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  • CAVALRY SPV VS ABRIL S EMEN SMALL CLAIMS document preview
  • CAVALRY SPV VS ABRIL S EMEN SMALL CLAIMS document preview
  • CAVALRY SPV VS ABRIL S EMEN SMALL CLAIMS document preview
  • CAVALRY SPV VS ABRIL S EMEN SMALL CLAIMS document preview
  • CAVALRY SPV VS ABRIL S EMEN SMALL CLAIMS document preview
  • CAVALRY SPV VS ABRIL S EMEN SMALL CLAIMS document preview
  • CAVALRY SPV VS ABRIL S EMEN SMALL CLAIMS document preview
  • CAVALRY SPV VS ABRIL S EMEN SMALL CLAIMS document preview
						
                                

Preview

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 iat lestif youSdaysatter i be charges. How the losto Avold Paying ling Interest eye, Weon wilPurchases.I Your pavinent cigstondatepurchas pay your a tex ct i payment wile appied the same New Baler Wy the payment due date Faroe nhoa nes alla pce aiance bythe payenpe per 85, + Express n99 Mail. en payment by te cs alt Consumer Payment 1. 626 ace ‘orece per an S05 YOUU ay feaND, Lat gery til ngcy eonety nnot ets prac period ul you ply ee Balance + attra Payments thes han by Ma Th mnont cutoff tne fer Online fblt 2. This fortctlinge ve rarox ayn P h o n e payments, ang outh Cxpressas of The1p.payreents tyouhaveal ce subject to red interest promotion ana rt prwnotion dors nat fn sth n cal s ay,misnigh: Based onEastern East ‘ne that mayen dueal ca tbalncean “cui baablencect wwe rece your p: rent reg the eae yo mstpayin S purchase I you send an eligible check wi anexculed xciaiegprometnal a ever, balance: bl ycles you St Sil py omy separately reed payent onthe in which a ents are to deterred payment lactone dept if we do, hu checking account wil bo debitedta inthe amount upon, you authorizes complete your interest ices frst, the deter‘ed interest to gets balance grace wiltbeperiodstucedon purchases, before any o2her on ie ‘check. We may do this as soon as the day we receive the check. Also, the check will onthe ac int However, you nil atine nes ba) nce Gra Reporting Disputes. curate Wve may ext fra Jn vebeus abou ccunt to cregit bureaus. ff excluded taiance so en'9 as you pay hued the Newbalance, Balance less any excludies balance, pls any Cred bureau Diu Separately reouired payment ona biting vc nfullby the payment aleesch {ieifcaionheeBO feperted Bor eaori Scuralnso7t In adit promotion esenay Jon pura Report a Lost or Stolon Card immediately. Cathe Account Inavres number shoan Gthor pr rotoronal of fers bed abou 1 also aifgraceyf pe wea grace ‘odon takeaway the on Page What ToDo f Yau Think You Find & Mistake On sforbiling Your Statement. purchases without rod “oeavatora a portionaf the promot oral ince by the payment grtor rieson your errers andyo:cl Ihink hese isan2 Sued: Now Wo ngthe ‘ther & Caleuate ‘te prot nai otter wil 2 what “ Rapper ch tater,ge weof YOUrtoutal at hear An Your Balance Wate Subject to Interest Rat nthe titerest charge Calcul nS Hon on the fran of alan ‘thei Inyour eter gir us the fotowine information, 1. Account informat Your name and, ur ber, Wesictenent meth We Use to ‘aleulate interest charges For Mel dS, ni 2 Dollar a vount: The dollar amount cee cludingiy current transaciens) calculate inte i charges ef the su terhiefoastane iulote interest charges.ic Far Method fe weuse lance methioo dncuging curr otro h 3. Description of Probiens i you thik theres anervar on your bil, describe what you believe 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 Datance corape fonmelncs interest voumust notify uso any pelential errors inwsilirg, You maycal us. butity do we arenok 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. 2, you wil not 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 ‘orrect acoress tor He Sedress for express foals sewei he Express 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 Your Creditwth Card 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 itive oer an an company that sold you the aoodsor services.) Isamant wom + Yeucan Oniine/AutoPay. Go io t h e URL "age of your staternentte make a payment online, 2. You mest have used your credit card forthe purchase, Pu se cash advances also eerallin 2 av AN: POUE au Os Acai dade a maTM or wil eck tat sccess your creditcard cunt dono! quai. achinoth fom eG run! vu re0se. 3. Yourust n vet uly pad for rebase, Phone payments. al the number on Pas rf rent to make 2 paymer For \Wal of the eriteria shove are mel 2rd you are stil dissalisi sth the purchase, cont usin you Bn ACH ancactionm the amaust and.en aut eecirottcahy fdebt your species hark scours by ing at the addre: for bilingercars and customer service ingu is shown on Page of cur the cate ont phone. You hay | yen! by alias at he Customer Serica canbe fhe rgapayment ie we “ ‘ sate, the some les apply ‘ lsputee amount as discuss abo ve. Att vit thet pret ds sat9 you on the phone. Thete sr ous at por nat ye fei 3 ne tn sie you aur cs ink de tink you owe a0 amount a yo not we may reper you ss deltaquer 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 §