Preview
Filed: 11/14/2018 1:22 PM
JOHN D. KINARD - District Clerk
18-CV-1296 Galveston County, Texas
Envelope No. 29028186
By: Rolande Kain
11/14/2018 2:42 PM
MIDLAND FUNDING LLC § IN THE DISTRICT COURT
Plaintiff, §
§
vs.
§ 122ND JUDICIAL DISTRICT
§
THOMAS WEEKS
Defendant. §
§ GALVESTON COUNTY, TEXAS
MOTION FOR ENTRY OF DEFAULT JUDGMENT
Comes now, Plaintiff, Midland Funding LLC, and for its Motion for Default Judgment
respectfully represents as follows:
1. This matter was commenced by the filing of a Complaint on or about September 19,
2018.
2. Service has been obtained against the Defendant. The Citation was returned and has
been on file with the Court for the requisite period of time pursuant to the Rules.
3. Despite having been served, the Defendant has not answered or otherwise made an
appearance in the case.
4. Plaintiff attaches hereto or has filed all necessary affidavits and notices to support entry
of default judgment
WHEREFORE, Midland Funding LLC prays that the Court grant it all of the relief
requested in its Petition and that it enter a Default Judgment as to the Defendant.
SCOTT & ASSOCIATES, P.C.
Digitally signed by Timothy Wells
/s/ Timothy Wells
DN: o=MJSPC, ou=Legal, uid=57956370
Date: 11/10/2018 2:04:40 PM
Michael J. Scott SBN 24000876
Teri Stewart Mace SBN 12759480
Timothy Wells SBN 24070829
PO Box 115220
Carrollton, TX 75011-5220
Telephone: (214) 234-8456
Facsimile: (214) 234-8454
Courts@scott-pc.com
S&A 1285896
18-CV-1296
MIDLAND FUNDING LLC § IN THE DISTRICT COURT
Plaintiff, §
§
vs. § 122ND JUDICIAL DISTRICT
§
THOMAS WEEKS §
Defendant. § GALVESTON COUNTY, TEXAS
CERTIFICATE OF LAST KNOWN ADDRESS
TO THE CLERK OF THIS COURT:
Midland Funding LLC, Plaintiff, hereby certifies to the Clerk of the Court that the last
known mailing address of Thomas Weeks, Defendant in the above-styled and numbered cause,
is as follows:
Thomas Weeks
2794 Spring Moss Dr
League City, TX 77573
Thomas Weeks is an individual against whom judgment is being sought.
Respectfully submitted,
SCOTT & ASSOCIATES, P.C.,
Digitally signed by Timothy Wells
DN: o=MJSPC, ou=Legal, uid=57956370
/s/ Timothy Wells Date: 11/10/2018 2:04:40 PM
Michael J. Scott SBN 24000876
Timothy Wells SBN 24070829
P. O. Box 115220
Carrollton, Texas 75011
Telephone: (214) 234-8456
Facsimile: (214) 234-8454
Courts@scott-pc.com
S&A 1285896 ATTORNEYS FOR PLAINTIFF
STATE OF TEXAS
MIDLAND FUNDING LLC,
Plaintiff AFFIDAVIT OF JUSTINA GOMES
RELATING TO DAMAGES AND BUSINESS
RECORDS
-vs-
Thomas Weeks,
Defendant( s).
Justina Gomes, whose business address is 16 McLeland Road Suite 101, St. Cloud, MN
56303, certifies and says:
1. Iam employed as a Legal Specialist and have access to pertinent account records for
Midland Credit Management, Inc. ("MCM"), servicer of this account on behalf of Plaintiff.
Iam a competent person over eighteen years of age, and make the statements herein based
upon personal knowledge of those account records maintained on Plaintiffs behalf. Plaintiff
is the current owner of, and/or successor to, the obligation sued upon, and was assigned all
the rights, title and interest to Defendant's ONEMAIN FIN ISSUE TRUST 2016-2 account
XXXXXXXXX8607 (MCM Number 8574547793) (hereinafter "the account"). I have access
to and have reviewed the electronic records pertaining to the account maintained by MCM and
am authorized to make this affidavit on Plaintiffs behalf. The electronic records reviewed
consist of data acquired from the seller when Plaintiff purchased the account, together with
records generated by MCM in connection with servicing the account since the date the account
was purchased by Plaintiff. In addition, I reviewed the documents that are attached to this
affidavit.
2. I am familiar with and trained on the manner and method by which MCM creates and
maintains its business records pertaining to this account. The records are kept in the regular
course of business. It was in the regular course of business for a person with knowledge of the
act or event recorded to make the record or data compilation, or for a person with knowledge
to transmit information thereof to be included in such record. In the regular course of business,
AFFIDAVIT OF JUSTINA GOMES -
1
II~~~~~~~~~~~~~~II
11111111111111111111111111111111111111111111111111111111111111111
111111111111111111111111111111111111111111111111111111111111
8574547793 AFFCOTMEDIA 1285896
the record or compilation is made at or near the time of the act or event by MCM asa regular
practice.
