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ELECTRONICALLY FILED
Sevier County Circuit Court
Kathy Smith, Circuit Clerk
2024-Apr-25 11:14:08
67CV-24-44
CO9WD02 : 24 Pages
/
IN THE CIRCUIT COURT OF SEVIER COUNTY, ARKANSAS
CAVALRY SPV I, LLC, AS ASSIGNEE OF CITIBANK, N.A. PLAINTIFF
VS. No.
/
fi EDDIE G MUNOZ DEFENDANT
306 MELROSE RD
/ LOCKESBURG, AR 71846-9421
COMPLAINT
Comes the Plaintiff by its Attorneys, The McHughes Law Firm, PLLC, and for its breach
of contract cause of action against the Defendants, states and alleges:
1 The Plaintiff is a foreign corporation authorized to do business in the state of
Arkansas and is registered with the Arkansas Secretary of State. The Plaintiff is the assignee of
the original creditor, Citibank, N.A./My Best Buy, and current owner of the account which was
purchased for good and valuable consideration and is the subject of this lawsuit.
2 Venue of this action is proper in the county named above because the Defendant
is an individual believed to be residing in said County at the time of the commencement of this
suit. The Plaintiff's cause of action is contractual in nature. Therefore, this court has jurisdiction
over the subject matter and the parties hereto.
3 The Defendant accepted and used, or allowed to be used, a credit card issued by
the original creditor. By using and or authorizing the use of the credit card, the Defendant
accepted the contract with the issuer and became bound to pay for all charges incurred with the
* @
| | | | | | | || |
80 43 30 o1 51 -*
“I ~ chLheonw all
credit card. The Defendant used or allowed to be used the credit card knowing that the issuer
expected to be repaid for all charges incurred with the card, together with interest, fees, late
charges and yearly fees as provided by the terms and conditions of the card. With each use of the
credit card, the issuer paid money on the Defendant's behalf to the merchant with whom credit
was used.
4 The Defendant defaulted on the obligation to make monthly payments on the
credit card. The credit card was subsequently canceled, and the balance of the entire credit card
was charged off the books of the original creditor. The entire balance on the credit card account
is presently due and payable in full, less any credits or payments made to the account.
5 The Plaintiff is entitled to enforce the obligation and receive payment of the
balance due in the sum of $7,150.94, as is shown by the Affidavit of Claim attached hereto. The
Plaintiff does not make any request for prejudgment interest.
6 Through the undersigned attorneys, the Plaintiff has demanded payment from the
Defendant, but that Defendant has not satisfied such demand. The Plaintiff has performed all
conditions precedent to the filing of this action, and all such conditions precedent have occurred.
WHEREFORE, the Plaintiff prays for Judgment against the Defendant for:
a) the balance due on the credit card of $7,150.94;
b) post-judgment interest awarded pursuant to Ark. Code Ann. § 16-65-114 in the
amount of 2% above the Federal Reserve Primary Credit Rate as determined on
the date of Judgment;
c) reasonable attorney’s fees as determined by the court;
WM l 3300
|| | |
151 -
d) all court costs; and
e) all such other just and proper relief to which Plaintiff may be entitled
Respectfully Submitted:
The McHughes Law Firm, P.L.L.C,
Attorneys at Law
P.O. Box 7599
Little Rock, Arkansas 72217
(501) 376-9131
yo
(pr»A——
Becky A. McHughes (03024)
becky@mchugheslaw.com
Christopher D. Anderson (91255)
chris@mchugheslaw.com
Josh Logan (19043)
jlogan@mchugheslaw.com
Our File# 80433
MNO
Contract ID: CV83MUMAA 122922
Addendum ID: CV8MUMAA092023C 12
Document ID: 091323CV1MU23BB1
BILL OF SALE AND ASSIGNMENT
3Q2023 Citi Retail Services Do Not Call Bulk
THIS BILL OF SALE AND ASSIGNMENT dated September 26, 2023, is by Citibank, N.A., a
national banking association organized under the laws of the United States, located at 5800 South
Corporate Place, Sioux Falls, SD 57108 (the "Bank") to Cavalry SPV I, LLC, organized under the
laws of the state of Delaware, with its headquarters/principal place of business at | American Lane,
Suite 220, Greenwich, CT 06831 ("Buyer").
