Preview
File No. 24-10437-0
1 Robert Scott Kennard
State Bar No. 117017
2 Gloria Zarco
State Bar No. 199702
3 NELSON & KENNARD
4 5011 Dudley Blvd., Bldg. 250, Bay G
McClellan, CA 95652-1020
5 P.O. Box 13807
Sacramento, CA 95853
6 Telephone: (916) 920-2295
Facsimile: (916) 920-0682
7
8 Attorneys for Plaintiff
CAVALRY SPV I, LLC as assignee of Citibank, N.A.
9
10 SUPERIOR COURT OF CALIFORNIA, COUNTY OF ALAMEDA
RENE C. DAVIDSON COURTHOUSE
11
12 CAVALRY SPV I, LLC as assignee of CASE NO.
Citibank, N.A.
13 COMPLAINT FOR ACCOUNT STATED;
Plaintiff, MONEY LENT
14
vs.
15 (DEMAND AMOUNT: $2,587.62)
16 JEROME L CLARY
and DOES 1 to 10, Inclusive,
17
18 Defendants.
19
Plaintiff alleges and complains as follows:
20
PRELIMINARY ALLEGATIONS
21
22 Plaintiff, CAVALRY SPV I, LLC, as assignee of Citibank, N.A.,
23 as issuer of the Macy's credit card account, complains of
24 Defendants, and each of them, singularly and collectively, that:
25
1. The true names and capacities of Defendants herein sued by
26
the fictitious names as DOES 1 to 10, Inclusive, are unknown to
27
Plaintiff, who therefore sues those Defendants under, pursuant to,
28
1
Complaint
1 and in accordance with the provisions of Section 474 of the Code of
2 Civil Procedure. Plaintiff will ask leave of court to amend this
3 complaint as and when the true names and capacities of Defendants
4
named herein as DOES 1 to 10 have been ascertained.
5
2. At all times herein mentioned, Defendants, and each of
6
them, were the agents, servants and employees of each other and
7
8 every remaining Defendant, and in doing the things alleged, were
9 acting in the course and scope of said authority of such agents,
10 servants, and employees.
11 3. Plaintiff is now and was at all times herein mentioned a
12
limited liability company, authorized to do business in the State of
13
California.
14
4. Plaintiff is a debt buyer as defined by Section 1788.50 of
15
16 the CA Civil Code. Plaintiff and Plaintiff’s counsel’s application
17 for license pursuant to Financial Code Section 100000 et. seq. are
18 pending issuance with the Nationwide Multistate Licensing and
19 Registry and/or the California Department of Financial Protection
20
and Innovation.
21
5. Section 1788.50 of the CA Civil Code is applicable to this
22
action as the debt subject to this lawsuit was purchased by
23
24 Plaintiff after January 1, 2014. Plaintiff is the sole owner of the
25 debt at issue.
26 6. Plaintiff is in compliance with Section 1788.52 of the CA
27 Civil Code. Attached hereto as Exhibit A is a true and correct copy
28
2
Complaint
1 of a monthly account statement that was sent to the Defendant while
2 the account was active, which demonstrates that the debt was
3 incurred by the Defendant.
4
7. The nature of the underlying debt is a credit agreement
5
entered into between the chargeÂoff creditor and the Defendant. The
6
Defendant obtained credit to use for the purchase of certain goods
7
8 and services and used the account for that purpose.
9 8. The name of the charge-off creditor is Citibank, N.A., as
10 issuer of the Macy's card account. The address of the charge-off
11 creditor at the time of charge-off was PO BOX 78008 PHOENIX, AZ
12
85062-8008. The last four digits of the charge-off account number
13
are XXXXXXXXXXXX6663.
14
9. The name and last known address of the Defendant as they
15
16 appeared in the charged-off creditor's records prior to the sale of
17 the debt was JEROME L CLARY, 900 143RD AVE APT 259 SAN LEANDRO, CA
18 94578.
19 10. The name and address of all entities that purchased the
20
debt after charge-off is/are: CAVALRY SPV I, LLC, 355 S Main Street,
21
Suite 300-D Greenville, SC 29601.
22
11. Plaintiff is informed and believes and thereon alleges
23
24 that Defendant JEROME L CLARY is an individual who resides in the
25 City of San Leandro, County of Alameda, State of California.
26 12. Before commencement of this action, in those cases where
27 recovery of costs is dependent on such notices, Plaintiff informed
28
3
Complaint
1 the Defendant(s) in writing that it intended to file this action and
2 that this action may result in a judgment against Defendant(s) that
3 might include court costs and necessary disbursements allowed by
4
C.C.P. § 1033(b)(2).
