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  • MIDLAND CREDIT MANAGEMENT INC -VS- LISA GREGOR19 - CONTRACT/INDEBTED,ETC document preview
  • MIDLAND CREDIT MANAGEMENT INC -VS- LISA GREGOR19 - CONTRACT/INDEBTED,ETC document preview
  • MIDLAND CREDIT MANAGEMENT INC -VS- LISA GREGOR19 - CONTRACT/INDEBTED,ETC document preview
  • MIDLAND CREDIT MANAGEMENT INC -VS- LISA GREGOR19 - CONTRACT/INDEBTED,ETC document preview
  • MIDLAND CREDIT MANAGEMENT INC -VS- LISA GREGOR19 - CONTRACT/INDEBTED,ETC document preview
  • MIDLAND CREDIT MANAGEMENT INC -VS- LISA GREGOR19 - CONTRACT/INDEBTED,ETC document preview
  • MIDLAND CREDIT MANAGEMENT INC -VS- LISA GREGOR19 - CONTRACT/INDEBTED,ETC document preview
  • MIDLAND CREDIT MANAGEMENT INC -VS- LISA GREGOR19 - CONTRACT/INDEBTED,ETC document preview
						
                                

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MIDLAND CREDIT MANAGEMENT, INC. IN THE COUNTY COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT IN AND FOR SEMINOLE COUNTY, FLORIDA CASE NO.: 2024SC002356 LISA GREGOR Defendant. STATEMENT OF CLAIM Plaintiff MIDLAND CREDIT MANAGEMENT, INC., sues Defendant, LISA GREGOR, 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, Plaintiffs predecessor in interest, THE BANK OF MISSOURI and Defendant had business transactions between them under account number XXXXXXXXXXXX- On December 07, 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. a Defendant owes Plaintiff the principal balance of $3,691.63 and the costs of bringing this action. WHEREFORE, Plaintiff demands judgment for damages against the Defendant in the amount of $3,691.63 and costs. /s/ Johan A. Green, Esq. PAYAL CHATANI, 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, Es 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@memcg.com PLEASE UNDERSTAND THIS COMMUNICATION IS FROM A DEBT COLLECTOR. IS AN ATTEMPT TO COLLECT A DE ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. FL_0103G File No.: 24-51353 SCP Client Number: 321550655 HELZBERG he DIAMONDS. LISA GREGOR Account number mel ACCOUNT SUMMARY PAYMENT INFORMATION Credit Limit $3,000.00 New Balance $3,691.63 Available Credit $0.00 Minimum Payment Due $2,656.66 Past Due Amount $2,316.92 Payment Due Date January 05, 2023 Overlimit Amount $691.63 Late Payment Warning: If we do not receive your minimum Statement Closing Date December 06, 2022 payment by the date listed above, you may have to pay alate fee Days in Billing Cycle 30 of up to $49.00. Previous Balance $3,552.97 - Payments & Credits $0.00 Minimum Payment Warning: If you make only the minimum + Purchases & Other Charges $0.00 payment each period, you will pay more in interest and it will take + FEES CHARGED $40.00 you longerto pay off your balance. For example: + INTEREST CHARGED $98.66 | If you make no You will pay off the And you will end up = New Balance $3,691.63 additional charges balance shown on this paying an estimated | using this card and statement in about. total of. QUESTIONS? Call 1-800-307-5617 each month you pay Please mail billing inquiries to: ‘Only the minimum 6 months $3,878.00 Genesis FS Card Services payment P.O. Box 4499 If you would like information about credit counseling services, call Beaverton, OR 97076-4499 1-800-307-5617. www.genesiscard.convhelzberg Notice: SEE REVERSE SIDE FOR MORE IMPORTANT INFORMATION TRANSACTIONS Tran Post Date Date Reference Number Transaction Description Amount FEES 12/06 12/06 LATE FEE 40.00 TOTAL FEES FOR THIS PERIOD 40.00 INTEREST CHARGED 12/06 12/06 Interest Charge on Purchases 98.66 TOTAL INTEREST FOR THIS PERIOD 98.66 Totals 2022 Year-to-Date Total fees charged in 2022 $309.00 Total interest charged in 2022 $732.63 Please detach bottom portion and submit with payment using enclosed envelope PAYMENT INFORMATION Genesis FS Gard Services Account number HELZBERG PO BOX 4477 DIAMONDS. Beaverton OR 97076-4477 Payment Due Date January 05, 2023 New Balance $3,691.63 Minimum Payment Due $2,656.66 Make Check Amount Enclosed: $ Payable to: LISA GREGOR 514 TIBERON COVE RD GENESIS FS CARD SERVICES LONGWOOD FL 32750-2951 ALM eg fe EN fee ange te set ggg AL tg | PO BOX 84049 Columbus GA 31908-4049 [fpelee af o AULA fot eye gadget |g What To Do If You Think You Find A Mistake On Your Statement ‘CREDIT BUREAU REPORTING you think there isan error on your statement, please write tousat Helzberg Diamonds Private WE MAY REPORT INFORMATION ABOUT YOUR ACCOUNT TO CREDIT BUREAUS. LATE