Preview
66-CV-24-1422
Filed in District Court
State of Minnesota
6/24/2024 4:41 AM
CONSUMER CREDIT CONTRACT
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF RICE THRD JUDICIAL DISTRICT
LVNV Funding LLC
Plaintiff,
VS.
SUMMONS
James M Severson
Court File No.
Defendant(s)
THIS SUMMONS IS DIRECTED TO THE ABOVE-NAMED DEFENDANT(S):
1. You are being sued. The Plaintiff has started a lawsuit against you. The Complaint is
attached to this Summons. Do not throw these papers away. They are official papers that start a lawsuit and
affect your legal rights, even if nothing has been filed with the court and even if there is no court file
number on this Summons.
2. You must BOTH reply. in writing, AND get a copy of your reply to the
person/business who is suing you within 21 days to protect your rights. Your reply is called an
Answer. Getting your reply to the Plaintiff is called service. You must serve a copy of your Answer or
Answer and Counterclaim (Answer) within 21 days from the date you received the Summons and
Complaint.
ANSWER: You can find the Answer form and instructions on the MN Judicial Branch website at
www.mncourts.2ov/for1ns under the "Civil" category. The instructions will explain in detail how to fill out
the Answer form.
3r You must respond to each claim. The Answer is your written response to the Plaintiffs
Complaint. In your Answer you must state whether you agree or disagree with each paragraph of the
Complaint. If you think the Plaintiff should not be given everything asked for in the Complaint, you must
say that in your Answer.
4. SERVICE: You may lose your case if you do not send a written response to the
Plaintiff. If you do not serve a written Answer within 21 days, you may lose this case by default. You will
not get to tell your side of the story. If you choose not to respond, the Plaintiff may be awarded everything
they asked for in the Complaint. If you agree with the claims stated in the Complaint, you don't need to
respond. A Default Judgment can then be entered against you for what the Plaintiff asked for in the
Complaint.
To protect your rights, you must serve a copy of your Answer on the person who signed this
Summons in person or by mail at this address: Messerli & Kramer P.A., 3033 Campus Drive, Suite 250,
Plymouth, MN 55441.
5. Carefully read the Instructions (CIV301) for the Answer for your next steps.
MN_0101 File No: 24 108970
Page 1 of 17
66-CV-24-1422
Filed in District Court
State of Minnesota
6/24/2024 4:41 AM
6. Legal Assistance. You may wish to get legal help from an attorney. If you do not have an
attorney, and would like legal help:
o Visit www.mncourts.gov/selfl1elp and click on the "Legal Advice Clinics" tab to get more
information about legal clinics in each Minnesota County.
o Court Administration may have information about places where you can get legal
assistance.
NOTE: Even if you cannot get legal help, you must still serve a written Answer to protect your rights
or you may lose the case.
7. Alternative Dispute Resolution. The patties may agree to or be ordered to participate in
an ADR process under Rule 114 of the Minnesota Rules of Practice. You must still serve your writteri
Answer, even if you expect to use ADR.
MESSERLI & KRAMER PA
/S/0rwtg P. Hex/WW #0402144- MN
DATE:
eSigned on 3/ 14/2024 in Hennepin County, MN
3033 Campus Drive, Ste. 250
Plymouth, MN 55441
cclitigation@messerlikramercom
Ph#: (763) 548-7900
Fax#: (763) 548-7922
This communication is from a debt collector and is an attempt to collect a debt. Any information
obtained will be used for that purpose.
MN_OlOl File No: 24 108970
Page 2 of 17
66-CV-24-1422
Filed in District Court
State of Minnesota
6/24/2024 4:41 AM
CONSUMER CREDIT CONTRACT
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF RICE THRD JUDICIAL DISTRICT
LVNV Funding LLC
Plaintiff,
VS.
COMPLAINT
James M Severson
Court File No.
Defendant(s)
Plaintiff, for its Complaint, states and alleges as follows:
I .
Defendant(s) owe(s) Plaintiff $6,758.04 for goods and services sold and delivered to
Defendant(s) and/or by receiving a cash advance or balance transfer. Said purchases were made on
DefendantCs') charge account bearing account number XXXXXXXXXXXX3158 which was/were
issued to Defendant(s) by Citibank, N.A..
H.
LVNV Funding LLC owns this account and is a successor in interest to Citibank, N.A. for this
account.
IH.
Defendant(s) is/are in default for failing to make the required payments on the charge account
IV.
Pursuant to the terms and conditions of the Credit Agreement with Citibank, N.Ai, Defendant(s)
agreed to pay all reasonable costs of collecting including reasonable attomeys' fees. A true and correct
copy of Credit Agreement is attached hereto.
MN_0101 File No: 24 108970
Page 3 of 17
66-CV-24-1422
Filed in District Court
State of Minnesota
6/24/2024 4:41 AM
WHEREFORE, Plaintiff demands judgment against Defendant(s) for the amount of $6,758.04
plus reasonable attorneys' fees of $1,148.87, for a total amount of $7,906.91 plus Plaintiff's costs and
disbursements herein.
MESSERLI & KRAMER PA
/S/0ra4'.g P. Hmwm #0402144 MN
DATE:
eSigned on 3/14/2024 in Hennepin County, MN
3033 Campus Drive, Ste. 250
Plymouth, MN 55441
cc-litigation@messerlikramer.com
Ph#: (763) 548-7900
Fax#: (763) 548-7922
ACKNOWLEDGMENT
By presenting this form to the court, I certify that to the best of my knowledge, information, and belief,
the following statements are true. I understand that if a statement is not true, the court can order a
penalty against me (such as to pay money to the other party, pay court costs, and/or other penalties) and
that costs, disbursements, and reasonable attorney and witness fees may be awarded pursuant to
Minnesota Statutes section 549.211.
