Motion for Writ in LVNV FUNDING LLC vs. DIONNE HORTON| Trellis.Law

On March 19, 2024 a Summons was filed involving a dispute between Lvnv Funding Llc, and Dionne Horton, for SF in the District Court of Cuyahoga County.

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NAILAH K. BYRD
CUYAHOGA COUNTY CLERK OF COURTS
1200 Ontario Street
Cleveland, Ohio 44113

Court of Common Pleas

New Case Electronically Filed: COMPLAINT
March 19, 2024 13:12

By: ANTHONY HUSPASKA 0087618

Confirmation Nbr. 3117416

LVNV FUNDING LLC CV 24 994608

vs.
Judge: SHIRLEY STRICKLAND SAFFOLD
DIONNE HORTON

Pages Filed: 7

Electronically Filed 03/19/2024 13:12/ / CV 24 994608 / Confirmation Nbr. 3117416 / CLSH1
IN THE COURT OF COMMON PLEAS
CUYAHOGA COUNTY, OHIO
LVNV FUNDING LLC ) CASE NUMBER:
C/O 55 BEATTIE PLACE SUITE 110 )
GREENVILLE, SC 29601 ) JUDGE:
)
Plaintiff ) COMPLAINT
)
vs. )
)
DIONNE HORTON )
1980 BEVERLY HILLS DR )
CLEVELAND, OH 44143-1310 )
)
Defendant )

FIRST COUNT
NONPAYMENT OF ACCOUNT

1. Plaintiff is the assignee of Defendant’s Account, Account number XXXXXXXXXXXX6697, an Account
which was used for the Defendant's benefit. The Account was formerly with Citibank, N,A„

2. This court is the proper court because Plaintiff is informed and believes that Defendant Dionne Horton is
a resident of Cuyahoga County, State of Ohio.

3. Defendant used the Account at various times, and thereby requested Ioans, advances, services, and/or
payments of various sums of money for the use and benefit of the Defendant.

4. The account documentation is attached hereto as Exhibit A.

5. Upon information and belief, Defendant made the last payment on the account on or about September 07,
2021 and the Account was charged-off by the Original Creditor on or about April 29, 2022.

6. Defendant has defaulted on the repayment obligation and has failed to repay the balance of $15,737.05.

7. As a result of the assignment, Plaintiffbecame, and now is entitled to recover the amount owed by the
Defendant.

8. There is presently due the Plaintiff from the Defendant for the money loaned/money paid out on
Defendant’s Account, the sum of $15,737.05.

SECOND COUNT
UNJUST ENRICHMENT

9. Plaintiff incorporates by reference herein, each allegation set forth above.

10. Defendant received billing statement(s), but has failed to repay the unpaid balance.

11. Defendant knowingly retained the benefits derived from the use of the Account, without having repaid the
balance outstanding on the Account.

12. Retention of the benefits conferred upon the Defendant under these circumstances would be unjust
without requiring the Defendant to make payments for the same.

’T1 COLLECT A DEBT AND ANY
24-111785/4417.FRM
13. Defendant has been unjustly enriched in the amount of the outstanding balance set forth above, as
Defendant knew or should have known that the credit was not being provided gratuitously.

WHEREFORE, Plaintiff prays for judgment against Defendant in the amount of $15,737.05 with statutory interest
from the date of judgment, costs of this action, and such other and further relief as the Court deems just and proper under
the circumstances.
Respectfully Submitted,

STENGER & STENGER, P.C.
Attorneys for Plaijjuff

By:_________________________
Dated: Anth^THuspaska (OSCR#: 0087618)
Stenger & Stenger, P.C.
File No. 24-111785 /✓Attorneys for Plaintiff
' 2618 East Paris Avenue SE
Grand Rapids, Ml 49546
Cjiurt Inquiries Ph: (877) 988-2280
Defendant/Counsel Ph: (888) 305-7775
Email: ohio@stengerlaw.com

PRAECIPE FOR SERVICE
Please issue a Summons for each Defendant as listed in the above case caption via U.S. Certified Mail, return
receipt requested. If service of process by certified mail is returned by the postal authorities with an endorsement of
"refused" or "unclaimed", the undersigned waives notice of same by the Clerk and requests ordinary mail service in
accordance with Civil Rule 4.6 (C) or 4.6 (D).
Respectfully Submitted,

