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Filing # 197054041 E-Filed 04/26/2024 09:25:51 AM
IN THE COUNTY COURT, IN AND FOR BREVARD COUNTY, FLORIDA
CASE NO:
CAVALRY SPV I, LLC
Plaintiff,
vs.
ABRIL S EMEN
Defendant.
STATEMENT OF CLAIM
Plaintiff, by and through its undersigned counsel, sues the Defendant ABRIL S EMEN
and states the following:
1 Damages in this action do not exceed $8,000.00.
2 Defendant resides or regularly conducts business in Brevard County, Florida.
3. Citibank, N.A. was the original creditor (or successor in interest to the original
creditor) of the debt at issue in this matter and opted to relinquish ownership of same. Cavalry
SPV I, LLC, by virtue of legal or equitable assignment, is currently the owner of the debt as
evidenced by the document(s) attached hereto. All conditions precedent required to bring this
action have occurred or have been performed.
COUNT I - ACCOUNT STATED
XXXXXXXXX:z
Plaintiff repeats and realleges each and every material allegation set forth in paragraphs
1 through 3 hereinabove and incorporates the same by reference.
4 Before the institution of this action, Defendant and Plaintiff's predecessor in
interest had business transactions between them wherein Plaintiff's predecessor in interest
provided goods, services, money, or extended credit to Defendant with the expectation that
Defendant would pay for same, and on or about the date of attached invoice(s), statement(s), or
account summary, Plaintiff's predecessor in interest and Defendant agreed upon, or consented
to, the resulting balance.
5. Plaintiff's predecessor in interest rendered to Defendant one or more invoices,
statements, or account summaries a copy of which is attached hereto and incorporated herein.
6 Defendant received the invoice(s), statement(s), or account summary and did not
object to same.
7 The attached invoice(s), statement(s), or summary show(s) the outstanding
balance was $765.68.
22657936
Filing 197054041 Cavalry Spv | Llc v. Abril S Emen 05-2024-SC-026236-XXSC-BC
8 Defendant has failed to pay the amount due.
9. Defendant owes the Plaintiff the sum of $765.68.
WHEREFORE, Plaintiff requests judgment against Defendant for the sum of $765.68
plus costs (if any).
COUNT Il - QUANTUM MERUIT
XXXXXXXXXXXH
Plaintiff repeats and realleges each and every material allegation set forth in paragraphs
1 through 3 hereinabove and incorporates the same by reference.
10. Prior to this action, Plaintiff's predecessor in interest extended credit, loaned
money, or provided goods or services to Defendant.
11. Defendant benefited from extension of credit, money, goods, or services
provided Defendant by Plaintiff's predecessor in interest.
12. Defendant has failed to pay Plaintiff or Plaintiff's predecessor in interest for the
extension of credit, money, goods, or services.
13. It would be inequitable for Defendant to retain the benefit of the extension of
credit, money, goods, or services received by Defendant without paying Plaintiff or Plaintiff's
predecessor in interest for same.
14. The failure of Defendant to pay the Plaintiff or Plaintiff's predecessor in interest
for the extension of credit, money, goods, or services has caused the Defendant to be unjustly
enriched at the expense of the Plaintiff.
15. As of the date of this lawsuit, Defendant owes the Plaintiff the sum of $765.68.
WHEREFORE, Plaintiff requests judgment against Defendant for the sum of $765.68
plus costs (if any).
22657936
Filing 197054041 Cavalry Spv | Llc v. Abril S Emen 05-2024-SC-026236-XXSC-BC
Respectfully submitted,
Jeffrey Kahn, Esq.
Florida Bar #: 0519200
Dery! Hunt, Esq.
Florida Bar #: 0123692
Post Office Box 934788
Margate, Florida 33093-4788
Telephone: (954) 935-6966
Facsimile: (954)935-6975
Primary Email: Service@HuntKahnLaw.com
/s/ Jeffrey Kahn, #0519200
April 22, 2024
This communication is from a debt collector. Hunt & Kahn, P.A. and the above signed attorney
are attempting to collect a debt and any information obtained will be used for that purpose.