1. The information I included in this form is based on facts and supported by existing law.
2. I am not presenting this form for any improper purpose. I am not using this forIn to:
a. Harass anyone;
b. Cause unnecessary delay in the case; or
c. Needlessly increase the cost of litigation.
3. No judicial officer has said I am a frivolous litigant.
4. There is no court order saying I cannot serve or file this form.
5. This form does not contain any "restricted identifiers" or confidential information as defined in
Rule ll of the General Rules of Practice (https://www.revisor.mn.gov/court rules/gp/id/l ll) or the
Rules of Public Access to Records of the Judicial Branch
(https://www.revisor.mn.gov/court rules/rule/ra-tohl).
6. If I need to file "restricted identifiers," confidential information, or a confidential document, I will
use Form 11.1 and/or Form 11.2, as required by Rule ll.
MESSERLI & KRAMER PA
/S/0ra4'.g P. Hat/WW #04021q4 MN
DATE:
eSigned on 3/14/2024 in Hennepin County, MN
3033 Campus Drive, Ste. 250
Plymouth, MN 55441
cc-litigation@messerlikramer.com
Ph#: (763) 548-7900
Fax#: (763) 548-7922
MN_0101 File No: 24 108970
Page 4 of 17
66-CV-24-1422
Filed in District Court
State of Minnesota
6/24/2024 4:41 AM
Card Number-3158
January 16. 2021
JAMES M SEVERSON
8083 FRANCIS ST
FARIBAULT MN 55021 -6281
MNJMO) File No: 24- 108970
Page 5 of 17
66-CV-24-1422
Filed in District Court
State of Minnesota
6/24/2024 4:41 AM
JAMES M SEVEHSON
Account ending 3153
Page 2 of 2
Fact Sheet
Facts about Interest and Fees
Interest Rates and interest Charges
Annual Percentage Rate 0%,
(APR) for Purchases
APR for Cash Advances 0%
APR for Citi Flex Plan 14.99%
This APR will vary with the market based on the Prime Rate.
Your due date is at least 23 days after the close of each billing cycler We will not charge
Paying Interest
you interest on purchases ii you pay your monthly Citl Flex Plan Payment Amount plus
your entire balance, excluding any Citi Flex Plan balances, by the due date each month'
it you do not pay your monthly Citi Flex Plan Payment plus your entire balance, excluding
any Citi Flex Plan balances, by the due date each month. you will pay interest on your
purchases Irom the date they're posted to your account. We will begin charging interest
on cash advances and balance transfers on the transaction date. We will begin charging
.9515
interest on a Clti Flex Plan balance at the start of the billing cycle following the billing cycle
during which you created the Citi Flex Plan.
Minimum Interest if you are charged interest. the charge will be no less than 50 cents.
Charge
How We Calculate Your Daily Balance (including current transactions)
Balance
Fees
Annual Fee None
Transaction Fees
-
Foreign Purchase None
Transaction
Penalty Fees
- Late Payment None
- Returned Payment None
Details Aboul Your Interest Rates Periodic Rate as of 01/16/2021 For variable tales:
U.S. Prime Rate Plus
Purchases 0.001300% (D) NJA
Cash Advances 0.00000% (D) /A
Chi Flex Plan 0.041079'9 (D) 1 1
(D) = Daily periodic rate. A daily periods rate Is the APR divided by 365.
Variable APFls will not exceed 293975.
MN_0101 File No: 24 108970
Page 6 of 17
66-CV-24-1422
Filed in District Court
State of Minnesota
6/24/2024 4:41 AM
Card Agreement Guide
This Guide will help you easily Identify sections of the Card Agreement and give you a brief overview of the contents of each section. This is not intended to
be a complete summary ot the Card , - md we you to read your entire card Agreement, including the arbitration provision,
before you use your Account.
DEFINITIONS ACCOUNT INFORMATION. INFORMATION SHARING AND
Lists the meanings of particular pnrases and terms used in the u COMMUNICATIONS
Card Agreement 7'
Explains that your personal iniormatbn we use to manage ywr
Account should always be up to date. Also notes that we share
informatiori about you and your Account In addtion. this section
.- YOUR ACCOUNT describes how we may contact you,
Describes some at your responsibilities for using your Account.
TRANSACTIONS
Provides important inlonnation about meroliant credits, recurring
ANNUAL PERCENTAGE RATES & INTEREST CHARGES
Transactions and card refusals.
Shows how we calculate interest rates and how that attests your
Accouirt balance.
,
~
5_ ARBITRATION
Explains thaa you unnot go to court, nave 5 Jury lnsl onrltlate or
- *
FEES 8 FOREIGN CURRENCY CONVERSION
. . , participate in a class action if you have a dispute with us. Instead,
Desmbes the that can be 39pm to
lees. '"C'"d!="9 this provision tells you that the dispute must be resolved by 5
annual membership late fees, as wdl as foreign transaction
fees, professional arbitrator, "0' a judge or jury. This section also
feesf" Pumas" rm '" U's' dwa's'
explans how arbitration worlcs and some oithe differences
m
,
between resolving a dispute in arbitration and resolving one in
0°".
I
*3 PAYMENTS
... ~ ~
Shows how your monthly Minimum Payment Due is calculated. tells
you how we acply your paymenls to balances. and gives you _
AGREEMENT & BENEFIT c H AN 6E3
certain instructiorts for makirig payments (and tells you the possible
Ewiains thatwe can make changes to the Card Agreemertt and
consequences of not following those Instructions).
your card benefits and isatures.
