arrow left
arrow right
  • LVNV FUNDING LLCvs.MARIE DUPRATTE SC - Small Claims $501 - $2,500 document preview
  • LVNV FUNDING LLCvs.MARIE DUPRATTE SC - Small Claims $501 - $2,500 document preview
  • LVNV FUNDING LLCvs.MARIE DUPRATTE SC - Small Claims $501 - $2,500 document preview
  • LVNV FUNDING LLCvs.MARIE DUPRATTE SC - Small Claims $501 - $2,500 document preview
  • LVNV FUNDING LLCvs.MARIE DUPRATTE SC - Small Claims $501 - $2,500 document preview
  • LVNV FUNDING LLCvs.MARIE DUPRATTE SC - Small Claims $501 - $2,500 document preview
  • LVNV FUNDING LLCvs.MARIE DUPRATTE SC - Small Claims $501 - $2,500 document preview
  • LVNV FUNDING LLCvs.MARIE DUPRATTE SC - Small Claims $501 - $2,500 document preview
						
                                

Preview

Filing # 200547035 E-Filed 06/14/2024 09:02:18 AM MLG - 4899713 IN THE COUNTY COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA SMALL CLAIMS DIVISION CASE NO. LVNV FUNDING LLC Plaintiff, VS. MARIE DUPRATTE Defendant. / STATEMENT OF CLAIM COMES NOW the Plaintiff, LVNV FUNDING LLC, by and through its undersigned attorney, sues Defendant MARIE DUPRATTE, and alleges: GENERAL ALLEGATIONS 1. This is an action for damages in an amount less than or equal to $8,000.00, exclusive of interest, costs and attorney fees, and comes within the jurisdiction of this Court. 2. Plaintiff is a foreign corporation authorized to bring this action pursuant to Fla. Stat. § 607.1501 (2)(a). 3. Defendant is a resident of ORANGE County, Florida. 4. All conditions precedent to the bringing of this action has been performed, have occurred or have been waived. COUNT I (ACCOUNT STATED) 5. Plaintiff incorporates and realleges paragraphs 1-4. 6. Defendant made purchases and/or received cash advances utilizing credit extended by WEBBANK (the 'Creditor'), 7. In accordance with the transactions made by Defendant on the account (the 'Account') heretofore mentioned, Creditor and Defendant agreed to the resulting balance. 8. Creditor rendered statement(s) of the Account to Defendant, copies of which are attached hereto and incorporated herein as Exhibit 'A', and Defendant did not object to the statement(s). 9. Defendant failed and/or refused to pay for said purchases or cash advances as agreed, or otherwise. 10. Plaintiff has purchased the debt incurred by Defendant and is the legal owner and holder of the debt. 11. Defendant owes Plaintiff $870.79. WHEREFORE, Plaintiff demands judgment against Defendant for the sum of $870.79 plus costs, and such other and further relief as the Court may deem just and proper. COUNT II (UNJUST ENRICHMENT) 12. Plaintiff incorporates and realleges paragraphs 1-4 and paragraph 10. 13. The Creditor has conferred a benefit on Defendant by providing credit for cash advances, products and/or goods and services. 14. Defendant has knowledge of the benefit and the use thereof by Defendant constitutes an unjust enrichment of Defendant at Plaintiff s expense. 15. Defendant has accepted or retained the benefit conferred and the circumstances are such that it would be inequitable for the Defendant to retain the benefit without paying fair value for it. Defendant has failed to pay for said benefit and Defendant has therefore been unjustly enriched. 16. As a result of the unjust enrichment of Defendant, Plaintiff has been damaged in an amount in equal to $870.79. WHEREFORE, Plaintiff demands judgment against Defendant for the sum of $870.79 plus costs, and such other and further relief as the Court may deem just and proper. Mandarich Law Group, LLP lsl Eileen O'Malley. Esa. Harold E. Scherr, Esq. FBN 240486 P.O. Box 952289 Hunter Masin, Esq. FBN 1028137 Lake Mary, FL 32795 Maxxwell Tyler Hamilton, Esq. FBN 95985 Phone: 407-995-3004 Carolyn Karettis, Esq. FBN 0660876 Facsimile: 407-583-4964 Thomas J. Cupo, Esq. FBN 127308 florida@mandarichlaw.com Eileen O'Malley, Esq. FBN 13816 Attorneys for Plaintiff Rafael R. Caraballo FBN 124632 DESIGNATION OF EMAIL ADDRESS Pursuant to Fla. R. Jud. Admin. 2.516 Plaintiff s Counsel hereby designates florida@mandarichlaw.com as its primary email address for the receipt of pleadings. Your account is past due, Marie. To keep your account in good standing, please make your payment of .$380.93 today. FINGERHUT 1110 Advantage Previous Balance 849.56 Information Payments & Credits 0.00 Payment Purchases & Debits 0.00 New Balance 870.79 Fees Charged 0.00 Minimum Payment Due 380.93 Interest Charged 21.23 Mail Payment By 09/08/22 New Balance 870.79 Payment Due Date 09/15/22 Credit Limit 0 Late Payment Warning: If we do not receive your minimum Available Credit 0 payment by the Payment Due Date listed above, you may have to Statement Closing Date 08/19/22 pay a late fee of up to $41.00. Days in Cycle 31 Minimum Payment Warning: If you make only the minimum Past Due Amount 320.94 payment each period, you will pay more in interest and it will take Minimum Payment Due 380.93 you longer to pay off your balance. For example: If you make no additional You will pay off the balance And you will end up paying an Interest Charge Calculation charges using this card and shown on this statement in estimated total of: each month you Pay:, about:. Type of Annual Percentage Balance Subject Interest Only the