3. MCM's records show that the account was written off on 2016-09-29 with a balance
of $10,102.99. On or about 2016-11-23, Plaintiff purchased and was assigned the balance
owed by Defendant of$10,102.99. As of2018-08-02, MCM's records show that the balance of
$10,102.99 remains due and owing and no interest has been assessed to the account. Therefore,
Plaintiff seeks the amount of $10,102.99 from Defendant. All credits and offsets for payments
have been applied to the balance.
4. On or about 2016-11-23, the account was sold from ONEMAIN FIN ISSUE TRUST
2016-2 by and through its legal selling entity OneMain Financial, Inc. to Midland Funding
LLC. The account was then sold to the following debt buyers in order of occurrence on or
about:
Not Applicable
5. Attached hereto are records regarding the account and/or payment(s) received, being
a reproduction from the records on file on behalf of Plaintiff based upon my review. The
documents attached hereto, are true and correct copies of the originals, except to the extent
that confidential and privileged information is omitted or redacted and personal identifying
information is omitted or redacted as required by local rules, and applicable state and federal
law.
6. MCM acquired and incorporated the attached account records into its permanent
business records as a result of Plaintiffs purchase of the account. These records are kept in the
regular course of business on behalf of Plaintiff, and along with the electronic records provided
at purchase, are Plaintiffs primary source of business records for this account.
7. The accuracy of such documents is relied upon by Plaintiff and/or its servicer in
purchasing and collecting this account. These records are trustworthy and relied upon because
the original creditor was required to keep careful records of the account at issue in this case as
required by law and/or suffer business loss.
AFFIDAVIT OF mSTINA GOMES -
2
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1 1 1 1 1I1II I III I III I I1I1 111111111 1I1I I 1111111111111 1I11II1
111111111111111 I I I I 11111111 I I I I I I I 1II1I1I1II 1 1 1 1
8574547793 AFFCOTMEDIA 1285896
I certify under penalty of perjury that the foregoing statements are true and correct.
~UG 10 2tllE
Date
STATE OF MINNESOTA
Justina Gomes (/ 2I11 fl
COUNTY OF STEARNS
Signed and sworn to (or affirmed) before me on
AUG! ij m,~ .
by
.
ustma Gomes.
/., ~ELlNE'1
"
ASHLEY RAE
Notary Public. Minnesota
My Cormission ExpiIes ..31, 211
iii
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TX44
Scott & Associates, PC
AFFIDAVIT OF JUSTINA GOMES -
3
II~O~O~~~~~~~~~~II
11111111111111111111111111111111111111111111111111111111111111111
111111111111111111111111111111111111111111111111111111111111
8574547793 AFFCOTMEDIA 1285896
THOMAS ALLISON WEEKS
YOUR ACCOUNT NUMBER: 8607
Questions? Call (888) 452-7565
Loan Payment +$ 304.03 Due Date 11/05/2016
"Not a payoff balance;
Past Due Loan Amount +$ 2,426.47 Current Balance" $ 10,102.99 call us for details.
.. Due Date: 11/05/16 Total Payment Due $ 2,730.50 Prior Balance $ 10,102.99
- Asof Description Amount Applied to
Late Fees I
Applied to
Interest
Applied to
Principal
IWno;oI 10/17/16
**** No Activity ****
Other
Your Branch
One Main
PO BOX 70912
CHARLOTTE, NC 28272
(888) 452-7565
OneMainFinancial.com
Pid you Know",
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to help you get back on track. Ask us how we may be able to help you.
.. Notices and Disclosures...
the remittance coupon. Do not send correspondence to this address. For correspondence,
Box address shown on
Only payments on your OneMain account should be sent to the PO
OneMain, Credit
Credit Bureau Disputes
please contact us at the number shown on the front of the statement, or you may send correspondence to the following addresses as applicable
Box 6042, Sioux Falls, SO 57117-6042.
OneMain, Bankruptcy Dept., PO
Bureau Corrections Dept., 6801 Colwell Blvd, Irving, TX 75039; Bankruptcy
Group,
In NC: OneMain Financial LLC
ACCOUNT NUMBER: 8607
Please mail this coupon with Total $ 2,730.50
SUSOMENP 00100025 Payment Due
2016292 your payment.
P070912
CHARLOTTE NC 28272 Payment Due Date 11/05/16
Indicate address corrections
on
Address Service
Requested the reverse side.
Amountenclosec\: $ [J[lJ .w1
ONEMAIN
THOMAS ALLISON WEEKS
PO BOX 9001122
SHERRON WEEKS 40290-1122
LOUISVILLE KY
LEAGUE CITY TX77573-4317
As of Description Amount Applied to Late Applied to Applied to
Fees/ Other Interest Principal
10/17/16
Did You Know...
IMPORTANT: Ifyour loan agreement provides for interest to be computed on a daily basis, failure to make timely and
regular payments may result in application of a greater portion or allof your monthly payment to interest.This may delay the
principal reduction of your loan. Ifyour payment does not cover allinterest due at the time of payment, unpaid interest will
accrue. More information about daily simple interest is available at:www.onemainfinancial.com/pdf/daily-simple-interest.pdf.