For value received and subject to the terms and conditions of the Master Purchase and Sale
Agreement dated December 29, 2022 and Addendum No. 12 dated September 20, 2023, between
Buyer and the Bank as amended, restated, or otherwise modified from time to time (the
"Agreement"), the Bank does hereby transfer, sell, assign, convey, grant, bargain, set over and
deliver to Buyer, and to Buyer's successors and assigns, the Accounts described in Exhibit 1 to the
Addendum and the final electronic file.
Citibank, N.A.
By:
(Signature)
Name: Brandy Reardon
Title: Authorized Party
Cavalry 122922
Contract ID: CV3MUMAA 122922
Addendum ID: CV8MUMAA092023C12
Document ID; 091323CVIMU23BA1
Exhi it1
The individual Accounts transferred are described in the final electronic file and delivered by the Bank to
Buyer, the same deemed attached hereto by this reference.
Cut-Off
Lot Sale ID # of Accounts Sale Balance Date
3Q2023 Citi Retail Services Do Not Call 091323CVIMU23B EI |S 9/13/2023
Bulk
Cavalry 122922
Purchase Date:9/26/2023
1285
Data Excerpt from Exhibit 1**
el lame ata rovidel
Al pl
-May-
FF DA
ZIP.
RA‘
*Data displayed has been redacted for consumer privacy
**The data contained in this document was extracted from the electronic records transmitted by the seller
concerning the referenced account
Contract ID: CV8MUMAA 122922
Addendum ID: CV8MUMAA092023C12
Document ID: 091323CV1MU23BG1
AFFIDAVIT OF SALE OF ACCOUNT
State of Kentucky
County of Boone
Michelle Bingle, being duly sworn, deposes and says:
Iam an authorized employee of Citibank, N.A. (‘CBNA”) located at 5800 South Corporate Place,
Sioux Falls, SD 57108, am authorized to make the statements and representations herein and I am
over 18 years of age. In this position, I have access to the creditor’s books and records and am
aware of the process of the sale of accounts and electronic storage of business records.
On or about September 26, 2023, CBNA sold a pool of charged-off accounts (the Accounts) by a
Master Purchase and Sale Agreement dated December 29, 2022, Bill of Sale, and Addendum
No.12 dated September 20, 2023 to Cavalry SPV I, LLC. As part of the sale of the Accounts,
certain electronic records were transferred on individual accounts to the debt buyer. These records
were kept in the ordinary course of business of creditor.
Iam not aware of any errors in the information provided about the Accounts. The above statements
are true to the best of my knowledge.
executeon OCIDOOY 5 »2S.
Signatt
Name
STATE OF KENTUCKY )
)ss.
COUNTY OF BOONE
burgh S day of, oct
Subscribed and swom to before me by 4
20 23
My commission expires: October 22, 2025
a
Personally known, OR
Produced identification EN DAUGHERTY
KATHLENotary Public
ch of Kentucky
Commonwealtl
Type of identification produced:
Commission n Nuexumlpires
ber KYNI P3740)
Oct 22, 2025
my Com mis sio
NA
Cavalry 122922
Contract ID: CV8MUMAA122922
Addendum ID: CV3MUMAA092023C12
Document ID: 091323CV1MU23BG1
CERTIFICATE OF CONFORMITY
STATE OF KENTUCKY
COUNTY OF BOONE
L Adam Ruwe, an attorney-at-law of the State of Kentucky who is licensed to practice law in the
State of Kentucky and is fully acquainted with the laws of the State of Kentucky pertaining to the /
acknowledgement or proof of deeds of real property to be recorded therein, do hereby certify that
I am duly qualified to make this certificate of conformity pursuant to Section 299-a of the Real
Property Law of the State of New York and hereby certify that the acknowledgement or proof
upon the foregoing document was taken by_Kathleen Daugherty _a notary public in the State of
Kentucky, in the manner prescribed by the laws of the State of Kentucky and conforms to the laws
thereof in all respects.