minimum 3 years $1,058 Balance Rate (APR) to Interest Rate Charge payment If you would like information about credit counseling services call1-888-364-2268. Non Deferred 29.99% 849.56 21.23 To avoid additional interest charges, pay the New Balance by the Payment Due Date. (v) APR will vary with the market, based on the Prime Rate. Fees Date Transaction ID Description Amount TOTAL FEES FOR THIS PERIOD 0.00 Interest Charged 08/19/22 INTEREST CHARGE 21.23 TOTAL INTEREST THIS PERIOD 21.23 TOTAL FEES YTD 2022 152.73 TOTAL INTEREST YTD 2022 146.75 You Are ENROLLED in SAFELINE, an optional be canceled at any time. program, which can For any SafeLine questions, please visit safeline.fingerhut.com call 1-855-582-2128. or NOTICE: See Reverse Side for Important Information Inquiries Regarding Your Fingerhut Advantage Credit Account issued by WebBank, Member FDIC: 1-800-208-2500 •. FINGERHUT 1110 Or tear off and return with your payment by mail. Make your check payable to Fingerliut. PAYMENT DUE DATE MINIMUM DUE New Balance Amount Enclosed )0(XX-X)XX-X)0(X-5230 Customer Number 09/15/22 l $380.93 $870.79 8624 Make your check payable to Fingerhut and mail to: 8624 MARIE DUPRATTE PO BOX 70281 7081 WILLOWWOOD ST ORLANDO FL 32818-5855 PHILADELPHIA, PA 19176-0281 EXHIBIT A IMPORTANT NOTICE 2. You must have used your card tor the purchase Your payment will be credited to you account on the same day we receive it if the bottom portion 3. YEM incat have not yet fully paid far the purchase. of this statement and your check are recenred by us an a processing day by 5:00 pm Eastern Time it all of the criteria above are met and you are still clissatistied with the purchase. contact us in the enctosed envelope at our processing center. Payments received after 5:00DM Eastern Time in writing at: Fingerhut Credit Account Services, P.0.. Box 1250, Saint Cloud MN 56395-1250. will be credited on the next processing day. Please allow at least seven (7) days for postal delivery. While we investigate, the same rules apply to the disputed amount as discussed above. After Payments received at any other location in another form or with other documents may not be we latish our investigation, we will tell you our decision. At that point, if we think you owe an credited the same day we receive the pawned. Our processing days are Monday through Sunday, amount and you do not pay we may report you as delinquent. exduding holidays for payments received by mail. Payrnents received on holidays will be credited as of the previous processing day. W hem you send us a check as a payment, you authorize us to use CREDIT BUREAU DISPUTES information from your check to make a one-time electronic fund transfer f rom your deposit account. If you believe inaccurately reported credit history riformation about you or your Account to a we or to process the payment as a check transaction. When we use information From your check to ere* repoMng agenor. write to us at: Credit Bureau RePorting Services. 6250 Ridgewood Road, make an electronic fund transfer. funds may be withdrawn from your as soon as Saint Cloud MN 56303. Please pnNide the Hrigerhut Advantage Credit along the same day we receive payment. and you will not receive your check back from your financial with a ropy of you credit bureau report reflecting the hformation that you believe is inaccurate. institution. if your check is returned to us due to non-suflicient funds we may also re-deposit it HOW WE CALCULATE INTEREST CHARGES through a one-time electronic fund transfer. You may also make a payment at anytime on you Fingerhist Advantage Account at fingediut.com/Mykcount or via an automated ohone payment To calculate the interest charge payable each month, we muttiply the average daily balance at 1-800-208-2500. Onlite and automated phone payments will be posted as of the same day if times the monthly periodic rate. Your monthly periodic rate may vary each billing cycle The made before 11:00 pm Central Time. It your statement slams a credit balance. you may request monthly periodic rate is determined by dividing the APR by 12. Your Account is subject to a a refund of the credit by contacting Fingerhut Credit Services. at the address shown bekver. You minimum iiterest charge of 51.00. Average Daily Balance: We figure the Interest charge on your Account by applying The monthty periodic rate to the "average daily balance of your Account, may pay Me entire balance on your account al anytime without incurriig any additional charges for prepayment. includng current transactions. To gel the-average daily balance we take Me begnning balance of your Account, each day, add any new purchases, charges and other fees, and subtract any PAYMENTS payments or credits_ This gives us the daily balance. lhen. we add up al/the daily balariccs for Make checks payable to Fingerhut and mail to: that billng cycle and divide the total by the number of days irt the billing cycle. This gives trs Fingerhut Credit Account Services. P.O. Box 70281, Philadelphia, PA 19176-0281 the "average daily balance. Please writeyour Fingerhut Advantage Account number on your check. 