5
FIRST CAUSE OF ACTION
6 (Account Stated)
7 13. Plaintiff repeats and repleads and incorporates by
8
reference the allegations made in Paragraphs I through 12 of this
9
complaint.
10
14. The balance due at charge off was $2,587.62. After
11
12 deduction for all post charge off offsets and credits, if any, there
13 is now due, owing and unpaid from Defendant to Plaintiff the current
14 balance of $2,587.62, and upon information and belief there is $0.00
15 in post charge-off fees and $0.00 in post charge-off interest.
16
15. Defendants were indebted to the charge-off creditor,
17
Citibank, N.A., as issuer of the Macy's card account, in the amount
18
of $2,587.62 on an account stated in writing. Please see the
19
20 statement of account reflecting the indebtedness attached hereto as
21 Exhibit B. This Citibank, N.A. credit card account was for credit
22 card purchases and/or cash advances. Defendant was billed monthly
23 and failed to dispute as required under the Federal Fair Billing Act
24
applicable to such account (15 U.S.C. $ 1666 et seq.).
25
16. The date of last payment made on the account was December
26
7, 2021.
27
28
4
Complaint
1 17. Prior to filing this complaint, all right, title and
2 interest in the account which is the subject of this lawsuit,
3 Account Number XXXXXXXXXXXX6663, was sold and assigned by Citibank,
4
N.A. as issuer of the Macy's credit card account, to CAVALRY SPV I,
5
LLC. CAVALRY SPV I, LLC is the sole owner of the debt at issue.
6
18. Plaintiff made demand on defendants for payment of that
7
8 sum, but no part of that sum has been paid to plaintiff, and the
9 entire amount is now due and unpaid.
10 19. Neither the whole nor any part of the above charged-off
11 sum has been paid, although payment has been demanded, leaving a
12
balance due, owing and unpaid to Plaintiff in the amount of
13
$2,587.62 and together with costs of suit.
14
SECOND CAUSE OF ACTION
15 (Money Lent)
16
20. Plaintiff repeats and repleads and incorporates by
17
reference the allegations made in Paragraphs 1 through 20 of this
18
complaint.
19
20 21. The balance due at charge off was $2,587.62. After
21 deduction for all post charge off offsets and credits, if any, there
22 is now due, owing and unpaid from Defendant to Plaintiff the current
23 balance of 2,587.62.
24
22. Within the last four years, Defendant became indebted to
25
the charge-off creditor, Citibank, N.A., Macy's credit card account,
26
in the amount of $2,587.62 for money lent to or paid out for the
27
28
5
Complaint
1 benefit of Defendant at his/her request, based on Defendant's use
2 and benefit of his/her account.
3 23. The date of last payment made on the account was December
4
7, 2021.
5
24. Neither the whole nor any part of the above charged-off
6
sum has been paid, although payment has been demanded, leaving a
7
8 balance due, owing and unpaid to Plaintiff in the amount of
9 $2,587.62 together with costs of suit.
10 WHEREFORE, plaintiff prays for judgment against Defendants, and
11 each of them, jointly and severally, as follows:
12
FOR THE FIRST CAUSE OF ACTION
13
(1) Damages in the sum $2,587.62;
14
(2) Costs of Suit and;
15
16 (3) Such other relief as the Court may deem just and proper.
17 FOR THE SECOND CAUSE OF ACTION
18 (1) Damages in the sum $2,587.62;
19 (2) Costs of Suit and; 176.92
20
(3) Such other relief as the Court may deem just and proper.
21
NELSON & KENNARD
22
23 Dated: May 20, 2024 By:______________________________
24 Gloria Zarco
Attorney for Plaintiff December 7,
20217/19/22
25
26
27
28
6
Complaint
1
VERIFICATION
2
3 I, Gloria Zarco, declare:
4
1. I am an attorney at law duly admitted and licensed to
5
practice before all courts of the State of California and I have my
6
professional offices at 5011 Dudley Blvd., Bldg. 250, Bay G,
7
8 McClellan, Sacramento County, California.
9 2. I am the attorney of record for Plaintiff in the above-
10 entitled matter. Said Plaintiff is absent from the county in which
11 I have my office and for that reason, I am making this verification
12
on its behalf.
13
3. I have read the foregoing Complaint and know the content
14
thereof. Venue lies properly with this court because Defendant
15
16 either resides in this judicial district at the time this action is
17 commenced, or the contract was in fact signed by the Defendant in
18 this judicial district.
19 4. As to all other matters, I am informed and believe that
20
the matters stated therein are true and, on that ground, I allege
21
the matters stated therein are true.