PAYMENTS, ‘Account, P.0. Box 4499, Beaverton, OR 97076. In your letter, lease provide the following ‘MISSED PAYMENTS, OR OTHER DEFAULTS ON YOUR ACCOUNT MAY BE REFLECTED IN YOUR information: CREDIT REPORT. + ‘Account information: Your name and Account number. . Dollar amount: The dolar amount ofthe suspected error DEFERRED INTEREST PROMOTIONS: + Descriptionof problem: Ifyou think there isan error onyur bil, describe what you believe is INTEREST CHARGESwil ot be imposed on a purchase balance within a deferred interest promotion period if such purchase balance is paid in full by the Promotion End Date (as shown on the wrong and why you believe itis a mistake. front of your statement, applicable). ‘You must contact us within 60 days after the error appeared on your statervent. You must natity us However, such purchase balance is not paid in full and the defered interest promotion period of ay potential erors in writing. You may callus, but f you do we are not required to investigate any ends, an INTEREST CHARGE amount equal tothe INTEREST CHARGES that vould have accrued potential errors ard you may have to pay the amount in question. While we investigate wether or not if no deterred interest promotionwas in effect on the purchase balance for al prior billing cycles ‘there has been anerror, the following ara true: willbe ad¢ed to your account. A deterred interest promotion period will end when one or more of . We cannot try to collect the amount in question, or report you as delinquent on that amount. the foilowng events occurs: (1) the promotion perioc expires (Le, promotion end dat), or (2) your account becomes more than 180 days past du, oF (8) your accourt is charged of for any reason. . ‘The charge n question mey remain on your statement,and we may continue to charge you ‘See your Account Agreement forthe compte terms of deferred intrest promotions, interest on that amount. But, if we determine that we made a mistake, you will not have to pay HOW INTEREST CHARGES ARE DETERMINED the amountin question or any interest or other fees related to that amount ‘The INTEREST CHARGE for any Biling Cycle wl include the Biled INTEREST CHARGE amounts \While you do not have to pay the amount in question, you are responsibie forthe remainder of ‘computed by multiplying the applicable Monthly Periodic Rate shown on the front of your statement your balance to your Average Daily Balance of Purchases and mutpiying the result by the number of days inthe ‘We can apply any unpaid amount against your credit iit. Billing Cycle. However, ro interest wil be assessed on Purchases tht are within a deferred interest promotion period duringa Billing Oycte, ‘Your Rights if You Are Dissatisfied With Your Account Purchases Ityou are dssatisted with the goods or services that you have purchased wsing your Account, and Calculating the Balance Subject to INTEREST CHARGES ‘you have tried in good faith to cerect the probiem withthe merchant, you may have the right notto ‘To get the Average Daily Balance of Purchases we takethe beginning Purchase Balance of your pay the remainingamount due onthe purchase. ‘Account each day, including unpaid Billed INTEREST CHARGES (it applicable) on Purchases, ‘To.use this right, all ofthe following must be true: ‘add any new Purchases as ofthe date ofthe transaction and subtract the applicable portion of ary payments or credits as ofthe transaction date, This ives us the Daly Balance of Purchases. Then we 1 ‘The purchase must have been made in your home state or within 100 miles of your current ‘add all these daily balances for the Billing Cycle together and divide the total by the number of days in ‘mailing address, andthe purchase price must have been more than $50. (Note: Neither ofthese the Biling Cycle to get the Average Daily Balance of Purchases. are nocessary if your purchase was basod on an advertisement we mailed to you, orf we own When INTEREST CHARGES Begin to Accrue ‘the company that sold you the goods or services.) 