Additional Notices & Disclosures
If you have an inquiry involving either quality of service, mistreatment, or inappropriate financial products, please call toll free 1-888-860-2437.
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c- OVERPAYMENT: principal balance. A
However, interest will conlinue to accrue on Ihe new outstanding balance.
The amount of any overpayment will be applied to reduce the oulstanding
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I::-' processing facility by 500p.m.,
Your payment must be received in proper form at our
For payments made by mail, please allow 5-7 days for your payment to reach us. local
time,
on a
business day, in order to be credited to your account the following business day.
Address Corrections: If you have changes to your
address, please indicate below.
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WHAT DOES ONEMAIN FINANCIAL DO WITH YOUR
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PERSONAL INFORMATION? Rev October 2016
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Financial companies choose how they share your personal information. Federal law gives
consumers the right to limit some but not all sharing. Federal law also requires us to tell you how
we collect, share, and protect your personal information. Please read this notice carefully to
understand what we do.
The types of personal information we collect and share depend on the product or service you
have with us. This information can include:
Social Security number and income
account balances and payment history
insurance claim history and employment information
All financial companies need to share customers' personal information to run their everyday
business. In the section below, we listthe reasons financial companies can share their customers'
personal information; the reasons OneMain Financial chooses to share; and whether you can limit
this sharing.
Does OneMain Can you limit this
Reasons we can share your personal infonnation Financial Share? sharing?
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to court orders and legal investigations, or report to credit bureaus I
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For our marketing purposes -
Yes No
to offer ourproducts and services to you
For joint marketing with other financial companies I Yes No
For our affiliates' everyday business purposes
information about your transactions and experiences
-
I Yes No
For our affiliates' everyday business purposes
information about your creditworthiness
-
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Yes I Yes
For our affiliates to market to you Yes Yes
For nonaffiliates to market to you Yes Yes
I
Mail the form below
Please note:
If you are a new customer, we can begin sharing your information 30 days from the date we sent
this notice. When you are no longer a customer, we continue to share your information as
described in this notice.
However, you can contact us at any time to limit oursharing.
Questions? Call us at (800) 458-0040 or visitus online: www.OneMainFinancial.com
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CUT HERE .....................................................................................................................................................................
Mail-in Fonn I
Mark any/all you want to limit:
0 Do not share information about my creditworthiness with your affiliates for theireveryday business purposes.
D Do not allow your affiliates
to use my personal information to market to me.
D Do not share my information with nonaffiliates to market their products and services to me.
Name I Mail to:
Address I OneMain Financial
City, State, Zip PO Box 70911
Account # Charlotte, NC 28272-0911
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Account # I
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Who weare
Who is providing this
notice?
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iOneMain
companies.
Financial companies that
The other companies are
use "OneMain"
iLoan
or "Spring leaf'
and CommoLoCo, Inc.
in their name and other
What we do
How does OneMain
Financial protect my
ITo protect
measures
your
that
personal
comply with
information
federal law.
from unauthorized
These measures
access
include
and use, we use
computer safeguards
security
and
personal information? secured files and buildings.
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How does One Main We collect your personal information, for example, when you
Financial collect my apply for a loan or apply for insurance
personal information?
i provide account information or give us your income information
provide employment information
We also collect your personal information from others, such as credit bureaus, affiliates,or
other companies.
Why can't Ilimit all Federal law gives you the right tolimit only
sharing? sharing everyday
for affiliates' business purposes -
information about your creditworthiness
Q:I
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ru State laws and individual companies may give you additional rights to limit sharing.
See below for more on your rights under state law.
What happens when I Your choices will apply to everyone on your account.
limit sharing for an
account I hold jointly
with someone else? I
Definitions
Affiliates Companies related by common ownership or control.They can be financial and nonfinancial
companies.
Our affiliatesinclude companies with the OneMain or Springleaf name; and financial
companies such as One Main Finanical Insurance Agency of Florida, LLC and OneMain
Financial Insurance Agency of Washington, LLC.
Nonaffiliates Companies not related by common ownership or control. They can be financial and
nonfinancial companies.
Nonaffiliates we share with can include companies engaged in the selling of consumer
products and services, and nonprofit organizations.
Joint marketing A formal agreement between nonaffiliated financial companies that together market financial
products or services to you.
Our joint marketing partners include insurance companies, banks, and other financial
companies.
....,.......................................................................................................................................................................................
-
Other Important Information
Additional Notices for Loan Accounts:
California Residents: We willautomatically treat your account as ifyou marked the third box in the Mail-In-Fonn
above. We will also provide a separate notice with additional choices.
North Dakota Residents: We will automatically treat your account as if you marked the third box in the Mail-In-Fonn
above.
Vermont Residents:
We will automatically treat your account as if you marked all of theboxes in the Mail-In-Form above.
