On May 31, 2024 a
Complaint Filed - Complaint
was filed
involving a dispute between
Midland Credit Management Inc.,
and
Cervantes, Hilda,
Does 1 - 10, Inclusive,
for Rule 3.740 Collections -Reduced Filing Fee Limited
in the District Court of San Bernardino County.
Preview
ROBERT K. HANNA, Bar No.: 341970
State ELECTRONICALLY FILED
JUNQIAO XIAO, Bar No.: 341670
State SUPERIOR COURT OF CALIFORNIA
HYO JIN JULIA JUNG, State Bar No.: 3 16090 COUNTY OF SAN BERNARDINO
SAN BERNARDINO DISTRICT
MICHAEL D. KAHN, State Bar No.: 236898
LAMONT FREEMAN, State Bar No.: 349862 5/31/2024 12:44 PM
MIDLAND CREDIT MANAGEMENT, INC
350 CAMINO DE LA REINA, SUITE 100 By: Maryann White—Penright, DEPUTY
SAN DIEGO, CA 92108
Telephone: (866) 300-8750
Facsimile: (858) 309-1588
CalifomiaLegal@mcmcg.com
California Debt Collection License #10644—99
Attorneys for Plaintiff
\OOONQ
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN BERNARDINO
SAN BERNARDINO DISTRICT CIVIL DIVISION
10
MIDLAND CREDIT MANAGEMENT, INC. Case No. C'VSBZ‘“ 7736
11
Plaintiff, COMPLAINT FOR:
12
VS. (1) Account Stated
13
14
HILDA CERVANTES; PRAYER AMT: $ 1 ,21 1 .23
and DOES 1 through 10, inclusive LIMITED
15 Defendant.
16
MIDLAND CREDIT MANAGEMENT, INC, (”Plaintiffl), by counsel, sues HILDA CERVANTES,
17
(“Defendant”) under Account Stated and in support thereof states:
18 1. Plaintiff is authorized t0 d0 business in CALIFORNIA, with its principal place of
19 business at 350 CAMINO DE LA REINA SUITE 100 SAN DIEGO CA 92108. Plaintiff
20 owns portfolios of consumer receivables, which it attempts to collect. Plaintiff strives to
treat its consumers, such as Defendant, with respect, compassion and integrity, hoping to
21
provide mutually—beneficial opportunities for consumers to repay their debts and attain
22
financial recovery.
23
2. Defendant is a resident 0f SAN BERNARDINO County, State of California and is
24
subject to this Court’s jurisdiction.
25 unaware 0f the names and capacities 0f Defendants sued
3. Plaintiff is true by the fictitious
26 names DOES 1 through 10. Plaintiff Will ask leave 0f court t0 amend this complaint as
27 and when the true names and capacities of Defendants named herein as DOES 1 through
10 have been ascertained.
28
Pursuant t0 California Civil Code (“CA CIVIL”) §1788.58(a)(1)—(9), Plaintiff alleges:
4. Plaintiff is a debt buyer as defined by CA CIVIL §1788.50(a).
1
COMPLAINT
CA_0132G File No.: 24-1053 16 SCP
Defendant established an account (the “Account”) With THE BANK OF MISSOURI.
The amount due is the result 0f transactions that occurred on the Account. Defendant was
provided statements evidencing Defendant’s use 0f the Account and the balance due.
AWN
Defendant failed to make the required payments and subsequently defaulted on the
Account 0n November 28, 2022. Thereafter, Plaintiff was assigned all rights, title, and
interest in the Account.
Plaintiff is the sole owner 0f the debt. Attached as Exhibit A is a true and correct copy of
the Bill 0f Sale from THE BANK OF MISSOURI, t0 Plaintiff. The Account was
KOOONQ
purchased by Plaintiff on July 27, 2023.
The Account balance at the time of charge-off was $1,211.23. Plaintiff alleges that the
date 0f default is November 28, 2022 and the date of the last payment was November 27,
10
2022.
11
The name 0f the charge-off creditor at the time of charge-off is THE BANK OF
12
MISSOURI. The address utilized by THE BANK OF MISSOURI at the time 0f charge—
13
off was 916 NORTH KINGSHIGHWAY PERRYVILLE,MO 63775. At the time of
14 charge off, the account number associated With the debt was XXXXXXXX-XX—2403.
15 The name 0f the debtor as it appeared in the records 0f THE BANK OF MISSOURI is
16 HILDA CERVANTES and the last known address as it appeared in the records 0f THE
17
BANK OF MISSOURI is 15075 LIVE OAK ST HESPERIA CA 92345.
10. The name and address 0f all post charge-off purchasers 0f the debt are as follows:
18
Name Address
19 GENESIS Fs CARD SERVICES, INC. 14600 NW GREENBRIER PKWY
BEAVERTON OR 97006
20 MIDLAND CREDIT MANAGEMENT, 350 CAMINO DE LA REINA SUITE 100 SAN
INC. DIEGO CA 92108
21
22
11. Plaintiff has complied With the provisions 0f CA CIVIL §1788.52. Plaintiff informed
23 Defendant of the assignment of the Account.
24 12 Pursuant to CA CIVIL §1788.58(b), attached as Exhibit B is a true and correct copy 0f a
25 monthly statement recording a purchase transaction, payment, 0r balance transfer while
the Account was active as required by CA CIVIL §1788.52(b).
26
13. Attached as Exhibit C is a true and correct copy of a billing statement that was mailed to
27
Defendant stating the balance due on the Account at 0r around the time 0f charge-off.
28
14. Plaintiff acquired all right, title, and interest to the Account. T0 the extent that Plaintiff
acts in its capacity as successor—in-interest t0 the original creditor or its assigns,
references herein t0 Plaintiff may include Plaintiff s predecessor—in—interest.