2 You must have used your Account forthe purchase. ‘Except for Purchases thet are within a deferred interest promotion period during te Bling Cycle, 3 You must not yet have fully pad fr the purchase. periodic INTEREST CHARGES on Purchases willbe imposed atthe Monthly Periodic Rate from the date each Purchase is made and will continue to accrue on unpaid balances as forgas they remain Hal ofthe criteria above are met and you are stil dissatistied withthe purchase, contact us in wrth at Unpaid. Thereis no grace period on Purchases and, except for Purchases that ae within a defered Helaberg Diamonds Private Account, P.O. Box 4499, Beavertor, OR 97076. interest promotion period, there i no period within which to avoid paying INTEREST CHARGES on |Whie we investigate, the same rules apply tothe disputed amount as discussed above, After we finish Purchase Balances. ‘ur investigation, we wil tel you our decision, At that point, i we think you owe an amount and you do OTHER DISCLOSURES ot pay, we may report you as delinquent. ‘The Issuer ofthis Account fs The Bank of Missouri ard is serviced by Genesis FS Card Services, nc PAYMENTS For AR, HL, 1A,ME Residents: This communication is trom a debt collector. Payments should be mailed with the payment coupon and in the envelope provided tothe Helzberg ‘Thisis an attempt to colect a debt and any information obtained will be used for the purpose. Diamond Private Account payment addrass indicated on tha paymant coupon. Any paymmant received ramus -ussziss0ze in that form and at that address on or before 5:00 P.M. Eastem Time on a normal bankingday willbe Credited to your Account that day. If your payment is received in that form and at that address after 5:00 P.M. Easter Time on a normal banking diy, or anytime on a non-banking day, we wil credit Ietoyour Accountthe next banking day. Payments can also be made ontne by visiting the website acess indicated onthe payment coupon and the front ofthis billing statement ‘When you provide a check as payment, you authorize us ether to use the information from your chesk to make a one-time electronic fund transfer from your account oo process the payment as ‘a cieck transaction. When we use information from your cheek to make an electronic fund transfer, funds may be withdrawn from your account assoon as the same day we receive your payment and, ‘you wil not receive your check back from your financial institution. Payments receivedat other than the remittance address on the face of tis statement may be subject 10 adelay in crediting of up to 5 days after the date of receipt Detach here v and return below portion with your remittance. After detaching, retain upper portion for your future reference. ADDRESS / PHONE NUMBER CHANGE FORM By providing a celular phone number or a number that is later convertedto a cellular phone number, you are expressly consenting that we (and any other owners or servicers of your Account) may contact you via phone or text message, including the use of pre-recorded messages and calls and messages using an automated dialing system, STREET ciry STATE ZIP CODE HOME PHONE BUSINESS PHONE EMAIL ADDRESS, LISA GREGOR Aecount jun ber IMPORTANT ACCOUNT INFORMATION YOUR ACCOUNT IS PAST DUE. THE PAST DUE AMOUNT IS INCLUDED IN THE MINIMUM PAYMENT. PLEASE REMIT IMMEDIATELY. YOUR ACCOUNT IS CURRENTLY OVER YOUR CREDIT LIMIT. YOUR ACCOUNT IS CURRENTLY CLOSED. INTEREST CHARGE CALCULATION Your Annual Percentage Rate (APR) is the annual interest rate on your account Promotion Balance Subject to Annual Percentage Deferred Interest Type of Balance Balance End Date Interest Rate Rate (APR) Interest Charged Purchases $0.00 NIA $0.00 33.90% NA $0.00 SPECIAL FINANCING PURCHASE Transaction Date: 03/27/22 $3,491.63 10/06/22 $3,392.97 34.90% NIA $98.66 (v) = variable SPECIAL FINANCING PURCHASE NOTICE: If your Special Financing Purchase above is a deferred interest promotion, you must pay the balance in full by the Promotion End Date to avoid paying deferred interest charges. Please see the "Deferred Interest Promotions” section on the back of the statement for further details. BILL OF SALE AND ASSIGNMENT OF ACCOUNTS FROM THE BANK OF MISSOURI TO GENESIS FS CARD SERVICES, INC. Pursuant to and in accordance with THE BANK OF MISSOURI: Section 36 of that certain Second Amended and Restated Receivables Sale Agreement (as amended, the “RSA”), effective as of March 24, 2020, by and between The Bank of Missouri (“Seller”) and Genesis FS Card Services, Inc. (“Buyer”), as of the applicable account charge off date, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Seller transferred, assigned and set- over to Buyer all right, title and interest of Seller in and to those certain charged-off accounts specified in Exhibit A, which were originated by Seller. Dated: 04/13/2023 THE BANK OF MISSOURI — 2h Ada By: a rh ag007 Name: Mark Barker Title: Chief Contract Services Officer EXHIBIT A ACCOUNT