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ELECTRONICALLY FILED
Donald Sherrill #266038 SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN BERNARDINO
Brian Langedyk #337250 SAN BERNARDINO DISTRICT
HUNT & HENRIQUES, LLP
7017 Realm Dr., San José CA 95119 5/24/2024 2:44 PM
Telephone: (800) 680-2426
Facsimile: (408) 362-2299 By: Isabel Torres, DEPUTY
Attorneys for Plaintiff
File no. 1559473.001
CA Debt Collection License No. 10136-99
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN BERNARDINO
San Bernardino District-Civil Division
Portfolio Recovery Associates, LLC Case N0. CIVSB2416853
11 Plaintiff,
COMPLAINT FOR:
12
vs. (1) Account Stated
13 (2) Open Book Account
LLP 9
1
951
680-2426
362-2299
PRAYER AMOUNT: $2,198.74
DR.
HENRIQUES,
CALIFORNIA (800) JOCELYN RAMIREZ LIMITED CIVIL
REALM
(408)
Amount demanded does not exceed $10,000
16
7017
Defendant(s).
8: JOSE TELEPHONE:
FACSIMILE:
17
HUNT SAN
18
Plaintiff, Portfolio Recovery Associates, LLC, (“Plaintiff”), alleges:
1. Plaintiff is a limited liability company.
20
2. This coun is the proper court because Plaintiff is informed and believes that
21
Defendant, JOCELYN RAMIREZ (“Defendant”), is a resident of SAN BERNARDINO County,
22
State of California.
23
3. At all times herein mentioned, Defendants, and each of them, were the principals,
24
agents, employers, employees, masters, or servants of each of their co-defendants and ratified,
25
adopted or approved the acts or omissions alleged herein, and each defendant, in doing the things
26
alleged, were acting in the course and scope of said authority of such agents, servants, and
27
employees.
28
COMPLAINT
Page 1
A 1 1559473.001
4. This suit concerns a credit account that was purchased by Plaintiff after January 1,
2014 and, therefore, is subject to California Civil Code § 1788.50, et seq.
COMPLIANCE WITH CIVIL CODE § 1788.50, et seq.
Pursuant t0 California Civil Code § 1788.58(a)(1)-(9):
5. Plaintiff is a debt buyer.
6. CAPITAL ONE, N.A. issued a credit account t0 Defendant. Defendant used, or
authorized the use 0f, the credit account to make purchases and/or transactions. Defendant
received periodic billing statements for the credit account. Defendant defaulted in making the
required payments. Subsequently, Plaintiff was assigned and transferred all right, title and
10 interest in the credit account.
11 '7. Plaintiff is the sole owner 0f the credit account at issue, 0r has authority to assert
12 the rights of all owners 0f the debt.
13 8. The balance at charge-off was $2,198.74. Plaintiff is not seeking to recover any
LLP
95119
680-2426
362-2299
14 post charge—off fees or interest.
DR.
HENRIQUES,
CALIFORNIA (800)
9. The date of last payment 0n the credit account was 0n December 22, 2022.
(408)
REALM
7017
16 10. The name of the charge-off creditor is CAPITAL ONE, N.A. and the account
& JOSE TELEPHONE:
FACSIMILE:
SAN
17 number of the charge-off creditor ended in 0994. An address CAPITAL ONE, NA. maintained
HUNT
18 at the time of charge-off was:
19 1680 CAPITAL ONE DRIVE
20 MCLEAN VA 22102.
21 11. The name and last known address that the charge-off creditor had for Defendant
22 is:
JOCELYN RAMIREZ
23
2355 OREGON ST
24
SN BERNRDNO CA 92410-2043.
25
12. The subject credit account has been purchased by the following entity after
26
charge-off: Portfolio Recovery Associates, LLC who maintains an address at 120 Corporate
27
28
COMPLAINT
Page 2
A1 1559473001 ‘
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ELECTRONICALLY FILED Donald Sherrill #266038 SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN BERNARDINO Brian Langedyk #337250 SAN BERNARDINO DISTRICT HUNT & HENRIQUES, LLP 7017 Realm Dr., San José CA 95119 5/24/2024 2:44 PM Telephone: (800) 680-2426 Facsimile: (408) 362-2299 By: Isabel Torres, DEPUTY Attorneys for Plaintiff File no. 1559473.001 CA Debt Collection License No. 10136-99 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN BERNARDINO San Bernardino District-Civil Division Portfolio Recovery Associates, LLC Case N0. CIVSB2416853 11 Plaintiff, COMPLAINT FOR: 12 vs. (1) Account Stated 13 (2) Open Book Account LLP 9 1 951 680-2426 362-2299 PRAYER AMOUNT: $2,198.74 DR. HENRIQUES, CALIFORNIA (800) JOCELYN RAMIREZ LIMITED CIVIL REALM (408) Amount demanded does not exceed $10,000 16 7017 Defendant(s). 8: JOSE TELEPHONE: FACSIMILE: 17 HUNT SAN 18 Plaintiff, Portfolio Recovery Associates, LLC, (“Plaintiff”), alleges: 1. Plaintiff is a limited liability company. 20 2. This coun is the proper court because Plaintiff is informed and believes that 21 Defendant, JOCELYN RAMIREZ (“Defendant”), is a resident of SAN BERNARDINO County, 22 State of California. 23 3. At all times herein mentioned, Defendants, and each of them, were the principals, 24 agents, employers, employees, masters, or servants of each of their co-defendants and ratified, 25 adopted or approved the acts or omissions alleged herein, and each defendant, in doing the things 26 alleged, were acting in the course and scope of said authority of such agents, servants, and 27 employees. 28 COMPLAINT Page 1 A 1 1559473.001 4. This suit concerns a credit account that was purchased by Plaintiff after January 1, 2014 and, therefore, is subject to California Civil Code § 1788.50, et seq. COMPLIANCE WITH CIVIL CODE § 1788.50, et seq. Pursuant t0 California Civil Code § 1788.58(a)(1)-(9): 5. Plaintiff is a debt buyer. 6. CAPITAL ONE, N.A. issued a credit account t0 Defendant. Defendant used, or authorized the use 0f, the credit account to make purchases and/or transactions. Defendant received periodic billing statements for the credit account. Defendant defaulted in making the required payments. Subsequently, Plaintiff was assigned and transferred all right, title and 10 interest in the credit account. 11 '7. Plaintiff is the sole owner 0f the credit account at issue, 0r has authority to assert 12 the rights of all owners 0f the debt. 13 8. The balance at charge-off was $2,198.74. Plaintiff is not seeking to recover any LLP 95119 680-2426 362-2299 14 post charge—off fees or interest. DR. HENRIQUES, CALIFORNIA (800) 9. The date of last payment 0n the credit account was 0n December 22, 2022. (408) REALM 7017 16 10. The name of the charge-off creditor is CAPITAL ONE, N.A. and the account & JOSE TELEPHONE: FACSIMILE: SAN 17 number of the charge-off creditor ended in 0994. An address CAPITAL ONE, NA. maintained HUNT 18 at the time of charge-off was: 19 1680 CAPITAL ONE DRIVE 20 MCLEAN VA 22102. 21 11. The name and last known address that the charge-off creditor had for Defendant 22 is: JOCELYN RAMIREZ 23 2355 OREGON ST 24 SN BERNRDNO CA 92410-2043. 25 12. The subject credit account has been purchased by the following entity after 26 charge-off: Portfolio Recovery Associates, LLC who maintains an address at 120 Corporate 27 28 COMPLAINT Page 2 A1 1559473001 ‘