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20D01-1704-C C-000590 Filed: 4/7/2017 4:37:39 PM
Wendy Hudson
Elkhart Superior Court Clerk
STATE OF INDIANA ) HE ELKHART COUNTY SUPERIOR COUR Eikhart County, Indiana
)ss:
COUNTY OF ELKHART ) CAUSE NO.
LVNV FUNDING LLC
Plaintiff,
vs.
JAMES FOX
Defendant(s)
COMPLAINT
NOW COMES the above named Plaintiff, by and through its attorneys, Stenger & Stenger, P.C., and
for its Complaint states as follows:
JURISDICTIONAL ALLEGATION
1 Plaintiff is the assignee of Defendant's account formerly with Credit One Bank, N.A..
2 Upon information and belief, Defendantlames Fox, resides at 366 Roxbury Park, Goshen,
ELKHART County, Indiana.
CLAIM FOR RELIEF
3. Defendant's Credit One Bank, N.A. account, account number ************6522, was opened
on or about November 19, 2009.
4 As of February 28, 2017 there was due and owing the sum of $2,436.01, as detailed in
Plaintiff's Account Statement, attached as Exhibit A, and Affidavit of Debt, attached as Exhibit B (copies of
which are attached hereto and incorporated herein by reference).
5 Defendant has failed to object to the accuracy of the billings sent to the Defendant and/or has
otherwise assented to the balance, and has failed, refused, or neglected to pay the balance due and owing to
the Plaintiff.
6 Despite demands, Defendant has failed to pay the entire amount due and the account is in
default.
7 The account has become stated between the parties.
8 To avoid substantial injustice, Defendant should be required to repay Plaintiff the sum due.
THIS IS A COMMUNICATION FROM A DEBT COLLECTOR. WE ARE ATTEMPTING TO COLLECT A
DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.RS215573, P 14
9 Plaintiff states and declares that the Defendant(s) is not on active miliary service as stated in
the Affidavit of Non-Military Service attached as Exhibit C.
WHEREFORE, Plaintiff requests a judgment in its favor and against Defendant for total damages in
the amount of $2,436.01, plus any interest, costs of collection and such other relief as the court may deem
appropriate.
Respectfully Submitted,
STENGER & STENGER, P.C.
Attorney; aintiff
Dated: MAR 7 00 By:
)
Le
Denise M. Hallel #8406- 45
Aaron § Murray #29405-18
2618 East Paris Avenue SE
Grand Rapids, MI 49546
Court Inquiries Ph: (877) 988-2280
Defendant/Counsel Ph:(888) 305-7775
Fax: (616) 942-9657
THIS IS A COMMUNICATION FROM A DEBT COLLECTOR. WE ARE ATTEMPTING TO COLLECT A
DEBT AND ANY [INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.RS215573, P 14
EXHIBIT A
LVNV Funding LLC
C/o Stenger & Stenger, P.C.
2618 East Paris Avenue SE
Grand Rapids, MI 49546
Account Statement
Unpaid Balance as of February 28, 2017, $2.436.01
James Fox
366 Roxbury Park
Goshen IN 46526-1744
Account # #8 +#49%6522
This statement was prepared on behalf of LVNV Funding LLC (debt purchaser) based on the business records
of LVNV Funding LLC, which include information provided by the original creditor to any intervening
assignees, as well as any entries made by LVNV Funding LLC in the ordinary course of business. This
computer generated report has been produced on behalf of the debt purchaser. It is a computer generated
summary; it is NOT an original statement.
Pursuant to Administrative Rule 9, please see the Court file for confidential information including the full
account number.
THIS IS A COMMUNICATION FROM A DEBT COLLECTOR. WE ARE ATTEMPTING TO COLLECT A
DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.RS215573, P 14
AFFIDAVIT OF DEBT EXHIBIT b
Comes now affiant, and states:
4 1, Heather Bailey, am an employee of Resurgent Capital Services, LP, servicing agent for Plaintiff, and
Tam authorized to make this affidavit.
Lam of adult age and am fully authorized by Plaintiff to make the following representations which are
true according to documents kept in the normal course of Plaintiff's business and/or my personal
knowledge. 1 am familiar with the recordkeeping practices of Plaintiff.