AUTHORIZED USERS
'»
MISC ELLANEOUS
Describes an Authorized Users rights and your responsibilty for
'- i'
that user. Also describes what information we can share aboutyort
Explains subjects that aren't included in previous sections.
and your Authorized User.
; YOUR BILLING RIGiilTS
DEFAULT, CLOSING 0R SUSPENDING YOUR ACCOUNT "
7
Explains your billing rights. which Include how to address possible
"
Tells you when we may require immediate payment of your total statement mistakes and your rights if you're not satisfied with a
Account balance, and explains when we may close or suspend your Purchase.
Accoum. and when you may close your Account.
CREDIT REPORTING
Describes wiiai information we provide about you to acdil
reporting agencies. arid how to dispute items on your report. This
sectior'i also explairis how we use information we 93 about yw
from those agencies
MN_0 IOI File No: 24 108970
Page 7 of 17
66-CV-24-1422
Filed in District Court
State of Minnesota
6/24/2024 4:41 AM
Card Agree nt
This Card Agreement (Agreement) is your contract with us.
The Facts about Interest and Fees document (Fact Shoot) is part of this Agrochtenl. The Fact Sheet shows important irrlonnation about your Account. such as your
annual percentage rates and oerrarn fees. Any amendments to this Agreement also are part of this Agreement.
' "
Please read at parts at this , ,'
'
a the
'
,_ , and keep It for your records.
Note: T the . are helpful tips. and additional explanations that will make the Agreement easier to
understand.
DEFINITIONS
Account Your Citi ThankYou® Preferred Account.
-
Cili Flex Pay - Eligible Transactions that you select to be paid undera Citi Flex
Adjusted New Balance Your New Balance less any Cili Flex Plan balance.
-
Plan.
Annual Percentage Rate (APR) . A rate, shown as a percentage. used to calculate Clll Flex Plan A feature on ycurAccount
-
to pay Cltl Flex Loans or Citl Flex Pay
.ESTE
interest on the balance on your Account. amounts in fixed payments over a defined numberol Biting Periods subject to a Citi
Flex Plan APR.
Authorized User » Any person you allow to use your Accomt until a Card we
provided with that person's name. "'
_, Agency All , suclt as Experim, Eguilax and
-
r -
TransUnion, that compiles credt information fortlw purpose of generating
Balance Transfer Use of a Balance Transfer ofler, including use at a check that
-
consumer credit reports. It's also known as a "credit bureau" and a "credit reporting
accesses yourAccount for any transaction. orthe transler of a balance from
anency,'
anode! credit account to your Aooaint,
Include and Including These terms mean 'lnclude [or Including] without
-
Billing Period - The period ottime between each able when we create a statement linnitation
"
for your Acwurit, A Billng Period is usually 28-33 days. For each Billing Period,
your statement will show any Transactions. ctheroharges, payments and other Late Payment A payment is late if you don't pay at leastan amount equal to the
-
credits posted during that Billing Period. Minimum Payment Due minus any Ovedimit Amount by the payment due dang.
Business Day - Mmday through Friday, excluding federal holidays. New Balance - The total amount you one us at the end of eaotr Billing Period, This
amount Is shovm on each statement under the hearing 'New Balance". We explah
Card - One or more cards brother devices (including an accourit number) used to how we calculate the New Salome below.
access your Accoumto obtain credit
Oucrlintit Amount - The amount by which your Aocotrnt balance exceeds your
- l'
' '
Card m such as Visa and American Bpmss, credit limit in any Billing Period.
that facilitate the payment process between a cardmembEr. merchants and a card
issuer.
Purchase Use of your Card to buy goods and services. Balance Transfers and
-
Cash Advances are not Purchases.
Cash Advance - Use of your Card to get cash. including foreign cunency, ortor
mat we consider a cashllke transaction. Examples Include using your Card for: Returned Payment A payment that isn't honored by your financlal institution.
-
ATln and teller withdrawals, wire transfers, money orders, travelers checks, lottery
tickets, gaming chips and other methods used for gambling, wagers and other Transaction ~ A Balance Transfer, Cash Advance, Purchase or Cili Flax Plan, as
betting transactions. A Oil Flex Lem is nuts Cash Advance. applicable.
Cltl Flex Loan Funds provided to you by check or by direct deposit that you select we. us, and our Citibank, NA.
~
to be charged to youercoml and repaid under a Cili Flex Plan, Balance Transfers
you and your The cardmember who opened the Acoomt.
and Cash Advances are not all Flex Loms.
You'll find definitions of other terms within this Agreement
MN_0IOI File No: 24 108970
Page 8 of 17
66-CV-24-1422
Filed in District Court
State of Minnesota
6/24/2024 4:41 AM
YOUR ACCOUNT
Your Account use is subject to his Agreement You must pay us for all anounts Citi Flex Plan. Yourabillty to create a Citi Flex Plan will depend on the amoirnt of
due on your Account, Including: your available credit, creditworthiness, and other lactors. We may limit the number
of active Citi Flex Plans you can have and we may change this number atany time.
1 Transactions you make, even it you dim't present your Card or sign forlhe There are two ways to ueate a Citi Flex Plan ~Citi Flex Pay and Citi Flex Loan.
Transaaion:
Z . Transactioris an Authorized User makes: Vlfith Citi Flex Pay, you can pay lor eligib%e Transactions under a Citi Flex Plan. An
eligible Transaction for Citi Flex Pay must be a Purchase of at least a specified
3 . Transaciims that otherpeople make if you or an Authorized Userletther-'I use dollar amount and does not include a Purchase of cash or cash eqir ivalent. a
your Account: and Purchase sublect to Foreign Transaction Fees or any tee owed to us. Other
4 . Any tees and interest charges or the Account. exclusions may apply.