IN WITNESS WHEREOF, I have hereunto set my si ature, this 5th day of October, 2023.
“~~ Attorney at Law
Adam Ruwe
Kentucky Bar #100077
Cavalry 122922
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Preview
ELECTRONICALLY FILED Sevier County Circuit Court Kathy Smith, Circuit Clerk 2024-Apr-25 11:14:08 67CV-24-44 CO9WD02 : 24 Pages / IN THE CIRCUIT COURT OF SEVIER COUNTY, ARKANSAS CAVALRY SPV I, LLC, AS ASSIGNEE OF CITIBANK, N.A. PLAINTIFF VS. No. / fi EDDIE G MUNOZ DEFENDANT 306 MELROSE RD / LOCKESBURG, AR 71846-9421 COMPLAINT Comes the Plaintiff by its Attorneys, The McHughes Law Firm, PLLC, and for its breach of contract cause of action against the Defendants, states and alleges: 1 The Plaintiff is a foreign corporation authorized to do business in the state of Arkansas and is registered with the Arkansas Secretary of State. The Plaintiff is the assignee of the original creditor, Citibank, N.A./My Best Buy, and current owner of the account which was purchased for good and valuable consideration and is the subject of this lawsuit. 2 Venue of this action is proper in the county named above because the Defendant is an individual believed to be residing in said County at the time of the commencement of this suit. The Plaintiff's cause of action is contractual in nature. Therefore, this court has jurisdiction over the subject matter and the parties hereto. 3 The Defendant accepted and used, or allowed to be used, a credit card issued by the original creditor. By using and or authorizing the use of the credit card, the Defendant accepted the contract with the issuer and became bound to pay for all charges incurred with the * @ | | | | | | | || | 80 43 30 o1 51 -* “I ~ chLheonw all credit card. The Defendant used or allowed to be used the credit card knowing that the issuer expected to be repaid for all charges incurred with the card, together with interest, fees, late charges and yearly fees as provided by the terms and conditions of the card. With each use of the credit card, the issuer paid money on the Defendant's behalf to the merchant with whom credit was used. 4 The Defendant defaulted on the obligation to make monthly payments on the credit card. The credit card was subsequently canceled, and the balance of the entire credit card was charged off the books of the original creditor. The entire balance on the credit card account is presently due and payable in full, less any credits or payments made to the account. 5 The Plaintiff is entitled to enforce the obligation and receive payment of the balance due in the sum of $7,150.94, as is shown by the Affidavit of Claim attached hereto. The Plaintiff does not make any request for prejudgment interest. 6 Through the undersigned attorneys, the Plaintiff has demanded payment from the Defendant, but that Defendant has not satisfied such demand. The Plaintiff has performed all conditions precedent to the filing of this action, and all such conditions precedent have occurred. WHEREFORE, the Plaintiff prays for Judgment against the Defendant for: a) the balance due on the credit card of $7,150.94; b) post-judgment interest awarded pursuant to Ark. Code Ann. § 16-65-114 in the amount of 2% above the Federal Reserve Primary Credit Rate as determined on the date of Judgment; c) reasonable attorney’s fees as determined by the court; WM l 3300 || | | 151 - d) all court costs; and e) all such other just and proper relief to which Plaintiff may be entitled Respectfully Submitted: The McHughes Law Firm, P.L.L.C, Attorneys at Law P.O. Box 7599 Little Rock, Arkansas 72217 (501) 376-9131 yo (pr»A—— Becky A. McHughes (03024) becky@mchugheslaw.com Christopher D. Anderson (91255) chris@mchugheslaw.com Josh Logan (19043) jlogan@mchugheslaw.com Our File# 80433 MNO Contract ID: CV83MUMAA 122922 Addendum ID: CV8MUMAA092023C 12 Document ID: 091323CV1MU23BB1 BILL OF SALE AND ASSIGNMENT 3Q2023 Citi Retail Services Do Not Call Bulk THIS BILL OF SALE AND ASSIGNMENT dated September 26, 2023, is by Citibank, N.A., a national banking association organized