Motion for Judgment on the Pleadings in Citibank, N.A. v. LEA LINDSEY| Trellis.Law

On March 12, 2024 a Complaint,Petition was filed involving a dispute between Citibank, N.A., and Lindsey, Lea, for CC - Civil Collection in the District Court of LaPorte County.

Preview
Filed: 3/12/2024 5:18 AM
Clerk
LaPorte Superior Court 3 LaPorte County, Indiana

STATE OF INDIANA LAPORTE CIRCUIT/SUPERIOR COURT
) Ss
COUNTY OF LAPORTE

Citibank, N.A. No, 46D03-2403-CC-000547
Plaintiff,
vs. Return Date:

Lea Lindsey Amount Claimed: $2,200.95
Defendant(s). Plus Court Costs

COMPLAINT

Plaintiff, Citibank, N.A., by its attorneys, Blitt and Gaines P.C., as and for its complaint herein against

Defendant(s), hereby alleges as follows:

1 The Defendant(s) utilized a charge account and/or line of credit issued by Plaintiff or its predecessor

in interest, which was opened on July 31, 2017.

Periodic statements were sent to Defendant(s) by regular or electronic mail which set forth in detail,

all debits and credits, the total balance due, the interest rate and the minimum payment.

Defendant(s) eventually failed to make the minimum payment(s).

Attached hereto and incorporated herein is the Affidavit of Debt and the last statement.

Defendant(s) did not object to the statement, indicate that the statement contains an error, nor indicate

that it was erroneous in any respect within a reasonable period of time.

After receiving all payments, debits, credits and set offs, there is now due and owing from

Defendant(s) to Plaintiff the sum of $2,200.95.

By reason of the foregoing, Plaintiff is entitled to judgment against Defendant(s) for Account Stated

in the sum of $2,200.95, plus court costs, and no attorney's fees.

23120222
8 Despite due demand, Defendant(s) have failed and/or refused to pay the amount due and owing as

indicated on the final statement.

WHEREFORE, the Plaintiff, requests judgment against Defendant(s) for Account Stated in the sum

of $2,200.95, plus court costs, and no attorney's fees; and for such other and further relief as this Court deems

just and proper.

BY: Quesicn Kotanourebi
Blitt and Gaines, P.C. Mik@Starzec, #26736-45
Attorney at Law Matt Van Vossen, #34238-45
775 Corporate Woods Parkway Elizabeth Hughes, #17725-49
Vernon Hills, IL 60061 Lorena D. Arnold, #18198-45
(844) 762-8146 TTY: 711 Jan Kohlhaas, #19828-29
Indiananotifications@blittandgaines.com Thomas A. Burris, #4342-64
23120222 Kliment Mitreski, #2502 1-45
Jessica Kolanowski, #36869-49

This is an attempt to collect a debt by a debt collector and any information obtained will be used for that
purpose.
CITIBANK, N.A.

Plaintiff,
46D03-2403-CC-000547
vs. Ci N
LEA LINDSEY
Defendant.
AFFIDAVIT

STATE OF KENTUCKY )
)ss.
COUNTY OF BOONE )
Before me, the undersigned authority, personally appeared the person identified below, who being by me duly sworn, deposed
as follows:
My name is Allison Rolfes . lam of sound mind, over 18 years old and capable of making this Affidavit. The statements set
forth in this affidavit are true and correct based on my personal knowledge and review of the business records described herein. | am
authorized to make this affidavit on behalf of plaintiff Citibank, N.A. (referred to herein as "Citibank". Citibank is a National Bank
located in Sioux Falls, South Dakota. | am employed by Citibank. My job title is Document Control Officer. My employment duties
include being a custodian of records with respect to accounts owned by Citibank. As a custodian of records, | have knowledge of, and
access to, account information and records concerning the defendant's Citibank account number currently ending in 1393, which is the
subject of this lawsuit (the "Account"). As a result, | am competent to testify to the matters stated herein.
On 2/20/2020, Citibank acquired substantially all Meijer Credit Card credit card accounts from Comenity Bank, including the account
described herein.
Citibank's records regarding the Account contain the name and billing address of the defendant, the Account number (and predecessor
account numbers, if any), the Account's history, which may include charges made, interest and/or fees assessed, payments and/or
credits received, and the minimum payment due and the total outstanding balance due on the Account, all of which are collectively
referred to as the "Account Information". Exhibit A attached hereto and incorporated herein are copies of the Account statement
transaction detail for the period from 10/9/2023 to 11/7/2023 that was sent to the defendant (the "Account Statement").

The Account Information reflects that defendant opened the Account on 07/31/2017 and the last payment in the amount of $30.00 on
06/30/2023 did not satisfy the outstanding balance.

