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Filing # 193077704 E-Filed 03/01/2024 08:21:11 AM
MIDLAND CREDIT MANAGEMENT, INC. IN THE COUNTY COURT OF THE
Plaintiff, NINETEENTH JUDICIAL CIRCUIT IN
AND FOR SAINT LUCIE COUNTY,
vs. FLORIDA
CASE NO.: 562024SC000814AXXXHC
TAMMY ROWE
Defendant. /
STATEMENT OF CLAIM
Plaintiff MIDLAND CREDIT MANAGEMENT, INC., sues Defendant, TAMMY ROWE, and
alleges:
1 This is an action for damages that does not exceed the jurisdictional amount pursuant to Florida
Small Claims Rule 7.010(b).
Before the institution of this action, Plaintiff's predecessor in interest, COMENITY BANK and
Defendant had business transactions between them under account number
XXXXXXXXXXXXX-9369. On January 31, 2022, the account was charged-off and a resulting
balance became due.
Plaintiff's predecessor rendered a statement of account to Defendant, a copy being attached, and
Defendant did not object to the statement.
Plaintiff subsequently acquired all right, title and interest to Defendant's account. A copy of the
chain of title and/or bill(s) of sale to Plaintiff is attached.
Plaintiff notified Defendant of the assignment more than 30 days before initiation of legal action,
pursuant to Florida Statute §559.715.
Plaintiff has met all conditions precedent to the initiation of this lawsuit, or those conditions have
been waived.
7
Defendant owes Plaintiff the principal balance of $1,566.26 and the costs of bringing this action.
WHEREFORE, Plaintiff demands judgment for damages against the Defendant in the amount of
$1,566.26 and costs.
/s/ Johan A. Green, Esq.
PAYAL CHATANL, Esq., Fla. Bar 25285
COLLEEN E. LEHMANN, Esq., Fla. Bar 33496
JOHAN A. GREEN, Esq., Fla. Bar 1011917
MELISSA HORNE, Esq., Fla. Bar 845051
ELIZABETH FERRELL, Esq., Fla. Bar 52092
CARRIE D. TAYLOR, Esq., Fla. Bar 11453
ADRIAN COLLINS, Esq., Fla. Bar 1039331
Attorneys for Plaintiff
PO BOX 2121
Warren MI 48090
(866) 300-8750 Phone
E-service address: IL_FL@mcmceg.com
PLEASE UNDERSTAND THIS COMMUNICATION IS FROM A DEBT COLLECTOR.
AN ATT. T LL,
ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
FL_0103G File No.: 24-15211 SCP ‘Client Number: 316657600
PAGE!
Enea ie i T Mee
‘Account no, seen sH08.9898.9969 New balance $1,565.26
Minimum payment due $500.92
Previous balance $1,493.08 Payment due date 02/05/2022
Payments 0.0
Other credits 0.00 Late payment warning:
Purchases 0.00 If we do not receive your minimum payment by 02/05/2022 you may
Other debits 0.00 a have to pay toa $41.00 late foe. 3
Fees charged 41.00 Minimum payment warning: Ifyou makeonly the minimum
Interest charged 32.18 Payment for each period, you will pay more in interest and it will take
New balance $156 you longer to pay off your balances. For example:
Past due amount 422.92 Ityou make no additional ‘You will pay off ‘And you will
Credit imit $1,210.00 charges using this card the balance shown end up paying an)
Available credit $0.00 land each month you pay: on the statement estimated total
Statement closing date owvio/2022 In about: of:
Days in billing cycle 31 ‘Only the minimum payment 4 years $2896
For information regarding credit counseling services,
call 1-800-284-1708,
Skip signing in to pay and use Some rity’ asyPay. It’s safe and convenient. Use your smartonone camera or code
reader to scan the QR code printed 01 your payment sto delow to get started,
TRANS DATE ‘TRANSACTION DESCRIPTION/LOGATION AMOUNT.
Fees
01/05/2022 LATE FEE. 41.00
Total fees charged for this period $41.00
Interest charged
Interest charge on purchases $32.18
Total interest for this period $32.18
2022 totals year to date
Total fees charged in 2022 $41.00
Total interest charged in 2022 $32.18
r Meee
Your Annual Percentage Rate (APA) is the annual interest “ate on your account. See BALANCE COMPUTATION METHOD
on page 2 for more details. Minimum interest charge may exceed interest cha’ge below, per your credit card agreement.
