Preview
California Debt Collection License No. 12242-99 PLD-C-001
ATTORNEY OR PARTY WITHOUT : STATE BAR NUMBER:
FOR COURT USE ONLY
FLINT C ZIDE, SBN 160369 / DAVID C. MCGAFFEY, SBN 315632
Scott & Associates
PO Box 115220
Carrollton, TX 75011
TELEPHONE NO.: (866) 298-3155 FAX NO.: (626) 799-8419
EMAIL ADDRESS: CAFilings@scott-pc.com
ATTORNEY FOR (name): LVNV Funding, LLC
SUPERIOR COURT OF CALIFORNIA, COUNTY OF Alameda
STREET ADDRESS: 24405 Amador Street
MAILING ADDRESS:
CITY AND ZIP CODE: Hayward, CA 94544
BRANCH NAME: Hayward Hall of Justice
PLAINTIFF: LVNV Funding, LLC
DEFENDANT: Steve Cushway
L XJ DOES 1 TO 5, INCLUSIVE
CONTRACT
COMPLAINT AMENDED COMPLAINT (Number):
ae
Eu
X
CROSS-COMPLAINT AMENDED CROSS-COMPLAINT (Number):
Jurisdiction (check all that apply):
CASE NUMBER:
X ACTION IS A LIMITED CIVIL CASE (does not exceed $35,000)
Amount demanded X does not exceed $10,000
exceeds $10,000
ACTION IS AN UNLIMITED CIVIL CASE (exceeds $35,000)
ACTION IS RECLASSIFIED by this amended complaint or cross-complaint
from limited to unlimited
from unlimited to limited
1. Plaintiff* (name or names):
*
LVNV Funding, LLC
alleges causes of action against defendant* (name or names):
Steve Cushway, Does 1 TO 5, INCLUSIVE
2. This pleading, including attachments and exhibits, consists of the following number of pages: 17
3. a. Each plaintiff named above is a competent adult
except plaintiff (name): LVNV Funding, LLC
Li
X
(1) a corporation qualified to do business
ss in
in California.
California.
Hi
(2) an unincorporated entity (describe):
(3) X other (specify): a Delaware limited liability company
b. Plaintiff (name):
i
(1) has complied with the fictitious business name laws and is doing business under the fictitious name (specify):
Uo
(2) has complied with all licensing requirements as a licensed (specify):
c. Information about additional plaintiffs who are not competent adults is shown in Attachment 3c.
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4. a. Each defendant named above is a natural person
except defendant (name): except defendant (name):
i
(1) a business organization, form unknown. (1) a business organization, form unknown.
WU
WU
(2) a corporation. (2) a corporation.
(3) an unincorporated entity (describe): (3) an unincorporated entity (describe):
(4) a public entity (describe): (4) a public entity (describe):
Uo
Uo
(5) other (specify): (5) other (specify):
* If this form is used as a cross-complaint, plaintiff means cross-complainant and defendant means cross-defendant. Page 1 of 2
Form Approved for Optional Use
Judicial Council of California
COMPLAINT—Contract Code of Civil Procedure, § 425.12
www.courts.ca.gov
PLD-C-001 [Rev. January 1, 2024]
S&A 2556200
PLD-C-001
SHORT TITLE: CASE NUMBER:
LVNV Funding LLC vs. Steve Cushway
4. b. The true names of defendants sued as Does are unknown to plaintiff.
(1) Doe defendants (specify Doe numbers): were the agents or employees of the named
defendants and acted within the scope of that agency or employment.
(2) X Doe defendants (specify Doe numbers): 1 to 5 are persons whose capacities are unknown to
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plaintiff.
c. Information about additional defendants who are not natural persons is contained in Attachment 4c.
d. Defendants who are joined under Code of Civil Procedure section 382 are (names):
5. Plaintiff is required to comply with a claims statute, and
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a. has complied with applicable claims statutes, or
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b. is excused from complying because (specify):
6. This action is subject to Civil Code section 1812.10 Civil Code section 2984.4.
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7. This court is the proper court because
a. a defendant entered into the contract here.
AU UUU
b. a defendant lived here when the contract was entered into.
c. X a defendant lives here now.
d. the contract was to be performed here.
e. a defendant is a corporation or unincorporated association and its principal place of business is here.
f. real property that is the subject of this action is located here.
g. X other (specify): CCP 395(b)
8. The following causes of action are attached and the statements above apply to each (each complaint must have one or
more causes of action attached):
Breach of Contract
X Common Counts
Other (specify):
9. L X Other allegations:
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Plaintiff is a debt buyer and the sole owner/assignee of an agreement entered into by defendant(s) on a credit card account
ending in 1362 with Plaintiff's predecessor Citibank, N.A., Plaintiff having taken said assignment for value. This account was
purchased by Plaintiff after January 1, 2014.
10. Plaintiff prays for judgment for costs of suit; for such relief as is fair, just,
t, and
and equitable;
equitable; and for
and for
a. X damages of: $ 3,646.93
b. interest on the damages
(1) according to proof
(2) at the rate of (specify): percent per year from (date):
c. attorney's fees
(1) of: $
(2) according to proof.
d. X other (specify): SUCH OTHER RELIEF AS THE COURT DEEMS PROPER
11. The paragraphs of this pleading alleged on information and belief are as follows (specify paragraph numbers):
Date: May 21, 2024
Digitally signed by David C. McGaffey
A |
David C. McGaffey David C. McGaffey DN: o=MJSPC, ou=Legal, uid=283960594
Date: 5/21/2024 11:08:13 AM
(TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY)
(If you wish to verify this pleading, affix a verification.)
PLD-C-001 [Rev. January 1, 2024] COMPLAINT—Contract Page 2 of 2
PLD-C-001(2)
SHORT TITLE: CASE NUMBER:
LVNV Funding LLC vs. Steve Cushway
First CAUSE OF ACTION—Common Counts
(number)
ATTACHMENT TO X Complaint Cross - Complaint
(Use a separate cause of action form for each cause of action.)
CC-1. Plaintiff (name): LVNV Funding, LLC
alleges that defendant (name): Steve Cushway
became indebted to X plaintiff other (name):
a. X within the last four years
(1) X on an open book account for money due.