STENGER &^TENGER, P.C.
Attorneys fo/Plaintiff

By: / _______________
Dated: Anthony J. Huspaska (OSCR#: 0087618)
^Stenger & Stenger, P.C.
File No. 24-111785 Attorneys for Plaintiff
2618 East Paris Avenue SE
Grand Rapids, MI 49546
Court Inquiries Ph: (877) 988-2280
Defendant/Counsel Ph: (888) 305-7775
Email: ohio@stengerlaw.com

Electronically Filed 03/19/2024 13:12 / / CV 24 994608 / Confirmation Nbr. 3117416 / CLSH1COLLECT A DEBT AND ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 24-111785 24-111785/4417.FRM
EXHIBIT A

Electronically Filed 03/19/2024 13:12 / / CV 24S994608 / Confirmation Nbr. ‘3117416 / CLSH1COLLECT A DEBT AND ANY
Account Statement
Send Notice of Billing Errorsand Customer Service Inquiries Io:
BEST BUY CREDIT SERVICES

My Best Buy® G Customer Service:
bestbuy.accountonline.coni
PO Box 790441, St. Louis. MO S3179

■ri Account Inquiries:
Credit Card 111 1-888-620-5879 (TTY: 711)
r
Summary of Account Activity Payment Information
Previous Balance $15,391.82 New Balance $15,737.05
Payments -$0.00 Minimum Payment Due $3,674.00
Other Credits -$0.00
Payment Due Date May 23, 2022
Purchases +$0.00
Cash Advances +$0.00 Late Payment Warning; If we do not receive your minimum payment by the
Fees Charged +$40.00 date listed above, you may have to pay alate fee up to $40.
Interest Charged +S305.23 Minimum Payment Warning: If you make only the minimum payment each
New Balance $15,737.05 period, you will pay more in interest and it will take you longer to pay off your
balance. For example:
.Past Due Amount $3,171,00 - if you make no additional • -You will payoff the r i And ydu will ‘
' charges using this card "■ balance shown, oh this' end up paying'an
, and-Caoh (nonth you payL,, ^staterneptBYabour; ’ estimated total of.1 J

fCredit Limit $0.00 A Only tne minimum payment 27 years $47,549
Available Credit $0.00 $24,634
$684 3 years
Amount Over Credit Limit $9,087.05 (Savings=$22,915)
If you would like Information about credit counseling services, call 1-877-337-81®
Statement Closing Date 04/28/2022 (TTY: 711).
Next Statement Closing Date 05/29/2022
.Days in Billing Cycle 30 J V------------------------------------------------------------------------------------------------------------------------------ ,

You must pay your promotional balance of $2,386.76 in full by 05/23/23 to avoid paying deferred interest charges.

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
04/23 LATE FEE $ 40.00
TOTAL FEES FOR THIS PERIOD $ 40.00

SHN 20
PLEASE SEE IMPORTANT INFORMATION ON PAGE 2. Page 1 of 4 This Account Is Issued by Citibank, N.A.
+ Please detach and return lower portion with your payment tn ensure proper credit. Retain upper portion ter your records.

BEST Your Account Number is 6697

BUY Payment Due Date May 23, 2022
PO BOX 6204 New Balance $15,737,05
SIOUX FALLS. SD 57117-6204
Past Due Amount $3,171.00
Minimum Payment Due $3,674.00
Statement Enclosed
■Amount Enclosed: ■ $

fpast Due Amount Is ineluded in the Minimum Payment Due.
Please print address changes on the reverse side.
Make Checks Payable to ▼

BEST BUY CREDIT SERVICES
DIONNE HORTON PO BOX 9001007
1980 BEVERLY HILLS DR LOUISVILLE, KY 40290-1007
CLEVELAND, OH 44143-1310
Electronically Filed 03/19/2024 13:12 / / CV 24 994608 / Confirmation Nbr. 3117416 / CLSH1

