REALM DR. 15 SYNCHRONY BANK from Defendant. Defendant expressly or impliedly agreed to pay " ml 6 SYNCHRONY BANKflthatbalance. _Attached hereto as Exhibit B isma true and correct copy of af. 7.1"" 17 billing statement showing the balance due and owing of $1 ,864.01 .7 18 l7. Before the commencement of this action, Plaintiff was assigned the credit account 19 and indebtedness. Plaintiff is now the owner and holder of the credit account. 20 18. Plaintiff has made demand on Defendant for repayment of the credit account, but 21 Defendant has failed to pay the balance due. 22 19. Payments, set-offs, credits or allowances, if any, at or after charge off, have been 23 posted to the credit account. 24 20. The current balance presently due and owing is $1,864.01. 25 SECOND CAUSE OF ACTION: OPEN BOOK ACCOUNT 26 27 21. Plaintiff alleges and incorporates by reference the foregoing paragraphs. 28 COMPLAINT Page 3 A l 1547485001 l 22. Within the last four years, Defendant became indebted to SYNCHRONY BANK 2 on an open book account for money due in the sum of $1,864.01 for money lent, paid, laid out, 3 and/or extended to or for Defendant at Defendant's special instance and request and for which 4 Defendant agreed to pay the above sum. 5 23. Before the commencement of this action, Plaintiff was assigned the credit account 6 and indebtedness. Plaintiff is now the owner and holder of the credit account. 7 24. Plaintiff has made demand on Defendant for repayment of the credit account, but Defendant has failed to pay the balance due. 9 25. Payments, set-offs, credits or allowances, if any, at or after charge off, have been 10 posted to the credit account. 11 26. The current balance presently due and owing is $1,864.01. 12 13 WHEREFORE, Plaintiff prays for judgment against Defendant as follows: HUNT & HENRIQUES,'LLP SAN JOSE CALIFORNIA 95119 TELEPHONE: (800) 680-2426 FACSIMILE: (408)362-2299 14 1. ' For the current balance presently due and owing Ohm-1,864.01; 7017 REALM DR. 15 2. Costs of suit; and 16 3.1;: Any'SUCh,Other relief as the Court may deem just and proper. 17 Dated: February 5, 2024 By: 18 Alexander Balzer Carr #338024 HUNT & HENRIQUES, LLP 19 Attorneys for Plaintiff 20 21 22 23 24 25 26 27 28 COMPLAINT Page 4 A 1 1547485001 EXHIBIT A PayPaI CREDIT Need More Information? Statement Closing Date: 03/2412: View your account online at paypai.com Days in 3""09 Peri": 31 Or call 1-844-373-4961 8 AM ET to 11 PM ET Account Numbe: _ 6274 Mon-Fri and 9 AM ET to 9 PM ET Sat-Sun Customer Name: ARELI GARCIA ACCOUNT SUMMARY PAYMENT INFORMATION Previous Balance $1 ,032.68 New Balance $1,390.06 Payments 5. Credits $29.00 Minimum Payment Due $29.00 Purchases & Adjustments $369.86 Payment Due Date 09I16I22 Fees $0.00 Amount to avoid Standard and Deferred hterest INTEREST CHARGES $16.52 on your next statemenl: $858.83 New Balance 3 1 .390 .06 See Reverse Late Payment Warning: If we do not receive your minimum payment Credit Limit 5 1 .400 .00 by 09/16/22, you may have to pay a late fee of up to $40.00. Available Credit $9.00 Minimum Payment Warning: lfyou make only the minimum payment each period, you will pay more in interest and it will lake you longer to pay off your balance. For example: Help protect your PayPal Credit account balance when you If you make no more 'wlll payoff the And you will and up paying purchase Payment Security. Payment Security can cover your charges' uelng fl'fl'" nee ilioWn on flhls engeellmahd total 'of minimum monthly payments or entire balance up to $10,000 if account Ind 98th statement ln'nbo'm- a qualifying life event occurs. Learn more at monm you pay. www.paypaI.oomlpaypal-creditpayment-security. Only the minimum 9 Years $3,294.00 Payment $57.00 3 Years $2,045.00 (Savinqs = $1 249.00 If you would like information abom credit counseling services. call 1 877-302-8775. PROMOTIONAL EXPIRATION NO11FICATION YOU HAVE A DEFERRED INTEREST PROMOTION(S) EXPIRING. YOU MUST PAY EACH DEFERRED INTEREST PROMOTIONAL BALANCE IN FULL BY ITS EXPIRATION DATE TO AVOID PAYING ACCRUED INTEREST CHARGES. PLEASE SEE THE DEFERRED INTEREST CALCULATION SECTION ON THIS STATEMENT FOR FURTHER DETAILS. C U RRENT ACTIVITY PAY ME NTS & CREDITS Tran Date Posting Data Reference Number Description _ , Amount 08/16/22 08/1 6/22 P928300KM01 HR4QZP Onllne Payment Thank You $29.00 Alpharetta Ga _ Total Payments & Credlb $29.00 PURCHASES &ADJ USTM FNYS Tran Date Posting Date Reference Number Type Description Amount 08/01/22 08/0 1/22 P928300K7EHM6364E Standard DOORDASHINC $21. 