(2) X because an account was stated in writing by and between plaintiff and defendant in which it
was agreed that defendant was indebted to plaintiff.
b. X within the last two years X four years
(1) X for money had and received by defendant for the use and benefit of plaintiff.
(2) for work, labor, services and materials rendered at the special instance and request of defendant
and for which defendant promised to pay plaintiff.
the sum of $
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the reasonable value.
(3) for goods, wares, and merchandise sold and delivered to defendant and for which defendant
promised to pay plaintiff
the sum of $
the reasonable value.
(4) X for money lent by plaintiff to defendant at defendant's request.
(5) X for money paid, laid out, and expended to or for defendant at defendant's special instance and
ob
request.
(6) other (specify):
CC-2. $ , which is the reasonable value, is due and unpaid despite plaintiff's demand,
plus prejudgment interest according to proof at the rate of percent per year
from (date):
CC-3. Plaintiff is entitled to attorney fees by an agreement or a statute
of $
UL
according to proof.
CC-4. X Other:
$3,646.93, which is the fixed and agreed amount, is due and unpaid despite plaintiff's demand. Plaintiff is the sole owner and current
assignee of this account, whose account number at time of charge off ended in 1362 (the Account). The Account was originally issued by
Citibank, N.A., 5800 South Corporate Place, Sioux Falls, SD 57108, and they remained the creditor at time of charge off. $3,646.93 was
the balance owed at time of charge off, as shown by Attachment 1. The last payment made on the Account prior to chargeoff was on July
28, 2020, as shown by Attachment 2. The debtor's name and address are from the charge off creditor's account records maintained prior
to the sale of the debt, as shown in Attachment 1. The names and addresses of all entities who have purchased the debt after charge off
are set forth on Attachment 3. Plaintiff has complied with Civil Code Section 1788.52.
Page 3
Page 1 of 1
Code of Civil Procedure, § 425.12
Form Approved for Optional Use
Judicial Council of California
CAUSE OF ACTION—Common Counts www.courtinfo.ca.gov
PLD-C-001(2) [Rev. January 1, 2009]
S&A 2556200
1 DECLARATION OF JURISDICTIONAL FACTS
2 The
The undersigned
undersigned declares
declares that
that he/she
he/she is
is authorized
authorized toto make
make this
this declaration
declaration for
for
and
and on
on behalf
behalf of
of the
the plaintiff
plaintiff herein.
herein. Pursuant
Pursuant to
to Civil
Civil Procedure
Procedure Sections
Sections 395
395 and
and 396a,
396a,
the above entitled court is the proper court for the trial of the above entitled action
1 o.t 1
3
because:
4
[X] One of the defendants resides within the jurisdiction of the above entitled court at
the
the commencement
commencement of of this
this action.
action.
5
[ ] Goods or services or loans were provided within the jurisdiction of the above
6 entitled
entitled court.
court.
7 I declare under penalty of perjury under the Laws of the State of California that
the
the foregoing
foregoing is
Is true
true and
and correct.
correct.
8
9
Executed
Executed on May 21, 2024
on __________________________ ,, South
south Pasadena,
Pasadena, Calfornia.
Calfornia.
10
11
Digitally signed by David C. McGaffey
12 __________________________________
David C. McGaffey DN: o=MJSPC, ou=Legal, uid=283960594
Date: 5/21/2024 11:08:13 AM
David C. McGaffey
13 Attorneys for Plaintiff
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S&A 2556200
ATTACHMENT "1"
Account Statement
Send Notice of Billing Errors and Customer Service Inquiries to:
Customer Service: HOME DEPOT CREDIT SERVICES
PO Box 790328, St. Louis, MO 63179
homedepot.com/mycard
« The Home Depot
Consumer Credit Carel
Account Inquiries:
1-866-458-7683
(Summary of Account Activity ) (Payment Information )
Previous Balance $3,551.43 New Balance $3,646.93
Payments -$0.00 Minimum Payment Due $842.35
Other Credits -$0.00 Payment Due Date February 17, 2021
Purchases +$0.00 Late Payment Warning: If we do not receive your minimum payment by the
Fees Charged +$39.00 date listed above, you may have to pay a late fee up to $39.
Interest Charged +$56.50 Minimum Payment Warning: If you make only the minimum payment each
New Balance $3,646.93 period, you will pay more in i nterest and it will take you longer to pay off your
balance. For example:
\Past Due Amount $710.35 )
(Credit Limit $0.00)
Available Credit $0.00 a ! Ct
Amount Over Credit Limit $646.93 Only the minimum payment 15 years $10,140
Statement Closing Date 01/21/2021 $168 3 years (Savings $4 104)
Next Statement Closing Date 02/18/2021 —
31 py, tt you would like information about credit counseling services, call 1-877-337-8188.
\Days in Billing Cycle /
Your Minimum Payment Due is $842.35. 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 $2,621.86 by
02/17/21. Otherwise, interest will accrue from your statement closing date until we receive your payment. The “How to Avoid Paying Interest on Purchases”
section on page 2 has more information.
You must pay your promotional balance of $1,025.07 in full by 03/17/21 to avoid paying deferred interest charges.
Please see the enclosed privacy notice for important information.
Beginning in January, there will be a $5 expedited payment fee to make a same day payment with a customer service agent. To make a payment at any
time with no fee, including a same day payment, you can use the automated voice response system or access your account online at
homedepot.com/mycard.
8 HD 13
PLEASE SEE IMPORTANT INFORMATION ON PAGE 2. Page 1 of 6 This Account is Issued by Citibank, N.A.
Vv Please detach and return lower portion with your payment to insure proper credit. Retain upper portion for your records. ©
Your Account Number is Ei 1362
Payment Due Date February 17, 2021
BBs,
P.O, Box 790393 New Balance $3,646.93
St. Louis, MO 63179 For proper credit, please write
1362 Past Due Amount? $710.35
on your check and enclose $842.35
with this payment coupon.
Statement Enclosed
trast Due Amount is included in the Minimum Payment Due.
Please print address changes on the reverse side.