Binding Agreemem This Agreementtakos effect once you use your Card. Even it With Citi Flex Loan. you In use your Aocount's meditline to access funds and
you don't use your Card. this Agreement will talre eflect unless you contact us to pay suoti funds under a Citi Flex Plan. You can only create a Citi Flex Loan if you
cancel yourAccount within 30 days atterwe sent you this Agreement. receive an offer. The otter will tell you the terms, lncludng the APR, that will apply
to that Citi Flex Loan.
Credit Llml. We assign a credlt limit to you Account. Part at this credit Ilmh may
be available for Cash Advances. and there may be a limit on the amount at Cash You aren't r
"' '
to use yourAmount for unlawful
Advances you can take in a given period. We may authorize Transactions that Transactions. tfycu do use your Account for unhwlbl Transactions. this Agreement
cause your balance to exceed your credit limit still applies and you must pay US for those Transactions. You also may have to pay
the Card Network and/or us tor any carriages and expenses resulting from that use.
Accouur use
in addition, we may dose your Account.
r- P , You aren't, 'lo use your Accomt for business
.ESTE
purposes. it you do use your Account torbuslness purposes this Agreement stilt Mobile Phones or Other Devices. Smart phones. tablets and other electronic
applies, and you must pay us forthose Transactions. You may also have to pay us devioes can store your Card (such as through a mobile wallet). This means they
for any damages and/or expenses resulting from that use. in addition, we may can be used to matte Purchases or other Transactions. Any such Transactions are
close your Account. covered by this Ageement. Apps that use your Card to make Transactiorts may
have separate terms of use. We're not responsible lfycu violate those terms, ortor'
any consequences resultirig frorn any violation.
Note: It's important to protect your devices the same way you protect your Card Anyone who can access your Card using your device also can make charges to
your Account using that device.
ANNUAL PERCENTAGE RATES 8. INTEREST CHARGES
-
The following sections explain how we calculate the interest you owe each We add the amount otany eligible Transaction under Citi Fiex Pay or a Citi Flex
Billing Period. Loan to a Citi Flex Plan balance as of the post date on your statement. lfyoi/
moved an amount from another balance within your Account to a (mi Flex Plan,
APRs. We use APRs to calculate interest charges on your Account. Difiererit APRs we wrll credit the other balance in the amount you added to a Citi Flex Plan in
may apply to diilerent Trensactioris. See the listing at your APRs on the Fact order to avoid double counting that amount
Sheet.
We add a Cash Advance fee to the Cash Advance balance as of the post date
on your statement. We'll add any other fees to the balance of our choice it
you're charged interest in 3 Billing Period, but the amoum calwlated Is less
than $0.50. we'll add additional interesttn the balanceis) of our choice so that
you'll be charged $050 in interest for that Biling Period.
We stbtract credits and payments as of the post date shown at your statement.
Dally Balance
- Eacti balance may have a diflererit APR. Certain categories of Transactions In
We calculate interest on your Account each Billing Period first by calculating your
a bdance may have multiple APRs. For example, you may make a Purchase or
daily balances. The following exptains how we do that.
Balance Transfer, or create a Citi Flex Plan, that's subiect to a promotional
Here's how and when Transactions, fees and credits an applied to the APR. Your balances, and theircorreaponoing APRs, are shown on yotrr
balances on your Account: statement.
We add the arriourit of a Purchase or Balance Transfer to the Purchase balance
as cfthe post date on your statemml.
lybe
We add the amount of a Cash Advance to the Cash Aovmce balance as or the the Transaction. but it may be later.
post date on your statement.
We add a Ealame Transfer fee to the Purchase balance as of the post date on
Here's how we calculate each of the daly Pwohaso. Cash Advance and Chi
your statement.
Flex Plan balances on your Account:
MN_0l0l File No: 24 108970
Page 9 of 17
66-CV-24-1422
Filed in District Court
State of Minnesota
6/24/2024 4:41 AM
We start with the daily balance from the end at the previous day. There's no grace period ori Balance Transfers and Cash Aidimnces. Tlis means
We add any nevr Transactions, fees and other charges, including interest you'll pay interest on Seance Transfers and Cash Advances tram the date these
accrued on the prey'ms day's balance. This means that interest is compounded Transactions post to your Account.
daily.
We subtract any credits or payments credited as of that day.
We make additional adjustments as appropriate, subiect to applicable la'rr (as Important Information about Gill Flex Plans: We apply any amourrl you pay over
an example. fora disputed charge}. your Minimum Payment Due first to the balance with the highest APR, then to the
This gives us the daily balance for that day. balance with the next highest APR, and so on, as described in 85'0th 5,
Application ofPaymerrts. This means that. iflhe APR fora Clt.' Flex Plan balenceis
higher than an APR that applies to another balance on your Account, we will anphr
the amount you pay above the Minimum Payment Due to that Cili Flex Plan
Daily balance for purchases from the previous day balance prior to that other balance. This will cause you to payr all that Ciii Flex Plan
+New purchases balance before the end of is repayment period and may result in an amount
+Fees and interest accrued on the previous days Purchase balance
remaining due on your next billirig statement for the other balance, increasing your
Actuated New Balance on yournexr billing statement.
= New daily balance for Purchases
You can see your balances and their corresponding APRs on your statemerrt.