We will not disclose information about your credit worthiness to our affiliates and will not disclose your
personal information, financial information, credit report, or health information to nonaffiliated third parties to
market to you, other than as permitted by Vermont law, unless you authorize us to make those disclosures.
Additional information concerning our privacy practices can be found at www.OneMainFinancial.com or call
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(800) 458-0040.
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CJ licensed and examined under Texas law by the Office of Consumer Credit Commissioner (OCCC), a state agency. If a
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complaint or question cannot be resolved by contacting the lender, consumers can contact the OCCC to filea
complaint or ask a general credit-related question. OCCC address: 2601 N. Lamar Blvd., Austin, Texas 78705. Phone:
(800) 538-1579. Fax: (512) 936-7610. Website: occc.texas.gov. E-Mail: consumer.complaints@occc.texas.gov.
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~. 0 ne M. oln. YOUR ACCOUNT NUMBER: 4609
Financial Questions? Call (281) 282-0872
Loan Payment +$ 304.03 Due Date 04/05/2016
'Not a payoff balance;
Past Due Loan Amount +$ 312.41 Current Balance- $ 10,102.99 call us for details.
a Due Date: 04/05/16 Total Payment Due $ 616.44 Prior Balance $ 10,102.99
- Asof Description Amount Applied to
Late Fees!
Applied to
Interest
Applied to
Principal
~ 03/16/16
03/01/16 Late Charge 15.20
Other
03/01/16 Payment -
THANK YOU -325.00 -309.80
Your Local Branch Late -15.20
Charge
OneMain Financial
102 W EL DORADO BV STE D
FRIENDSWOOD, TX 77546
(281) 282-0872
OneMainFinancial.com
Pid You Know
While using public Wi-Fi, never log in to your bank or any secure siterequiring your username and password.
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a loan today. a customer, go to
OneMainFinancial.com to get
. Flexible payment options
including AutoPay
started, or get in touch with . Fixed rate
your branch. Our loan specialists . Fixed term
are ready to work with you.
1See back for Important Additional Information
a Notices and Disclosures...
account should be sent to the
on your OneMain Financial
Only payments PO on the remittance coupon.
Box address shown address. For
Do not send correspondence to this
applicable: Credit Bureau Disputes
correspondence, please contact us at the number shown on the front of the statement, or you may send correspondence to the following addresses as
OneMain Credit
Financial, BureauCorrections
Dept.,6801Colwell
Blvd, TX 75039;
Irving, OneMain
Bankruptcy Financial,
Bankruptcy PO
Dept.. Box6042,Sioux SD
Falls,
57117-6042.
In TXOneMain Financial LLC
Group,
ACCOUNT NUMBER: 4609
,'OneMain.
Financial SUSOMENP 00052544
Please mail this coupon with Total Payment Due $ 616.44
2016077 your payment.
102 w. EL DORADO BV STE D
FRIENDSWOOD TX 77546 Payment Due Date 04/05/16
Indicate address corrections
on
Address Service
Requested the reverse side. Late Charges Due On 04/16/16 $ 15.20
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Amount enclosed: $ lllLt)~
ONEMAIN FINANCIAL
THOMAS ALLISON WEEKS
PO BOX 9001122
SHERRON WEEKS
LOUISVILLE KY40290-1122
LEAGUE CITYTX 77573-4317
As of Description Amount Applied to Late Applied to Applied to
Fees! Other Interest Principal
03/16/16
Did You Know...
Additional Notices & Disclosures
If you have an inquiry involving either quality of service, mistreatment, or inappropriate financial products, please call toll free 1-888-860-2437.
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IT" -OneMain Financial offers unsecured and secured personal loans from $300 to $15,000. Minimum and maximum loan amounts vary by state. Application subject to our standard credit criteria.
Cl The actual loan amount and annual percentage rate you qualify for will depend on your ability to meet the criteria, including credit history, income and debts. A consumer report is usually
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obtained and reviewed in the evaluation of an
I::-' may require that any existing
agency furnishing any such report. Subsequent consumer reports may be requested and used in connection with an update, renewal or extension of credit. We
balance you have with us be paid off by the new loan and, if there is collateral on your existing account, we may require collateral on the new loan. Before you refinance your existing balance
The overall cost of refinancing an
to obtain additional money, you should carefully consider the advisability of increasing your debt, your monthly obligations and the terms of repayment.
existing loan balance may be greater than the cost of separate financing, If it is available. OneMain Financial loan proceeds cannot be used for college, university, or vocational expenses,
including tuition, fees, and required equipment and supplies; for any business or commercial purpose; to purchase securities; or for gambling or illegal activities.
OVERPAYMENT: However, interest will continue to accrue on the new outstanding balance.
principal balance.
