On May 24, 2024 a
Complaint,Petition
was filed
involving a dispute between
Portfolio Recovery Associates, Llc,
and
Repa, James,
for Rule 3.740 Collections -Reduced Filing Fee Limited
in the District Court of San Bernardino County.
Preview
ELECTRONICALLY FILED
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN BERNARDINO
Donald Sherrill #266038 SAN BERNARDINO DISTRICT
Brian Langedyk #337250
HUNT & HENRIQUES, LLP 5/24/2024 2:48 PM
r
7017 Realm Dr., San José CA 951 19
Telephone: (800) 680-2426 By: Isabel Torres, DEPUTY
Facsimile: (408) 362-2299
Attorneys for Plaintiff
File no. 1559623001
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. CIVSB2416863
Plaintiff,
COMPLAINT FOR:
12
vs. (1) Account Stated
13 (2) Open Book Account
LLP
95119
680-2426
362-2299
14 PRAYER AMOUNT: $1,965.02
DR.
HENRIQUEs,
CALIFORNIA (800) JAMES REPA LIMITED CIVIL
(408)
REALM
Amount demanded does not exceed $10,000
7 16
Defendant(s).
& 701
JOSE TELEPHONE:
FACSIMILE:
17
HUNT SAN
l8
Plaintiff, Portfolio Recovery Associates, LLC, (“Plaintiff”), alleges:
19
1. Plaintiff is a limited liability company.
20
2. This court is the proper court because Plaintiff is informed and believes that
21
Defendant, JAMES REPA (“Defendant”), is a resident 0f SAN BERNARDINO County, State
22
I
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 0r 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 I 1559623001
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 W'ITH CIVIL CODE § 1788.50, et seq.
Pursuant to California Civil Code § 1788.58(a)(1)-(9):
5. Plaintiff is a debt buyer.
6. SYNCHRONY BANK issued a credit account to Defendant. Defendant used, 0r
authorized the use of, 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 of the credit account at issue, or has authority t0 assert
12 the rights 0f all owners 0f the debt.
13 8. The balance at charge-off was $2,006.02. Plaintiff is not seeking to recover any
LLP
95119
680—2426
362-2299
14 post charge—off fees 0r interest.
DR.
HENRIQUES,
CALIFORNIA (800)
15 9. The date of last payment on the credit account was 0n October 2, 2022.
(408)
REALM
7017
16 10. The name 0f the charge-off creditor is SYNCHRONY BANK and the acéount
& JOSE TELEPHONE:
FACSIMILE:
HUNT SAN
17 number of the charge-off creditor ended in 4327. An address SYNCHRONY BANK maintained
18 at the time 0f charge-off was:
19 170 E ELECTION RD
20 DRAPER UT 84020.
21 11. The name and last known address that the charge-off creditor had for Defendant
22 is:
JAMES REPA
23
13343 DAFFODIL LN
24
YUCAIPA CA 92399-5150.
2'5
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
A 1 1559623001
Preview
ELECTRONICALLY FILED SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN BERNARDINO Donald Sherrill #266038 SAN BERNARDINO DISTRICT Brian Langedyk #337250 HUNT & HENRIQUES, LLP 5/24/2024 2:48 PM r 7017 Realm Dr., San José CA 951 19 Telephone: (800) 680-2426 By: Isabel Torres, DEPUTY Facsimile: (408) 362-2299 Attorneys for Plaintiff File no. 1559623001 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. CIVSB2416863 Plaintiff, COMPLAINT FOR: 12 vs. (1) Account Stated 13 (2) Open Book Account LLP 95119 680-2426 362-2299 14 PRAYER AMOUNT: $1,965.02 DR. HENRIQUEs, CALIFORNIA (800) JAMES REPA LIMITED CIVIL (408) REALM Amount demanded does not exceed $10,000 7 16 Defendant(s). & 701 JOSE TELEPHONE: FACSIMILE: 17 HUNT SAN l8 Plaintiff, Portfolio Recovery Associates, LLC, (“Plaintiff”), alleges: 19 1. Plaintiff is a limited liability company. 20 2. This court is the proper court because Plaintiff is informed and believes that 21 Defendant, JAMES REPA (“Defendant”), is a resident 0f SAN BERNARDINO County, State 22 I 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 0r 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 I 1559623001 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 W'ITH CIVIL CODE § 1788.50, et seq. Pursuant to California Civil Code § 1788.58(a)(1)-(9): 5. Plaintiff is a debt buyer. 6. SYNCHRONY BANK issued a credit account to Defendant. Defendant used, 0r authorized the use of, 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 of the credit account at issue, or has authority t0 assert 12 the rights 0f all owners 0f the debt. 13 8. The balance at charge-off was $2,006.02. Plaintiff is not seeking to recover any LLP 95119 680—2426 362-2299 14 post charge—off fees 0r interest. DR. HENRIQUES, CALIFORNIA (800) 15 9. The date of last payment on the credit account was 0n October 2, 2022. (408) REALM 7017 16 10. The name 0f the charge-off creditor is SYNCHRONY BANK and the acéount & JOSE TELEPHONE: FACSIMILE: HUNT SAN 17 number of the charge-off creditor ended in 4327. An address SYNCHRONY BANK maintained 18 at the time 0f charge-off was: 19 170 E ELECTION RD 20 DRAPER UT 84020. 21 11. The name and last known address that the charge-off creditor had for Defendant 22 is: JAMES REPA 23 13343 DAFFODIL LN 24 YUCAIPA CA 92399-5150. 2'5 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 A 1 1559623001