TYPEOF JALANCE SUBJECT INTEREST
BALANCE APR TO INTEREST RATE CHARGE
Purchases 24,9900% (v) 1,516.46 (DA) 32.18
Etre neues ns
Effective February 2, 2022, the cutoff times for payments to be credited on the same day when the
payments are made over the phone and online are changing. Telephone and online Account Center
payments made by 5:00 pm Eastern Time will post on the same day. Please see the information provided
on the back of the first page of your statement for more details about payment cutoff times.
(COMMIWUED)
1
‘Pieces tear st perforation above
‘Account
ae
number 2 "9389
BE/SALLS 994
New balance
$1,566.26
Minimum payne
$500.92
led pa ment ts must reach us by 6pm ET
O Yes, | have moved or updated my
e-mail address - see reverse. ‘Amount on 02/05 2 1022.
‘enclosed:
$ vase make check payable to:
COMENITY - BEALLS DEPARTMENT STORES INC
HM tliat en! allt ‘Malthe
TAMMY ROWE, 18€ feturn this portion along with your payment to:
8905 SEAGRAPI PO BOX 650018
FORT PIERCE FL 34982-3265 DALLAS TX 75265-0018
Aft goofy AoE fff yt flan
44101007 ooo44s80L 335 000050052 O001S5bbeb
P i's portion for your rec Is (MA) We figure the interest charge on this balance by applying the periodic
What To Do ff You Think You Find A Mistake On Your Statement ste to the “average daily balance” fo: the ling pettod. To get
you tne Core is ro ony L writs to as ats Cormeity “average daly balance” we ing balance each day, add any
anc PO Bor 182/82, Saba. ase 27a new tensactions and fees and subtract any unpaid interest chatges and
payments or credits (treating any net credit balance as a zoro balance). This
In your latter, give as ta following information: Bives the daiand balance.
billing usperiod
Then, we add up all the daily balances
divide the total by the number
for the
of days in the billing
Account ttwrnatine: Your me and account rub period. This gies us the "average daly balance.
*© Dollar aceaunt: The dollar amountol the suspected ar
* Descr of Probie It you think there tsa erieon your bill CREDIT REPORTING. Wo may report information about your account to
deseribe wial yua believe Is worn and wry you Deli isa stake credit bureaus. Labs payin, payment, oF other defaults on your
You mast contact as wit 80 dys after the 10" apoeired on your ‘account ay be rellected in your credit report
staten 1 [NOTICE OF CREDIT REPORT DISPUTES
You tnustnobiy 4s of ry potential ern i writing. You 1 us, but it [es ele rnin norms Oamented eran
submit a ditect dispute to Comenity Bank PO
you do wo are tat quired to rwvostigalo any gotential eos and you ay
fave to pay the ammo in question. Boyency is inace:Columbus, ON43218
182789, 789. Your written dispute must
provide ent information to identily the account ard specily why the
hike we vests ete a tee hs See a, loin Information is inaccurate
ae * Account information: Your and wccount umber
3 we cart ty to collect tne amount quest 0 tea you as + Contact information: Your address and telephone numt
dlinguont om that amount © Disputed Information: Identity tne account intonation disputed and
Ihe charge custo gy “emai 1 your saber, ard we may ‘explain wy you eleve its Inaccurate
eon to carpe yo4 intrest on that arcu. But, if we determine that © Supporting Documentation: If available, provide « copy ot the section ot
ve ace asta, you will wt tare to ay te amar 1 question ‘credit report showing the account riorration you-are disputes
a into erT2es rated to tat aNoun Wie wil iavestiyaty the disputed tration and report the results to you
1 le you do ok naveto ogy te iit 1 question, you ae responsible within 30 daysof receipt ofthe intimation ded for uur ivestztion. It
for the wma of your lance. ‘we Find thatthe account intoreation we ieported ts ieazcurate, we wil
He can apply ry utpatd amount azarst your eed in tly provide the recessary conection te each Curie report
Your Rights i You Are Dissatstied With Your Credit Gerd Purchases ‘agency tu whichwe reported the intonation