SCHEDULE Those accounts pursuant to the RSA and this BILL OF SALE AND ASSIGNMENT OF ACCOUNTS FROM THE BANK OF MISSOURI TO GENESIS FS CARD SERVICES, INC. that are specifically identified in the electronic file named ‘Account Data (CO-1033) - Midland - GPCC - Flow 7’ and ‘Account Data (CO-1033) - Midland - Jewelry and Other - Flow 1.xlsx’ with such electronic file incorporated herein by reference. BILL OF SALE Closing Date: March 30, 2023 Genesis FS Card Services, Inc., an Oregon corporation ("Seller"), in consideration of the Purchase Price (as defined in the Agreement referred to below) and other valuable consideration, the receipt of which is hereby acknowledged, hereby sells, assigns and transfers all right, title and interest in and to (i) the Accounts identified in the Sale File entitled ‘Account Data (CO-1033) - Midland - Jewelry and Other - Flow 1.xlsx’ (which may be in electronic form) to Midland Credit Management, Inc., a Kansas Corporation ("Buyer"), without recourse or representation except as expressly provided herein or pursuant to the terms, and subject to the conditions, set forth in the Agreement (the ““Accounts), and (ii) all proceeds of such Accounts. The information contained in the Sale File (collectively, “Account Information”) is true and complete in all material respects as of the Closing Date. Further, the information contained in the Account Information (a) constitutes business records regarding the Accounts maintained by the Seller and (b) accurately reflects in all material respects the information about the Accounts in Seller’s possession. The Account Information, whether acquired or created, has been kept in the regular course of business by Seller 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 business records maintained by Seller, or (ii) who caused the data to be entered into and maintained in business records maintained by the Seller. All capitalized terms used, but not defined, in this Bill of Sale shall have the meanings assigned to such term in the Agreement. This Bill of Sale is delivered pursuant to that certain Receivables Sale Agreement, dated as of October 12, 2022, by and between Seller and Buyer (as amended, restated, supplemented, or otherwise modified from time to time, the "Agreement"). All capitalized terms used but not defined in this Bill of Sale shall have the meanings assigned to such terms in the Agreement. MIDLAND CREDIT MANAGEMENT, INC. GENESIS FS CARD SERVICES, INC. tte, W All By: By: Jd Kk Name: Danielle Wohlfehrt Name: GREGG ATKINSON Title: _MVP, Business Development Title: CFO Receivables Sale Agreement dated October 12, 2022 AFFIDAVIT OF SALE OF ACCOUNT BY DEBT SELLER State of Ohio, County of Summit. Andrew Painter being duly sworn, deposes and says: Iam over 18 and not a party to this action. I am the Relationship Manager, Debt Sales of Genesis FS Card Services. (“Debt Seller”). In that position I am the custodian of Debt Seller’s books and records and am aware of the procedures used for the sale and assignment of electronically stored business records. On 3 Bo _/ 202% Debt Seller sold a pool of charged-off accounts (the “Accounts”) by a Loan Sale Agreement and a Bill of Sale to Midland Credit Management, Inc. (“Buyer”). All records were kept in the regular course of business. I am not aware of any errors in these Accounts. The above statements are true to the best of my knowledge. I" —Z2 Dated: /2_/ Y | 2023 LAF pe And orm to before me 0, % , ABO with Sarah Jane Seevers Notary Public, State of Ohio tamp) My Commission Expires: +ay August 21, 2028 Oe f2. a> CERTIFICATE OF CONFORMITY I Benjamin Comston, an attorney duly licensed to practice law in the State of Ohio, affirm under penalty of perjury and certify that I witnessed the signature of Andrew Painter as applied to the Affidavit annexed to this Certificate, which was signed and dated on QO! / ©. The manner in which same was signed was, and is, in accordance with, and conforms to, the laws for taking oaths and acknowledgments, in the State of Ohio. Dated: foiFs 2QoF3 BILL OF SALE AND ASSIGNMENT OF ACCOUNTS FROM THE BANK OF MISSOURI TO GENESIS FS CARD SERVICES, INC. Pursuant to and in accordance with THE BANK OF MISSOURI: Section 36 of that certain Second Amended and Restated Receivables Sale Agreement (as amended, the “RSA”), effective as of March 24, 2020, by and between The Bank of Missouri (“Seller”) and Genesis FS Card Services, Inc. (“Buyer”), as of the applicable