Preview
19HA-CV-24-2886
Filed in District Court
State of Minnesota
6/24/2024 4:54 AM
CONSUMER CREDIT CONTRACT
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF DAKOTA FIRST JUDICIAL DISTRICT
LVNV Funding LLC
Plaintiff,
VS.
SUMMONS
Jacquelyn Arradondo 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 108995
Page 1 of 16
19HA-CV-24-2886
Filed in District Court
State of Minnesota
6/24/2024 4:54 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. Hoe/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 108995
Page 2 of 16
19HA-CV-24-2886
Filed in District Court
State of Minnesota
6/24/2024 4:54 AM
CONSUMER CREDIT CONTRACT
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF DAKOTA FIRST JUDICIAL DISTRICT
LVNV Funding LLC
Plaintiff,
VS.
COMPLAINT
Jacquelyn Arradondo Court File No.
Defendant(s)
Plaintiff, for its Complaint, states and alleges as follows:
I .
Defendant(s) owe(s) Plaintiff $1,341.03 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 XXXXXXXXXXXX4163 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 accounts
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 108995
Page 3 of 16
19HA-CV-24-2886
Filed in District Court
State of Minnesota
6/24/2024 4:54 AM
WHEREFORE, Plaintiff demands judgment against Defendant(s) for the amount of $1,341.03
plus reasonable attomeys' fees of $321.84, for a total amount of $1,662.87 plus Plaintiffs 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. 1 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 (httpszl/wwwrevisormn.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 108995
Page 4 of 16
19HA-CV-24-2886
Filed in District Court
State of Minnesota
6/24/2024 4:54 AM
Card Number-4163
February 20, 2019
JACQUELYN ARRADONDO
1614 OAK RIDGE CIR
EAGAN MN 55122-1800
MNJHO) File No: 24 108995
Page 5 of 16
19HA-CV-24-2886
Filed in District Court
State of Minnesota
6/24/2024 4:54 AM
.JACQU ELYN ARHADONDO
Account ending 4163
Page 2 of 2
Fact Sheet
Pricing lntormalion Table
Interest Rates and interest Charges
Annual Percentage Rate 25-24%
(APR) for Purchases This APR will vary wim the market based on the Prime Rate.
APR for Cash Advances 27.49'7/o
This APR will vary with the market based on the Prime Rate.
Penalty APR and When Up to 29.99%, based on your creditworthiness. This APR will vary with the market based
on the Prime Rate.
It Applies
This APR may be applied to your acooum it you:
(1) Make a late payment or
(2) Make a payment that is returned.
How Long Will the Penalty APR Apply? if your APRs are Increased for either of
these reasons. the Penalty APR may apply indefinitely.
Your due date is at least 23 days after the close of each billing cycle. We will not charge
Paying Interest
you interest on purchases if you pay your entire balance by the due date each months We
will begin charging interest on cash advances and balance transfers on the transaction
ate.
Minimum Interest if you are charged interest, the charge will be no less than 50 cents.
Charge
How We Calculate Your Daily Balance (including eurrem transactions)
Balance
Fees
Annual Fee None
Transaction Fees
: ;
Balance Transfer Either $5 or 3 z o of the amount of each transfer, whichever is greater.
- Cash Advance Elther $10 or 5% of the amount of each cash advance, whrchever is greater
-
Foreign 3% at each purchase transaction in US dollars.
Purchase
Penalty Fees
. Late Payment Up to $35.
- Returned Payment Up to $35.
Details About Your Interest Rates Periodic Rate as of 02'20/201 9 For variable rates:
and Interest Calculations U.S. Prime Rate Plus
Pu rch ases 0.06915% (D) 19.74%
Cash Advances 0.117532% (D) 21.99%
Penalty APR 0.08216'7/a (D) Up to 26.74%
(D) = Daily periodic rate. A daily periods rate is the AFR divided by 365.
Variable AP Fls wili not exceed 29997..