The amount of any overpayment will be applied to reduce the outstanding A
payment is required each month under the terms of your loan agreement
Yourpayment must be received
For payments made by mail, please allow 5-7 days for your payment to reach us in proper form at
Preview
Filed: 11/14/2018 1:22 PM JOHN D. KINARD - District Clerk 18-CV-1296 Galveston County, Texas Envelope No. 29028186 By: Rolande Kain 11/14/2018 2:42 PM MIDLAND FUNDING LLC § IN THE DISTRICT COURT Plaintiff, § § vs. § 122ND JUDICIAL DISTRICT § THOMAS WEEKS Defendant. § § GALVESTON COUNTY, TEXAS MOTION FOR ENTRY OF DEFAULT JUDGMENT Comes now, Plaintiff, Midland Funding LLC, and for its Motion for Default Judgment respectfully represents as follows: 1. This matter was commenced by the filing of a Complaint on or about September 19, 2018. 2. Service has been obtained against the Defendant. The Citation was returned and has been on file with the Court for the requisite period of time pursuant to the Rules. 3. Despite having been served, the Defendant has not answered or otherwise made an appearance in the case. 4. Plaintiff attaches hereto or has filed all necessary affidavits and notices to support entry of default judgment WHEREFORE, Midland Funding LLC prays that the Court grant it all of the relief requested in its Petition and that it enter a Default Judgment as to the Defendant. SCOTT & ASSOCIATES, P.C. Digitally signed by Timothy Wells /s/ Timothy Wells DN: o=MJSPC, ou=Legal, uid=57956370 Date: 11/10/2018 2:04:40 PM Michael J. Scott SBN 24000876 Teri Stewart Mace SBN 12759480 Timothy Wells SBN 24070829 PO Box 115220 Carrollton, TX 75011-5220 Telephone: (214) 234-8456 Facsimile: (214) 234-8454 Courts@scott-pc.com S&A 1285896 18-CV-1296 MIDLAND FUNDING LLC § IN THE DISTRICT COURT Plaintiff, § § vs. § 122ND JUDICIAL DISTRICT § THOMAS WEEKS § Defendant. § GALVESTON COUNTY, TEXAS CERTIFICATE OF LAST KNOWN ADDRESS TO THE CLERK OF THIS COURT: Midland Funding LLC, Plaintiff, hereby certifies to the Clerk of the Court that the last known mailing address of Thomas Weeks, Defendant in the above-styled and numbered cause, is as follows: Thomas Weeks 2794 Spring Moss Dr League City, TX 77573 Thomas Weeks is an individual against whom judgment is being sought. Respectfully submitted, SCOTT & ASSOCIATES, P.C., Digitally signed by Timothy Wells DN: o=MJSPC, ou=Legal, uid=57956370 /s/ Timothy Wells Date: 11/10/2018 2:04:40 PM Michael J. Scott SBN 24000876 Timothy Wells SBN 24070829 P. O. Box 115220 Carrollton, Texas 75011 Telephone: (214) 234-8456 Facsimile: (214) 234-8454 Courts@scott-pc.com S&A 1285896 ATTORNEYS FOR PLAINTIFF STATE OF TEXAS MIDLAND FUNDING LLC, Plaintiff AFFIDAVIT OF JUSTINA GOMES RELATING TO DAMAGES AND BUSINESS RECORDS -vs- Thomas Weeks, Defendant( s). Justina Gomes, whose business address is 16 McLeland Road Suite 101, St. Cloud, MN 56303, certifies and says: 1. Iam employed as a Legal Specialist and have access to pertinent account records for Midland Credit Management, Inc. ("MCM"), servicer of this account on behalf of Plaintiff. Iam a competent person over eighteen years of age, and make the statements herein based upon personal knowledge of those account records maintained on Plaintiffs behalf. Plaintiff is the current owner of, and/or successor to, the obligation sued upon, and was assigned all the rights, title and interest to Defendant's ONEMAIN FIN ISSUE TRUST 2016-2 account XXXXXXXXX8607 (MCM Number 8574547793) (hereinafter "the account"). I have access to and have reviewed the electronic records pertaining to the account maintained by MCM and am authorized to make this affidavit on Plaintiffs behalf. The electronic records reviewed consist of data acquired from the seller when Plaintiff purchased the account, together with records generated by MCM in connection with servicing the account since the date the account was purchased by Plaintiff. In addition, I reviewed the documents that are attached to this affidavit. 2. I am familiar with and trained on the manner and method by which MCM creates and maintains its business records pertaining to this account. The records are kept in the regular course of business. It was in the regular course of business for a person with knowledge of the act or event recorded to make the record or data compilation, or for a person with knowledge to transmit information thereof to be included in such record. In the regular course of business, AFFIDAVIT OF JUSTINA GOMES - 1 II~~~~~~~~~~~~~~II 11111111111111111111111111111111111111111111111111111111111111111 111111111111111111111111111111111111111111111111111111111111 8574547793 AFFCOTMEDIA 1285896 the record or compilation is made at or near the time of the act or event by MCM asa regular practice. 3. MCM's records show that the account was written off on 2016-09-29 with a balance of $10,102.99. On or about 2016-11-23, Plaintiff purchased and was assigned the balance owed by Defendant of$10,102.99. As of2018-08-02, MCM's records show that the balance of $10,102.99 remains due and owing and no interest has been assessed to the account. Therefore, Plaintiff seeks the amount of $10,102.99 from Defendant. All credits and offsets for payments have been applied to the balance. 