22657936
Filing 197054041 Cavalry Spv | Llc v. Abril S Emen 05-2024-SC-026236-XXSC-BC
Contact ID: CV8MUMAA2:
Addendum ID: CV8MUMAA 1229222
Document LD: 061223CV I'THIEMB1
BILL OF SALE AND ASSIGNMENT
December 2020 THD Post-Early Out Forward Flow Accounts
THIS BILL OF SALE AND ASSIGNMENT dated June 21, 2023, is by Citibank, N.A., a national
bankin; sociation organized under the laws of the United States, located at 5800 South Corporate
Place. Sioux Falls, SD 57108 (the "Bank") to Cavalry SPV 1. LLC, organized under the laws of
the state of Delaware. with its headquarters/principal place of business at 1 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. 2 dated December 29, 2022, 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 and
the final electronic file.
Citibank, N.A.
ids
By: a EN
(Signature)
Name: Terri Bergman
Title: Authorized Party
Cavalry 122922
«AcctNor_Wo_Prefix»
Filing 197054041 Cavalry Spv | Llc v. Abril S Emen 05-2024-SC-026236-XXSC-BC
Contact ID: CV8MUMAA 122922
Addendum 1D: CV8MUMAA122922C2
Document ID: 061223CV1THIEMAL
Exhibit 1
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.
Hot
Lot Sale LD Accounts Sale Balance Cut-Off Date
‘THD Post-Karly Qut Flow 061223CV1THIEM = a 6/12/2023
Cavalry 122922
«AcctNor_Wo_Prefix»
Filing 197054041 Cavalry Spv | Llc v. Abril S Emen 05-2024-SC-026236-XXSC-BC
Account Statement
‘Sond Notice
o ling Errors and Customer Service inguitis to
Customer Service: HOME DEPOT CREDIT SERVICES
homedepot.com/mycard PO Bax 700228, St Louis, MO 83175
The Home Depot = Account Inquiries: i
Rwe yyy Consumer Credit Care a = 1-866-458-7683 (TTY: 711)
(Summary of Account Activity Payment Information
Previous Balance $710.29 New Balance $765.68
Payments -$0.00 Minimum Payment Due $432.00
Other Credits -$0.00 Payment Due Date May 26, 2023
Purchases +80.00) Late Payment Warning: If we do not receive your minimum payment by the
Fees Charged ++$40.00 date listed above, you may have to pay a late fee up to $40.
Interest Charged +$15.39 Minimum Payment Warning: If you make only the minimurn payment each
New Balance $765.68 Period, you will pay more in interest and it will take you longer to pay off your
balance. For example:
Past Due Amount $368.00 = You willsoe tthe Te er
(Credit Limit
Available Credit,
‘Amount Over Credit Limit
$0.00
$0.00 ae
‘Only the minimum payment
sew
Statamentin about eS
16 months
Shaea ea
$265.68 Ifyou would ike information about credit counseling series, cal 1-877-537-6188
Statement Closing Date 04/28/2023 ayer)
Next Statement Closing Date (05/30/2023
Days in Billing Cycle 29
‘Your Minimum Payment Due is $432.00. If you paid your non-promotional (revolving) balances and any expiring promotional balances in full on your last
statement, you can avoid interest charges on any new non-promotional (revolving) balances and any expiring promotional balances if you pay $765.68 by
05/26/28. Otherwise, interest will accrue from your statement closing date until we receive your payment. The “How to Avoid Paying Intereston Purchases”
seotion on page 2 has more information,
Please note that if we received your pay by phone or online payment between § pm. ET and midnight ET on the last day of your billing period, your
payment will not be reflected until your next statement.
Please update your phone number, including cell phone number on the back of the payment coupon.
TRANSACTIONS
Trans Date Description Raterence # "Amount
FEES
0426 TATE FEE s 40.00
TOTAL FEES FOR THIS PERIOD 3 40.00
aHD20
PLEASE SEE IMPORTANT INFORMATION ON PAGE 2, Page 1ot4 This Account is Issued by Citibank, NA.