MN_0101 File No: 24 108995
Page 6 of 16
19HA-CV-24-2886
Filed in District Court
State of Minnesota
6/24/2024 4:54 AM
Card Agreement Guide
This Guide will help you easily Identify sections at the Card Agreement and give you a brief overview of the contents of each section. This is not intended to
be a complete summary oi 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 your
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 inionnation about merotiant 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,
this provision tells you that the dispute must be resolved by a
annua mem ers ass, as w
cal"a gefappi'e'j
"96:15.lp 66.3 mi°uré°°wn:;"°|"d'!"9
as reign nsac '0"
professional arbitrator, not ajudge orjury. This section also
less for Purdiases not In U.S. dollars.
explans how arbitration worlcs and some oitrie differences
,
between resolving a dispute in arbitration and resolving one in
°°" II.
-7,
Lu PAYMENTS
~
Shows how your monthly Minimum Payment Due is calculated. tells
ham"
7
" W" how we "my ywrpaymen's '° and y°" -
AGREEMENT a BENEFIT CHANGES
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 you
from those agencies
MN_0IOI File No: 24 108995
Page 7 of 16
19HA-CV-24-2886
Filed in District Court
State of Minnesota
6/24/2024 4:54 AM
Card Agree nt
This Card Agreement (Agreement) is your contract with us.
The Facts about Interest and Fees document (Fact Shunt) is part of this Agraenrsnl. The Fact Shoot shows important information about your Account, such as your
annual percentage rates and ammo fees. Any amendments in this Agreamnt 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 Cili ThankYou® Preferred Account.
-
betting transactions.
Annual Percentage Rate (APR) A rate, ShUM'l as a percentage. used to calculate r
- r- -
such as Experim. Equifax and
.
r Agency An _
Interest on "'9 balance 5" V°"' Account. TransUnion that compiles credit information for the purpose of generatiiig
J: consumer credli reports. It's also known as a "credit bureau" and a "oi'edltreporllng
Authoriud User - Any person you allow to use your Acmmt With a Card we
H agency.'
a- provided wiih that person's name.
-
I"
,
Include and including - These isms mean 'include [or including] without
Balance Transfer - Use of a Balance Transfer offer, Including use of a check mat Itrrilaliurl.'
accesses your Account for any transaction. ortha transfer of a balance from
3'10"" credit "CW-"111° WU" Amm Late Payment A payment is late if you don't pay at least an amount equal to the
-
I u sari y Oyert'm'tAmo
Miri'm u rnPa y me n lDuem'n ' u ntby the tdue dare,
Billing Period The periodoitime between earn dale Mm we create a statement
-
for your Account. A BMW Period is usually 28'" daysr For 93'" Billing Period, New Balanoo Tile total amount you owe us at the end at each Billing Period. This
-
Will statement snow
Will
WEIGHTS": payments Md "'5'
any/Transactions, amomt is shoivn on each statement under the heading 'New Balance". We explaii
credits posted during that Billing Period. how we calculate the New Balance belmv.
Business Day . Monday through Friday, excluding tedaral holiday's. Overlimit Amount - The amount by which yourAccourrt balance exceeds your
.
credit limit in any Billing Period
Card - One or more cards or other devroes (Including an accourrt number] used In
""955 V0" Acmum '0 main "3" Purchase Use of your Card to buy goods and services. Balance Transfers and
-
Cash Advances are not Purchases.
Card Networlrs Organizations. such as Mastercard, Visa and American Express,
-
that facilitate the paymnt process between a oardmember, mermants arid a card Returned Payment A payment that isn'i: honored by your finandal institution.
-
Issuer.
Transaction A Balance Transfer, Cash Advance or Purchase. as applicable.
-
Cash Advanco - Use of your Card to get cash. including foreign currency, or for
3'" W" Citibank. NA-
,
what we consider a casntike transaction. Examples include using your Card for: we, "3r
ATM and letter withdrawals, wire transfers, money orders, traveler's checks, lottery
you and _
The cardmsmber who opened the Accoml.
tickets. gaming ol'llps md other methods used for gambling. wagers and other
You'll find definitions a! other items within this Agreement,
M
MN_0IOi File No: 24 108995
Page 8 of 16
19HA-CV-24-2886
Filed in District Court
State of Minnesota
6/24/2024 4:54 AM
YOUR ACCOUNT
Your Account use is subject to his Agreement You mist pay us for all anounts ACCOUNT USE
due on your Account, Including: I" I' You arent to use yourAccount for business
purposes. If you do use your Account for business prrposes, this Agreement still
1 Transactions you make, even it you didn't present your Card or sign forthe and must us for those Transactions. You may also have to pay us
applies. you pay
Transaaion: for any damages andlor expenses resulting from that use. In addition, we may
Z . Transactiorts an Authorized User makes: close your Account.
