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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