Interest Calculation. Each daily balance may have a different APR. Certain
categories of Transactions in a daily balance may have multiple APRs. For For example, in a sample Billing Perlorl, an Accourrt witlr no past due or
example, you may make a Purchase or Eahnce Transter that's subject to a Overiimil Amounts, has:
promotional APR. Ila daily balance on yourAccount is subject to an APR, we'll
charge interest on that daily balance. We use the daily balance mediod (which
Cltl Flex Plan: 85,000 with a repayment pylori of 24 montlrs at 18.99%
includes new Transactions). llinteresl applies to a
Preview
66-CV-24-1422 Filed in District Court State of Minnesota 6/24/2024 4:41 AM CONSUMER CREDIT CONTRACT STATE OF MINNESOTA DISTRICT COURT COUNTY OF RICE THRD JUDICIAL DISTRICT LVNV Funding LLC Plaintiff, VS. SUMMONS James M Severson Court File No. Defendant(s) THIS SUMMONS IS DIRECTED TO THE ABOVE-NAMED DEFENDANT(S): 1. You are being sued. The Plaintiff has started a lawsuit against you. The Complaint is attached to this Summons. Do not throw these papers away. They are official papers that start a lawsuit and affect your legal rights, even if nothing has been filed with the court and even if there is no court file number on this Summons. 2. You must BOTH reply. in writing, AND get a copy of your reply to the person/business who is suing you within 21 days to protect your rights. Your reply is called an Answer. Getting your reply to the Plaintiff is called service. You must serve a copy of your Answer or Answer and Counterclaim (Answer) within 21 days from the date you received the Summons and Complaint. ANSWER: You can find the Answer form and instructions on the MN Judicial Branch website at www.mncourts.2ov/for1ns under the "Civil" category. The instructions will explain in detail how to fill out the Answer form. 3r You must respond to each claim. The Answer is your written response to the Plaintiffs Complaint. In your Answer you must state whether you agree or disagree with each paragraph of the Complaint. If you think the Plaintiff should not be given everything asked for in the Complaint, you must say that in your Answer. 4. SERVICE: You may lose your case if you do not send a written response to the Plaintiff. If you do not serve a written Answer within 21 days, you may lose this case by default. You will not get to tell your side of the story. If you choose not to respond, the Plaintiff may be awarded everything they asked for in the Complaint. If you agree with the claims stated in the Complaint, you don't need to respond. A Default Judgment can then be entered against you for what the Plaintiff asked for in the Complaint. To protect your rights, you must serve a copy of your Answer on the person who signed this Summons in person or by mail at this address: Messerli & Kramer P.A., 3033 Campus Drive, Suite 250, Plymouth, MN 55441. 5. Carefully read the Instructions (CIV301) for the Answer for your next steps. MN_0101 File No: 24 108970 Page 1 of 17 66-CV-24-1422 Filed in District Court State of Minnesota 6/24/2024 4:41 AM 6. Legal Assistance. You may wish to get legal help from an attorney. If you do not have an attorney, and would like legal help: o Visit www.mncourts.gov/selfl1elp and click on the "Legal Advice Clinics" tab to get more information about legal clinics in each Minnesota County. o Court Administration may have information about places where you can get legal assistance. NOTE: Even if you cannot get legal help, you must still serve a written Answer to protect your rights or you may lose the case. 7. Alternative Dispute Resolution. The patties may agree to or be ordered to participate in an ADR process under Rule 114 of the Minnesota Rules of Practice. You must still serve your writteri Answer, even if you expect to use ADR. MESSERLI & KRAMER PA /S/0rwtg P. Hex/WW #0402144- MN DATE: eSigned on 3/ 14/2024 in Hennepin County, MN 3033 Campus Drive, Ste. 250 Plymouth, MN 55441 cclitigation@messerlikramercom Ph#: (763) 548-7900 Fax#: (763) 548-7922 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. MN_OlOl File No: 24 108970 Page 2 of 17 66-CV-24-1422 Filed in District Court State of Minnesota 6/24/2024 4:41 AM CONSUMER CREDIT CONTRACT STATE OF MINNESOTA DISTRICT COURT COUNTY OF RICE THRD JUDICIAL DISTRICT LVNV Funding LLC Plaintiff, VS. COMPLAINT James M Severson Court File No. Defendant(s) Plaintiff, for its Complaint, states and alleges as follows: I . Defendant(s) owe(s) Plaintiff $6,758.04 for goods and services sold and delivered to Defendant(s) and/or by receiving a cash advance or balance transfer. Said purchases were made on DefendantCs') charge account bearing account number XXXXXXXXXXXX3158 which was/were issued to Defendant(s) by Citibank, N.A.. H. LVNV Funding LLC owns this account and is a successor in interest to Citibank, N.A. for this account. IH. Defendant(s) is/are in default for failing to make the required payments on the charge account IV. Pursuant to the terms and conditions of the Credit Agreement with Citibank, N.Ai, Defendant(s) agreed to pay all reasonable costs of collecting including reasonable attomeys' fees. A true and correct copy of Credit Agreement is attached hereto. MN_0101 File No: 24 108970 Page 3 of 17 66-CV-24-1422 Filed in District Court State of Minnesota 6/24/2024 4:41 AM WHEREFORE, Plaintiff demands judgment against Defendant(s) for the amount of $6,758.04 plus reasonable attorneys' fees of $1,148.87, for a total amount of $7,906.91 plus Plaintiff's costs and disbursements herein. MESSERLI & KRAMER PA /S/0ra4'.g P. Hmwm #0402144 MN DATE: eSigned on 3/14/2024 in Hennepin County, MN 3033 Campus Drive, Ste. 250 Plymouth, MN 55441 cc-litigation@messerlikramer.com Ph#: (763) 548-7900 Fax#: (763) 548-7922 ACKNOWLEDGMENT By presenting this form to the court, I certify that to the best of my knowledge, information, and belief, the following statements are true. I understand that if a statement is not true, the court can order a penalty against me (such as to pay money to the other party, pay court costs, and/or other penalties) and that costs, disbursements, and reasonable attorney and witness fees may be awarded pursuant to Minnesota Statutes section 549.211. 