Make Checks Payable tow
HOME DEPOT CREDIT SERVICES
STEVE CUSHWAY PO BOX 78011
272 ROSE AVE APT 9 PHOENIX, AZ 85062-8011
PLEASANTON, CA 94566-6588
Information About Your Account. * Agent-Assisted Phone Payments. if you callus to make a payment with the assistance
How to Avoid Paying Interest on Purchases. Your payment due date is at least 25 days after of a live agent, the payment will be applied the same day and you will be charged a $5.00
the close of each billing cycle. We will not charge you any interest on purchases if you pay your agent expedited payment fee.
New Balance by the payment due date each month. This is called a grace period on purchases. * Express Mail. Send payrnent by express mail to: Consumer Payment Dept., 6716 Grade
To get a grace period on purchases you must pay the New Balance by the payment due date Lane, Building 9, Suite 910, Louisville, KY 40213.
every billing cycle. If you do not, you will not get a grace period until you pay the New Balance * Crediting Payments other than by Mail. The payment cutoff time for Online bill
for two billing cycles in a row. payments, Phone payments, and Express Mail payments is midnight Eastern time. This
if you have a balance subject to a deferred interest promotion and that promotion does not means that we will credit your account as of the calendar day, based on Eastern time, that
expire before the payment due cate, that balance (an “excluded balance’) Is excluded frorn we recelve your payment request
the amount you must pay in full to get a grace period on a purchase balance other than If you send an eligible check with this payment coupon, you authorize us to complete your
an excluded balance. However, you must still pay any separately required payment on the payment by electronic debit. If we do, the checking account will be debited in the amount
excluded promotional balance. in billing cycles in which payments are allocated to deferred on the check. We may do this as soon as the day we receive the check. Also, the check will
interest balances first, the deferred Interest balance will be reduced before any other balance be destroyed.
onthe account. However, you will continue to get a grace period on purchases, other than Credit Reporting Disputes. We may report information about your account to credit bureaus.
an excluded balance so long as you pay the New Balance less any exciuded balance, plus any if you think we reported inaccurate information, please write us at: Credit Bureau Dispute
separately required payment on an exciuded balance, in full by the payment due cate each Verification, P.O. Box 6497, Sioux Falls, SD 57117.
billing cycle.
Report a Lost or Stolen Card Immediately. Call the Account inquiries number shown
in addition, certain promotional offers may take away the grace period on purchases. on Pagel.
Other promotional offers not described above may also allow you to have a grace period on
purchases without having to pay all or a portion of the promotional balance by the payment What To Do If You Think You Find A Mistake On Your Statement. |f you think there is an
error on your statement, write to us at the address for billing errors and customer service
due date. if either is the case, the promotional offer will describe what happens.
inguiries shown on Page 1 of your statement.
How We Calculate Your Balance Subject to Interest Rate. For each balance, the letter
following the Annual Percentage Rate in the Interest Charge Calculation section on the front of In your letter, give us the following information:
the statement indicates the method we use to calculate interest charges. For Methods C, H and J. Account information: Your name and account number.
M, we use a daily balance method (including current transactions) to calculate Interest charges. 2. Dollar arnount: The dollar amount of the suspected error.
For Methods | and L, we use an average daily balance method (including current transactions) 3. Description of Problern: if you think there is an error on your bill, describe what you belleve
to calculate interest charges. For Method K, we use an average daily balance method (excluding is wrong and why you believe it is a mistake.
current transactions) to calculate interest charges. To find out more information about the You must contact us within 60 days after the error appeared on your statement.
balance computation method that applies to your account and how the resulting interest
You must notify us of any potential errors In writing. You may call us, but if you do we are not
charges were determined, contact us at Customer Service nurnber on the front.
required to investigate any potential errors and you may have to pay the amount in question.
Other Account and Payment Information. While we investigate whether or not there has been an error, the following are true:
Payment Amount. You may pay all or part of your account balance at any time. However, you
« We cannot try to collect the amount in question, or report you as delinquent on that
must pay, by the payment due date, at least the rninimum payment due.
amount,
When Your Payment Will Be Credited. If we receive your mailed payment in proper form at « The charge in question may remain on your statement, and we may continue to charge
our processing facility by 5 p.m. local time there, it will be credited as of that day. A payment you interest on that amount. But, if we determine that we made a mistake, you will not
received there in proper form after that time will be credited as of the next day. Allow 5 to 7 have to pay the arnount in question or any interest or other fees related to that amount.
days for payments by regular mailto reach us. There may be a delay of up to 5 days in crediting
« While you do not have to pay the amount in question, you are responsible for the
a payment we receive that is not in proper form or is not sent to the correct address. The
rernainder of your balance.
correct address for regular mail is the address on the front of the payment coupon. The correct
address for express mail is shown in the Express Mail section. * We can apply any unpaid amount against your credit limit.
Proper Form. For a payment sent by rail or courier to be in proper form, you must: Your Rights If You Are Dissatisfied With Your Credit Card Purchases. lf you are dissatisfied
with the goods or services that you have purchased with your credit card, and you have tried
* Enclose a valid check or money order made payable to Horne Depot Credit Services.
in good faith to correct the problem with the merchant, you may have the right not to pay the
No cash, gift cards, or foreign currency please.
rernaining amount due on the purchase.
* Include your name and the last four digits of your account number.
Touse this right, all of the following must be true:
Payment Other Than By Mail.
1. The purchase must have been made in your hore state or within 100 miles of your current
* In-Store Payrnents. For your added convenience, payments can be made at The Home mailing address, and the purchase price must have been more than $50, (Note: Neither of
Depot stores, with no service fee. Any payment In proper form accepted in-store will be these are necessary if your purchase was based on an advertisernent we mailed to you, or
credited as of that day. However, credit availability may be subject to verification of funds. if we own the company that sold you the goods or services.)
Online/AutoPay. Go to the URL on Page 1 of your staternent to make a payment online. 2. You must have used your credit card for the purchase. Purchases made with cash advances
*
You can also enroll in AutoPay and have your payment amount automatically deducted from an ATM or with a check that accesses your credit card account do not qualify.
each month from the payment account you choose.