Plaintiff
has obtained this debt from FNBM, LLC and the original owner of this debt was Credit One
Bank, N.A..
James Fox , the Defendant, has an unpaid balance of $2,436.01 on account *********#446522, plus
interest at a rate of 0.00%. This account was opened on 11/19/2009. The last payment from Defendant
was received on 11/2/2015 in the amount of $199.95,
The account which is the subject of the Complaint is a credit account.
This account balance includes:
a. Late fees in the amount of $ 0.00.
b. Interest at a rate of 0.00%.
c. Plaintiff is not seeking attorney's fees.
Plaintiff believes that Defendant is not a minor or an incompetent individual.
I swear or affirm under the penalties of perjury that the foregoing representations are true.
Heather Bailey, Affiant
The foregoing affidavit was signed to and subscribed before me this Monday, February 13, 2017.
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EXHIBIT C
AFFIDAVIT OF NON-MILITARY SERVICE
STATE OF INDIANA ) IN THE ELKHART COUNTY SUPERIOR COURT |
ISS:
COUNTY OF ELKHART ) CAUSE NO.
LVNV FUNDING LLC
Plaintiff,
vs.
JAMES FOX
Defendant(s)
Comes now affiant and states:
and is
That upon information and belief, the Plaintiff believes that the Defendant is not in the US Military
Act.
therefore, not entitled to the rights and privileges provided under the Servicemembers Civil Relief
I swear or affirm under the penalties of perjury that the foregoing representations are true.
Respectfully Submitted,
STENGER & STENGER, P.C.
Attorneys forPlaintiff
Dated:
MAR & 7 2017 By: Deh bout
Denise M. Hallett #8406-45
Aaron S Murray #29405-18
2618 East Paris Avenue SE
Grand Rapids, MI 49546
Court Inquiries Ph: (877) 988-2280
Defendant/Counsel Ph:(888) 305-7775
Fax: (616) 942-9657
A
THIS IS A COMMUNICATION FROM A DEBT COLLECTOR. WE ARE ATTEMPTING TO COLLECT
BE USED FOR THAT PURPOSE. RS21 5573, P 14
DEBT AND ANY INFORMATION OBTAINED WILL
Preview
20D01-1704-C C-000590 Filed: 4/7/2017 4:37:39 PM Wendy Hudson Elkhart Superior Court Clerk STATE OF INDIANA ) HE ELKHART COUNTY SUPERIOR COUR Eikhart County, Indiana )ss: COUNTY OF ELKHART ) CAUSE NO. LVNV FUNDING LLC Plaintiff, vs. JAMES FOX Defendant(s) COMPLAINT NOW COMES the above named Plaintiff, by and through its attorneys, Stenger & Stenger, P.C., and for its Complaint states as follows: JURISDICTIONAL ALLEGATION 1 Plaintiff is the assignee of Defendant's account formerly with Credit One Bank, N.A.. 2 Upon information and belief, Defendantlames Fox, resides at 366 Roxbury Park, Goshen, ELKHART County, Indiana. CLAIM FOR RELIEF 3. Defendant's Credit One Bank, N.A. account, account number ************6522, was opened on or about November 19, 2009. 4 As of February 28, 2017 there was due and owing the sum of $2,436.01, as detailed in Plaintiff's Account Statement, attached as Exhibit A, and Affidavit of Debt, attached as Exhibit B (copies of which are attached hereto and incorporated herein by reference). 5 Defendant has failed to object to the accuracy of the billings sent to the Defendant and/or has otherwise assented to the balance, and has failed, refused, or neglected to pay the balance due and owing to the Plaintiff. 6 Despite demands, Defendant has failed to pay the entire amount due and the account is in default. 7 The account has become stated between the parties. 