3 . Transaclims that otherpeople make if you or an Authorized Userlet titer-1 use You aren't ,
' to use youercount for unlawful
your Account: and Transactions lfyou do use your Account for unlawful Transactions. this Agreement
4 . Any tees and interest charges or the Account. stllt applies and yell must pay us tor those Transactions. You also may have to pay
the Card Network and/or us forany damages arid expenses resulting from that use.
Binding Agreemcm. This Agreementtskos effect once you use your Card. Even it
In addition, we may dose your Account.
you don't use your Card. this Agreement will talte eflect unless you contact us to
cancel youercount within 30 days atterwe sent you this Agreement. Mobile Phones or Other Devices. Smart phones, tablets and other electronic
devices can store your Card (such as through a mobile wallet). This means they
Credit Llml. We assign a credlt limit to your Account. Part or this credit Ilmtt may
can be used to make Purchases or other Transactions. Any sudt Transactions are
be available for Cash Advances. and there may be a limit on the amount of Cash
covered by this Agreement. Apps that use your Card to make Transactiorts may
Advances you can take in a given period. We may authorize Transactions that
have separate terms of use. were not responsible ifyou violate those terms, or for
cause your balance to exceed your credit limit
any consequences resullirig from any violation.
Note: It's important to plated 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 & INTEREST CHARGES
The followirlg sections explain how we calculate the interest you owe each If the US. Prime Rate changes, we'll apply the new variable APR starting from the
Btlllng Period. first day or the Billing Period when we take the us. Prime Rate item the WSJ. The
new APR will apply to existing balances, as well as balances added to your
APRs. We use APRs to calculate interest charges on your Account. Dilierenl APRs
Account after the change.
may apply to different Transactions. See the Itirg of your APPS on the Fact
Sheet. Penalty APR. It you have a Late or Returned Payment, we may apply a penalty
APR to your Awount. We determine your penalty APR based on your
Variable APRs. A variable APR is an APR that can change each Billing Period. We creditworthiness.
calculate each variable APR first by taking the U.S. Prime Rate trom The Wall
StreerJournal (WS.I) two Business Days battle the lat day of cacti Billing Period. -
Penalty APR for new Transactions (less that 60 days late). Ifyou make a
(little WSJdoesn't publisti the U.S. Prime Rate that day, then we'll use another Late Payment and it's less titan 60 days late or you have a Returned Payment.
publication.) Then we add to the US. Prime Rate a certain percentage amount, the penalty APR only will apply to new Transactims. We'll review yourAccount
which we call the Margin. You can find the Marg'n we use for your Account in the from time to time to deterrn'me if a penalty APR should be reduced.
Details About Your Interest Rate section of the Fact Sheet.
Penalty APR for existing balances and new Transacfioris (60 or more days
late). Itvre haven't received your Minimum Paymerit Due within 60 days after its
Howls a variable APR calculated? due date. we may apply the penalty APR to both the existing balances arid new
Transactions. It you make your next six consecutive Minimun Payments Due
It the US. Prime Rate published in the WSJ two Business Days on time, we'll stop applying the penalty APR to existing balances and new
before die end of 3 Billing Period is 5%; and Transactions. it you dcri't make your next six consecutive Minimum Payments
If the Margin is 13.99%; then Due on tine, the penalty APR may continue to apply indefiritely to exisliiig
Add the two together to calculate a variable APR; balances and new Transactions.
I_ 5% + 13.99"/o =1B.99%
Dally Balance
We calculate interest on your Account each Billing Period first by whitening your
daily balances. The following explains how we do that.
Your variable APRs will increase if the U3. Pr'rne Rate increases and decrease if Here's how and when Transactions, tees and credits are applied to the
the US. Prime Rate decreases. lfa vandals APR increases, then your interest balances on your Account:
charges and Minmm Payment Due may increase.