The Account Information reflects that charges were made on the Account to purchase goods and services and/or obtain cash advances.
Defendant was provided periodic billing statements for the Account when there was Account activity, which described the charges on
the Account, along with interest, fees, payments, credits and the amount due on the Account.
Exhibit(s) A is a business record reflecting information created and maintained by Citibank, in the course of regularly conducted
business activity, and are part of the regular practice of Citibank to create and maintain such information, and also were made at the
time of the act, transaction, occurrence or event or within a reasonable time thereafter.
As reflected in the Account Information, defendant did eventually fail to make required payments on the Account.

As a result of defendant's failure to make proper payments on the Account, defendant is presently in default on the Account.

The Account Information shows that the Account Statement reciting the amount of the debt was sent to the defendant either by regular
mail or by electronic mail. The attached Account Statement does not reflect any outstanding disputes on the Account.
10. The Account Information reflects that the Account charged off in the ordinary course of business. As reflected on the attached Account
Statement, the balance on the Account is $2,200.95, which includes accrued interest and fees as of the date of the Account Statement.
No interest or fees were charged to defendant after the Account Statement was sent to defendant. After the attached Account
Statement was sent to the defendant, an additional payment or credit/debit was received on the Account in the amount of $0.00. As of
the date of this affidavit, the Account balance of $2,200.95 is due and owing.
11 Citibank’s records reflect that defendant opened and/or used the Account and, therefore, to the best of my knowledge, defendant is
neither an incompetent, nor a minor.
,

12. The debt reflected herein is delinquent, past due and remains due and owing. Citibank is the owner of the Account and the party and
entity to whom the delinquent debt is owed.
13. Plaintiff is not seeking attorney fees.

| solemnly affirm under the penalties of perjury and upon personal knowledge that the contents of the
foregoing paper are true.

Advise RL
EXECUTED on. ¥ eo 1 F 204,

Signature OG

Allison Rolfes
Name
STATE OF KENTUCKY )
)ss.
COUNTY OF BOONE )

Subscribed and sworn to before me by.
Allison Rolfes this. Zl day
of, Feb 2024.

[SEAL]

CMa Ciene
Notary Public
June 24, 2026
My commission expires:
SAMANTHA VICTORIA CRONE
Commonweaith of Kents
Commission Number KYNP54087
Personally known. Vor My Commission Exptres
Jun 24, 2026
Produced identification.

Type of identification produced:
AJ (Ft
“

et wae “ a
Account Statement
Customer Service: ‘Send Notice of Billing Errore and Customer Sorvice Inquiries to:

meijer
Cy Macaneninacem MEIER CREDIT CARD.
PO Box 6403, Sioux Falls, SD 67117-6403

ae
Account Inquiries:
1-833-990-1287 (TTY: 711)

~ ~
(Summary of Account Activity (Payment Information
Previous Balance $2,109.66 New Balance $2,200.95
Payments -$0,00 Minimum Payment Due $757.00
Other Credits -$0,00 Payment Due Date December 4, 2023
Purchases. +$0.00
Cash Advances +$0.00 Late Payment Warning: if we do not receive your minimum payment by the
Fees Charged +$40,00 date listed above, you may have to pay alate fee up to $40.
Interest Charged +$51.29 Minimum Payment Warning: If you make only the minimum payment each
New Balance $2,200.95 period, you will pay mora in interest and it will take you longer to pay off your
a For example:
\Past Due Amount $643.00
eres

(Credit Limit $0.00_) Only the minimum payment Qyears $4,338
Available Credit $0.00 $93 Syears $3,331
Amount Over Credit Limit $700.95 (Savings=$1,007)
Statement Closing Date 11/07/2023 it you would lke information about credit counseling services, call 1-877-337-818
(Ty: 711).
Next Statement Closing Date 12/08/2023
\Days in Billing Cycle 30 \

Please note that if we received your pay by phone or online payment between 5 p.m. ET and midnight ET on the last day of your billing period, your
payment will not be reflected until your next statement.
TRANSACTIONS
Trans Date Description Reference # Amount
FEES
11404 LATE FEE 40.00
TOTAL FEES FOR THIS PERIOD 40.00
INTEREST CHARGED.
1107 INTEREST CHARGE ON PURCHASES 51.29
TOTAL INTEREST FOR THIS PERIOD 51.29