4. On or about 2016-11-23, the account was sold from ONEMAIN FIN ISSUE TRUST 2016-2 by and through its legal selling entity OneMain Financial, Inc. to Midland Funding LLC. The account was then sold to the following debt buyers in order of occurrence on or about: Not Applicable 5. Attached hereto are records regarding the account and/or payment(s) received, being a reproduction from the records on file on behalf of Plaintiff based upon my review. The documents attached hereto, are true and correct copies of the originals, except to the extent that confidential and privileged information is omitted or redacted and personal identifying information is omitted or redacted as required by local rules, and applicable state and federal law. 6. MCM acquired and incorporated the attached account records into its permanent business records as a result of Plaintiffs purchase of the account. These records are kept in the regular course of business on behalf of Plaintiff, and along with the electronic records provided at purchase, are Plaintiffs primary source of business records for this account. 7. The accuracy of such documents is relied upon by Plaintiff and/or its servicer in purchasing and collecting this account. These records are trustworthy and relied upon because the original creditor was required to keep careful records of the account at issue in this case as required by law and/or suffer business loss. AFFIDAVIT OF mSTINA GOMES - 2 11~~~~~m~u~m~m~UII 1 1 1 1 1I1II I III I III I I1I1 111111111 1I1I I 1111111111111 1I11II1 111111111111111 I I I I 11111111 I I I I I I I 1II1I1I1II 1 1 1 1 8574547793 AFFCOTMEDIA 1285896 I certify under penalty of perjury that the foregoing statements are true and correct. ~UG 10 2tllE Date STATE OF MINNESOTA Justina Gomes (/ 2I11 fl COUNTY OF STEARNS Signed and sworn to (or affirmed) before me on AUG! ij m,~ . by . ustma Gomes. /., ~ELlNE'1 " ASHLEY RAE Notary Public. Minnesota My Cormission ExpiIes ..31, 211 iii ... TX44 Scott & Associates, PC AFFIDAVIT OF JUSTINA GOMES - 3 II~O~O~~~~~~~~~~II 11111111111111111111111111111111111111111111111111111111111111111 111111111111111111111111111111111111111111111111111111111111 8574547793 AFFCOTMEDIA 1285896 THOMAS ALLISON WEEKS YOUR ACCOUNT NUMBER: 8607 Questions? Call (888) 452-7565 Loan Payment +$ 304.03 Due Date 11/05/2016 "Not a payoff balance; Past Due Loan Amount +$ 2,426.47 Current Balance" $ 10,102.99 call us for details. .. Due Date: 11/05/16 Total Payment Due $ 2,730.50 Prior Balance $ 10,102.99 - Asof Description Amount Applied to Late Fees I Applied to Interest Applied to Principal IWno;oI 10/17/16 **** No Activity **** Other Your Branch One Main PO BOX 70912 CHARLOTTE, NC 28272 (888) 452-7565 OneMainFinancial.com Pid you Know", Need extra cash for bill consolidation, home improvements, whatever? Call us today. 0> c- o ..,J o I:-' At OneMain, wehave flexible payment options that can be (888) lt52-7565 personalized budget, and solutions that may be available to fit your OneMoinFinonciol.com to help you get back on track. Ask us how we may be able to help you. .. Notices and Disclosures... the remittance coupon. Do not send correspondence to this address. For correspondence, Box address shown on Only payments on your OneMain account should be sent to the PO OneMain, Credit Credit Bureau Disputes please contact us at the number shown on the front of the statement, or you may send correspondence to the following addresses as applicable Box 6042, Sioux Falls, SO 57117-6042. OneMain, Bankruptcy Dept., PO Bureau Corrections Dept., 6801 Colwell Blvd, Irving, TX 75039; Bankruptcy Group, In NC: OneMain Financial LLC ACCOUNT NUMBER: 8607 Please mail this coupon with Total $ 2,730.50 SUSOMENP 00100025 Payment Due 2016292 your payment. P070912 CHARLOTTE NC 28272 Payment Due Date 11/05/16 Indicate address corrections on Address Service Requested the reverse side. Amountenclosec\: $ [J[lJ .w1 ONEMAIN THOMAS ALLISON WEEKS PO BOX 9001122 SHERRON WEEKS 40290-1122 LOUISVILLE KY LEAGUE CITY TX77573-4317 As of Description Amount Applied to Late Applied to Applied to Fees/ Other Interest Principal 10/17/16 Did You Know... IMPORTANT: Ifyour loan agreement provides for interest to be computed on a daily basis, failure to make timely and regular payments may result in application of a greater portion or allof your monthly payment to interest.This may delay the principal reduction of your loan. Ifyour payment does not cover allinterest due at the time of payment, unpaid interest will accrue. More information about daily simple interest is available at:www.onemainfinancial.com/pdf/daily-simple-interest.pdf. Additional Notices & Disclosures If you have an inquiry involving either quality of service, mistreatment, or inappropriate financial products, please call toll free 1-888-860-2437. I):> c- OVERPAYMENT: principal balance. A However, interest will conlinue to accrue on Ihe new outstanding balance. The amount of any overpayment will be applied to reduce the oulstanding CJ ---..J payment is required each month under the terms of your loan agreement CJ I::-' processing facility by 500p.m., Your payment must be received in proper form at our For payments made by mail, please allow 5-7 days for your payment to reach us. local time, on a business day, in order to be credited to your account the following business day. Address Corrections: If you have changes to your address, please indicate below. r'~'~~,r_r,.,. ".r- ,~,,~.;"'. .. WHAT DOES ONEMAIN FINANCIAL DO WITH YOUR ,~I ,. &_, , PERSONAL INFORMATION? Rev October 2016 ". Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand what we do. The types of personal information we collect and share depend on the product or service you have with us. This information can include: Social Security number and income account balances and payment history insurance claim history and employment information All financial companies need to share customers' personal information to run their everyday business. In the section below, we listthe reasons financial companies can share their customers' personal information; the reasons OneMain Financial chooses to share; and whether you can limit this sharing. Does OneMain Can you limit this Reasons we can share your personal infonnation Financial Share? sharing? C c- For our everyday business purposes - I CJ such as to process your transactions, maintain your account(s), respond Yes I No I ---..I CJ to court orders and legal investigations, or report to credit bureaus I I1.J For our marketing purposes - Yes No to offer ourproducts and services to you For joint marketing with other financial companies I Yes No For our affiliates' everyday business purposes information about your transactions and experiences - I Yes No For our affiliates' everyday business purposes information about your creditworthiness - I I Yes I Yes For our affiliates to market to you Yes Yes For nonaffiliates to market to you Yes Yes I Mail the form below Please note: If you are a new customer, we can begin sharing your information 30 days from the date we sent this notice. When you are no longer a customer, we continue to share your information as described in this notice. However, you can contact us at any time to limit oursharing. Questions? Call us at (800) 458-0040 or visitus online: www.OneMainFinancial.com ...- CUT HERE ..................................................................................................................................................................... Mail-in Fonn I Mark any/all you want to limit: 0 Do not share information about my creditworthiness with your affiliates for theireveryday business purposes. D Do not allow your affiliates to use my personal information to market to me. D Do not share my information with nonaffiliates to market their products and services to me. Name I Mail to: Address I OneMain Financial City, State, Zip PO Box 70911 Account # Charlotte, NC 28272-0911 I I Account # I - Who weare Who is providing this notice? 1". iOneMain companies. Financial companies that The other companies are use "OneMain" iLoan or "Spring leaf' and CommoLoCo, Inc. in their name and other What we do How does OneMain Financial protect my ITo protect measures your that personal comply with information federal law. from unauthorized These measures access include and use, we use computer safeguards security and personal information? secured files and buildings. I How does One Main We collect your personal information, for example, when you Financial collect my apply for a loan or apply for insurance personal information? i provide account information or give us your income information provide employment information We also collect your personal information from others, such as credit bureaus, affiliates,or other companies. Why can't Ilimit all Federal law gives you the right tolimit only sharing? sharing everyday for affiliates' business purposes - information about your creditworthiness Q:I IT" affiliates from using your information to market to you CJ --..J sharing for nonaffiliates to market to you CJ ru State laws and individual companies may give you additional rights to limit sharing. See below for more on your rights under state law. What happens when I Your choices will apply to everyone on your account. limit sharing for an account I hold jointly with someone else? I Definitions Affiliates Companies related by common ownership or control.They can be financial and nonfinancial companies. Our affiliatesinclude companies with the OneMain or Springleaf name; and financial companies such as One Main Finanical Insurance Agency of Florida, LLC and OneMain Financial Insurance Agency of Washington, LLC. Nonaffiliates Companies not related by common ownership or control. They can be financial and nonfinancial companies. Nonaffiliates we share with can include companies engaged in the selling of consumer products and services, and nonprofit organizations. Joint marketing A formal agreement between nonaffiliated financial companies that together market financial products or services to you. Our joint marketing partners include insurance companies, banks, and other financial companies. ....,....................................................................................................................................................................................... - Other Important Information Additional Notices for Loan Accounts: California Residents: We willautomatically treat your account as ifyou marked the third box in the Mail-In-Fonn above. We will also provide a separate notice with additional choices. North Dakota Residents: We will automatically treat your account as if you marked the third box in the Mail-In-Fonn above. Vermont Residents: We will automatically treat your account as if you marked all of theboxes in the Mail-In-Form above. We will not disclose information about your credit worthiness to our affiliates and will not disclose your personal information, financial information, credit