22
I declare under penalty of perjury of the laws of the State of
23
24 California that the foregoing is true and correct.
25 Executed at Fullerton, California.
26 Dated: May 20, 2024 ______________________________
Gloria Zarco
27
28
1
VERIFICATION
EXHIBIT A
Macy's Account statement
Questions or lost/stolen card?
Call Customer Service 1-866-593-2543 (TTY: 711) JEROME L CLARY
Account number ending in6663
Go to macys.com/creditto manage and pay your account online.
Summary of Account Activity Payment Information
Previous Balance $2,106.79 New Balance $1,972.26
Payments -$176.92 Minimum Payment Due $62.39
Other Credits -$0.00 Payment Due Date January 14, 2022
Purchases/Other Debits +$0.00
Fees Charged +$0.00 Late Payment Warning: If we do not receive your minimum payment by the date
Interest Charged +$42.39 listed above, you may have to pay alate fee up to $40.
New Balance $1,972.26 Minimum Payment Warning: If you make only the minimum payment each
period, you will pay more in interest and it will take you longer to pay off your
Past Due Amount $0.00 balance. For example:
Credit Limit $0.00 If you make no additional You will pay off the And you will
Available Credit $0.00 charges using this card balance shown on this end up paying an
and each month you pay... statement in about... estimated total of...
Statement Closing Date 12/17/2021 Only the minimum payment 11 years $4,733
Next Statement Closing Date 01/18/2022
Days in Billing Cycle 30 $78 3 years $2,824
666301
(Savings=$1,909)
If you would like information about credit counseling services, call 1-877-337-818
7 (TTY: 711).
You can access and manage your credit card account whenever you want ÿ just visit macys.com/credit or "Account" on Macy's mobile App to log in or set
up your profile. From there, you can add your card and access online servicing to check your balance, make a payment, enroll in paperless statements and
more.
Macy's account transactions
Transaction Date Description Location Amount
Dec 07 PAYMENT - THANK YOU -$176.92
PLEASE SEE IMPORTANT INFORMATION ON REVERSE SIDE. Page 1 of 4 This Account is Issued byDepartment Stores NationalBank.
ML 11
Account number ending in6663
PO BOX 790003 Payment Due Date January 14, 2022
ST. LOUIS, MO 63179-0003
New Balance $1,972.26
Minimum Payment Due $62.39
Your Statement Enclosed
Make Check Payable to: Macy's
Mail to address below
Macy's
JEROME L CLARY PO BOX 78008
900 143RD AVE PHOENIX, AZ 85062-8008
APT 259
SAN LEANDRO, CA 94578
6663
666301
ML - 9139-7700-0003 -/A/- S - 31 - N - D - - - - 197101 -/B/-E - 0 - - 44 -/C/- P - - - 0 - Y -/D/- 0 - - - N - - 0 - 0 -/E/- 01/19/21 - 02/01/14 - 94 - December 7, 2021 - November 17, 2021 -N - - -
-/F/- 0 - - MA6Q - V - D - D - - - - - 0920 -/G/- V - - 0 - 0 - - - 56 -
Page 2 of 4
Account number ending in 6663
Fees
Transaction Date Description Amount
TOTAL FEES FOR THIS PERIOD $0.00
Interest Charged
Transaction Date Description Amount
Dec 17 INTEREST CHARGE ON PURCHASES $42.39
TOTAL INTEREST FOR THIS PERIOD $42.39
2021 Totals Year-to-Date
Total Fees Charged in 2021 $229.00
Total Interest Charged in 2021 $552.22
Activity and Promotions Detail
Original Purchases,
Promotion Promotion Payments Cash Adv, Promotion Deferred Promotion
Trans Trans Previous & Other Fees & Interest New Minimum Interest Expiration
Amount Date Balance Credits Other Debits Charged Balance Payment Due Charges Date
MACY'S ACCOUNT TRANSACTIONS
REGULAR
666302
- - $1,410.23 -$29.83 - $29.32 $1,409.72 - - -
REGULAR ON OR BEFORE06/17/16
- - $696.56 -$147.09 - $13.07 $562.54 - - -
TOTAL $2,106.79 -$176.92 $0.00 $42.39 $1,972.26 $0.00 $0.00
Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account.
Type of Balance Annual Percentage Rate (APR) Balance Subject to Interest Rate Interest Charge
MACY'S ACCOUNT TRANSACTIONS
REGULAR 25.24% (V) $1,413.48 $29.32
REGULAR ON OR BEFORE06/17/16 24.50% (V) $649.26 $13.07
(V) = Variable Rate
Page 3 of 4
Account number ending in 6663
THIS PAGE INTENTIONALLY LEFT BLANK
666302
Page 4 of 4
EXHIBIT B
Macy's Account statement
Questions or lost/stolen card?