SMa
PLEASE SEE IMPORTANT INFORMATION ON PAGE 2. Page
1 of 4 This Account Is Issued by Citibank, N.A.
mannan nnennnen: 1 __ Please detach and return lower portion with your payment to ensure proper cred. Rela upper portion fo your records, _

meijer
Your Account Number ls IRIN1393,

Payment Due Date December4, 2023
New Balance $2,200.95
Pay your bill and more via your
PO BOX 6403 Account Online Past Due Amountt $643.00
‘SIOUX FALLS, SD 57117-6403
Minimum Payment Due $757.00
‘Statement Enclosed meijer.accountonline.com mae
a
Past Due Amount is included in the Minimum Payment Due.
Please see reverse side to change your address.
Make Checks Payable tow
MEIJER CREDIT CARD
LEA LINDSEY PO BOX 9001006
113 E WILLIAM ST LOUISVILLE, KY 40290-1006
MICHIGAN CITY, IN. 46360-3743

EXHIBIT A

04009 0075700 0220055 0003000 3593 0318
Information About Your Account. + Crediting Payments other than by Mall. The payment cutoff time for Online bill
How to Avold Paying Interest on Purchases. Your payment due dates at least 25 days payments, Phone payments, and Express Mail payments is midnight Eastern time. This
after the close of each billing cycle. We will not charge you any interest on purchases if means that we will credit your account as of the calendar day, based on Eastern time,
you pay your New Balance by the payment due date each month. Thisis calleda grace that we receive your payment request.
period on purchases. To get a grace period on purchases you must pay the New Balance by Ifyou send an eligible check with this payment coupon, you authorize us tocomplete
the payment due date every billing cycle. f you do not, youwill not get a grace period on your payment by: ronic debit. If we do, the checking account will be debited inthe
purchases until you pay the New Balance in full fortwo billing cycles in arow. amount on the check. We may do this as soon as the day we receive the check. Also, the
Ifyou have a balance subject toa deferred interest promotion and that promotion does check will be destroyed.
not expire before the payment due date, that balance (an “excluded balance") is excluded Credit Reporting Disputes. We may report information about your account to credit
from the amount you must pay in full to get a grace period on a purchase balance other bureaus. If you think wereported inaccurate information, please write us at: Credit Bureau
than an excluded balance. However, you must still pay any separately required pa yent on Dispute Verification, P.0. Box 6497, Sioux Falls, SD 57117,
the excluded balance. In billing cycles in which payments are allocated to deferred interest
balances first, the deferred interest balance will be reduced before any other balance on Report a Lost or Stolen Card Immediately. Cali the Account inquiries number shown on
the account. However, you will continue to get a grace period on purchases, other than an Pagel.
excluded balance, so long as you pay the New Balance (less any excluded balance, plus any What To Do If You Think You Find A Mistake On Your Statement. if youthink there isan
separately required payment on an excluded balance) in full by the payment due date each error on your statement, write to us at the address for billing errors and customer service
billing cycle, inquiries shown on Page of your statement.
in addition, certain promotional offers not described above may also allow you to have a In your letter, give us the following information:
grace period on purchases without having to pay all or a portion of the prom« nal balance
by the payment due date. If that isthe case, the promotional offer will describe what 1. Account information: Your name and account number.
happens. 2. Dollar amount: The dollar amount of the suspected error,
How We Calculate Your Balance Subject to Interest Rate. We use a daily balance method 3. Description of Probiem: If you think there is an error on your bill, describe what you
(including current transactions) to calculate interest charges. To find out more information believe is wrong and why you believe it isa mistake,
about the balance computation method and how the resulting interest charges were You must contact us within 60 days after the error appeared on your statement.
determined, contact us at the Account Inquiries number on the front.
You must notify us of any potential errors inwriting. You may callus, but if you do we are not
Other Account and Payment Information. required to investigate any potential errors and you may have to pay the amount in question,
ment Amount. You may pay all or part of your account balance at any time. However, While we investigate whether or not there has been an error, the following are true:
you must pay, by the payment due date, at least the minimum payment due.
When Your Payment Will Be Credited. If we receive your payment in proper form at our + We cannot try to collect the amount in question, or report you as delinquent on that
processing facility by 5 p.m. local time there, itwillbe credited as of that day. A payment amount.
received there in proper form after that time will be credited as of the next day. Allow 5 + The charge in question may remain on your statement, and we may continue to charge
07 days for payments by regular mailto reach us. There may be a delay of up to 5 days youinterest on that amount. But, if we determine that we made a mistake, you will not
in crediting a payment we receive that is not in proper form or is not sent to the correct have to pay the amount in que: or any interestor other fees relatedto that amount.
address. The correct address for regular mail is the address on the front of the payment + While you do not have to pay the amount in question, you are responsible for the
coupon. The correct address for express mail is shown in the Express Mail section. remainder of your balance.
Proper Form. For a payment sent by mail or courier to bein proper form, you must: + We can apply any unpaid amount against your crecit limit.
+ Enclose a valid check or money order. No cash, gift cards, or foreign currency please. Your Rights f You Are Dissatisfied With Your Credit Card Purchases. if you are
Include your name and the last four digits of your account number. dissatisfied with the goods or services that you have purchased with your credit card, and
you have tried in good faith to correct the problem with the merchant, you may have the
Payment Other Than By Mall. ight not to pay the remaining amount due on the purchase.
+ In-Store (Where Available). Any payment in proper form accepted in-store willbe To use this right,all of the following must be true:
credited as of that day. However, credit availability may be subjectto verification
of funds. Not all stores accept payments. Contact your local store to see if in-store 1. The purchase must have been made in your home state or within 100 miles of your current
payments are acceptedat that location. mailing address, and the purchase price must have been more than $50. (Not ther of
* Online/AutoPay. 0 to the URL on Page 1 of your statement to make a payment online. these are necessary if your purchase was based on an advertisement wemi d to you, or
Youcan also enrol AutoPay and have your payment amount automatically deducted if we own the company that sold you the goodsor services.)
each month from the payment account you choose, 2. You must have used your credit card for the purchase. Purchases made with cash
+ Phone. Call the phone numberon Page 1 of your statement to make a payment by advances from an ATM or with a check that accesses your credit card account donot
phone. For phone payments, you authorize us to electronically debit your specified bank qualify.
account by an ACH transacti inthe amount andon the date that you indicateon the 3. Youmust not yet have fully paid for the purchase.
phone. You may cancel a phone payment by calling usat the Customer Service number If allof the criteria above are met and you are still dissatisfied with the purchase, contact us
at the top of Page| wi ‘the time period disclosed to you on the phone. There is no fee inwriting at the address for billing errors and customer service inquiries shown on Pagel of
for making a payment using our automated voice response system. your statement.
+ Agent-Assisted Phone Payments. if you callus to make a payment with the assistance While we investigate, the same rules apply to the disputed amount as discussed above. After
ofa live agent, the payment will be applied the same day and you will be charged $5.00 we finish our investigation, we will tell you our decision. At that point, if we think you owe an
agent expecited payment fee. amount and you donot pay, we may report you as delinquent.
+ ExpressMi |. Send payment by express mail to: Consumer Payment Dept., 6716 Grade
Lane, Building 9, Suite 910, Louisville, KY 40213. Meijer PLNA FEB20