under the laws of the United States, located at 5800 South Corporate Place, Sioux Falls, SD 57108 (the "Bank") to Cavalry SPV I, LLC, organized under the laws of the state of Delaware, with its headquarters/principal place of business at | American Lane, Suite 220, Greenwich, CT 06831 ("Buyer"). For value received and subject to the terms and conditions of the Master Purchase and Sale Agreement dated December 29, 2022 and Addendum No. 12 dated September 20, 2023, between Buyer and the Bank as amended, restated, or otherwise modified from time to time (the "Agreement"), the Bank does hereby transfer, sell, assign, convey, grant, bargain, set over and deliver to Buyer, and to Buyer's successors and assigns, the Accounts described in Exhibit 1 to the Addendum and the final electronic file. Citibank, N.A. By: (Signature) Name: Brandy Reardon Title: Authorized Party Cavalry 122922 Contract ID: CV3MUMAA 122922 Addendum ID: CV8MUMAA092023C12 Document ID; 091323CVIMU23BA1 Exhi it1 The individual Accounts transferred are described in the final electronic file and delivered by the Bank to Buyer, the same deemed attached hereto by this reference. Cut-Off Lot Sale ID # of Accounts Sale Balance Date 3Q2023 Citi Retail Services Do Not Call 091323CVIMU23B EI |S 9/13/2023 Bulk Cavalry 122922 Purchase Date:9/26/2023 1285 Data Excerpt from Exhibit 1** el lame ata rovidel Al pl -May- FF DA ZIP. RA‘ *Data displayed has been redacted for consumer privacy **The data contained in this document was extracted from the electronic records transmitted by the seller concerning the referenced account Contract ID: CV8MUMAA 122922 Addendum ID: CV8MUMAA092023C12 Document ID: 091323CV1MU23BG1 AFFIDAVIT OF SALE OF ACCOUNT State of Kentucky County of Boone Michelle Bingle, being duly sworn, deposes and says: Iam an authorized employee of Citibank, N.A. (‘CBNA”) located at 5800 South Corporate Place, Sioux Falls, SD 57108, am authorized to make the statements and representations herein and I am over 18 years of age. In this position, I have access to the creditor’s books and records and am aware of the process of the sale of accounts and electronic storage of business records. On or about September 26, 2023, CBNA sold a pool of charged-off accounts (the Accounts) by a Master Purchase and Sale Agreement dated December 29, 2022, Bill of Sale, and Addendum No.12 dated September 20, 2023 to Cavalry SPV I, LLC. As part of the sale of the Accounts, certain electronic records were transferred on individual accounts to the debt buyer. These records were kept in the ordinary course of business of creditor. Iam not aware of any errors in the information provided about the Accounts. The above statements are true to the best of my knowledge. executeon OCIDOOY 5 »2S. Signatt Name STATE OF KENTUCKY ) )ss. COUNTY OF BOONE burgh S day of, oct Subscribed and swom to before me by 4 20 23 My commission expires: October 22, 2025 a Personally known, OR Produced identification EN DAUGHERTY KATHLENotary Public ch of Kentucky Commonwealtl Type of identification produced: Commission n Nuexumlpires ber KYNI P3740) Oct 22, 2025 my Com mis sio NA Cavalry 122922 Contract ID: CV8MUMAA122922 Addendum ID: CV3MUMAA092023C12 Document ID: 091323CV1MU23BG1 CERTIFICATE OF CONFORMITY STATE OF KENTUCKY COUNTY OF BOONE L Adam Ruwe, an attorney-at-law of the State of Kentucky who is licensed to practice law in the State of Kentucky and is fully acquainted with the laws of the State of Kentucky pertaining to the / acknowledgement or proof of deeds of real property to be recorded therein, do hereby certify that I am duly qualified to make this certificate of conformity pursuant to Section 299-a of the Real Property Law of the State of New York and hereby certify that the acknowledgement or proof upon the foregoing document was taken by_Kathleen Daugherty _a notary public in the State of Kentucky, in the manner prescribed by the laws of the State of Kentucky and conforms to the laws thereof in all respects. 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