Call Customer Service 1-800-782-7756 (TTY: 711) JEROME L CLARY
Account number ending in6663
Go to macys.com/creditto manage and pay your account online.
Summary of Account Activity Payment Information
Previous Balance $2,490.84 New Balance $2,587.62
Payments -$0.00 Minimum Payment Due $842.75
Other Credits -$0.00 Payment Due Date August 14, 2022
Purchases/Other Debits +$0.00
Fees Charged +$40.00 Late Payment Warning: If we do not receive your minimum payment by the date
Interest Charged +$56.78 listed above, you may have to pay alate fee up to $40.
New Balance $2,587.62 Minimum Payment Warning: If you make only the minimum payment each
period, you will pay more in interest and it will take you longer to pay off your
Past Due Amount $719.97 balance. For example:
Credit Limit $0.00 If you make no additional You will pay off the And you will
Available Credit $0.00 charges using this card balance shown on this end up paying an
and each month you pay... statement in about... estimated total of...
Statement Closing Date 07/18/2022 Only the minimum payment 10 years $5,204
Next Statement Closing Date 08/18/2022
Days in Billing Cycle 31 $105 3 years $3,781
666301
(Savings=$1,423)
If you would like information about credit counseling services, call 1-877-337-818
8 (TTY: 711).
You can access and manage your credit card account whenever you want ÿ just visit macys.com/credit or "Account" on Macy's mobile App to log in or set
up your profile. From there, you can add your card and access online servicing to check your balance, make a payment, enroll in paperless statements and
more.
Please note that if we received your pay by phone or online payment between 5 p.m. ET and midnight ET on your Statement Closing Date identified on your
last statement, that payment will appear on your next statement.
PLEASE SEE IMPORTANT INFORMATION ON REVERSE SIDE. Page 1 of 4 This Account is Issued by Citibank, N.A.
8 ML 11
Account number ending in6663
PO BOX 790003
Payment Due Date August 14, 2022
New Balance $2,587.62
ST. LOUIS, MO 63179-0003
Minimum Payment Due $842.75
Your Statement Enclosed
Make Check Payable to: Macy's
Mail to address below
Macy's
JEROME L CLARY PO BOX 78008
900 143RD AVE PHOENIX, AZ 85062-8008
APT 259
SAN LEANDRO, CA 94578
6663
666301
ML - 9139-7700-0003 -/A/- S - 31 - N - D - - - - 197101 -/B/- E - 54 - D - 44 -/C/- P - - - 0 - N -/D/- 7 - - - N - Y - 0 - 0 -/E/- 01/19/22 - 02/01/14 - 101 - May 15, 2022 - June 17, 2022 -N - - - -/F/- 0
- - MA6Q - V - D - D - - - - - 0920 -/G/- V - - 0 - 0 - - - 6 -
Page 2 of 4
Account number ending in 6663
Fees
Transaction Date Description Amount
Jul 14 LATE FEE $40.00
TOTAL FEES FOR THIS PERIOD $40.00
Interest Charged
Transaction Date Description Amount
Jul 18 INTEREST CHARGE ON PURCHASES $56.78
TOTAL INTEREST FOR THIS PERIOD $56.78
2022 Totals Year-to-Date
Total Fees Charged in 2022 $280.00
Total Interest Charged in 2022 $335.36
Activity and Promotions Detail
Original Purchases,
Promotion Promotion Payments Cash Adv, Promotion Deferred Promotion
Trans Trans Previous & Other Fees & Interest New Minimum Interest Expiration
Amount Date Balance Credits Other Debits Charged Balance Payment Due Charges Date
666302
MACY'S ACCOUNT TRANSACTIONS
REGULAR
- - $1,854.35 - $40.00 $42.58 $1,936.93 - - -
REGULAR ON OR BEFORE 06/17/16
- - $636.49 - - $14.20 $650.69 - - -
TOTAL $2,490.84 $0.00 $40.00 $56.78 $2,587.62 $0.00 $0.00
Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account.