2
COMPLAINT
CA_0132G File N0.: 24-1053 16 SCP
Document Filed Date
May 31, 2024
Case Filing Date
May 31, 2024
Category
Rule 3.740 Collections -Reduced Filing Fee Limited
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ROBERT K. HANNA, Bar No.: 341970 State ELECTRONICALLY FILED JUNQIAO XIAO, Bar No.: 341670 State SUPERIOR COURT OF CALIFORNIA HYO JIN JULIA JUNG, State Bar No.: 3 16090 COUNTY OF SAN BERNARDINO SAN BERNARDINO DISTRICT MICHAEL D. KAHN, State Bar No.: 236898 LAMONT FREEMAN, State Bar No.: 349862 5/31/2024 12:44 PM MIDLAND CREDIT MANAGEMENT, INC 350 CAMINO DE LA REINA, SUITE 100 By: Maryann White—Penright, DEPUTY SAN DIEGO, CA 92108 Telephone: (866) 300-8750 Facsimile: (858) 309-1588 CalifomiaLegal@mcmcg.com California Debt Collection License #10644—99 Attorneys for Plaintiff \OOONQ SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN BERNARDINO SAN BERNARDINO DISTRICT CIVIL DIVISION 10 MIDLAND CREDIT MANAGEMENT, INC. Case No. C'VSBZ‘“ 7736 11 Plaintiff, COMPLAINT FOR: 12 VS. (1) Account Stated 13 14 HILDA CERVANTES; PRAYER AMT: $ 1 ,21 1 .23 and DOES 1 through 10, inclusive LIMITED 15 Defendant. 16 MIDLAND CREDIT MANAGEMENT, INC, (”Plaintiffl), by counsel, sues HILDA CERVANTES, 17 (“Defendant”) under Account Stated and in support thereof states: 18 1. Plaintiff is authorized t0 d0 business in CALIFORNIA, with its principal place of 19 business at 350 CAMINO DE LA REINA SUITE 100 SAN DIEGO CA 92108. Plaintiff 20 owns portfolios of consumer receivables, which it attempts to collect. Plaintiff strives to treat its consumers, such as Defendant, with respect, compassion and integrity, hoping to 21 provide mutually—beneficial opportunities for consumers to repay their debts and attain 22 financial recovery. 23 2. Defendant is a resident 0f SAN BERNARDINO County, State of California and is 24 subject to this Court’s jurisdiction. 25 unaware 0f the names and capacities 0f Defendants sued 3. Plaintiff is true by the fictitious 26 names DOES 1 through 10. Plaintiff Will ask leave 0f court t0 amend this complaint as 27 and when the true names and capacities of Defendants named herein as DOES 1 through 10 have been ascertained. 28 Pursuant t0 California Civil Code (“CA CIVIL”) §1788.58(a)(1)—(9), Plaintiff alleges: 4. Plaintiff is a debt buyer as defined by CA CIVIL §1788.50(a). 1 COMPLAINT CA_0132G File No.: 24-1053 16 SCP Defendant established an account (the “Account”) With THE BANK OF MISSOURI. The amount due is the result 0f transactions that occurred on the Account. Defendant was provided statements evidencing Defendant’s use 0f the Account and the balance due. AWN Defendant failed to make the required payments and subsequently defaulted on the Account 0n November 28, 2022. Thereafter, Plaintiff was assigned all rights, title, and interest in the Account. Plaintiff is the sole owner 0f the debt. Attached as Exhibit A is a true and correct copy of the Bill 0f Sale from THE BANK OF MISSOURI, t0 Plaintiff. The Account was KOOONQ purchased by Plaintiff on July 27, 2023. The Account balance at the time of charge-off was $1,211.23. Plaintiff alleges that the date 0f default is November 28, 2022 and the date of the last payment was November 27, 10 2022. 11 The name 0f the charge-off creditor at the time of charge-off is THE BANK OF 12 MISSOURI. The address utilized by THE BANK OF MISSOURI at the time 0f charge— 13 off was 916 NORTH KINGSHIGHWAY PERRYVILLE,MO 63775. At the time of 14 charge off, the account number associated With the debt was XXXXXXXX-XX—2403. 15 The name 0f the debtor as it appeared in the records 0f THE BANK OF MISSOURI is 16 HILDA CERVANTES and the last known address as it appeared in the records 0f THE 17 BANK OF MISSOURI is 15075 LIVE OAK ST HESPERIA CA 92345. 10. The name and address 0f all post charge-off purchasers 0f the debt are as follows: 18 Name Address 19 GENESIS Fs CARD SERVICES, INC. 14600 NW GREENBRIER PKWY BEAVERTON OR 97006 20 MIDLAND CREDIT MANAGEMENT, 350 CAMINO DE LA REINA SUITE 100 SAN INC. DIEGO CA 92108 21 22 11. Plaintiff has complied With the provisions 0f CA CIVIL §1788.52. Plaintiff informed 23 Defendant of the assignment of the Account. 24 12 Pursuant to CA CIVIL §1788.58(b), attached as Exhibit B is a true and correct copy 0f a 25 monthly statement recording a purchase transaction, payment, 0r balance transfer while the Account was active as required by CA CIVIL §1788.52(b). 26 13. Attached as Exhibit C is a true and correct copy of a billing statement that was mailed to 27 Defendant stating the balance due on the Account at 0r around the time 0f charge-off. 28 14. Plaintiff acquired all right, title, and interest to the Account. T0 the extent that Plaintiff acts in its capacity as successor—in-interest t0 the original creditor or its assigns, references herein t0 Plaintiff may include Plaintiff s predecessor—in—interest. 2 COMPLAINT CA_0132G File N0.: 24-1053 16 SCP