Preview
1 Christopher D. Mandarich SB 220693
Teona Pipia SB 343337
2 Martin Weingarten SB 201906
Ioana R. Neacsu SB 324660
3 MANDARICH LAW GROUP, LLP
P.O. Box 109032 Chicago, IL 60610
4 877.285.4918
Facsimile: 818.888.1260
5 Mandarich Law Group, LLP California Debt Collector License Number 10795-99.
Attorneys for Plaintiff: LVNV Funding LLC
6
SUPERIOR COURT OF THE STATE OF CALIFORNIA
7 IN AND FOR THE COUNTY OF KERN - UNLIMITED
8
9 LVNV Funding LLC, Case No.
Plaintiff,
10 COMPLAINT FOR:
vs.
11 1. BREACH OF CONTRACT
Juan DeLao, an individual; 2. OPEN BOOK ACCOUNT
12
and DOES 1 through 10 inclusive.
13 Defendant.
DEMAND: $44,214.00
14
Plaintiff alleges:
15
FACTS COMMON TO ALL CAUSES OF ACTION
16
1. Plaintiff is and at all times herein mentioned, LVNV Funding LLC, and successor in
17
interest to original creditor, SoFi Lending Corp..
18
2. Plaintiff is a debt buyer, and is the sole owner of the debt at issue. Plaintiff's California
19
Debt Collector License Number 10888-04.
20
3. The charge-off creditor at the time of charge-off is SoFi Lending Corp., 2750 E
21
Cottonwood Pkwy Cottonwood Heights, UT 84121, and the account number associated with this
22
debt is XXXX6589.
23
4. The subject credit account has been purchased by the following entities after charge-off:
24
Resurgent Acquisitions LLC P.O. Box 10466 Greenville, SC 29603. The subject credit account
25
was transferred by Resurgent Acquisitions LLC to Plaintiff LVNV Funding LLC, who maintains
26
an address at C/O Resurgent Capital Services LP P.O. Box 10466, Greenville, SC 29603.
27
28
COMPLAINT-1 of 5
1
5. Plaintiff is informed and believes that Defendant are individuals who currently reside
2
within the jurisdictional boundaries of the above entitled Court. Therefore, this Court is the
3
proper Court for trial of this action.
4
6. The name and last known address of the debtor as they appeared in the charge-off
5 creditor’s records prior to the sale of the debt is Juan DeLao , 1018 almond tree way , delano, CA
6 93215.
7 7. Plaintiff is unaware of the true names or capacities, whether individual, corporate,
8 associate or otherwise of the Defendant sued herein as DOES 1 through 10 inclusive, and therefore,
9 sued the Defendant by such fictitious names. Plaintiff will amend this Complaint to show their true
10 names and capacities once ascertained.
11 8. Plaintiff believes and at all times mentioned herein, each of the Defendant was, and is,
12 the agent, servant and employee, employer of each of the other Defendant, and also acted in the
13 capacity of and as agent of the other Defendant. Plaintiff also believes that the individual
14 Defendant, and each of them, are jointly and severally liable that the actions described herein
15 were taken as actions for the benefit of the Defendant's separate and/or community property.
16 9. Plaintiff believes that, for value received, Defendant and each of them, executed and
17 delivered a credit application to the original creditor, SoFi Lending Corp. or made such application
18 over the telephone or Internet. Pursuant to the aforementioned application, SoFi Lending Corp.
19 provided Defendant with a credit account, and granted use privileges on the same, account number
20 XXXX6589 (hereinafter
i
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316-499 500-549 550-599 600-649 650-699 700-749 750-799 800-850
© 2019 FICO; © 2019 Experian; All rights reserved FICO® Score 8 EXF5G-J
Page 11/15
Version Effective Date 7/12/2021
DocuSign Envelope ID: A377CA7B-80D6-4F85-9457-BBB9E40FA31F THIS IS A COPY
This is a copy view of the Authoritative Copy held
by the designated custodian
Checking Your Credit Report
What if there are You have a right to dispute any inaccurate information in your credit report. If
mistakes in your credit you find mistakes on your credit report, contact the consumer reporting
report? agency.
It is a good idea to check your credit report to make sure the information it
contains is accurate.
How can you obtain a
Under federal law, you have the right to obtain a free copy of your credit
copy of your credit
report from each of the nationwide consumer reporting agencies once a year.
report?
To order your free annual credit report-
By telephone: Call toll-free: 1-877-322-8228
W
On the web: Visit www.annualcreditreport.com
By mail: Mail your completed Annual Credit Report Request Form
IE
(which you can obtain from the Federal Trade Commission’s
web site at https://www.consumer.ftc.gov/articles/pdf-0093-
annual-report-request-form.pdf) to:
V
Annual Credit Report Request Service
P.O. Box 105281
Atlanta, GA 30348-5281
Y
How can you get more For more information about credit reports and your rights under Federal law,
information? visit the Consumer Financial Protection Bureau's Web site at
P
www.consumerfinance.gov/learnmore.