Type of Balance Annual Percentage Rate (APR) Balance Subject to Interest Rate Interest Charge
MACY'S ACCOUNT TRANSACTIONS
REGULAR 26.74% (V) $1,874.87 $42.58
REGULAR ON OR BEFORE06/17/16 26.00% (V) $643.33 $14.20
(V) = Variable Rate
Page 3 of 4
Account number ending in 6663
THIS PAGE INTENTIONALLY LEFT BLANK
666302
Page 4 of 4
Preview
File No. 24-10437-0 1 Robert Scott Kennard State Bar No. 117017 2 Gloria Zarco State Bar No. 199702 3 NELSON & KENNARD 4 5011 Dudley Blvd., Bldg. 250, Bay G McClellan, CA 95652-1020 5 P.O. Box 13807 Sacramento, CA 95853 6 Telephone: (916) 920-2295 Facsimile: (916) 920-0682 7 8 Attorneys for Plaintiff CAVALRY SPV I, LLC as assignee of Citibank, N.A. 9 10 SUPERIOR COURT OF CALIFORNIA, COUNTY OF ALAMEDA RENE C. DAVIDSON COURTHOUSE 11 12 CAVALRY SPV I, LLC as assignee of CASE NO. Citibank, N.A. 13 COMPLAINT FOR ACCOUNT STATED; Plaintiff, MONEY LENT 14 vs. 15 (DEMAND AMOUNT: $2,587.62) 16 JEROME L CLARY and DOES 1 to 10, Inclusive, 17 18 Defendants. 19 Plaintiff alleges and complains as follows: 20 PRELIMINARY ALLEGATIONS 21 22 Plaintiff, CAVALRY SPV I, LLC, as assignee of Citibank, N.A., 23 as issuer of the Macy's credit card account, complains of 24 Defendants, and each of them, singularly and collectively, that: 25 1. The true names and capacities of Defendants herein sued by 26 the fictitious names as DOES 1 to 10, Inclusive, are unknown to 27 Plaintiff, who therefore sues those Defendants under, pursuant to, 28 1 Complaint 1 and in accordance with the provisions of Section 474 of the Code of 2 Civil Procedure. Plaintiff will ask leave of court to amend this 3 complaint as and when the true names and capacities of Defendants 4 named herein as DOES 1 to 10 have been ascertained. 5 2. At all times herein mentioned, Defendants, and each of 6 them, were the agents, servants and employees of each other and 7 8 every remaining Defendant, and in doing the things alleged, were 9 acting in the course and scope of said authority of such agents, 10 servants, and employees. 11 3. Plaintiff is now and was at all times herein mentioned a 12 limited liability company, authorized to do business in the State of 13 California. 14 4. Plaintiff is a debt buyer as defined by Section 1788.50 of 15 16 the CA Civil Code. Plaintiff and Plaintiff’s counsel’s application 17 for license pursuant to Financial Code Section 100000 et. seq. are 18 pending issuance with the Nationwide Multistate Licensing and 19 Registry and/or the California Department of Financial Protection 20 and Innovation. 21 5. Section 1788.50 of the CA Civil Code is applicable to this 22 action as the debt subject to this lawsuit was purchased by 23 24 Plaintiff after January 1, 2014. Plaintiff is the sole owner of the 25 debt at issue. 26 6. Plaintiff is in compliance with Section 1788.52 of the CA 27 Civil Code. Attached hereto as Exhibit A is a true and correct copy 28 2 Complaint 1 of a monthly account statement that was sent to the Defendant while 2 the account was active, which demonstrates that the debt was 3 incurred by the Defendant. 4 7. The nature of the underlying debt is a credit agreement 5 entered into between the chargeÂoff creditor and the Defendant. The 6 Defendant obtained credit to use for the purchase of certain goods 7 8 and services and used the account for that purpose. 9 8. The name of the charge-off creditor is Citibank, N.A., as 10 issuer of the Macy's card account. The address of the charge-off 11 creditor at the time of charge-off was PO BOX 78008 PHOENIX, AZ 12 85062-8008. The last four digits of the charge-off account number 13 are XXXXXXXXXXXX6663. 14 9. The name and last known address of the Defendant as they 15 16 appeared in the charged-off creditor's records prior to the sale of 17 the debt was JEROME L CLARY, 900 143RD AVE APT 259 SAN LEANDRO, CA 18 94578. 19 10. The name and address of all entities that purchased the 20 debt after charge-off is/are: CAVALRY SPV I, LLC, 355 S Main Street, 21 Suite 300-D Greenville, SC 29601. 22 11. Plaintiff is informed and believes and thereon alleges 23 24 that Defendant JEROME L CLARY is an individual who resides in the 25 City of San Leandro, County of Alameda, State of California. 