- We add the amount ofa Purchase or Balance Transfer to the Purchase balance
as oithe post date on your statemmt.
- We add the amount ota Cash Advance to the Cash Advance balance as of the
post date on your staternem.
MN_0I0l File No: 24 108995
Page 9 of 16
Page 10 of 16
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Preview
19HA-CV-24-2886 Filed in District Court State of Minnesota 6/24/2024 4:54 AM CONSUMER CREDIT CONTRACT STATE OF MINNESOTA DISTRICT COURT COUNTY OF DAKOTA FIRST JUDICIAL DISTRICT LVNV Funding LLC Plaintiff, VS. SUMMONS Jacquelyn Arradondo 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 108995 Page 1 of 16 19HA-CV-24-2886 Filed in District Court State of Minnesota 6/24/2024 4:54 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. Hoe/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 108995 Page 2 of 16 19HA-CV-24-2886 Filed in District Court State of Minnesota 6/24/2024 4:54 AM CONSUMER CREDIT CONTRACT STATE OF MINNESOTA DISTRICT COURT COUNTY OF DAKOTA FIRST JUDICIAL DISTRICT LVNV Funding LLC Plaintiff, VS. COMPLAINT Jacquelyn Arradondo Court File No. Defendant(s) Plaintiff, for its Complaint, states and alleges as follows: I . Defendant(s) owe(s) Plaintiff $1,341.03 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 XXXXXXXXXXXX4163 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 accounts 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 108995 Page 3 of 16 19HA-CV-24-2886 Filed in District Court State of Minnesota 6/24/2024 4:54 AM WHEREFORE, Plaintiff demands judgment against Defendant(s) for the amount of $1,341.03 plus reasonable attomeys' fees of $321.84, for a total amount of $1,662.87 plus Plaintiffs 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. 1 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 (httpszl/wwwrevisormn.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 108995 Page 4 of 16 19HA-CV-24-2886 Filed in District Court State of Minnesota 6/24/2024 4:54 AM Card Number-4163 February 20, 2019 JACQUELYN ARRADONDO 1614 OAK RIDGE CIR EAGAN MN 55122-1800 MNJHO) File No: 24 108995 Page 5 of 16 19HA-CV-24-2886 Filed in District Court State of Minnesota 6/24/2024 4:54 AM .JACQU ELYN ARHADONDO Account ending 4163 Page 2 of 2 Fact Sheet Pricing lntormalion Table Interest Rates and interest Charges Annual Percentage Rate 25-24% (APR) for Purchases This APR will vary wim the market based on the Prime Rate. APR for Cash Advances 27.49'7/o This APR will vary with the market based on the Prime Rate. Penalty APR and When Up to 29.99%, based on your creditworthiness. This APR will vary with the market based on the Prime Rate. It Applies This APR may be applied to your acooum it you: (1) Make a late payment or (2) Make a payment that is returned. How Long Will the Penalty APR Apply? if your APRs are Increased for either of these reasons. the Penalty APR may apply indefinitely. Your due date is at least 23 days after the close of each billing cycle. We will not charge Paying Interest you interest on purchases if you pay your entire balance by the due date each months We will begin charging interest on cash advances and balance transfers on the transaction ate. Minimum Interest if you are charged interest, the charge will be no less than 50 cents. Charge How We Calculate Your Daily Balance (including eurrem transactions) Balance Fees Annual Fee None Transaction Fees : ; Balance Transfer Either $5 or 3 z o of the amount of each transfer, whichever is greater. - Cash Advance Elther $10 or 5% of the amount of each cash advance, whrchever is greater - Foreign 3% at each purchase transaction in US dollars. Purchase Penalty Fees . Late Payment Up to $35. - Returned Payment Up to $35. Details About Your Interest Rates Periodic Rate as of 02'20/201 9 For variable rates: and Interest Calculations U.S. Prime Rate Plus Pu rch ases 0.06915% (D) 19.74% Cash Advances 0.117532% (D) 21.99% Penalty APR 0.08216'7/a (D) Up to 26.74% (D) = Daily periodic rate. A daily periods rate is the AFR divided by 365. Variable AP Fls wili not exceed 29997.. MN_0101 File No: 24 108995 Page 6 of 16 19HA-CV-24-2886 Filed in District Court State of Minnesota 6/24/2024 4:54 AM Card Agreement Guide This Guide will help you easily Identify sections at the Card Agreement and give you a brief overview of the contents of each section. This is not intended to be a complete summary oi 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 your 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 inionnation about merotiant 