89 08/03/22 08/03/22 P928300K8EHM6KX2A Standard DOORDASHINC 531.22 08/03/22 08/03/22 P928300K8EHM6KX2W Deferred CITYMODESTO No Interest If Paid In Full $180. 06' 08/1 2/22 08/1 W22 F928300KJEHM6JW7 F Standard DOORDASHINC 560.99 08/14/22 08/1 4/22 P928300KKEHMSGQMN Standard DOORDASHINC $42. 77 08/21/22 (Wm/22 P928300KSEHMSGWBT Standard DOORDASHINC $32. 93 Total Furchesesfl. Adjustments $369.86 Currant Activity Continued On Next Page NOTICE: We may convert your payment into an electronic debit. See reverse for details. Billing Rlghts Information and other important information 6128 ABJ 00). 7 21 220824 0 PAGE 1 of 3 1 D 9283 1000 PPDS 01216123 PayPaI Account Number: 6274 CREDIT New Balance: Payment Due Date: $1,390.06 09/16/22 Make Check Payable to PayPal Credit Minimum Payment Due: $29.00 Return 0115 portion with your payment. Write your account number on your check. Amount Enclosed., 5 To receive electronic statements or make online payments visit paypal.com PAYPAL CREDIT/SYNCB ARELI GARCIA PO BOX 960006 505 KIMBLE ST ORLANDO. FL 32896-0006 MODESTO CA 95354-0428 Statement 9'°Sing. Date: 08M22 View your account online at paypal.com 31 Or call 1-844-3734961 8 AM ET to 11 PM ET gays ccoun Intlifhngbpenodi urn er: 62" Mon-Fn and 9 AM ET to 9 PM ET Sat-Sun . Customer Name: ARE" GARCIA CURRENT ACTIVITY (continued) INTEREST CHARGED Tran Date Poetlng Date Ducrlptlon Amount 08/24/22 08/24/22 Interest Charge on Purchases -£1 6.52 Total Interest $16.52 2022 Tabla Yoar-To-Dlu Total Fees Charged in 2022: 50.00 Total Interest Charged in 2022: $41.95 INTEREST DETAILS INTEREST CHARGE CALCULATION Your Annual Percentage Rate (APR): the annual Interest rate on your account. Balance Type Annual rul , B ' Subject to Interest Rate Interest Charged Current Balance Rate(APR) Standard Purchases 25.49% (v) 3 762.80 316. 52 $856. 83 PayPal Send Money Cash Advances 25.49% (v) 50. 00 $0.00 $0.00 (v)=Van'abIe Rate DEFERRED INTEREST CALCULATION Promotlon Type Postlng Annual Percentage Explratlon Monthly Accrued Total Accrued Deferred Interest Date Rate(APR) Date Deferred Interest Deferred Interest Balance No Interest If Paid In Full 04/27/22 25.49% v) 1 1/1 6/22' 33. 84 $14.39 31 75. 71' No Interest If Paid In Full 04/29/22 25.49% v) 11/16/22' 32. 19 $8.06 $100.00I No Interest If Paid In Full 06/08/22 25.49% it) 12/16/22' $1.69 .54. 16 $77.46' No Interest If Paid In Full 06/03/22 25.49% v) 02/16/23' 52. 79 52. 79 $180.08' (v)=Variable Rate "You must pay your deferred Interest balance In full by the expiration date above to avoid paying accrued deferred interest charges ACCOUNTHOLDER NOTICES If you need to contact Synchrony about the loss of a Synchrony cardholder, you an submit a deceased notification form located at www.syf.ccm under the 'Contact Us' page. Promotional Purchases: No Interest if Paid in FUJI-in 6 Months Information Purchases and Send Money transactions that are used in connection with a purchase of goods and services that are $99 or more may qualify for a No Interest if Paid in Full in 6 Months promotion. Under this promotion. ifthe promotional balance is not paid in full by the Expiration Date. interest will be imposed from the purchase date at a rate of 25.49%. If a (v) is shown after your APR in the Interest Details section of this billing statement, the APR is a variable rate and will vary with the market based on the Prime Rate. Minimum monthly payments are required. Synchrony Bank may continue to obtain information, including employment and income information from others about you (including requesting reports from consumer reporting agencies and other sources) to review, maintain or collect your account. 