26 12. Before commencement of this action, in those cases where 27 recovery of costs is dependent on such notices, Plaintiff informed 28 3 Complaint 1 the Defendant(s) in writing that it intended to file this action and 2 that this action may result in a judgment against Defendant(s) that 3 might include court costs and necessary disbursements allowed by 4 C.C.P. § 1033(b)(2). 5 FIRST CAUSE OF ACTION 6 (Account Stated) 7 13. Plaintiff repeats and repleads and incorporates by 8 reference the allegations made in Paragraphs I through 12 of this 9 complaint. 10 14. The balance due at charge off was $2,587.62. After 11 12 deduction for all post charge off offsets and credits, if any, there 13 is now due, owing and unpaid from Defendant to Plaintiff the current 14 balance of $2,587.62, and upon information and belief there is $0.00 15 in post charge-off fees and $0.00 in post charge-off interest. 16 15. Defendants were indebted to the charge-off creditor, 17 Citibank, N.A., as issuer of the Macy's card account, in the amount 18 of $2,587.62 on an account stated in writing. Please see the 19 20 statement of account reflecting the indebtedness attached hereto as 21 Exhibit B. This Citibank, N.A. credit card account was for credit 22 card purchases and/or cash advances. Defendant was billed monthly 23 and failed to dispute as required under the Federal Fair Billing Act 24 applicable to such account (15 U.S.C. $ 1666 et seq.). 25 16. The date of last payment made on the account was December 26 7, 2021. 27 28 4 Complaint 1 17. Prior to filing this complaint, all right, title and 2 interest in the account which is the subject of this lawsuit, 3 Account Number XXXXXXXXXXXX6663, was sold and assigned by Citibank, 4 N.A. as issuer of the Macy's credit card account, to CAVALRY SPV I, 5 LLC. CAVALRY SPV I, LLC is the sole owner of the debt at issue. 6 18. Plaintiff made demand on defendants for payment of that 7 8 sum, but no part of that sum has been paid to plaintiff, and the 9 entire amount is now due and unpaid. 10 19. Neither the whole nor any part of the above charged-off 11 sum has been paid, although payment has been demanded, leaving a 12 balance due, owing and unpaid to Plaintiff in the amount of 13 $2,587.62 and together with costs of suit. 14 SECOND CAUSE OF ACTION 15 (Money Lent) 16 20. Plaintiff repeats and repleads and incorporates by 17 reference the allegations made in Paragraphs 1 through 20 of this 18 complaint. 19 20 21. The balance due at charge off was $2,587.62. After 21 deduction for all post charge off offsets and credits, if any, there 22 is now due, owing and unpaid from Defendant to Plaintiff the current 23 balance of 2,587.62. 24 22. Within the last four years, Defendant became indebted to 25 the charge-off creditor, Citibank, N.A., Macy's credit card account, 26 in the amount of $2,587.62 for money lent to or paid out for the 27 28 5 Complaint 1 benefit of Defendant at his/her request, based on Defendant's use 2 and benefit of his/her account. 3 23. The date of last payment made on the account was December 4 7, 2021. 5 24. Neither the whole nor any part of the above charged-off 6 sum has been paid, although payment has been demanded, leaving a 7 8 balance due, owing and unpaid to Plaintiff in the amount of 9 $2,587.62 together with costs of suit. 10 WHEREFORE, plaintiff prays for judgment against Defendants, and 11 each of them, jointly and severally, as follows: 12 FOR THE FIRST CAUSE OF ACTION 13 (1) Damages in the sum $2,587.62; 14 (2) Costs of Suit and; 15 16 (3) Such other relief as the Court may deem just and proper. 17 FOR THE SECOND CAUSE OF ACTION 18 (1) Damages in the sum $2,587.62; 19 (2) Costs of Suit and; 176.92 20 (3) Such other relief as the Court may deem just and proper. 21 NELSON & KENNARD 22 23 Dated: May 20, 2024 By:______________________________ 24 Gloria Zarco Attorney for Plaintiff December 7, 20217/19/22 25 26 27 28 6 Complaint 1 VERIFICATION 2 3 I, Gloria Zarco, declare: 4 1. I am an attorney at law duly admitted and licensed to 5 practice before all courts of the State of California and I have my 6 professional offices at 5011 Dudley Blvd., Bldg. 250, Bay G, 7 8 McClellan, Sacramento County, California. 