C O
Page 12/15
Version Effective Date 7/12/2021
EXHIBIT B
Cee
be 3 NEXT TASK RELEASE MY TASKS HOLD (2) Type to start searching...
2 Juan Delao’| tm Fixed with No Introductory Rate #& Loan sso
Last Deescalation
Escalate To Manager
Reason: Completed
Loan is unable to be worked due to current queue (Charge-Off)
Comment:
A Warning! This party is currently represented by a Debt Settlement Agency.
A Warning! Do Not Contact: Borrower filed Cease and Desist
Charge-Off
LOAN HANDLING STATUS
$44,214.00
CHARGE-OFF BALANCE
A Warning! Loan is currently in Charge-Off status.
F Information Transactions
E:] AutoPay
Audit Show Reversed
@ Comments
Post Date Effective Date Type Amount CheckNumber Principal Interest Fee Interest Fee Credit Principal ChargeOff
@ Documents
1/20/2022 1/20/2022 DISB 50,000.00 0.00 0.00 0.00 0.00 0.00 0.00 50,000.00 0.00 x
A Loan Modifications
1/20/2022 1/20/2022 ORIGFEE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 50,000.00 0.00 x
$ One-Time 1/20/2022 1/20/2022 CAP 0.00 0.00 0.00 0.00 0.00 0.00 0.00 50,000.00 0.00 x
Payments
1/20/2022 1/20/2022 REAM 0.00 0.00 0.00 0.00 0.00 0.00 0.00 50,000.00 0.00 x
PS Schedule
2/21/2022 2/21/2022 SCHEDPAYMENT 1,085.52 595.44 490.08 0.00 0.00 0.00 0.00 49,404.56 0.00 x
ws Statements
2/22/2022 2/22/2022 REAM 0.00 0.00 0.00 0.00 1513 0.00 0.00 49,404.56 0.00 x
UCOnIUIECAUON 3/2/2022 3/21/2022 SCHEDPAYMENT _—1,091.85 66813 42372 0.00 0.00 0.00 0.00 4873643 0.00 x
& Transactions 4/21/2022 4/21/2022 SCHEDPAYMENT 1,091.85 629.08 46277 0.00 0.00 0.00 0.00 4810735 0.00 x
= Charge Off 5/21/2022 5/21/2022 SCHEDPAYMENT 1,091.85 64979 442.06 0.00 0.00 0.00 0.00 4745756 0.00 x
@ SCRA 6/21/2022 6/2/2022 SCHEDPAYMENT _ 1,091.85 641.22 45063 0.00 0.00 0.00 0.00 46,816.34 0.00 x
7/21/2022 7/2/2022 SCHEDPAYMENT 1,091.85 66165 430.20 0.00 0.00 0.00 0.00 46,154.69 0.00 x
© Unboard
8/21/2022 8/21/2022 SCHEDPAYMENT 1,091.85 653.60 438.25 0.00 0.00 0.00 0.00 45,501.09 0.00 x
9/21/2022 9/21/2022 SCHEDPAYMENT 1,091.85 659.80 432.05 0.00 0.00 0.00 0.00 44,841.29 0.00 x
10/21/2022 10/21/2022. SCHEDPAYMENT _ 1,091.85 67980 412.05 0.00 0.00 0.00 0.00 44/61.49 0.00 x
1/21/2022 1/21/2022 SCHEDPAYMENT 1,091.85 672.52 41933 0.00 0.00 0.00 0.00 43,488.97 0.00 x
12/21/2022 12/2/2022. SCHEDPAYMENT _ 1,091.85 692.23 39962 0.00 0.00 0.00 0.00 4279674 0.00 x
1/21/2023 1/2/2023 SCHEDPAYMENT 1,091.85 685.48 406.37 0.00 0.00 0.00 0.00 42,1126 0.00 x
2/14/2023 2/14/2023 REAM 0.00 0.00 0.00 0.00 30957 0.00 000 42,1.26 0.00 x
6/30/2023 _—«6/30/2023 CHARGEOFF 44,214.00 4211.26 210274 0.00 0.00 0.00 0.00 0.00 44,214.00
7/10/2023 CURRENT 0.00 0.00 0.00 0.00 0.00 000 0.00 0.00 44,214.00
7/2/2023 STATUS 0.00 0.00 0.00 0.00 000 000 0.00 0.00 44,214.00
+ Add Transaction
Preview
1 Christopher D. Mandarich SB 220693 Teona Pipia SB 343337 2 Martin Weingarten SB 201906 Ioana R. Neacsu SB 324660 3 MANDARICH LAW GROUP, LLP P.O. Box 109032 Chicago, IL 60610 4 877.285.4918 Facsimile: 818.888.1260 5 Mandarich Law Group, LLP California Debt Collector License Number 10795-99. Attorneys for Plaintiff: LVNV Funding LLC 6 SUPERIOR COURT OF THE STATE OF CALIFORNIA 7 IN AND FOR THE COUNTY OF KERN - UNLIMITED 8 9 LVNV Funding LLC, Case No. Plaintiff, 10 COMPLAINT FOR: vs. 11 1. BREACH OF CONTRACT Juan DeLao, an individual; 2. OPEN BOOK ACCOUNT 12 and DOES 1 through 10 inclusive. 