3. You must not yet have fully paid for the purchase.
Phone. Call the number on Page i of your statement to make a payment by phone. For
°
Hf all of the criteria above are met and you are still dissatisfied with the purchase, contact us in.
phone payments, you authorize us to electronically debit your specified bank account by
writing at the address for billing errors and customer service inquiries shown on Page 1 of your
an ACH transaction in the arnount and on the date that you indicate on the phone. You may
statement.
cancel a phone payment by calling us at the Customer Service number at the top of Pagel
within the time period disclosed to you on the phone. There is no fee for making a payment While we investigate, the same rules apply to the disputed ammount as discussed above. After
using our automated voice response system. we finish our investigation, we will tell you our decision. At that point, if we think you owe an
amount and you do not pay, we may report you as delinquent.
KEY CREDIT TERMS
NO INTEREST IF PAID IN FULL WITHIN 6 MONTHS’ on purchases of $299 or more. Interest will be charged to your account
from the purchase cate if the purchase balance (including premiums for optional credit insurance) is not paid in full within 6 months.
“With credit approval for qualifying purchases made on The Horne Depot or EXPO Design Center Consumer Credit Card. APR:
17.29% ~- 26.99%. Minimum interest charge: $2. See card agreement for details including APR applicable to you. Offer valid for
consumer accounts in good standing; 6 months everyday credit offer is subject to change without notice; see store for details. HD FEB20
/AI- HD - 9196-0400-0002 -/B/- 000 - 28A -/C/-E -0- X-44-/D/-P - - -0-N-/E/-7- - CCRI-N - - 0-0 -/F/- 01/22/20 - 06/01/19 - 19 - December
21, 2020
AG/-N- - - -/H/-0- -HHGB-il/- - -0-0- -
Page 2 of 6
Please provide changeof address and update/add your
phone numbers’ here: (Use blue or black ink.)
*Cell: *Home:
‘Phone: By giving us a cell number or a number later converted to a
cell number, you agree that we or our service providers can contact
you at that number by autodialer, recorded or artificial voice, or a text.
Your phone plan charges may apply.
Account: **** **** **** 1362
Please note that if we received your pay by phone or online payment between 5 p.m. 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 Reference # Amount
FEES
01/17 LATE FEE $ 39.00
TOTAL FEES FOR THIS PERIOD $ 39.00
INTEREST CHARGED
01/21 INTEREST CHARGE ON PURCHASES $ 56.50
TOTAL INTEREST FOR THIS PERIOD $ 56.50
Total Fees Charged in 2021 $39.00
Total Interest Charged in 2021 $56.50
ACTIVITY AND PROMOTIONS DETAIL
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 PaymentDue Charges Date
PURCHASES
Revolving Balance
: : $2,526.36 - $39.00 $56.50 $2,621.86 : : :
NO INT FOR 18MOS-PMT REQ
$1,025.07 06/30/19 $1,025.07 - - - $1,025.07 - $514.92 03/17/21
TOTAL $3,551.43 $0.00 $39.00 $56.50 $3,646.93 $0.00 $514.92
INTEREST CHARGE CALCULATION Your Annual Percentage Rate (APR) is the annual interest rate on your account.
PURCHASES
Revolving Balance 25.99% (M) $2,559.81 $56.50
NO INT FOR 18MOS-PMT REQ 25.99% (M) : :
Page 3 of 6
Account: **** **** **** 1362
THIS PAGE INTENTIONALLY LEFT BLANK
Page 4 of 6
PNHDEX 01/20
WHAT DOES CITIBANK DO WITH YOUR PERSONAL INFORMATION?
Financial companies choose how they share your personal information. Federal law gives
consumers the right to limit some but not all sharing. Federal law also requires us to tell
you how we collect, share, and protect your personal information.
. Please read this notice carefully to understand what we do.
_The types of personal information we collect and share depend on the product or
service you have with us. This information can include:
_° Social Security number and income
* account balances and employment information
¢ credit history and transaction history
All financial companies need to share customers’ personal information to run their
everyday business. In the section below, we list the reasons financial companies can
share their customers’ personal information; the reasons Citibank chooses to share; and
whether you can limit this sharing.
For our everyday business purposes —
such as to process your transactions, maintain your Yes No
account(s), respond to court orders and legal investigations,
or report to credit bureaus
For our marketing purposes _ Yes No
to offer our products and services to you
For joint marketing with other financial companies Yes No
For our affiliates’ everyday business purposes —
. . ; . Yes No
information about your transactions and experiences
For our affiliates’ everyday business purposes —
. : : . Yes Yes
information about your creditworthiness
For our affiliates to market to you Yes Yes
For our nonaffiliates to market to you Yes Yes
Please note:
If you are a new customer, we can begin sharing your information 30 days from the date
we sent this notice. When you are no jonger our customer, we continue to share your
information as described in this notice.
However, you can contact us any time to limit our sharing.
_ Call 1-877-491-0607 or call the Customer Service number on the back of your credit
_card or on your billing statement. (TTY: 1-888-944-2227)
Page 5 of 6
Who is providing this notice? | This notice is provided by the retail partner cards group of Citibank, N.A., the bank
that issues your credit card.
How does Citibank protect To protect your personal information from unauthorized access and use, we use
my personal information? security measures to comply with federal law. These measures include computer
safeguards and secured files and buildings.
How does Citibank collect We collect your personal information, for example, when you
my personal information? * provide account information or give us your contact information
* provide employment information or apply for a loan
e use your credit or debit card
We also collect your personal information from others, such as credit bureaus,
affiliates, or other companies.
Why can’t [limit all sharing? = Federal law gives you the right to limit only
¢ sharing for affiliates’ everyday business purposes —
information about your creditworthiness
* affiliates from using your information to market to you
¢ sharing for nonaffiliates to market to you.
State laws and individual companies may give you additional rights to limit
sharing. See below for more on your rights under state law.
What happens when | limit Your choices will apply to everyone on your account.
sharing for an account | hold
jointly with someone else?
Affiliates Companies related by common ownership or control. They can be financial and
nonfinancial companies.
° Our affiliates include companies such as Citigroup Global Markets Inc.
Nonaffiliates Companies not related by common ownership or control. They can be financial
and nonfinancial companies.
° Nonaffiliates we share with can include companies engaged in direct marketing
and the selling of consumer products and services.
Joint marketing A formal agreement between nonaffiliated financial companies that together
market financial products and services to you.