00 not send correspondence Interest charges begirt to accrue on each purchase on the date of the purchase. However. if to this address. Mail your payment F the enclosed envelope with the payment coupon at the YOU paid the new balance on your previous Statement by the payment duc date shown on bottom of your statement. the statement. then: (1) if you Pay the new balance on your current billing statement by the WHAT TO DO IF YOU THINK YOU FIND A MISTAKE ON YOUR payment due date shown. we impose no interest charges an purdiases cluing the current STATEMENT billing cycle, and (2) it you malce a payment by the payment due date shown on your current billing statement that is less than the new balance, we will credit that oaymect as of the first if you think there is an error on your statement. write us at: day in your fluent billing cycle. In addition. if your Statement reflected a new balance and you Fingerhut Credit Account Services. P.O. flox 1250. Saint Cloud MN 56395-1250. did not pay that new balance ir full by the payment *e date on that previous statement, then we will not impose interest charges oft arty purchases dung the current billing cycle if you In your letter, give us the following information: Day the balance shown on your current Statement by the payment due date reflected on that • Account Information: Your nanie ancl your 10-digit Fingeatitit Customer Number. current statement_ Dollar Amount: The dollar amount of the susPected error. DEFERRAL PERIODS • • Descriptian of Problem: If you think there is an error on your bill. describe what you believe is WebBank may offer Accounts promotional credit offers, including deterred payment offers. wrong and why you believe it is a mrstalce. Special rules apply to promotional credit offers, which are described at the time of the offer. You must contact us within 60 days after the error appeared on your statement. You must notify us • The date. amount and description of each purchase are identified on your periodic statement of any potential errors it writing. You may call us, but if you do we are not rewired to investigate for the period when you make the purchase. any Potential errors and you may have to pay the amount in question. - Each periodic statement contains a summary of all active clefeeed offers. including unpaid While we nvestigate whether or not there has been an error, the following are true: balances, ally Interest charges and Me date on which the defeffal periods excite_ - We cannot try to collect the amount in ouestion. or report you as delrotient. - We figure interest charges each month mutliplying the average daily balance ol each - The charge in ouestion may remair) on your statement, and we may continue to charge you deferred balance by the monthly periodic rate, interest on that amount. But. if we determine that we matte a mistake, you will not have to oay • We do consider all deferred nurchases for purposes ot determining your available credit. the amount in question or aoy Intmest or other fees related to Mat amoutt. NOTICE OF ASSIGNMENT: The right to receive payment on your Angerhut • While you do not have to pay the amount it question. you are responsible for the remainder of Advantage Credit Account has been assigned by WebBank to Fingerhut you balance. QUESTIONS ABOUT YOUR STATEMENT • We tan apply any unpaid amount against your credit knit. [-mall us at customerservicegfingerhut.com YOUR RIGHTS IF YOU ARE DISSATISFIED WITH YOUR CREDIT or call 1-800-208-2500 (English) 1-800-556-3208 (En Espanol) PURCHASES lf you use your card to make a purchase and you are dissatished with the goods or services that yciu receive, you may have die right not to pay the rernaiiing amount due on the purchase. To use this right. all of the following must be true: 1. The purchase must have been made in your home State or within 100 mks of your orient mailing address, and the purchase price must have been rnore than $50. (Note: Neither of these are necessary 11 you purchase was based on an advertisement we mailed to you. or if we own the company that sold you the goods or services) 54814 2/22 64813 2/22 IMPORTANT! Has your address, phone number, or e-mail address changed? If so, please fill in any NEW information in the spaces below and we will update your account. Last 4 Digits of Your 16-Digit Credit 7-17—I Phone 1 Name 11111111111 1-17-1-1—T— 1-1 Address II ll 1111111 ll l l l 111111111111111 City I 1 1 1 1 1 1 1 1 l I state [ ZiP E-Mail Address Please provide your e-mail address for business transactions. (We will not send promotional material without your permission.) Check here if you'd like to receive e-mails about Fingerhut special deals and events. Check here if you also have a WebBank/Fingerhut Fetti Credit Account and you'd like to update your contact information on that account too. Co n sent f r Use of Telephone Numbers: You authorize WebBank/Fingerhut, their affiliates, agents. and others calling at their request or on their behalf to contact you at any number (i) you have provided to us (iI) from which you have called us, or (iii} which we obtain and believe we can reach you at. We may contact you in any way, such as calling, texting, using an automated dialer or using pre-recorded messages. We may contact you on a mobile, wireless, or similar device. even if you are charged for it by your provider.