13 Defendant. DEMAND: $44,214.00 14 Plaintiff alleges: 15 FACTS COMMON TO ALL CAUSES OF ACTION 16 1. Plaintiff is and at all times herein mentioned, LVNV Funding LLC, and successor in 17 interest to original creditor, SoFi Lending Corp.. 18 2. Plaintiff is a debt buyer, and is the sole owner of the debt at issue. Plaintiff's California 19 Debt Collector License Number 10888-04. 20 3. The charge-off creditor at the time of charge-off is SoFi Lending Corp., 2750 E 21 Cottonwood Pkwy Cottonwood Heights, UT 84121, and the account number associated with this 22 debt is XXXX6589. 23 4. The subject credit account has been purchased by the following entities after charge-off: 24 Resurgent Acquisitions LLC P.O. Box 10466 Greenville, SC 29603. The subject credit account 25 was transferred by Resurgent Acquisitions LLC to Plaintiff LVNV Funding LLC, who maintains 26 an address at C/O Resurgent Capital Services LP P.O. Box 10466, Greenville, SC 29603. 27 28 COMPLAINT-1 of 5 1 5. Plaintiff is informed and believes that Defendant are individuals who currently reside 2 within the jurisdictional boundaries of the above entitled Court. Therefore, this Court is the 3 proper Court for trial of this action. 4 6. The name and last known address of the debtor as they appeared in the charge-off 5 creditor’s records prior to the sale of the debt is Juan DeLao , 1018 almond tree way , delano, CA 6 93215. 7 7. Plaintiff is unaware of the true names or capacities, whether individual, corporate, 8 associate or otherwise of the Defendant sued herein as DOES 1 through 10 inclusive, and therefore, 9 sued the Defendant by such fictitious names. Plaintiff will amend this Complaint to show their true 10 names and capacities once ascertained. 11 8. Plaintiff believes and at all times mentioned herein, each of the Defendant was, and is, 12 the agent, servant and employee, employer of each of the other Defendant, and also acted in the 13 capacity of and as agent of the other Defendant. Plaintiff also believes that the individual 14 Defendant, and each of them, are jointly and severally liable that the actions described herein 15 were taken as actions for the benefit of the Defendant's separate and/or community property. 16 9. Plaintiff believes that, for value received, Defendant and each of them, executed and 17 delivered a credit application to the original creditor, SoFi Lending Corp. or made such application 18 over the telephone or Internet. Pursuant to the aforementioned application, SoFi Lending Corp. 19 provided Defendant with a credit account, and granted use privileges on the same, account number 20 XXXX6589 (hereinafter i & 25% 5 = 2 < 21% iJ 2 20% 4 £ an 2 o 8 15% 4 n <= = F o 10% 4 2 o £ = 2 5% + ° oO - ° & 0% + 316-499 500-549 550-599 600-649 650-699 700-749 750-799 800-850 © 2019 FICO; © 2019 Experian; All rights reserved FICO® Score 8 EXF5G-J Page 11/15 Version Effective Date 7/12/2021 DocuSign Envelope ID: A377CA7B-80D6-4F85-9457-BBB9E40FA31F THIS IS A COPY This is a copy view of the Authoritative Copy held by the designated custodian Checking Your Credit Report What if there are You have a right to dispute any inaccurate information in your credit report. If mistakes in your credit you find mistakes on your credit report, contact the consumer reporting report? agency. It is a good idea to check your credit report to make sure the information it contains is accurate. How can you obtain a Under federal law, you have the right to obtain a free copy of your credit copy of your credit report from