¢ Our joint marketing partners include insurance companies and other
financial companies.
Other imp Bitar ntor Natio! : | c
For Vermont Residents: We will not share information we collect about you with nonaffiliated third parties, except as
permitted by Vermont law, such as to process your transactions or to maintain your account. in addition, we will not
share information about your creditworthiness with our affiliates except with your authorization.
For California Residents: We wiil not share information we collect about you with nonaffiliated third parties, except as
permitted by California law, such as to process your transactions orto maintain your account.
We may share your personal information, as permitted by law, with the retailer whose name is on your card and with
the companies related to the retailer. Y
Preview
California Debt Collection License No. 12242-99 PLD-C-001 ATTORNEY OR PARTY WITHOUT : STATE BAR NUMBER: FOR COURT USE ONLY FLINT C ZIDE, SBN 160369 / DAVID C. MCGAFFEY, SBN 315632 Scott & Associates PO Box 115220 Carrollton, TX 75011 TELEPHONE NO.: (866) 298-3155 FAX NO.: (626) 799-8419 EMAIL ADDRESS: CAFilings@scott-pc.com ATTORNEY FOR (name): LVNV Funding, LLC SUPERIOR COURT OF CALIFORNIA, COUNTY OF Alameda STREET ADDRESS: 24405 Amador Street MAILING ADDRESS: CITY AND ZIP CODE: Hayward, CA 94544 BRANCH NAME: Hayward Hall of Justice PLAINTIFF: LVNV Funding, LLC DEFENDANT: Steve Cushway L XJ DOES 1 TO 5, INCLUSIVE CONTRACT COMPLAINT AMENDED COMPLAINT (Number): ae Eu X CROSS-COMPLAINT AMENDED CROSS-COMPLAINT (Number): Jurisdiction (check all that apply): CASE NUMBER: X ACTION IS A LIMITED CIVIL CASE (does not exceed $35,000) Amount demanded X does not exceed $10,000 exceeds $10,000 ACTION IS AN UNLIMITED CIVIL CASE (exceeds $35,000) ACTION IS RECLASSIFIED by this amended complaint or cross-complaint from limited to unlimited from unlimited to limited 1. Plaintiff* (name or names): * LVNV Funding, LLC alleges causes of action against defendant* (name or names): Steve Cushway, Does 1 TO 5, INCLUSIVE 2. This pleading, including attachments and exhibits, consists of the following number of pages: 17 3. a. Each plaintiff named above is a competent adult except plaintiff (name): LVNV Funding, LLC Li X (1) a corporation qualified to do business ss in in California. California. Hi (2) an unincorporated entity (describe): (3) X other (specify): a Delaware limited liability company b. Plaintiff (name): i (1) has complied with the fictitious business name laws and is doing business under the fictitious name (specify): Uo (2) has complied with all licensing requirements as a licensed (specify): c. Information about additional plaintiffs who are not competent adults is shown in Attachment 3c. | 4. a. Each defendant named above is a natural person except defendant (name): except defendant (name): i (1) a business organization, form unknown. (1) a business organization, form unknown. WU WU (2) a corporation. (2) a corporation. (3) an unincorporated entity (describe): (3) an unincorporated entity (describe): (4) a public entity (describe): (4) a public entity (describe): Uo Uo (5) other (specify): (5) other (specify): * If this form is used as a cross-complaint, plaintiff means cross-complainant and defendant means cross-defendant. Page 1 of 2 Form Approved for Optional Use Judicial Council of California COMPLAINT—Contract Code of Civil Procedure, § 425.12 www.courts.ca.gov PLD-C-001 [Rev. January 1, 2024] S&A 2556200 PLD-C-001 SHORT TITLE: CASE NUMBER: LVNV Funding LLC vs. Steve Cushway 4. b. The true names of defendants sued as Does are unknown to plaintiff. (1) Doe defendants (specify Doe numbers): were the agents or employees of the named defendants and acted within the scope of that agency or employment. (2) X Doe defendants (specify Doe numbers): 1 to 5 are persons whose capacities are unknown to ~ UL plaintiff. c. Information about additional defendants who are not natural persons is contained in Attachment 4c. d. Defendants who are joined under Code of Civil Procedure section 382 are (names): 5. Plaintiff is required to comply with a claims statute, and | a. has complied with applicable claims statutes, or Hu b. is excused from complying because (specify): 6. This action is subject to Civil Code section 1812.10 Civil Code section 2984.4. i 7. This court is the proper court because a. a defendant entered into the contract here. AU UUU b. a defendant lived here when the contract was entered into. c. X a defendant lives here now. d. the contract was to be performed here. e. a defendant is a corporation or unincorporated association and its principal place of business is here. f. real property that is the subject of this action is located here. g. X other (specify): CCP 395(b) 8. The following causes of action are attached and the statements above apply to each (each complaint must have one or more causes of action attached): Breach of Contract X Common Counts Other (specify): 9. L X Other allegations: | Plaintiff is a debt buyer and the sole owner/assignee of an agreement entered into by defendant(s) on a credit card account ending in 1362 with Plaintiff's predecessor Citibank, N.A., Plaintiff having taken said assignment for value. This account was purchased by Plaintiff after January 1, 2014. 10. Plaintiff prays for judgment for costs of suit; for such relief as is fair, just, t, and and equitable; equitable; and for and for a. X damages of: $ 3,646.93 b. interest on the damages (1) according to proof (2) at the rate of (specify): percent per year from (date): c. attorney's fees (1) of: $ (2) according to proof. d. X other (specify): SUCH OTHER RELIEF AS THE COURT DEEMS PROPER 11. The paragraphs of this pleading alleged on information and belief are as follows (specify paragraph numbers): Date: May 21, 2024 Digitally signed by David C. McGaffey A | David C. McGaffey David C. McGaffey DN: o=MJSPC, ou=Legal, uid=283960594 Date: 5/21/2024 11:08:13 AM (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY) (If you wish to verify this pleading, affix a verification.) PLD-C-001 [Rev. January 1, 2024] COMPLAINT—Contract Page 2 of 2 PLD-C-001(2) SHORT TITLE: CASE NUMBER: LVNV Funding LLC vs. Steve Cushway First CAUSE OF ACTION—Common Counts (number) ATTACHMENT TO X Complaint Cross - Complaint (Use a separate cause of action form for each cause of action.) CC-1. Plaintiff (name): LVNV Funding, LLC alleges that defendant (name): Steve Cushway became indebted to X plaintiff other (name): a. X within the last four years (1) X on an open book account for money due. (2) X because an account was stated in writing by and between plaintiff and defendant in which it was agreed that defendant was indebted to plaintiff. b. X within the last two years X four years (1) X for money had and received by defendant for the use and benefit of plaintiff. (2) for work, labor, services and materials rendered at the special instance and request of defendant and for which defendant promised to pay plaintiff. the sum of $ UL the reasonable value. (3) for goods, wares, and merchandise