8 To avoid substantial injustice, Defendant should be required to repay Plaintiff the sum due. THIS IS A COMMUNICATION FROM A DEBT COLLECTOR. WE ARE ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.RS215573, P 14 9 Plaintiff states and declares that the Defendant(s) is not on active miliary service as stated in the Affidavit of Non-Military Service attached as Exhibit C. WHEREFORE, Plaintiff requests a judgment in its favor and against Defendant for total damages in the amount of $2,436.01, plus any interest, costs of collection and such other relief as the court may deem appropriate. Respectfully Submitted, STENGER & STENGER, P.C. Attorney; aintiff Dated: MAR 7 00 By: ) Le Denise M. Hallel #8406- 45 Aaron § Murray #29405-18 2618 East Paris Avenue SE Grand Rapids, MI 49546 Court Inquiries Ph: (877) 988-2280 Defendant/Counsel Ph:(888) 305-7775 Fax: (616) 942-9657 THIS IS A COMMUNICATION FROM A DEBT COLLECTOR. WE ARE ATTEMPTING TO COLLECT A DEBT AND ANY [INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.RS215573, P 14 EXHIBIT A LVNV Funding LLC C/o Stenger & Stenger, P.C. 2618 East Paris Avenue SE Grand Rapids, MI 49546 Account Statement Unpaid Balance as of February 28, 2017, $2.436.01 James Fox 366 Roxbury Park Goshen IN 46526-1744 Account # #8 +#49%6522 This statement was prepared on behalf of LVNV Funding LLC (debt purchaser) based on the business records of LVNV Funding LLC, which include information provided by the original creditor to any intervening assignees, as well as any entries made by LVNV Funding LLC in the ordinary course of business. This computer generated report has been produced on behalf of the debt purchaser. It is a computer generated summary; it is NOT an original statement. Pursuant to Administrative Rule 9, please see the Court file for confidential information including the full account number. THIS IS A COMMUNICATION FROM A DEBT COLLECTOR. WE ARE ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.RS215573, P 14 AFFIDAVIT OF DEBT EXHIBIT b Comes now affiant, and states: 4 1, Heather Bailey, am an employee of Resurgent Capital Services, LP, servicing agent for Plaintiff, and Tam authorized to make this affidavit. Lam of adult age and am fully authorized by Plaintiff to make the following representations which are true according to documents kept in the normal course of Plaintiff's business and/or my personal knowledge. 1 am familiar with the recordkeeping practices of Plaintiff. Plaintiff has obtained this debt from FNBM, LLC and the original owner of this debt was Credit One Bank, N.A.. James Fox , the Defendant, has an unpaid balance of $2,436.01 on account *********#446522, plus interest at a rate of 0.00%. This account was opened on 11/19/2009. The last payment from Defendant was received on 11/2/2015 in the amount of $199.95, The account which is the subject of the Complaint is a credit account. This account balance includes: a. Late fees in the amount of $ 0.00. b. Interest at a rate of 0.00%. c. Plaintiff is not seeking attorney's fees. Plaintiff believes that Defendant is not a minor or an incompetent individual. I swear or affirm under the penalties of perjury that the foregoing representations are true. Heather Bailey, Affiant The foregoing affidavit was signed to and subscribed before me this Monday, February 13, 2017. Cc {Notary Public | venti, PHER orUssiG; Pe &yotan,® RS215573 2O Cie eg PUBLIC 98.09 We ouTH OP oS brane i IMEI 624631027 EXHIBIT C AFFIDAVIT OF NON-MILITARY SERVICE STATE OF INDIANA ) IN THE ELKHART COUNTY SUPERIOR COURT | ISS: COUNTY OF ELKHART ) CAUSE NO. LVNV FUNDING LLC Plaintiff, vs. JAMES FOX Defendant(s) Comes now affiant and states: and is That upon information and belief, the Plaintiff believes that the Defendant is not in the US Military Act. therefore, not entitled to the rights and privileges provided under the Servicemembers Civil Relief I swear or affirm under the penalties of perjury that the foregoing representations are true. Respectfully Submitted, STENGER & STENGER, P.C. Attorneys forPlaintiff Dated: MAR & 7 2017 By: Deh bout Denise M. Hallett #8406-45 Aaron S Murray #29405-18 2618 East Paris Avenue SE Grand Rapids, MI 49546 Court Inquiries Ph: (877) 988-2280 Defendant/Counsel Ph:(888) 305-7775 Fax: (616) 942-9657 A THIS IS A COMMUNICATION FROM A DEBT COLLECTOR. WE ARE ATTEMPTING TO COLLECT BE USED FOR THAT PURPOSE. RS21 5573, P 14 DEBT AND ANY INFORMATION OBTAINED WILL