H you a > dissalistiod wit goods o° services thal you nave purcased PAYMENTS MARKED “PAID IN FULL". All w ite communications esa,
vit you edi ea, an you have tried in good lll disputed amounts that include any checkof olher payment instrument
proble il Une twshant you may have Une “ighL nok to pay tre remaling saiked with “payent al saa Laue st be se 3000
‘amount due on Lae parerase Keng Di , ity 120 Canin, 0
fe ENCLOSED Il ane ENVELOPE,
|v ase ts inet, allot te follomrns ust be tae: = We may accept payment sont to any other address without losing any of
Lie Jae-ase must hee ned nyo asa vith 199 four ri
nilesof youre. mail ‘ated Lie parcrase pri must Bae = No payin shall operate as an accord and salislaction without piot
Dov te ha $2. ee these ese you pute walla approval
based omar ahve tise new nailed (0 yOu. oT we: ov Ue CO DANY CUSTOMER SERVICE. Visit comenity ne/beallstiorida o- call
Uhal sold you the goodsor so-vices, 1 866 90/2094 (IDDVITY 1 B00 > 1/88),
2. Yos mint have ssed your credit sand for tre purease. Purchases made TELEPHONE MONITORING. To orovide you with high-quality sevice, phone
ta rath: ces from a ATI o> ita secs that accesses: eit unicalion wilh us is monilored andor recor:
(Card asin donot aly ADDITIONAL FORMATION, In lon deans, when wap
3, You must woly: “vars Lally paid Lo areas. nthe font of you statement, nan
Mall tm ti bor amet ayo am til aie wi te {this rate may vary); WV 7 means WAIVE INTF RST, PAYMENT
as. cma asin wig al Comaniy Bank PO Boe 182782, RFQUIRTD; INT Ta PY mana WANE IMTPRTST QUAL PAYMENT:
Sot: . INT LOW PMT means WAIVE INTTRCST, LOW PAYMENT: DF INT PY RQ
means DITTR INTTRTST, PAYMENT REQUIRED; DFT INT Ta PY means
‘While Fvostiale, Lv same rales apoly to Ue dispated amount as DEFT INTTREST, FQUAT PAYMENT; DF INT LOW PMT means DETTR
iscassod ave, Aller we Tins ur vestigation, we il tell you ou INTREST, LOW PAYMINT and LOW APR (PAY means |OW APR, TQUAL
decision. AL tha point ine you ome anwounl and you do aol pay PAYMIENT. Ifyou have a variable rate account, your periedic rates may vary
we may teal you asd I ingue nt. fou may pay all of your Account balance at any time without penalty
HOW TO AVOID PAYING INTEREST. Your due dale is al least 25 days aller ‘Send all inquiriesto: CUSTOMER SERVICE, PO Bor 182273, Columbus, OH
lose of eae billing zycle, We wil interest on purenases, agi
if yo pay your ant's balance by the due date each month. We will gin t ‘Send all bankruptcy notices and related correspondence to Comenity Bank,
charg interest on ‘ew pareases made undera Low APR, rqual Payment Bankruptcy Department, PO Box 182125, Columbus, OH 43218-2125,
‘or Budget 2ayment Sredit Play fom te date of ou
NOTICE
check as ABOUT payneELECTRONIC CHECK CONVERSION. Wren you p-wide a
BALANCE COMPUTATION METHOD, We calla nes Scare or author ice us eit Lo Use i alin Tm sur
‘each oalance Jsing the ‘nethod) te = tek to mak ine time electronic Turd Waste om your account ot to
farantowns not ts Slane Sse ners eer 2 ye iocess the payment asa check transact en me use Inoralint hom
Intorast Crarge Calclation section on this statement coresconds fo the ut check to make an electronic turd Wat er, lund i
followrg: froin your accout sooet asthe sar we your payinent, and
(OA We Tiyate the interest crane 07 Lois bala aoplyry te periodic you mill nol receive your check back from your financial institution.
fate tothe “daily balerice” Io each day inte ail oetiod, fo wet tne
‘daily alana” we take Lae sp balance each day. ad nye
Uwanwactions and lees ane suot a payers O° credits (eats any net
‘crud alance as 229 Dalrree). His pives as Vie dally Dali
PAYMENTS: oyu county the oament is dt byte tins sad below. f we do ot mci your amen in acoret format uid blow it
‘may not be codedt rt for ap to five days, oF may de rejected. Also, your payment must reach us by the payment cutoff time that applies to
the poy em nethod ya select.