sold and delivered to defendant and for which defendant promised to pay plaintiff the sum of $ the reasonable value. (4) X for money lent by plaintiff to defendant at defendant's request. (5) X for money paid, laid out, and expended to or for defendant at defendant's special instance and ob request. (6) other (specify): CC-2. $ , which is the reasonable value, is due and unpaid despite plaintiff's demand, plus prejudgment interest according to proof at the rate of percent per year from (date): CC-3. Plaintiff is entitled to attorney fees by an agreement or a statute of $ UL according to proof. CC-4. X Other: $3,646.93, which is the fixed and agreed amount, is due and unpaid despite plaintiff's demand. Plaintiff is the sole owner and current assignee of this account, whose account number at time of charge off ended in 1362 (the Account). The Account was originally issued by Citibank, N.A., 5800 South Corporate Place, Sioux Falls, SD 57108, and they remained the creditor at time of charge off. $3,646.93 was the balance owed at time of charge off, as shown by Attachment 1. The last payment made on the Account prior to chargeoff was on July 28, 2020, as shown by Attachment 2. The debtor's name and address are from the charge off creditor's account records maintained prior to the sale of the debt, as shown in Attachment 1. The names and addresses of all entities who have purchased the debt after charge off are set forth on Attachment 3. Plaintiff has complied with Civil Code Section 1788.52. Page 3 Page 1 of 1 Code of Civil Procedure, § 425.12 Form Approved for Optional Use Judicial Council of California CAUSE OF ACTION—Common Counts www.courtinfo.ca.gov PLD-C-001(2) [Rev. January 1, 2009] S&A 2556200 1 DECLARATION OF JURISDICTIONAL FACTS 2 The The undersigned undersigned declares declares that that he/she he/she is is authorized authorized toto make make this this declaration declaration for for and and on on behalf behalf of of the the plaintiff plaintiff herein. herein. Pursuant Pursuant to to Civil Civil Procedure Procedure Sections Sections 395 395 and and 396a, 396a, the above entitled court is the proper court for the trial of the above entitled action 1 o.t 1 3 because: 4 [X] One of the defendants resides within the jurisdiction of the above entitled court at the the commencement commencement of of this this action. action. 5 [ ] Goods or services or loans were provided within the jurisdiction of the above 6 entitled entitled court. court. 7 I declare under penalty of perjury under the Laws of the State of California that the the foregoing foregoing is Is true true and and correct. correct. 8 9 Executed Executed on May 21, 2024 on __________________________ ,, South south Pasadena, Pasadena, Calfornia. Calfornia. 10 11 Digitally signed by David C. McGaffey 12 __________________________________ David C. McGaffey DN: o=MJSPC, ou=Legal, uid=283960594 Date: 5/21/2024 11:08:13 AM David C. McGaffey 13 Attorneys for Plaintiff 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 S&A 2556200 ATTACHMENT "1" Account Statement Send Notice of Billing Errors and Customer Service Inquiries to: Customer Service: HOME DEPOT CREDIT SERVICES PO Box 790328, St. Louis, MO 63179 homedepot.com/mycard « The Home Depot Consumer Credit Carel Account Inquiries: 1-866-458-7683 (Summary of Account Activity ) (Payment Information ) Previous Balance $3,551.43 New Balance $3,646.93 Payments -$0.00 Minimum Payment Due $842.35 Other Credits -$0.00 Payment Due Date February 17, 2021 Purchases +$0.00 Late Payment Warning: If we do not receive your minimum payment by the Fees Charged +$39.00 date listed above, you may have to pay a late fee up to $39. Interest Charged +$56.50 Minimum Payment Warning: If you make only the minimum payment each New Balance $3,646.93 period, you will pay more in i nterest and it will take you longer to pay off your balance. For example: \Past Due Amount $710.35 ) (Credit Limit $0.00) Available Credit $0.00 a ! Ct Amount Over Credit Limit $646.93 Only the minimum payment 15 years $10,140 Statement Closing Date 01/21/2021 $168 3 years (Savings $4 104) Next Statement Closing Date 02/18/2021 — 31 py, tt you would like information about credit counseling services, call 1-877-337-8188. \Days in Billing Cycle / Your Minimum Payment Due is $842.35. 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 $2,621.86 by 02/17/21. Otherwise, interest will accrue from your statement closing date until we receive your payment. The “How to Avoid Paying Interest on Purchases” section on page 2 has more information. You must pay your promotional balance of $1,025.07 in full by 03/17/21 to avoid paying deferred interest charges. Please see the enclosed privacy notice for important information. Beginning in January, there will be a $5 expedited payment fee to make a same day payment with a customer service agent. To make a payment at any time with no fee, including a same day payment, you can use the automated voice response system or access your account online at homedepot.com/mycard. 8 HD 13 PLEASE SEE IMPORTANT INFORMATION ON PAGE 2. Page 1 of 6 This Account is Issued by Citibank, N.A. Vv Please detach and return lower portion with your payment to insure proper credit. Retain upper portion for your records. © Your Account Number is Ei 1362 Payment Due Date February 17, 2021 BBs, P.O, Box 790393 New Balance $3,646.93 St. Louis, MO 63179 For proper credit, please write 1362 Past Due Amount? $710.35 on your check and enclose $842.35 with this payment coupon. Statement Enclosed trast Due Amount is included in the Minimum Payment Due. Please print address changes on the reverse side. Make Checks Payable tow HOME DEPOT CREDIT SERVICES STEVE CUSHWAY PO BOX 78011 272 ROSE AVE APT 9 PHOENIX, AZ 85062-8011 PLEASANTON, CA 94566-6588 Information About Your Account. * Agent-Assisted Phone Payments. if you callus to make a payment with the assistance How to Avoid Paying Interest on Purchases. Your payment due date is at least 25 days after of a live agent, the payment will be applied the same day and you will be charged a $5.00 the close of each billing cycle. We will not charge you any interest on purchases if you pay your agent expedited payment fee. New Balance by the payment due date each month. This is called a grace period on purchases. * Express Mail. Send payrnent by express mail to: Consumer Payment Dept., 6716 Grade To get a grace period on purchases you must pay the New Balance by the payment due date Lane, Building 9, Suite 910, Louisville, KY 40213. every billing cycle. If you do not, you will not get a grace period until you pay the New Balance * Crediting Payments other than by Mail. The payment cutoff time for Online bill for two billing cycles in a row. payments, Phone payments, and Express Mail payments is midnight Eastern time. This if you have a balance subject to a deferred interest promotion and that promotion does not means that we will credit your account as of the calendar day, based on Eastern time, that expire before the payment due cate, that balance (an “excluded