□3L74DD 1573705 0007b00 301b
Information About Your Account- • Express Mall. Send payment by express mail to: Consumer Payment Dept., 6716 Grade
How to Avoid Paying Intaroat on Purchases. Your payment due date is at least 25 days Lane, Building9, Suite910, Louisville, KY 40213.
after the close of each billing cycle. We will not charge you any interest on purchases if you • Crediting Payments other than by Mail. The payment cutoff time for Online biil
pay your New Balance by the payment due date each month. This is called a grace period payments, Phone payments, and Express Mail payments is midnight Eastern time. This
on purchases. To get a grace period on purchases you must pay the New Balance by the means that we will credit your account as of the calendar day, based on Eastern time,
payment due date every billing cycle. If you do not, you will not get a grace period until you that we receive your payment request.
pay the New Balance for two billing cycles in a row. If you send an eligible check with this payment coupon, you authorize us to complete
your payment by electronic debit. If we do, the checking account will be debited in the
if you have a balance subject to a deferred interest promotion and that promotion does not
expire before the payment due date, that balance (an "excluded balance") is excluded from amount on the check. We may do this as soon as the day we receive the check. Also,
the amount you must pay in full to get a grace period on a purchase balance other than the check will be destroyed.
an excluded balance. In addition, if you have a reduced rate credit plan, that balance (an Credit Reporting Disputes. We may report information about your account to credit
''excluded balance") is excluded from the amount you must pay in full to get a grace period bureaus. If you think we reported inaccurate information, please write us at: Credit Bureau
on a purchase balance other than an excluded balance. However, you must still pay any Dispute Verification, P.O. Box 6497, Sicux Fails, SD 57117.
separately required payment on the excluded balance. In billing cyclesin which payments
Reporta Lost or Stolen Card Immediately. Cal! the Account Inquiries number shown on
are allocated to deferred interest balances first, the deferred Interest balance will be
reduced before any other balance on the account. However, you will continue to get a grace Pagel
period on purchases, other than an excluded balance, so long as you pay the New Balance What To Do If You Think You Find A Mistake On Your Statement. If you think there is an
(less any excluded balance, plus any separately required payment on an excluded balance) error on your statement, write to us at the address for billing errors and customer service
in full by the payment due date each billing cycle. Deferred interest offers may also be called inquiries shown on Page 1 of your statement.
Same As Cash or No Interest. In your letter, give us the following information:
In addition, certain promotional offers not described above may also allow you to have a
1. Account information: Your name and account number.
grace period on purchases without having to pay all or a portion of the promotional balance
2. Dollar amount: The dollar amount of the suspected error.
by the payment due date. If that is tire case, the promotional offer will describe what
3. Description of Problem: if you think there is an error on your bill, describe what you
happens.
believe is wrong and wily you believe it is a mistake.
How We Calculate Your Balance Subject to Interest Rate. We use a daily balance method
You must contact us within 60 days after the error appeared on your statement.
(including current transactions) to calculate interest charges. To find out more information
about the ba lance computation method and how the resulting interest charges were You must notify us of any potential errors in writing. You may call us, but it you do we are
determined, contact us at the Account Inquiries number on the front. not required to investigate any potential errors and you may have to pay the amount in
question.
Other Account and Payment Information.
While we investigate whet tier 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 must pay, by the payment due date, at least the minimum payment due. ■ We cannot try to collect the amount in question, or report you as delinquent on that
amount.
Whan Your Payment Will Be Credited. If we receive your payment in proper form at our
processing facility by 5 p.m. local time there, it will be credited as of that day. A payment ■ The charge in question may remain on your statement, and we may continue to charge
received there In proper form after that time will be credited as of the next day. Allow 5 you interest on that amount. But, If we determine that we made a mistake, you will not
to 7 days for payments by regular mail to reach us. There maybe a delay of up to 5 days have to pay the amount in question or any interest or other fees related to that amount.
in crediting a payment we receive that is not in proper form or Is not sent to the correct • while you do not have to pay the amount in question, you are responsible for the
address. The correct address for regular mail is the address on the front of the payment remainder of your balance.
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 se nt by mail or courier to b e in p roper form, you must: Your Rights If You Are Dissatisfied With Your Credit Card Purchases. If you are
dissatisfied with the goods or services that you have purchased with your credit card, and
■ Enclose a valid checker money order. No cash, gift cards, or foreign currency please.
you have tried in good faith to correct the problem with the merchant, you may have the
• Include yourname andthe last fourdigitsot youraccountnumber.
right not to pay the remaining amount due on Hie purchase.
Payment Other Than By Mall. To use this right, all of the following must be true:
■ In-Store (Where Available). Any payment in proper form accepted in-store will be
1. The purchase must have been made in your home state or within 100 miles of your
credited as of that day. However, credit availability may be subject to verification
current mailing address, and the purchase price must have been more than $50,
of funds. Not all stores accept payments. Contact your local store to see if in-store
(Note: Neither of these are necessary if your purchase was based on an advertisement
payments are accepted at that location.
we mailed to you. or if we own the company that sold you the goods or services.)
• Ontlne/Auto Pay. Go to the U R L on Pag e 1 of your statement to ma ke a payment on iin e.
2. You must have used your credit card for the purchase. Purchases made with cash
You can also enroll in AutoPay and have your payment amount automatically deducted
advances from an ATM or with a check that accesses your credit card account do not
each month from the payment account you choose.
qualify.
■ Phone. Call the number on Page i of your statement to make a payment by phone. For
3. You must not yet have fully paid for the purchase.
phone payments, you authorize us to electronically debit your specified bank account by
an ACH transaction in the amount and on the date that you indicate on the phone. You if allot the criteria above are met and you are still dissatisfied with the purchase, contact us
may cancel a phone payment by calling us at the Customer Service number at the top of hi. writing at the address for billing errors and customer service inquiries shown on Page 1 of
Pagel within the time period disclosed to you on the phone. There is no fee for making a your statement.
payment using our automated voice response system. While we investigate, the same rules apply to the disputed amount as discussed above.
• Agent-Assisted Phone Payments. If you call us to make a payment with the assistance After we finish our investigation, we will tell you our decision. At that point, if we think
of a live agent, the payment will be applied the same day and you will be charged a you owe an amount and you do not pay, we may report you as delinquent.
$5.00 agent expedited payment fee. BBY PL NA FEB20