Correct Format. Correct fon fr differentpay i veto Jade:
rk 3 crack oe easnia's crack payaole US. dallas, to the name and address shown on
this Statomant inthefs Seidoayment pe st ia gy Balan ‘and minimum payment amount. 30 sureto i ude you: payont stu, donot staple oF
clip yoat sapien to the stua, nade your acca nan on Yul Check eH wily ne wit yout Stat aed ove um oe
bay: et stu ity: rolton, 1X
id theadd
adionaleid format 29co snes
espe a'sce tsi yor same 38a 09 it Yo sould oe
Dayrnonts unless thera dispute,
ella Drive, Sut
in which case you follow the Paynonts
Maced *2aid li full” secthon aaove, Jo Wot sein cash 0" BY You can catmakecalla payment
cates.a ioe.Pay Online: us tll fee at 1 866 90/ 9594 (1D
}) Lo nace a aaymoni by (alepone, wi may Include online al eomenity-neV/bealsforida
Instore You van ke pay ets Fsbo
Payment Cutoff Times. Payment cutoll mesideadlines for us to pay nets due date 07 tis Statement in the payment stub area at te
5: Mail a 16:00 pm Laster Lime (LL By Pony 20 LI, Oni: By S88) rd He 3y Ce te
the sto'= clasesat te ocationyou take you jaye
New Information
Title (optional) First Name Mi
Last Name. ‘Soc. Sec. No.
Street Address.
Apt. No. RR PO Box
City State Zip Code Foreign Map Code
Home Phone Work Phone
Email Address
=4
PREM fn
IMMEDIATE ATTENTION REQUIRED! Your Account is extremely past due and will be written off as a
bad debt at the end of this month, To avoid this, you can pay the Minimum amount shown on this,
statement before the end of this month. if you are not able to pay the Minimum Payment amount, we will
stil be able to assist you and prevent your account from being written off. Call us at 1-855-617-8089
(TDD/TTY 1-800-695-1788) and we will find a suitable payment before the end of this month. If written off,
the bad debt will be reported to the three major credit bureaus and our Recovery team will determine the
appropriate steps, as permitted and available under applicable law, to protect our interests.
IMPORTANT INFORMATION ABOUT LATE FEE CREDITS
We may occasionally provide a credit for the amount, part or all, of a late fee charged to your account. If
we do, we will charge a fee of up to $41.00 for any subsequent late payment. In addition, we may reverse
the credit and repost the charge to your account if you fail to make the minimum payment due on or
before the due date in the next billing period.
Consumers are entitled to one free credit report per year. To request yours call 1-877-322-8228 or visit
annualcreditreport.com
44101007 oo044802 35 000050052 OO01S5bb2b
PAGE 4O= 4
EXHIBIT A
BILL OF SALE
Comenity Bank (“Seller”), for value received and pursuant to the terms and
conditions of that certain Credit Card Account Purchase Agreement dated October 25,
2019 between Seller and Midland Credit Management, Inc. (“Purchaser”), its successors
and assigns (“Credit Card Account Purchase Agreement”), hereby assigns effective as of
the Closing Date of February 22, 2022 all rights, title and interest of Seller in and to
those certain Accounts described in the Credit Card Account Purchase Agreement
and Schedule | (the “Asset Schedule”) attached hereto and made part hereof for all
purposes, to Purchaser.
The information contained in the Sale File (collectively, “Seller’s Accounts
Information”) is true and complete as of the File Creation Date. Further, all of the
information contained in Seller’s Accounts Information (a) constitutes Seller’s own
business records regarding the Accounts and (b) accurately reflects in all material
respects the information about the Accounts in Seller’s possession. All of Seller’s
Accounts Information has been kept in the regular course of Seller’s business, and was
made or compiled at or near the time of the event and recorded by (or from information
transmitted by) a person (i) with knowledge of the data entered into and maintained in
Seller’s business records, or (ii) who caused the data to be entered into and maintained in
Seller’s business records. All capitalized terms used, but not defined, in this Bill of Sale
shall have the meanings assigned to such term in the Credit Card Account Purchase
Agreement.
This Bill of Sale is executed without recourse except as stated in the Credit Card Account
Purchase Agreement to which this is an Exhibit. No other representation of or warranty of
title or enforceability is expressed or implied.
COMENITY BANK Midland Credit Management, Inc.
denulle Morywo—
By: lite Sf By: k
7
Date: 3/ Y fay Date: 3/17/2022
Title:'Chief Credit Officer Title VP of Business Development
SCHEDULE 1 TO BILL OF SALE
ASSET SCHEDULE
The individual Accounts transferred pursuant to the Credit Card Account Purchase Agreement and
Bill of Sale are described in the electronic file named
MCMG_HF_FEB_2022_DPL_CB.TXT;MCMG_HF_FEB_2022_LCS_CB.TXT by delivered
Comenity Bank to Midland Credit Management, Inc, on February 14,
2022 and summarized in the table immediately below (the “Sale File”).