1. The information I included in this form is based on facts and supported by existing law. 2. I am not presenting this form for any improper purpose. I am not using this forIn to: a. Harass anyone; b. Cause unnecessary delay in the case; or c. Needlessly increase the cost of litigation. 3. No judicial officer has said I am a frivolous litigant. 4. There is no court order saying I cannot serve or file this form. 5. This form does not contain any "restricted identifiers" or confidential information as defined in Rule ll of the General Rules of Practice (https://www.revisor.mn.gov/court rules/gp/id/l ll) or the Rules of Public Access to Records of the Judicial Branch (https://www.revisor.mn.gov/court rules/rule/ra-tohl). 6. If I need to file "restricted identifiers," confidential information, or a confidential document, I will use Form 11.1 and/or Form 11.2, as required by Rule ll. MESSERLI & KRAMER PA /S/0ra4'.g P. Hat/WW #04021q4 MN DATE: eSigned on 3/14/2024 in Hennepin County, MN 3033 Campus Drive, Ste. 250 Plymouth, MN 55441 cc-litigation@messerlikramer.com Ph#: (763) 548-7900 Fax#: (763) 548-7922 MN_0101 File No: 24 108970 Page 4 of 17 66-CV-24-1422 Filed in District Court State of Minnesota 6/24/2024 4:41 AM Card Number-3158 January 16. 2021 JAMES M SEVERSON 8083 FRANCIS ST FARIBAULT MN 55021 -6281 MNJMO) File No: 24- 108970 Page 5 of 17 66-CV-24-1422 Filed in District Court State of Minnesota 6/24/2024 4:41 AM JAMES M SEVEHSON Account ending 3153 Page 2 of 2 Fact Sheet Facts about Interest and Fees Interest Rates and interest Charges Annual Percentage Rate 0%, (APR) for Purchases APR for Cash Advances 0% APR for Citi Flex Plan 14.99% This APR will vary with the market based on the Prime Rate. Your due date is at least 23 days after the close of each billing cycler We will not charge Paying Interest you interest on purchases ii you pay your monthly Citl Flex Plan Payment Amount plus your entire balance, excluding any Citi Flex Plan balances, by the due date each month' it you do not pay your monthly Citi Flex Plan Payment plus your entire balance, excluding any Citi Flex Plan balances, by the due date each month. you will pay interest on your purchases Irom the date they're posted to your account. We will begin charging interest on cash advances and balance transfers on the transaction date. We will begin charging .9515 interest on a Clti Flex Plan balance at the start of the billing cycle following the billing cycle during which you created the Citi Flex Plan. Minimum Interest if you are charged interest. the charge will be no less than 50 cents. Charge How We Calculate Your Daily Balance (including current transactions) Balance Fees Annual Fee None Transaction Fees - Foreign Purchase None Transaction Penalty Fees - Late Payment None - Returned Payment None Details Aboul Your Interest Rates Periodic Rate as of 01/16/2021 For variable tales: U.S. Prime Rate Plus Purchases 0.001300% (D) NJA Cash Advances 0.00000% (D) /A Chi Flex Plan 0.041079'9 (D) 1 1 (D) = Daily periodic rate. A daily periods rate Is the APR divided by 365. Variable APFls will not exceed 293975. MN_0101 File No: 24 108970 Page 6 of 17 66-CV-24-1422 Filed in District Court State of Minnesota 6/24/2024 4:41 AM Card Agreement Guide This Guide will help you easily Identify sections of the Card Agreement and give you a brief overview of the contents of each section. This is not intended to be a complete summary ot the Card , - md we you to read your entire card Agreement, including the arbitration provision, before you use your Account. DEFINITIONS ACCOUNT INFORMATION. INFORMATION SHARING AND Lists the meanings of particular pnrases and terms used in the u COMMUNICATIONS Card Agreement 7' Explains that your personal iniormatbn we use to manage ywr Account should always be up to date. Also notes that we share informatiori about you and your Account In addtion. this section .- YOUR ACCOUNT describes how we may contact you, Describes some at your responsibilities for using your Account. TRANSACTIONS Provides important inlonnation about meroliant credits, recurring ANNUAL PERCENTAGE RATES & INTEREST CHARGES Transactions and card refusals. Shows how we calculate interest rates and how that attests your Accouirt balance. , ~ 5_ ARBITRATION Explains thaa you unnot go to court, nave 5 Jury lnsl onrltlate or - * FEES 8 FOREIGN CURRENCY CONVERSION . . , participate in a class action if you have a dispute with us. Instead, Desmbes the that can be 39pm to lees. '"C'"d!="9 this provision tells you that the dispute must be resolved by 5 annual membership late fees, as wdl as foreign transaction fees, professional arbitrator, "0' a judge or jury. This section also feesf" Pumas" rm '" U's' dwa's' explans how arbitration worlcs and some oithe differences m , between resolving a dispute in arbitration and resolving one in 0°". I *3 PAYMENTS ... ~ ~ Shows how your monthly Minimum Payment Due is calculated. tells you how we acply your paymenls to balances. and gives you _ AGREEMENT & BENEFIT c H AN 6E3 certain instructiorts for makirig payments (and tells you the possible Ewiains thatwe can make changes to the Card Agreemertt and consequences of not following those Instructions). your card benefits and isatures. AUTHORIZED USERS '» MISC ELLANEOUS Describes an Authorized Users rights and your responsibilty for '- i' that user. Also describes what information we can share aboutyort Explains subjects that aren't included in previous sections. and your Authorized User. ; YOUR BILLING RIGiilTS DEFAULT, CLOSING 0R SUSPENDING YOUR ACCOUNT " 7 Explains your billing rights. which Include how to address possible " Tells you when we may require immediate payment of your total statement mistakes and your rights