W- HN - 9038-7001-0002 - N1 VBA 2955475827 • C -Id- E - 90 - X - 74 VD/- P - - - 0 - N VET- 7 - - -N- ■ 0 - 0-/FA 01/29/22 - 03/01/14 ■ 97 - Marell 29, 2022
/GAN- - - -/HAO- -YEDQ-V -IV- - -0-0- - YJA - - -2003S- -0520

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Please provide change of address and update/add your
phone numbers'here: (Use blue or biack 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.

Electronically Filed 03/19/2024 13:12 / / CV 24 994608 / Confirmation Nbr. 3117416 / CLSH1
Account: ^■■■■6697
TRANSACTIONS (cont.)
Trans Date Description Reference # Amount

INTEREST CHARGED
04/20 INTEREST CHARGE ON PURCHASES $ 305.23
TOTAL INTEREST FOR THIS PERIOD $ 305.23

Total Fees Charged in 2022 $160.00
Total Interest Charged in 2022 $1,169.47

ACTIVITY AND PROMOTIONS DETAIL
Original Purchases,
Promotion Promo 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
PURCHASES
REGULAR
- - $13,005.06 - $40.00 $305.23 $13,350.29 - - -
NO INT W/PYMTS FOR 24 MOS
$2,386.76 050621 $2,386.76 - $2,386.76 $754.91 052323
TOTAL $15,391.82 $0.00 $40.00 $305.23 $15,737.05 $0.00 $754.91

INTEREST CHARGE CALCULATION Your Annual Percentage Rate (APR) Is the annual Interest rate on your account.
Typ&bfBalahM" ““ ,yAnn
PURCHASES
REGULAR 28.24% (M)(V) $13,151.99 $305,23
NO INT W/PYMTS FOR 24 MOS 28.24% (M)(V) -
(V) = Variable Rate

Electronically Filed 03/19/2024 13:12 / / CV 24 994608 / Confirmation Nbr. 3117416 / CLSH1

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Electronically Filed 03/19/2024 13:12 / / CV 24 994608 / Confirmation Nbr. 3117416 / CLSH1

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Summons: LVNV FUNDING LLC vs. DIONNE HORTON

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