9 2. I am the attorney of record for Plaintiff in the above- 10 entitled matter. Said Plaintiff is absent from the county in which 11 I have my office and for that reason, I am making this verification 12 on its behalf. 13 3. I have read the foregoing Complaint and know the content 14 thereof. Venue lies properly with this court because Defendant 15 16 either resides in this judicial district at the time this action is 17 commenced, or the contract was in fact signed by the Defendant in 18 this judicial district. 19 4. As to all other matters, I am informed and believe that 20 the matters stated therein are true and, on that ground, I allege 21 the matters stated therein are true. 22 I declare under penalty of perjury of the laws of the State of 23 24 California that the foregoing is true and correct. 25 Executed at Fullerton, California. 26 Dated: May 20, 2024 ______________________________ Gloria Zarco 27 28 1 VERIFICATION EXHIBIT A Macy's Account statement Questions or lost/stolen card? Call Customer Service 1-866-593-2543 (TTY: 711) JEROME L CLARY Account number ending in6663 Go to macys.com/creditto manage and pay your account online. Summary of Account Activity Payment Information Previous Balance $2,106.79 New Balance $1,972.26 Payments -$176.92 Minimum Payment Due $62.39 Other Credits -$0.00 Payment Due Date January 14, 2022 Purchases/Other Debits +$0.00 Fees Charged +$0.00 Late Payment Warning: If we do not receive your minimum payment by the date Interest Charged +$42.39 listed above, you may have to pay alate fee up to $40. New Balance $1,972.26 Minimum Payment Warning: If you make only the minimum payment each period, you will pay more in interest and it will take you longer to pay off your Past Due Amount $0.00 balance. For example: Credit Limit $0.00 If you make no additional You will pay off the And you will Available Credit $0.00 charges using this card balance shown on this end up paying an and each month you pay... statement in about... estimated total of... Statement Closing Date 12/17/2021 Only the minimum payment 11 years $4,733 Next Statement Closing Date 01/18/2022 Days in Billing Cycle 30 $78 3 years $2,824 666301 (Savings=$1,909) If you would like information about credit counseling services, call 1-877-337-818 7 (TTY: 711). You can access and manage your credit card account whenever you want ÿ just visit macys.com/credit or "Account" on Macy's mobile App to log in or set up your profile. From there, you can add your card and access online servicing to check your balance, make a payment, enroll in paperless statements and more. Macy's account transactions Transaction Date Description Location Amount Dec 07 PAYMENT - THANK YOU -$176.92 PLEASE SEE IMPORTANT INFORMATION ON REVERSE SIDE. Page 1 of 4 This Account is Issued byDepartment Stores NationalBank. ML 11 Account number ending in6663 PO BOX 790003 Payment Due Date January 14, 2022 ST. LOUIS, MO 63179-0003 New Balance $1,972.26 Minimum Payment Due $62.39 Your Statement Enclosed Make Check Payable to: Macy's Mail to address below Macy's JEROME L CLARY PO BOX 78008 900 143RD AVE PHOENIX, AZ 85062-8008 APT 259 SAN LEANDRO, CA 94578 6663 666301 ML - 9139-7700-0003 -/A/- S - 31 - N - D - - - - 197101 -/B/-E - 0 - - 44 -/C/- P - - - 0 - Y -/D/- 0 - - - N - - 0 - 0 -/E/- 01/19/21 - 02/01/14 - 94 - December 7, 2021 - November 17, 2021 -N - - - -/F/- 0 - - MA6Q - V - D - D - - - - - 0920 -/G/- V - - 0 - 0 - - - 56 - Page 2 of 4 Account number ending in 6663 Fees Transaction Date Description Amount TOTAL FEES FOR THIS PERIOD $0.00 Interest Charged Transaction Date Description Amount Dec 17 INTEREST CHARGE ON PURCHASES $42.39 TOTAL INTEREST FOR THIS PERIOD $42.39 2021 Totals Year-to-Date Total Fees Charged in 2021 $229.00 Total Interest Charged in 2021 $552.22 Activity and Promotions Detail Original Purchases, Promotion Promotion Payments Cash Adv, Promotion Deferred Promotion Trans Trans Previous & Other Fees & Interest New Minimum Interest Expiration Amount Date Balance Credits Other Debits Charged Balance Payment Due Charges Date MACY'S ACCOUNT TRANSACTIONS REGULAR 666302 - - $1,410.23 -$29.83 - $29.32 $1,409.72 - - - REGULAR ON OR BEFORE06/17/16 - - $696.56 -$147.09 - $13.07 $562.54 - - - TOTAL $2,106.79 -$176.92 $0.00 $42.39 $1,972.26 $0.00 $0.00 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. Type of Balance Annual Percentage Rate (APR) Balance Subject to Interest Rate Interest Charge MACY'S ACCOUNT TRANSACTIONS REGULAR 25.24% (V) $1,413.48 $29.32 REGULAR ON OR BEFORE06/17/16 24.50% (V) $649.26 $13.07 (V) = Variable Rate Page 3 of 4 Account number ending in 6663 THIS PAGE INTENTIONALLY LEFT BLANK 666302 Page 4 of 4 EXHIBIT B Macy's Account statement Questions or lost/stolen card? Call Customer Service 1-800-782-7756 (TTY: 711) JEROME L CLARY Account number ending in6663 Go to macys.com/creditto manage and pay your account online. Summary of Account Activity Payment Information Previous Balance $2,490.84 New Balance $2,587.62 Payments -$0.00 Minimum Payment Due $842.75 Other Credits -$0.00 Payment Due Date August 14, 2022 Purchases/Other Debits +$0.00 Fees Charged +$40.00 Late Payment Warning: If we do not receive your minimum payment by the date Interest Charged +$56.78 listed above, you may have to pay alate fee up to $40. New Balance $2,587.62 Minimum Payment Warning: If you make only the minimum payment each period, you will pay more in interest and it will take you longer to pay off your Past Due Amount $719.97 balance. For example: Credit Limit $0.00 If you make no additional You will pay off the And you will Available Credit $0.00 charges using this card balance shown on this end up paying an and each month you pay... statement in about... estimated total of... Statement Closing Date 07/18/2022 Only the minimum payment 10 years $5,204 Next Statement Closing Date 08/18/2022 Days in Billing Cycle 31 $105 3 years $3,781 666301 (Savings=$1,423) If you would like information about credit counseling services, call 1-877-337-818 8 (TTY: 711). You can access and manage your credit card account whenever you want ÿ just visit macys.com/credit or "Account" on Macy's mobile App to log in or set up your profile. From there, you can add your card and access online servicing to check your balance, make a payment, enroll in paperless statements and more. Please note that if we received your pay by phone or online payment between 5 p.m. ET and midnight ET on your Statement Closing Date identified on your last statement, that payment will appear on your next statement. PLEASE SEE IMPORTANT INFORMATION ON REVERSE SIDE. Page 1 of 4 This Account is Issued by Citibank, N.A. 8 ML 11 Account number ending in6663 PO BOX 790003 Payment Due Date August 14, 2022 New Balance $2,587.62 ST. LOUIS, MO 63179-0003 Minimum Payment Due $842.75 Your Statement Enclosed Make Check Payable to: Macy's Mail to address below Macy's JEROME L CLARY PO BOX 78008 900 143RD AVE PHOENIX, AZ 85062-8008 APT 259 SAN LEANDRO, CA 94578 6663 666301 ML - 9139-7700-0003 -/A/- S - 31 - N - D - - - - 197101 -/B/- E - 54 - D - 44 -/C/- P - - - 0 - N -/D/- 7 - - - N - Y - 0 - 0 -/E/- 01/19/22 - 02/01/14 - 101 - May 15, 2022 - June 17, 2022 -N - - - -/F/- 0 - - MA6Q - V - D - D - - - - - 0920 -/G/- V - - 0 - 0 - - - 6 - Page 2 of 4 Account number ending in 6663 Fees Transaction Date Description Amount Jul 14 LATE FEE $40.00 TOTAL FEES FOR THIS PERIOD $40.00 Interest Charged Transaction Date Description Amount Jul 18 INTEREST CHARGE ON PURCHASES $56.78 TOTAL INTEREST FOR THIS PERIOD $56.78 2022 Totals Year-to-Date Total Fees Charged in 2022 $280.00 Total Interest Charged in 2022 $335.36 Activity and Promotions Detail Original Purchases, Promotion Promotion Payments Cash Adv, Promotion Deferred Promotion Trans Trans Previous & Other Fees & Interest New Minimum Interest Expiration Amount Date Balance Credits Other Debits Charged Balance Payment Due Charges Date 666302 MACY'S ACCOUNT TRANSACTIONS REGULAR - - $1,854.35 - $40.00 $42.58 $1,936.93 - - - REGULAR ON OR BEFORE 06/17/16 - - $636.49 - - $14.20 $650.69 - - - TOTAL $2,490.84 $0.00 $40.00 $56.78 $2,587.62 $0.00 $0.00 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. Type of Balance Annual Percentage Rate (APR) Balance Subject to Interest Rate Interest Charge MACY'S ACCOUNT TRANSACTIONS REGULAR 26.74% (V) $1,874.87 $42.58 REGULAR ON OR BEFORE06/17/16 26.00% (V) $643.33 $14.20 (V) = Variable Rate Page 3 of 4 Account number ending in 6663 THIS PAGE INTENTIONALLY LEFT BLANK 666302 Page 4 of 4