if you're not satisfied with a Account balance, and explains when we may close or suspend your Purchase. Accoum. and when you may close your Account. CREDIT REPORTING Describes wiiai information we provide about you to acdil reporting agencies. arid how to dispute items on your report. This sectior'i also explairis how we use information we 93 about yw from those agencies MN_0 IOI File No: 24 108970 Page 7 of 17 66-CV-24-1422 Filed in District Court State of Minnesota 6/24/2024 4:41 AM Card Agree nt This Card Agreement (Agreement) is your contract with us. The Facts about Interest and Fees document (Fact Shoot) is part of this Agrochtenl. The Fact Sheet shows important irrlonnation about your Account. such as your annual percentage rates and oerrarn fees. Any amendments to this Agreement also are part of this Agreement. ' " Please read at parts at this , ,' ' a the ' ,_ , and keep It for your records. Note: T the . are helpful tips. and additional explanations that will make the Agreement easier to understand. DEFINITIONS Account Your Citi ThankYou® Preferred Account. - Cili Flex Pay - Eligible Transactions that you select to be paid undera Citi Flex Adjusted New Balance Your New Balance less any Cili Flex Plan balance. - Plan. Annual Percentage Rate (APR) . A rate, shown as a percentage. used to calculate Clll Flex Plan A feature on ycurAccount - to pay Cltl Flex Loans or Citl Flex Pay .ESTE interest on the balance on your Account. amounts in fixed payments over a defined numberol Biting Periods subject to a Citi Flex Plan APR. Authorized User » Any person you allow to use your Accomt until a Card we provided with that person's name. "' _, Agency All , suclt as Experim, Eguilax and - r - TransUnion, that compiles credt information fortlw purpose of generating Balance Transfer Use of a Balance Transfer ofler, including use at a check that - consumer credit reports. It's also known as a "credit bureau" and a "credit reporting accesses yourAccount for any transaction. orthe transler of a balance from anency,' anode! credit account to your Aooaint, Include and Including These terms mean 'lnclude [or Including] without - Billing Period - The period ottime between each able when we create a statement linnitation " for your Acwurit, A Billng Period is usually 28-33 days. For each Billing Period, your statement will show any Transactions. ctheroharges, payments and other Late Payment A payment is late if you don't pay at leastan amount equal to the - credits posted during that Billing Period. Minimum Payment Due minus any Ovedimit Amount by the payment due dang. Business Day - Mmday through Friday, excluding federal holidays. New Balance - The total amount you one us at the end of eaotr Billing Period, This amount Is shovm on each statement under the hearing 'New Balance". We explah Card - One or more cards brother devices (including an accourit number) used to how we calculate the New Salome below. access your Accoumto obtain credit Oucrlintit Amount - The amount by which your Aocotrnt balance exceeds your - l' ' ' Card m such as Visa and American Bpmss, credit limit in any Billing Period. that facilitate the payment process between a cardmembEr. merchants and a card issuer. Purchase Use of your Card to buy goods and services. Balance Transfers and - Cash Advances are not Purchases. Cash Advance - Use of your Card to get cash. including foreign cunency, ortor mat we consider a cashllke transaction. Examples Include using your Card for: Returned Payment A payment that isn't honored by your financlal institution. - ATln and teller withdrawals, wire transfers, money orders, travelers checks, lottery tickets, gaming chips and other methods used for gambling, wagers and other Transaction ~ A Balance Transfer, Cash Advance, Purchase or Cili Flax Plan, as betting transactions. A Oil Flex Lem is nuts Cash Advance. applicable. Cltl Flex Loan Funds provided to you by check or by direct deposit that you select we. us, and our Citibank, NA. ~ to be charged to youercoml and repaid under a Cili Flex Plan, Balance Transfers you and your The cardmember who opened the Acoomt. and Cash Advances are not all Flex Loms. You'll find definitions of other terms within this Agreement MN_0IOI File No: 24 108970 Page 8 of 17 66-CV-24-1422 Filed in District Court State of Minnesota 6/24/2024 4:41 AM YOUR ACCOUNT Your Account use is subject to his Agreement You must pay us for all anounts Citi Flex Plan. Yourabillty to create a Citi Flex Plan will depend on the amoirnt of due on your Account, Including: your available credit, creditworthiness, and other lactors. We may limit the number of active Citi Flex Plans you can have and we may change this number atany time. 1 Transactions you make, even it you dim't present your Card or sign forlhe There are two ways to ueate a Citi Flex Plan ~Citi Flex Pay and Citi Flex Loan. Transaaion: Z . Transactioris an Authorized User makes: Vlfith Citi Flex Pay, you can pay lor eligib%e Transactions under a Citi Flex Plan. An eligible Transaction for Citi Flex Pay must be a Purchase of at least a specified 3 . Transaciims that otherpeople make if you or an Authorized Userletther-'I use dollar amount and does not include a Purchase of cash or cash eqir ivalent. a your Account: and Purchase sublect to Foreign Transaction Fees or any tee owed to us. Other 4 . Any tees and interest charges or the Account. exclusions may apply. Binding Agreemem This Agreementtakos effect once you use your Card. Even it With Citi Flex Loan. you In use your Aocount's meditline to access funds and you don't use your Card. this Agreement will talre eflect unless you contact us to pay suoti funds under a Citi Flex Plan. You can only create a Citi Flex Loan if you cancel yourAccount within 30 days atterwe sent you this Agreement. receive an offer. The otter will tell you the terms, lncludng the APR, that will apply to that Citi Flex Loan. Credit Llml. We assign a credlt limit to you Account. Part at this