# of Charged-off
Accounts
Aggregate Unpaid Balance Percent File Creation Date
02/11/2022
EXHIBIT B
CLOSING STATEMENT
AGREEMENT DATE: October 25, 2019
SELLER: COMENITY BANK
PURCHASER: Midland Credit Management, Inc.
MCMG_HF_FEB_2022_DPL_CB.TXT; .5
FILE NUMBER: MCMG I EB_2022_LCS_CB.TXT
NUMBER OF ACCOUNTS:
TOTAL UNPAID BALANCE:
PURCHASE PRICE
PERCENTAGE:
PURCHASE PRICE:
FILE CREATION DATE: February 11, 2022
CLOSING DATE: February 22, 2022
WIRING INSTRUCTION
PORTFOLIO LEVEL AFFIDAVIT OF SALE BY ORIGINAL CREDITOR
STATE OF: UTAH
COUNTY OF: SALT LAKE
Ont_ 3/4 [22 , Bruce Bowman (“Affiant”) being duly sworn, deposes and says:
1am over 18 and [ am the Chief Credit Officer of Comenity Bank (“Seller”). In that capacity and as
part of my regular job duties, | have custody of certain business records of Seller, routinely review
such business records, and am familiar with Seller’s processes for the sale and assignment of accounts
and business records, including those that are maintained in electronic form.
Seller owns certain accounts, and maintains and records information in the records as they relate to
such accounts. | am authorized to make the statements and representations set forth in this affidavit on
behalf of Seller. The statements set forth herein are true and correct to the best of my knowledge,
information, and belief, based on either personal knowledge or review of the business records of the
Seller. If called upon as a witness, I can testify competently to the facts contained herein.
My regular job duties include having knowledge of, and access to, business records relating to the
Accounts (as defined below). These records are kept by Seller in the regular course of business, and it
was in the regular course of business of Seller, for an employee or representative with personal
knowledge of the act, event, condition, or opinion recorded to make memorandum or records or to
transmit information thereof to be included in such memorandum or records; and that the records were
made at or near the time of the act and/or event recorded or reasonably soon thereafter.
On or about 02/22/2022 Seller sold a pool of charged-off accounts (the “Accounts”) by a Credit Card
Account Purchase Agreement to Midland Credit Management, Inc. (“Buyer”). The original creditor at
the time of charge-off was Comenity Bank.
Pursuant to the sale, Seller sold, transferred, assigned, conveyed, granted, bargained, set over and
delivered to Buyer and its successors and assigns, good and marketable title to the Accounts and any
unpaid balance free and clear of any encumbrance, equity, lien, pledge, charge, claim or security
interest. I am not aware of any errors in the Accounts.
In connection with the sale of the Accounts, electronic and other records were transferred to or
otherwise made available to the Buyer (the “Transferred Records”). The Transferred Records have
been kept in the regular course of Seller’s business, and were made or compiled at or near the time of
the event and recorded by (or from information transmitted by) a person
(i)with knowledge of the data entered into and maintained in Seller’s business records, or (ii) who
caused the data to be entered into and maintained in Seller’s business records, To the extent that the
Transferred Records include records that were prepared by a third party, they are records that were
incorporated into the records of Seller as a business record and the accuracy of such records are relied
upon by Seller in the regular course of business.
7. I certify under penalty of perjury that the foregoing is true and correct.
FURTHER AFFIANT SAYETH NOT.
Signed this a day of March, 2022.
Lice (Be ———
Bruce Bowman (AFFIANT NAME)
Comenity Bank
Subscribed and swom to before me this gh day of March, 2022, by
Weuce Pouwnan an employee of Comenity Bank
Publi
CE JENNIFER PARDUE
Notary Publtc - State of Utah
Comm. No. 718844
‘My Commission Expires on
Jun 17, 2025
CERTIFICATE OF CONFORMITY
STATE OF UTAH
COUNTY OF SALT LAKE
The undersigned does hereby certify that he is an attorney at law duly admitted to practice in the
State of Utah and is a resident of Utah, County of Salt Lake, Utah; that he is a person duly
qualified to make this certificate of conformity; that the foregoing acknowledgment by Bruce
Bowman named in the foregoing instrument taken before Jennifer Pardue a notary in the State of
Utah duly conforms with the laws of the State of Utah, being the State in which it was taken; and
when executed by Mr. Bowman in the manner indicated will qualify as a valid and effective
sworn statement in such state.
3-//- 4033 Nuoege hi H CF}
Date Attorney at LAw for the State of Utah