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, this provision tells you that the dispute must be resolved by a annua mem ers ass, as w cal"a gefappi'e'j "96:15.lp 66.3 mi°uré°°wn:;"°|"d'!"9 as reign nsac '0" professional arbitrator, not ajudge orjury. This section also less for Purdiases not In U.S. dollars. explans how arbitration worlcs and some oitrie differences , between resolving a dispute in arbitration and resolving one in °°" II. -7, Lu PAYMENTS ~ Shows how your monthly Minimum Payment Due is calculated. tells ham" 7 " W" how we "my ywrpaymen's '° and y°" - AGREEMENT a BENEFIT CHANGES 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 you from those agencies MN_0IOI File No: 24 108995 Page 7 of 16 19HA-CV-24-2886 Filed in District Court State of Minnesota 6/24/2024 4:54 AM Card Agree nt This Card Agreement (Agreement) is your contract with us. The Facts about Interest and Fees document (Fact Shunt) is part of this Agraenrsnl. The Fact Shoot shows important information about your Account, such as your annual percentage rates and ammo fees. Any amendments in this Agreamnt 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 Cili ThankYou® Preferred Account. - betting transactions. Annual Percentage Rate (APR) A rate, ShUM'l as a percentage. used to calculate r - r- - such as Experim. Equifax and . r Agency An _ Interest on "'9 balance 5" V°"' Account. TransUnion that compiles credit information for the purpose of generatiiig J: consumer credli reports. It's also known as a "credit bureau" and a "oi'edltreporllng Authoriud User - Any person you allow to use your Acmmt With a Card we H agency.' a- provided wiih that person's name. - I" , Include and including - These isms mean 'include [or including] without Balance Transfer - Use of a Balance Transfer offer, Including use of a check mat Itrrilaliurl.' accesses your Account for any transaction. ortha transfer of a balance from 3'10"" credit "CW-"111° WU" Amm Late Payment A payment is late if you don't pay at least an amount equal to the - I u sari y Oyert'm'tAmo Miri'm u rnPa y me n lDuem'n ' u ntby the tdue dare, Billing Period The periodoitime between earn dale Mm we create a statement - for your Account. A BMW Period is usually 28'" daysr For 93'" Billing Period, New Balanoo Tile total amount you owe us at the end at each Billing Period. This - Will statement snow Will WEIGHTS": payments Md "'5' any/Transactions, amomt is shoivn on each statement under the heading 'New Balance". We explaii credits posted during that Billing Period. how we calculate the New Balance belmv. Business Day . Monday through Friday, excluding tedaral holiday's. Overlimit Amount - The amount by which yourAccourrt balance exceeds your . credit limit in any Billing Period Card - One or more cards or other devroes (Including an accourrt number] used In ""955 V0" Acmum '0 main "3" Purchase Use of your Card to buy goods and services. Balance Transfers and - Cash Advances are not Purchases. Card Networlrs Organizations. such as Mastercard, Visa and American Express, - that facilitate the paymnt process between a oardmember, mermants arid a card Returned Payment A payment that isn'i: honored by your finandal institution. - Issuer. Transaction A Balance Transfer, Cash Advance or Purchase. as applicable. - Cash Advanco - Use of your Card to get cash. including foreign currency, or for 3'" W" Citibank. NA- , what we consider a casntike transaction. Examples include using your Card for: we, "3r ATM and letter withdrawals, wire transfers, money orders, traveler's checks, lottery you and _ The cardmsmber who opened the Accoml. tickets. gaming ol'llps md other methods used for gambling. wagers and other You'll find definitions a! other items within this Agreement, M MN_0IOi File No: 24 108995 Page 8 of 16 19HA-CV-24-2886 Filed in District Court State of Minnesota 6/24/2024 4:54 AM YOUR ACCOUNT Your Account use is subject to his Agreement You mist pay us for all anounts ACCOUNT USE due on your Account, Including: I" I' You arent to use yourAccount for business purposes. If you do use your Account for business prrposes, this Agreement still 1 Transactions you make, even it you didn't present your Card or sign forthe and must us for those Transactions. You may also have to pay us applies. you pay Transaaion: for any damages andlor expenses resulting from that use. In addition, we may Z . Transactiorts an Authorized User makes: close your Account. 