balance’) Is excluded frorn we recelve your payment request the amount you must pay in full to get a grace period on a purchase balance other than If you send an eligible check with this payment coupon, you authorize us to complete your an excluded balance. However, you must still pay any separately required payment on the payment by electronic debit. If we do, the checking account will be debited in the amount excluded promotional balance. in billing cycles in which payments are allocated to deferred on the check. We may do this as soon as the day we receive the check. Also, the check will interest balances first, the deferred Interest balance will be reduced before any other balance be destroyed. onthe account. However, you will continue to get a grace period on purchases, other than Credit Reporting Disputes. We may report information about your account to credit bureaus. an excluded balance so long as you pay the New Balance less any exciuded balance, plus any if you think we reported inaccurate information, please write us at: Credit Bureau Dispute separately required payment on an exciuded balance, in full by the payment due cate each Verification, P.O. Box 6497, Sioux Falls, SD 57117. billing cycle. Report a Lost or Stolen Card Immediately. Call the Account inquiries number shown in addition, certain promotional offers may take away the grace period on purchases. on Pagel. Other promotional offers not described above may also allow you to have a grace period on purchases without having to pay all or a portion of the promotional balance by the payment What To Do If You Think You Find A Mistake On Your Statement. |f you think there is an error on your statement, write to us at the address for billing errors and customer service due date. if either is the case, the promotional offer will describe what happens. inguiries shown on Page 1 of your statement. How We Calculate Your Balance Subject to Interest Rate. For each balance, the letter following the Annual Percentage Rate in the Interest Charge Calculation section on the front of In your letter, give us the following information: the statement indicates the method we use to calculate interest charges. For Methods C, H and J. Account information: Your name and account number. M, we use a daily balance method (including current transactions) to calculate Interest charges. 2. Dollar arnount: The dollar amount of the suspected error. For Methods | and L, we use an average daily balance method (including current transactions) 3. Description of Problern: if you think there is an error on your bill, describe what you belleve to calculate interest charges. For Method K, we use an average daily balance method (excluding is wrong and why you believe it is a mistake. current transactions) to calculate interest charges. To find out more information about the You must contact us within 60 days after the error appeared on your statement. balance computation method that applies to your account and how the resulting interest You must notify us of any potential errors In writing. You may call us, but if you do we are not charges were determined, contact us at Customer Service nurnber on the front. required to investigate any potential errors and you may have to pay the amount in question. Other Account and Payment Information. While we investigate whether or not there has been an error, the following are true: Payment Amount. You may pay all or part of your account balance at any time. However, you « We cannot try to collect the amount in question, or report you as delinquent on that must pay, by the payment due date, at least the rninimum payment due. amount, When Your Payment Will Be Credited. If we receive your mailed payment in proper form at « The charge in question may remain on your statement, and we may continue to charge our processing facility by 5 p.m. local time there, it will be credited as of that day. A payment you interest on that amount. But, if we determine that we made a mistake, you will not received there in proper form after that time will be credited as of the next day. Allow 5 to 7 have to pay the arnount in question or any interest or other fees related to that amount. days for payments by regular mailto reach us. There may be a delay of up to 5 days in crediting « While you do not have to pay the amount in question, you are responsible for the a payment we receive that is not in proper form or is not sent to the correct address. The rernainder of your balance. correct address for regular mail is the address on the front of the payment coupon. The correct address for express mail is shown in the Express Mail section. * We can apply any unpaid amount against your credit limit. Proper Form. For a payment sent by rail or courier to be in proper form, you must: Your Rights If You Are Dissatisfied With Your Credit Card Purchases. lf you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried * Enclose a valid check or money order made payable to Horne Depot Credit Services. in good faith to correct the problem with the merchant, you may have the right not to pay the No cash, gift cards, or foreign currency please. rernaining amount due on the purchase. * Include your name and the last four digits of your account number. Touse this right, all of the following must be true: Payment Other Than By Mail. 1. The purchase must have been made in your hore state or within 100 miles of your current * In-Store Payrnents. For your added convenience, payments can be made at The Home mailing address, and the purchase price must have been more than $50, (Note: Neither of Depot stores, with no service fee. Any payment In proper form accepted in-store will be these are necessary if your purchase was based on an advertisernent we mailed to you, or credited as of that day. However, credit availability may be subject to verification of funds. if we own the company that sold you the goods or services.) Online/AutoPay. Go to the URL on Page 1 of your staternent to make a payment online. 2. You must have used your credit card for the purchase. Purchases made with cash advances * You can also enroll in AutoPay and have your payment amount automatically deducted from an ATM or with a check that accesses your credit card account do not qualify. each month from the payment account you choose. 