report, or health information to nonaffiliated third parties to market to you, other than as permitted by Vermont law, unless you authorize us to make those disclosures. Additional information concerning our privacy practices can be found at www.OneMainFinancial.com or call 0=1 (800) 458-0040. IT" CJ Financial 458-0040. The lender is -...J Texas: For questions or complaints about this loan, contact OneMain at (800) CJ licensed and examined under Texas law by the Office of Consumer Credit Commissioner (OCCC), a state agency. If a lLJ complaint or question cannot be resolved by contacting the lender, consumers can contact the OCCC to filea complaint or ask a general credit-related question. OCCC address: 2601 N. Lamar Blvd., Austin, Texas 78705. Phone: (800) 538-1579. Fax: (512) 936-7610. Website: occc.texas.gov. E-Mail: consumer.complaints@occc.texas.gov. [ 0- o - o w [ IT"" Cl -...J Cl ~ 0:> [J""' CJ .....J CJ ~ ... THOMAS ALLISON WEEKS ~. 0 ne M. oln. YOUR ACCOUNT NUMBER: 4609 Financial Questions? Call (281) 282-0872 Loan Payment +$ 304.03 Due Date 04/05/2016 'Not a payoff balance; Past Due Loan Amount +$ 312.41 Current Balance- $ 10,102.99 call us for details. a Due Date: 04/05/16 Total Payment Due $ 616.44 Prior Balance $ 10,102.99 - Asof Description Amount Applied to Late Fees! Applied to Interest Applied to Principal ~ 03/16/16 03/01/16 Late Charge 15.20 Other 03/01/16 Payment - THANK YOU -325.00 -309.80 Your Local Branch Late -15.20 Charge OneMain Financial 102 W EL DORADO BV STE D FRIENDSWOOD, TX 77546 (281) 282-0872 OneMainFinancial.com Pid You Know While using public Wi-Fi, never log in to your bank or any secure siterequiring your username and password. ~ IT' CJ -D CJ I:-' I You re invited When you need additional Use your money to money, we can help! consolidate bills, help out to apply 1 for Thomas, applying is simple! As with unexpected expenses, or for what you need! a loan today. a customer, go to OneMainFinancial.com to get . Flexible payment options including AutoPay started, or get in touch with . Fixed rate your branch. Our loan specialists . Fixed term are ready to work with you. 1See back for Important Additional Information a Notices and Disclosures... account should be sent to the on your OneMain Financial Only payments PO on the remittance coupon. Box address shown address. For Do not send correspondence to this applicable: Credit Bureau Disputes correspondence, please contact us at the number shown on the front of the statement, or you may send correspondence to the following addresses as OneMain Credit Financial, BureauCorrections Dept.,6801Colwell Blvd, TX 75039; Irving, OneMain Bankruptcy Financial, Bankruptcy PO Dept.. Box6042,Sioux SD Falls, 57117-6042. In TXOneMain Financial LLC Group, ACCOUNT NUMBER: 4609 ,'OneMain. Financial SUSOMENP 00052544 Please mail this coupon with Total Payment Due $ 616.44 2016077 your payment. 102 w. EL DORADO BV STE D FRIENDSWOOD TX 77546 Payment Due Date 04/05/16 Indicate address corrections on Address Service Requested the reverse side. Late Charges Due On 04/16/16 $ 15.20 .... --, Amount enclosed: $ lllLt)~ ONEMAIN FINANCIAL THOMAS ALLISON WEEKS PO BOX 9001122 SHERRON WEEKS LOUISVILLE KY40290-1122 LEAGUE CITYTX 77573-4317 As of Description Amount Applied to Late Applied to Applied to Fees! Other Interest Principal 03/16/16 Did You Know... Additional Notices & Disclosures If you have an inquiry involving either quality of service, mistreatment, or inappropriate financial products, please call toll free 1-888-860-2437. .&: IT" -OneMain Financial offers unsecured and secured personal loans from $300 to $15,000. Minimum and maximum loan amounts vary by state. Application subject to our standard credit criteria. Cl The actual loan amount and annual percentage rate you qualify for will depend on your ability to meet the criteria, including credit history, income and debts. A consumer report is usually ...!l Cl application. Upon request, you will be informed whether a consumer report was requested and the name and address of the credit reporting obtained and reviewed in the evaluation of an I::-' may require that any existing agency furnishing any such report. Subsequent consumer reports may be requested and used in connection with an update, renewal or extension of credit. We balance you have with us be paid off by the new loan and, if there is collateral on your existing account, we may require collateral on the new loan. Before you refinance your existing balance The overall cost of refinancing an to obtain additional money, you should carefully consider the advisability of increasing your debt, your monthly obligations and the terms of repayment. existing loan balance may be greater than the cost of separate financing, If it is available. OneMain Financial loan proceeds cannot be used for college, university, or vocational expenses, including tuition, fees, and required equipment and supplies; for any business or commercial purpose; to purchase securities; or for gambling or illegal activities. OVERPAYMENT: However, interest will continue to accrue on the new outstanding balance. principal balance. The amount of any overpayment will be applied to reduce the outstanding A payment is required each month under the terms of your loan agreement Yourpayment must be received For payments made by mail, please allow 5-7 days for your payment to reach us in proper form at