612i! AEJ D01 7 21 220324 0 PAGE 2 of 3 10 9283 IDDO PPDS OlFIGlZS $X= _ 3 Pa yPal' CREDIT Need More Information? Statement Closing Date: 02I21I23 View your account online at paypa|.com Days in Billing Period: 28 Or call 1-844-377-4136 8 AM ET to 11 PM ET Account Number: 6274 Mon-Fri and 9 AM ET to 9 PM ET Sat-Sun Customer Name: ARELI GARCIA ACCOUNT SUMMARY PAYMENT INFORMATION Previous Balance $1 .760.98 New Balance $1,864.01 - Payments & Credits $0.00 Amount Past Due 5431 .00 + Purchases & Adjustments $0.00 Minimum Payment Due $528.00 + Fees $41.00 Payment Due Date 03I1 6/23 + INTEREST CHARGES $62.03 Amount to avoid Standard and Deferred Interest _ _ New Balance $1 ,864.01 on your next statement: 51 £64.01 See Reverse Credit Limit $1 ,400.00 Late Payment Wamlng: If we do not receive your minimum payment Available Credit OVERLIMIT by 03/16/23. you may have to pay a late fee of up to $41.00. Minimum Payment Warning: If you make only the minimum payment each period. you will pay more in interest and it will take you longer to pay off your balance. For example: " "you make no'more' You wlll pay of!!!" '. And you wlll end'un'paylng' charges uelng this balance shown on th'a an estimated total at: account and each statemem in about month you pay' Only the minimum 5 Years $3,180.00 Payment would like information about credit counseling services, call If you 1-877302-8775. CURRENT ACTIVITY FEES .Tran Date Posting Date Description . - ' Amount 02/16/23 02/16/23 Late Fee -£41.00 Total Fees $41.00 ' INTEREST CHARGES" Tron Date Posting Date Description Amount 02/21/23 02/21/23 Interest Charge on Purchases 62.03 Total Interest $82.03 2023 Totals YeaIHTo-Dale Total Fees Charged in 2023: 382.00 Total Interest ChaIgsd In 2023: $99. 29 IMPORTANT ACCOUNT INFORMATION YOUR ACCOUNT IS PAST DUE. PLEASE PAY THE MINIMUM PAYMENT DUE OR CONTACT THIS OFFICE AT THE PHONE NUMBER LISTED ON YOUR STATEMENT. NO'nCE; We may convert your payment into an electronic debit. See reverse for details. Billing Rights Information and other important infomietion 6125 ABJ 001 7 21 23022]. D EXPAGE l of 3 10 9283 1000 PPDS OlFIElZB Detach and mail this portion with your check. Do not include any correspondence with your check. PayP'aI Account Number: 6274 CREDIT New Balance: Payment Due Date: $1.864.01 03l16l23 Make Check Payable to PayPll Credit Minimum Payment Due: $528.00 Return this portion with your payment. Write your account number on your check. Amount Enclosed: 3 To receive electronic statements or make online payments visit paypal.com PAYPAL CREDIT/SYNCB ARELI GARCIA PO BOX 960006 505 KIMBLE ST ORLANDO, FL 328930006 MODESTO CA 9535441428 Statement Closing Date: 02/21/23 View your account online at paypal.com in 28 Or call 1-844-377-4136 8 AM ET to 11 PM ET °°°""t fillingbpefi°d= gays "m 9" . 6274 Mon-Fn and 9 AM ET to 9 PM ET Sat-Sun . Customer Name: ARELI GARCIA INTEREST DETAILS INTEREST CHARGE CALCULATION Your Annual Percentage Rate (APR)s the annual lnto'ost rate on your account. Balance Type Annual Percentage Balance Subject to Interact Charged Current Balance Rate(APR) Interest Rate Standard Purchases 28.24% (v) $1,606.31 834.80 31,656. 72 PayPal Send Money Cash Advances 28.24% (V) $0.00 $0.00 $0.00 No Interest I! Paid In Full 28.24% (v) $181.95 $27.23 $207.29 (v)=Van'eble Rate ACCOUNTHOLDER NOTICES If your account has a Deferred Interest promotional balance and you would like a payment to be applied to a specific promotional or non-promotional balance, call Customer Service, no later than 60 days after the transaction date of your payment as shown on your statement, to learn what options may be available. If you need to contact Synchrony about the loss of a Synchrony cardholder, you can submit a deceased notification form located at www.syf.com under the 'Contact Us' page. This is a duplicate courtesy copy of your most recent billing statement. You can still View and pay your electronic statement online. You can pay your bill online or over the phone. We noticed you've been enjoying our easy paperless payment options. so we will no longer be including return envelopes. You can make things even easier by selecting the paperless statement option on your account online. 6125 LBJ 00!. 7 21 230221 0 EXPAGEZ of 3 10 9283 1000 PPDS olFIGlZB