Page 20f4
—
Easily manage your contact information
It's important we have your current contact
information, so if anything changes (including your
email or mailing address or phone number), please
do one of the following to easily update your
information:
. You can update your contact information by logging
into your online account via the URL located in the
Customer Service section on the front of your
statement, or

Call the Account Inquiries phone number located in
the Customer Service section on the front of your
statement
Account: **** **** 1393

Total Interest Charged in 2023 $454.49

ACTIVITY AND PROMOTIONS DETAIL
Original Purchases,
Promotion Promo Payments Cash Adv, Promotion Deferred Promotion
Trans Trans Previous & Other Fees & Interest New Minimum Interest Explration
Amount Date Balance Credits Other Debits Charged Balance Payment Due Charges
PURCHASES
REGULAR
$2,109.66 $40.00 $51.29 $2,200.95
TOTAL, $2,109.66 $0.00 $40.00 $51.29 $2,200.95 $0.00 08
INTEREST CHARGE CALCULATION ir Annual Percentage }) Is the annual Interest rateon your account.

PURCHASES
REGULAR 29.24% (M)(V) $2,134.34 $51.29
= Variable Rate

Page
3 of 4
THIS PAGE INTENTIONALLY LEFT BLANK

Page
4 of 4

Case Info

Case No.

(Subscribe to View)

Document Filed Date

March 12, 2024

Case Filing Date

March 12, 2024

County

Parties

Citibank, N.A. Plaintiff
Elizabeth Ann Hughes Attorney for the Plaintiff
Ian Bjorn Kohlhaas Attorney for the Plaintiff
Jessica Renae Kolanowski Attorney for the Plaintiff
Kliment P Mitreski Attorney for the Plaintiff
LINDSEY, LEA Defendant
Lorena Arnold Attorney for the Plaintiff
Matthew Michael Van Vossen Attorney for the Plaintiff
Michael L. Starzec Attorney for the Plaintiff
Thomas A Burris Attorney for the Plaintiff

For full print and download access, please subscribe at https://www.trellis.law/.

Complaint,Petition: Citibank, N.A. v. LEA LINDSEY

Preview

Case Info

Parties