account charge off date, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Seller transferred, assigned and set- over to Buyer all right, title and interest of Seller in and to those certain charged-off accounts specified in Exhibit A, which were originated by Seller. Dated: 04/13/2023 THE BANK OF MISSOURI — 2h Ada By: a rh ag007 Name: Mark Barker Title: Chief Contract Services Officer EXHIBIT A ACCOUNT SCHEDULE Those accounts pursuant to the RSA and this BILL OF SALE AND ASSIGNMENT OF ACCOUNTS FROM THE BANK OF MISSOURI TO GENESIS FS CARD SERVICES, INC. that are specifically identified in the electronic file named ‘Account Data (CO-1033) - Midland - GPCC - Flow 7’ and ‘Account Data (CO-1033) - Midland - Jewelry and Other - Flow 1.xlsx’ with such electronic file incorporated herein by reference. BILL OF SALE Closing Date: March 30, 2023 Genesis FS Card Services, Inc., an Oregon corporation ("Seller"), in consideration of the Purchase Price (as defined in the Agreement referred to below) and other valuable consideration, the receipt of which is hereby acknowledged, hereby sells, assigns and transfers all right, title and interest in and to (i) the Accounts identified in the Sale File entitled ‘Account Data (CO-1033) - Midland - Jewelry and Other - Flow 1.xlsx’ (which may be in electronic form) to Midland Credit Management, Inc., a Kansas Corporation ("Buyer"), without recourse or representation except as expressly provided herein or pursuant to the terms, and subject to the conditions, set forth in the Agreement (the ““Accounts), and (ii) all proceeds of such Accounts. The information contained in the Sale File (collectively, “Account Information”) is true and complete in all material respects as of the Closing Date. Further, the information contained in the Account Information (a) constitutes business records regarding the Accounts maintained by the Seller and (b) accurately reflects in all material respects the information about the Accounts in Seller’s possession. The Account Information, whether acquired or created, has been kept in the regular course of business by Seller 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 business records maintained by Seller, or (ii) who caused the data to be entered into and maintained in business records maintained by the Seller. All capitalized terms used, but not defined, in this Bill of Sale shall have the meanings assigned to such term in the Agreement. This Bill of Sale is delivered pursuant to that certain Receivables Sale Agreement, dated as of October 12, 2022, by and between Seller and Buyer (as amended, restated, supplemented, or otherwise modified from time to time, the "Agreement"). All capitalized terms used but not defined in this Bill of Sale shall have the meanings assigned to such terms in the Agreement. MIDLAND CREDIT MANAGEMENT, INC. GENESIS FS CARD SERVICES, INC. tte, W All By: By: Jd Kk Name: Danielle Wohlfehrt Name: GREGG ATKINSON Title: _MVP, Business Development Title: CFO Receivables Sale Agreement dated October 12, 2022 AFFIDAVIT OF SALE OF ACCOUNT BY DEBT SELLER State of Ohio, County of Summit. Andrew Painter being duly sworn, deposes and says: Iam over 18 and not a party to this action. I am the Relationship Manager, Debt Sales of Genesis FS Card Services. (“Debt Seller”). In that position I am the custodian of Debt Seller’s books and records and am aware of the procedures used for the sale and assignment of electronically stored business records. On 3 Bo _/ 202% Debt Seller sold a pool of charged-off accounts (the “Accounts”) by a Loan Sale Agreement and a Bill of Sale to Midland Credit Management, Inc. (“Buyer”). All records were kept in the regular course of business. I am not aware of any errors in these Accounts. The above statements are true to the best of my knowledge. I" —Z2 Dated: /2_/ Y | 2023 LAF pe And orm to before me 0, % , ABO with Sarah Jane Seevers Notary Public, State of Ohio tamp) My Commission Expires: +ay August 21, 2028 Oe f2. a> CERTIFICATE OF CONFORMITY I Benjamin Comston, an attorney duly licensed to practice law in the State of Ohio, affirm under penalty of perjury and certify that I witnessed the signature of Andrew Painter as applied to the Affidavit annexed to this Certificate, which was signed and dated on QO! / ©. The manner in which same was signed was, and is, in accordance with, and conforms to, the laws for taking oaths and acknowledgments, in the State of Ohio. Dated: foiFs 2QoF3