+ Please tach and raturn ower portion with your payment to ensure proper creclt. Retain upper portion for your records. ¥
a Yourccoutnumperi{
Il IN
we al
1. Bow EB
Payment Due Date
New Balance
May 26, 2028
$765.68
St Lous, MOETT79
Past Due Amount? $268.00
Minimum Payment Due $432.00
‘Statement Enclosed
“Amount Enclosed: $ f z
‘91 Due Amraunt is inluded in te Minimum Payment Due.
Please ee reverse side to change your address.
Make Checks Payable tow
HOME DEPOT CREDIT SERVICES
ABRIL S EMEN PO BOX 9001010
4303 PLOMPTON DR LOUISVILLE, KY 40290-1010
MELBOURNE. FL 32935-2938
«AcctNor_Wo_Prefix»
Filing 197054041 Cavalry Spv | Llc v. Abril S Emen 05-2024-SC-026236-XXSC-BC
Information About Your Account. * Agani-Assated Phone Payments. you au to mkt payne wih the asstan
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an erage dai baer method (axe i ising isweong and why youbeltve itis mistake.
ceurer® transac nerspjles cra Toy‘oun ve orethe resulting etination acute ‘You mast contact us within 60 days alter the error apeared on your stl ment
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chara: determined, actu Custemner vise umber onthe tron fequseuto estigate any potential errors and yoni may have fo pay purl questi
‘ther Account and Payment information. i gate whether or not there has be an error. the ring ae tre:
Payment
es Amount. Yous pa allor part of your account balance at i any time. However, you wee nnot try to.colect the amount in question, or yo ae delinquent on that
‘When Your Paymeer iy by Span. toce fi 2 your mite ment in pro format amount
ou i ted asl that dey. A parent + The chavgein question meyrem non ye state wemay continueto charge
ecelved there In pr orm att tat entne here, ae rt the next6 Alo youir mou, five Geternne trate made 2
favetopaythe yn questionof v nerest or other fees related to that amount.
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days for peyments t s : Thersmaybs 2 3eoy ou 3 aavsin: iting + while 1: co not have to pay the amourtin tion, you are resporisbe forthe
agavment nerecelve th: “leet is n thepropeadres oro orrect adres
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son strona
sf te payment coupon, The corect . feinainoer of your balance,
He ‘an apply ny unpaican {against your erect lit
Proper Form. For a payinent sent by Ws eeurier to bw n proper form, you must Your
wih uregosdsorYouservices
Rights i f Are Dissatisties
that yu haveWithpurchase
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your Purchases,
cred you ae reve cissatstied
tied
+ Enclose ays check oro order mace pa ble to Home Depat Cre: services, joed far toecorrect the problesn withthe merchant, you may have wee 8 topey tie
fds or Tors srency piesse rot Jing ameurt cue on the purchase.
+ Include your nae eh th last lour sigtsof account ant 0! ¢ this right, aif the following must be tre
Payment Other Than By Mai 1th yurchese must have been mace in your horestate or with 109 rl jotes ce
In-Store Payments. For your acces nverience, payments can be nade at The Home malay adress, 0 ne purchaseprice must have been more that Neither of
Twn no serves oe. An ent in proper foem aecepteet restore W be
credtteo lores as ofthatday. However cr aval ity may be subjacttO verificat on of turds, these are essary # your Butch: ‘yas based
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company that sold you the aoodsor services.)
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also eerallin 2 av AN: POUE au Os Acai dade a maTM or wil eck tat sccess your creditcard cunt dono! quai.
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KEY CREDIT TERMS
NO INTEREST IF PAID IN FULL WITHIN 6 MONTHS* on purchases of $299 or more. Inte st will be charged to your account
from the purchase date if the purchase balance (including premiums for optional credit insurance) is net paid in full wit 6 months.
With credit approval for qualifying purchases made on The Home Depot or EXPO Design Center Consumer Credit Card, APR:
17.99% - 26.99%. Minimum interest charge: $2. See card agreementfor details including APR applicableto you. Offer valid for
consumer account: | good standing; 6 months everyday creait offer is subject to change without notice: ee store for di ct | HO FEB2O
(AL HO oIee oe 1402 C00 264 *GLE-O-X-721D-P Be -0-N ver . oN 0-0 oNsie3 - owen 12 -March 20, 2025,
HHLE1
Page 2014
Please provide change of address and update/add your
phone numbers'here: h blue 6 black ini
*Cell *Home
Phons 'y giving us 4 cell number or a number later converted to
cell number. you agree that we or our service providers can contact
you af that number by autodialer, recorded or artificial voice, or a text
Your phone plan charges may apply.