3 . Transaclims that otherpeople make if you or an Authorized Userlet titer-1 use You aren't , ' to use youercount for unlawful your Account: and Transactions lfyou do use your Account for unlawful Transactions. this Agreement 4 . Any tees and interest charges or the Account. stllt applies and yell must pay us tor those Transactions. You also may have to pay the Card Network and/or us forany damages arid expenses resulting from that use. Binding Agreemcm. This Agreementtskos effect once you use your Card. Even it In addition, we may dose your Account. you don't use your Card. this Agreement will talte eflect unless you contact us to cancel youercount within 30 days atterwe sent you this Agreement. Mobile Phones or Other Devices. Smart phones, tablets and other electronic devices can store your Card (such as through a mobile wallet). This means they Credit Llml. We assign a credlt limit to your Account. Part or this credit Ilmtt may can be used to make Purchases or other Transactions. Any sudt Transactions are be available for Cash Advances. and there may be a limit on the amount of Cash covered by this Agreement. Apps that use your Card to make Transactiorts may Advances you can take in a given period. We may authorize Transactions that have separate terms of use. were not responsible ifyou violate those terms, or for cause your balance to exceed your credit limit any consequences resullirig from any violation. Note: It's important to plated 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 & INTEREST CHARGES The followirlg sections explain how we calculate the interest you owe each If the US. Prime Rate changes, we'll apply the new variable APR starting from the Btlllng Period. first day or the Billing Period when we take the us. Prime Rate item the WSJ. The new APR will apply to existing balances, as well as balances added to your APRs. We use APRs to calculate interest charges on your Account. Dilierenl APRs Account after the change. may apply to different Transactions. See the Itirg of your APPS on the Fact Sheet. Penalty APR. It you have a Late or Returned Payment, we may apply a penalty APR to your Awount. We determine your penalty APR based on your Variable APRs. A variable APR is an APR that can change each Billing Period. We creditworthiness. calculate each variable APR first by taking the U.S. Prime Rate trom The Wall StreerJournal (WS.I) two Business Days battle the lat day of cacti Billing Period. - Penalty APR for new Transactions (less that 60 days late). Ifyou make a (little WSJdoesn't publisti the U.S. Prime Rate that day, then we'll use another Late Payment and it's less titan 60 days late or you have a Returned Payment. publication.) Then we add to the US. Prime Rate a certain percentage amount, the penalty APR only will apply to new Transactims. We'll review yourAccount which we call the Margin. You can find the Marg'n we use for your Account in the from time to time to deterrn'me if a penalty APR should be reduced. Details About Your Interest Rate section of the Fact Sheet. Penalty APR for existing balances and new Transacfioris (60 or more days late). Itvre haven't received your Minimum Paymerit Due within 60 days after its Howls a variable APR calculated? due date. we may apply the penalty APR to both the existing balances arid new Transactions. It you make your next six consecutive Minimun Payments Due It the US. Prime Rate published in the WSJ two Business Days on time, we'll stop applying the penalty APR to existing balances and new before die end of 3 Billing Period is 5%; and Transactions. it you dcri't make your next six consecutive Minimum Payments If the Margin is 13.99%; then Due on tine, the penalty APR may continue to apply indefiritely to exisliiig Add the two together to calculate a variable APR; balances and new Transactions. I_ 5% + 13.99"/o =1B.99% Dally Balance We calculate interest on your Account each Billing Period first by whitening your daily balances. The following explains how we do that. Your variable APRs will increase if the U3. Pr'rne Rate increases and decrease if Here's how and when Transactions, tees and credits are applied to the the US. Prime Rate decreases. lfa vandals APR increases, then your interest balances on your Account: charges and Minmm Payment Due may increase. - We add the amount ofa Purchase or Balance Transfer to the Purchase balance as oithe post date on your statemmt. - We add the amount ota Cash Advance to the Cash Advance balance as of the post date on your staternem. 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