credit Ilmh may be available for Cash Advances. and there may be a limit on the amount at Cash You aren't r "' ' to use yourAmount for unlawful Advances you can take in a given period. We may authorize Transactions that Transactions. tfycu do use your Account for unhwlbl Transactions. this Agreement cause your balance to exceed your credit limit still applies and you must pay US for those Transactions. You also may have to pay the Card Network and/or us tor any carriages and expenses resulting from that use. Accouur use in addition, we may dose your Account. r- P , You aren't, 'lo use your Accomt for business .ESTE purposes. it you do use your Account torbuslness purposes this Agreement stilt Mobile Phones or Other Devices. Smart phones. tablets and other electronic applies, and you must pay us forthose Transactions. You may also have to pay us devioes can store your Card (such as through a mobile wallet). This means they for any damages and/or expenses resulting from that use. in addition, we may can be used to matte Purchases or other Transactions. Any such Transactions are close your Account. covered by this Ageement. Apps that use your Card to make Transactiorts may have separate terms of use. We're not responsible lfycu violate those terms, ortor' any consequences resultirig frorn any violation. Note: It's important to protect your devices the same way you protect your Card Anyone who can access your Card using your device also can make charges to your Account using that device. ANNUAL PERCENTAGE RATES 8. INTEREST CHARGES - The following sections explain how we calculate the interest you owe each We add the amount otany eligible Transaction under Citi Fiex Pay or a Citi Flex Billing Period. Loan to a Citi Flex Plan balance as of the post date on your statement. lfyoi/ moved an amount from another balance within your Account to a (mi Flex Plan, APRs. We use APRs to calculate interest charges on your Account. Difiererit APRs we wrll credit the other balance in the amount you added to a Citi Flex Plan in may apply to diilerent Trensactioris. See the listing at your APRs on the Fact order to avoid double counting that amount Sheet. We add a Cash Advance fee to the Cash Advance balance as of the post date on your statement. We'll add any other fees to the balance of our choice it you're charged interest in 3 Billing Period, but the amoum calwlated Is less than $0.50. we'll add additional interesttn the balanceis) of our choice so that you'll be charged $050 in interest for that Biling Period. We stbtract credits and payments as of the post date shown at your statement. Dally Balance - Eacti balance may have a diflererit APR. Certain categories of Transactions In We calculate interest on your Account each Billing Period first by calculating your a bdance may have multiple APRs. For example, you may make a Purchase or daily balances. The following exptains how we do that. Balance Transfer, or create a Citi Flex Plan, that's subiect to a promotional Here's how and when Transactions, fees and credits an applied to the APR. Your balances, and theircorreaponoing APRs, are shown on yotrr balances on your Account: statement. We add the arriourit of a Purchase or Balance Transfer to the Purchase balance as cfthe post date on your statemml. lybe We add the amount of a Cash Advance to the Cash Aovmce balance as or the the Transaction. but it may be later. post date on your statement. We add a Ealame Transfer fee to the Purchase balance as of the post date on Here's how we calculate each of the daly Pwohaso. Cash Advance and Chi your statement. Flex Plan balances on your Account: MN_0l0l File No: 24 108970 Page 9 of 17 66-CV-24-1422 Filed in District Court State of Minnesota 6/24/2024 4:41 AM We start with the daily balance from the end at the previous day. There's no grace period ori Balance Transfers and Cash Aidimnces. Tlis means We add any nevr Transactions, fees and other charges, including interest you'll pay interest on Seance Transfers and Cash Advances tram the date these accrued on the prey'ms day's balance. This means that interest is compounded Transactions post to your Account. daily. We subtract any credits or payments credited as of that day. We make additional adjustments as appropriate, subiect to applicable la'rr (as Important Information about Gill Flex Plans: We apply any amourrl you pay over an example. fora disputed charge}. your Minimum Payment Due first to the balance with the highest APR, then to the This gives us the daily balance for that day. balance with the next highest APR, and so on, as described in 85'0th 5, Application ofPaymerrts. This means that. iflhe APR fora Clt.' Flex Plan balenceis higher than an APR that applies to another balance on your Account, we will anphr the amount you pay above the Minimum Payment Due to that Cili Flex Plan Daily balance for purchases from the previous day balance prior to that other balance. This will cause you to payr all that Ciii Flex Plan +New purchases balance before the end of is repayment period and may result in an amount +Fees and interest accrued on the previous days Purchase balance remaining due on your next billirig statement for the other balance, increasing your Actuated New Balance on yournexr billing statement. = New daily balance for Purchases You can see your balances and their corresponding APRs on your statemerrt. Interest Calculation. Each daily balance may have a different APR. Certain categories of Transactions in a daily balance may have multiple APRs. For For example, in a sample Billing Perlorl, an Accourrt witlr no past due or example, you may make a Purchase or Eahnce Transter that's subject to a Overiimil Amounts, has: promotional APR. Ila daily balance on yourAccount is subject to an APR, we'll charge interest on that daily balance. We use the daily balance mediod (which Cltl Flex Plan: 85,000 with a repayment pylori of 24 montlrs at 18.99% includes new Transactions). llinteresl applies to a