«AcctNor_Wo_Prefix»
Filing 197054041 Cavalry Spv | Llc v. Abril S Emen 05-2024-SC-026236-XXSC-BC
Account: **** ** #4
TRANSACTIONS (cont)
‘Trans Date Description Reference # ‘Amount
INTEREST CHARGED.
09128 INTEREST CHARGE ON PURCHASES 38
TOTAL INTEREST FOR THIS PERIOD 1539
Fotals | oe
Total Fees Charged in 2023 $160.00
Total Interest Charged in 2023 $55.91
ACTIVITY AND PROMOTIONS DETAIL
Original
Promotion Promotion Payments Purchases, Promotion Deferred Promotion
Trans Trans Previous & Other Fees & Interest New Minimum Interest Expiration
Amount Date. Balance Credits Other Debits. Charged Balance Payment Due Charges
PURCHASES
Revolving Balance
- $710.29 $40.00 $15.99 $765.68
TOTAL $710.20 $0.00 $40.00 $15.99 $765.68 $0.00 08
INTEREST CHARGE CALCULATION Your a ual Percentage Ratte (APR) the anal nest leon You account.
i aia araamaRIRA a _Bialanée Subjectto) rae
PURCHASES
Revolving Balance 26.99% (M) $717.69 $15.99
Page Sof 4
«AcctNor_Wo_Prefix»
Filing 197054041 Cavalry Spv | Llc v. Abril S Emen 05-2024-SC-026236-XXSC-BC
Page
4 of 4
«AcctNor_Wo_Prefix»
Filing 197054041 Cavalry Spv | Llc v. Abril S Emen 05-2024-SC-026236-XXSC-BC
Account Statement
‘Sond Notice
o ling Errors and Customer Service inguitis to
Customer Service: HOME DEPOT CREDIT SERVICES
homedepot.com/mycard PO Bax 700228, St Louis, MO 83175
The Home Depot = Account Inquiries:
Rwe yyy Consumer Credit Care a = 1-800-677-0232 (TTY: 711)
(Summary of Account Activity Payment Information
Previous Balance $498.23 New Balance $549.77
Payments -$0.00 Minimum Payment Due $186.00
Other Credits -$0.00 Payment Due Date January 26, 2023
Purchases +80.00) Late Payment Warning: If we do not receive your minimum payment by the
Fees Charged ++$40.00 date listed above, you may have to pay a late fee up to $40.
Interest Charged 4911.54 Minimum Payment Warning: If you make only the minimurn payment each
New Balance $549.77 Period, you will pay more in interest and it will take you longer to pay off your
balance. For example:
Past Due Amount $128.00 = You willsoe tthe Te er
(Credit Limit
Available Credit,
‘Amount Over Credit Limit
$500.00
$0.00 ae
‘Only the minimum payment
sew
Statamentin about
17 months
eS Se oa $635
ea
$49.77, Ifyou woud ike information about credit counseling series, cal 1-877-537-6188
Statement Closing Date 12/30/2022 ayer)
Next Statement Closing Date 01/30/2028
Days in Billing Cycle st
‘Your Minimum Payment Due is $186.00. If you paid your non-promotional (revolving) balances and any expiring promotional balances in full on your last
statement, you can avoid interest charges on any new non-promotional (revolving) balances and any expiring promotional balances if you pay $549.77 by
01/26/28. Otherwise, interest will accrue from your statement closing date until we receive your payment. The “How to Avoid Paying Intereston Purchases”
seotion on page 2 has more information,
‘Your account is 3 months past due.
Make your minimum paymentby the due dateto avoid account closure and loss of charging privileges. It you're experiencing financial difficulty, we offer a
‘number of payment solutions that may be available to help you bring your account current, if you qualify. To make @ payment, please visit us online or call
us using the toll free or TTY numbers listed at the top of this statement,
Please note that if we received your pay by phone or online payment between §