3. You must not yet have fully paid for the purchase. Phone. Call the number on Page i of your statement to make a payment by phone. For ° Hf all of the criteria above are met and you are still dissatisfied with the purchase, contact us in. phone payments, you authorize us to electronically debit your specified bank account by writing at the address for billing errors and customer service inquiries shown on Page 1 of your an ACH transaction in the arnount and on the date that you indicate on the phone. You may statement. cancel a phone payment by calling us at the Customer Service number at the top of Pagel within the time period disclosed to you on the phone. There is no fee for making a payment While we investigate, the same rules apply to the disputed ammount as discussed above. After using our automated voice response system. we finish our investigation, we will tell you our decision. At that point, if we think you owe an amount and you do not pay, we may report you as delinquent. KEY CREDIT TERMS NO INTEREST IF PAID IN FULL WITHIN 6 MONTHS’ on purchases of $299 or more. Interest will be charged to your account from the purchase cate if the purchase balance (including premiums for optional credit insurance) is not paid in full within 6 months. “With credit approval for qualifying purchases made on The Horne Depot or EXPO Design Center Consumer Credit Card. APR: 17.29% ~- 26.99%. Minimum interest charge: $2. See card agreement for details including APR applicable to you. Offer valid for consumer accounts in good standing; 6 months everyday credit offer is subject to change without notice; see store for details. HD FEB20 /AI- HD - 9196-0400-0002 -/B/- 000 - 28A -/C/-E -0- X-44-/D/-P - - -0-N-/E/-7- - CCRI-N - - 0-0 -/F/- 01/22/20 - 06/01/19 - 19 - December 21, 2020 AG/-N- - - -/H/-0- -HHGB-il/- - -0-0- - Page 2 of 6 Please provide changeof address and update/add your phone numbers’ here: (Use blue or black ink.) *Cell: *Home: ‘Phone: By giving us a cell number or a number later converted to a cell number, you agree that we or our service providers can contact you at that number by autodialer, recorded or artificial voice, or a text. Your phone plan charges may apply. Account: **** **** **** 1362 Please note that if we received your pay by phone or online payment between 5 p.m. 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 Reference # Amount FEES 01/17 LATE FEE $ 39.00 TOTAL FEES FOR THIS PERIOD $ 39.00 INTEREST CHARGED 01/21 INTEREST CHARGE ON PURCHASES $ 56.50 TOTAL INTEREST FOR THIS PERIOD $ 56.50 Total Fees Charged in 2021 $39.00 Total Interest Charged in 2021 $56.50 ACTIVITY AND PROMOTIONS DETAIL 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 PaymentDue Charges Date PURCHASES Revolving Balance : : $2,526.36 - $39.00 $56.50 $2,621.86 : : : NO INT FOR 18MOS-PMT REQ $1,025.07 06/30/19 $1,025.07 - - - $1,025.07 - $514.92 03/17/21 TOTAL $3,551.43 $0.00 $39.00 $56.50 $3,646.93 $0.00 $514.92 INTEREST CHARGE CALCULATION Your Annual Percentage Rate (APR) is the annual interest rate on your account. PURCHASES Revolving Balance 25.99% (M) $2,559.81 $56.50 NO INT FOR 18MOS-PMT REQ 25.99% (M) : : Page 3 of 6 Account: **** **** **** 1362 THIS PAGE INTENTIONALLY LEFT BLANK Page 4 of 6 PNHDEX 01/20 WHAT DOES CITIBANK DO WITH YOUR PERSONAL INFORMATION? Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we collect, share, and protect your personal information. . Please read this notice carefully to understand what we do. _The types of personal information we collect and share depend on the product or service you have with us. This information can include: _° Social Security number and income * account balances and employment information ¢ credit history and transaction history All financial companies need to share customers’ personal information to run their everyday business. In the section below, we list the reasons financial companies can share their customers’ personal information; the reasons Citibank chooses to share; and whether you can limit this sharing. For our everyday business purposes — such as to process your transactions, maintain your Yes No account(s), respond to court orders and legal investigations, or report to credit bureaus For our marketing purposes _ Yes No to offer our products and services to you For joint marketing with other financial companies Yes No For our affiliates’ everyday business purposes — . . ; . Yes No information about your transactions and experiences For our affiliates’ everyday business purposes — . : : . Yes Yes information about your creditworthiness For our affiliates to market to you Yes Yes For our nonaffiliates to market to you Yes Yes Please note: If you are a new customer, we can begin sharing your information 30 days from the date we sent this notice. When you are no jonger our customer, we continue to share your information as described in this notice. However, you can contact us any time to limit our sharing. _ Call 1-877-491-0607 or call the Customer Service number on the back of your credit _card or on your billing statement. (TTY: 1-888-944-2227) Page 5 of 6 Who is providing this notice? | This notice is provided by the retail partner cards group of Citibank, N.A., the bank that issues your credit card. How does Citibank protect To protect your personal information from unauthorized access and use, we use my personal information? security measures to comply with federal law. These measures include computer safeguards and secured files and buildings. How does Citibank collect We collect your personal information, for example, when you my personal information? * provide account information or give us your contact information * provide employment information or apply for a loan e use your credit or debit card We also collect your personal information from others, such as credit bureaus, affiliates, or other companies. Why can’t [limit all sharing? = Federal law gives you the right to limit only ¢ sharing for affiliates’ everyday business purposes — information about your creditworthiness * affiliates from using your information to market to you ¢ sharing for nonaffiliates to market to you. State laws and individual companies may give you additional rights to limit sharing. See below for more on your rights under state law. What happens when | limit Your choices will apply to everyone on your account. sharing for an account | hold jointly with someone else? Affiliates Companies related by common ownership or control. They can be financial and nonfinancial companies. ° Our affiliates include companies such as Citigroup Global Markets Inc. Nonaffiliates Companies not related by common ownership or control. They can be financial and nonfinancial companies. ° Nonaffiliates we share with can include companies engaged in direct marketing and the selling of consumer products and services. Joint marketing A formal agreement between nonaffiliated financial companies that together market financial products and services to you. ¢ Our joint marketing partners include insurance companies and other financial companies. Other imp Bitar ntor Natio! : | c For Vermont Residents: We will not share information we collect about you with nonaffiliated third parties, except as permitted by Vermont law, such as to process your transactions or to maintain your account. in addition, we will not share information about your creditworthiness with our affiliates except with your authorization. For California Residents: We wiil not share information we collect about you with nonaffiliated third parties, except as permitted by California law, such as to process your transactions orto maintain your account. We may share your personal information, as permitted by law, with the retailer whose name is on your card and with the companies related to the retailer. Y