each of the nationwide consumer reporting agencies once a year. report? To order your free annual credit report- By telephone: Call toll-free: 1-877-322-8228 W On the web: Visit www.annualcreditreport.com By mail: Mail your completed Annual Credit Report Request Form IE (which you can obtain from the Federal Trade Commission’s web site at https://www.consumer.ftc.gov/articles/pdf-0093- annual-report-request-form.pdf) to: V Annual Credit Report Request Service P.O. Box 105281 Atlanta, GA 30348-5281 Y How can you get more For more information about credit reports and your rights under Federal law, information? visit the Consumer Financial Protection Bureau's Web site at P www.consumerfinance.gov/learnmore. C O Page 12/15 Version Effective Date 7/12/2021 EXHIBIT B Cee be 3 NEXT TASK RELEASE MY TASKS HOLD (2) Type to start searching... 2 Juan Delao’| tm Fixed with No Introductory Rate #& Loan sso Last Deescalation Escalate To Manager Reason: Completed Loan is unable to be worked due to current queue (Charge-Off) Comment: A Warning! This party is currently represented by a Debt Settlement Agency. A Warning! Do Not Contact: Borrower filed Cease and Desist Charge-Off LOAN HANDLING STATUS $44,214.00 CHARGE-OFF BALANCE A Warning! Loan is currently in Charge-Off status. F Information Transactions E:] AutoPay Audit Show Reversed @ Comments Post Date Effective Date Type Amount CheckNumber Principal Interest Fee Interest Fee Credit Principal ChargeOff @ Documents 1/20/2022 1/20/2022 DISB 50,000.00 0.00 0.00 0.00 0.00 0.00 0.00 50,000.00 0.00 x A Loan Modifications 1/20/2022 1/20/2022 ORIGFEE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 50,000.00 0.00 x $ One-Time 1/20/2022 1/20/2022 CAP 0.00 0.00 0.00 0.00 0.00 0.00 0.00 50,000.00 0.00 x Payments 1/20/2022 1/20/2022 REAM 0.00 0.00 0.00 0.00 0.00 0.00 0.00 50,000.00 0.00 x PS Schedule 2/21/2022 2/21/2022 SCHEDPAYMENT 1,085.52 595.44 490.08 0.00 0.00 0.00 0.00 49,404.56 0.00 x ws Statements 2/22/2022 2/22/2022 REAM 0.00 0.00 0.00 0.00 1513 0.00 0.00 49,404.56 0.00 x UCOnIUIECAUON 3/2/2022 3/21/2022 SCHEDPAYMENT _—1,091.85 66813 42372 0.00 0.00 0.00 0.00 4873643 0.00 x & Transactions 4/21/2022 4/21/2022 SCHEDPAYMENT 1,091.85 629.08 46277 0.00 0.00 0.00 0.00 4810735 0.00 x = Charge Off 5/21/2022 5/21/2022 SCHEDPAYMENT 1,091.85 64979 442.06 0.00 0.00 0.00 0.00 4745756 0.00 x @ SCRA 6/21/2022 6/2/2022 SCHEDPAYMENT _ 1,091.85 641.22 45063 0.00 0.00 0.00 0.00 46,816.34 0.00 x 7/21/2022 7/2/2022 SCHEDPAYMENT 1,091.85 66165 430.20 0.00 0.00 0.00 0.00 46,154.69 0.00 x © Unboard 8/21/2022 8/21/2022 SCHEDPAYMENT 1,091.85 653.60 438.25 0.00 0.00 0.00 0.00 45,501.09 0.00 x 9/21/2022 9/21/2022 SCHEDPAYMENT 1,091.85 659.80 432.05 0.00 0.00 0.00 0.00 44,841.29 0.00 x 10/21/2022 10/21/2022. SCHEDPAYMENT _ 1,091.85 67980 412.05 0.00 0.00 0.00 0.00 44/61.49 0.00 x 1/21/2022 1/21/2022 SCHEDPAYMENT 1,091.85 672.52 41933 0.00 0.00 0.00 0.00 43,488.97 0.00 x 12/21/2022 12/2/2022. SCHEDPAYMENT _ 1,091.85 692.23 39962 0.00 0.00 0.00 0.00 4279674 0.00 x 1/21/2023 1/2/2023 SCHEDPAYMENT 1,091.85 685.48 406.37 0.00 0.00 0.00 0.00 42,1126 0.00 x 2/14/2023 2/14/2023 REAM 0.00 0.00 0.00 0.00 30957 0.00 000 42,1.26 0.00 x 6/30/2023 _—«6/30/2023 CHARGEOFF 44,214.00 4211.26 210274 0.00 0.00 0.00 0.00 0.00 44,214.00 7/10/2023 CURRENT 0.00 0.00 0.00 0.00 0.00 000 0.00 0.00 44,214.00 7/2/2023 STATUS 0.00 0.00 0.00 0.00 000 000 0.00 0.00 44,214.00 + Add Transaction