Preview
@ @
MISHAELA J. GRAVES, State Bar No.: 259765 F Superior Court of Californi F
KRISTY GABRIELOVA, State Bar No.: 274827
PATRICK T. SULLIVAN, State Bar No.: 263613
County of Butte
|
DEANNA FRASER, State Bar No.: 270362 MAR 27 2017 L
CHAD K. CASEY, State Bar No.: 297552
10601-G TIERRASANTA BLVD, #4540
SAN DIEGO, CA 92124 By enuty
Telephone: (866) 300-8750
Facsimile: (858) 309-1588
Attorneys for Plaintiff
SUPERIOR COURT OF CALIFORNIA.
COUNTY OF BUTTE
CHICO COURTHOUSE
MIDLAND FUNDING LLC Case No.
10
Plaintiff, COMPLAINT FOR:
1
vs. (1) Account Stated
12
13 JOSEPH COBOS aka JOSEPH T. COBOS; PRAYER AMT: $1,312.25
and DOES | through 10, inclusive LIMITED
14
Defendant.
15
16 1 Plaintiff, MIDLAND FUNDING LLC ("Plaintiff"), is a Limited Liability Company
17 qualified to do business in California.
18 2 This court is the proper court because Plaintiff is informed and believes that Defendant
JOSEPH COBOS aka JOSEPH T. COBOS ("Defendant"), is a resident of BUTTE County, State of
19
California.
20
3 Plaintiff is unaware of the true names and capacities of Defendants sued by the fictitious
21
names DOES 1 through 10. Plaintiff will ask leave of court to amend this complaint as and when the true
22
names and capacities of Defendants named herein as DOES 1 through 10 have been’‘ascertained.
23 4. At all times herein mentioned, Defendants, and each of them, were the principals, agents,
24 employers, employees, masters, or servants of each of their co-defendants and ratified, adopted or
25 approved the acts or omissions alleged herein, and each defendant, in doing the things alleged, were
26 acting in the course and scope of said authority of such agents, servants, and employees.
5. Pursuant to California Civil Code §1788.58(a)(1), Plaintiff is a debt buyer as defined by
27
California Civil Code §1788.50(a).
28
-l-
COMPLAINT
CA_0132G File No.: 17-40923
s
@ @
6 Pursuant to California Civil Code §1788.58(a)(2), is seeking to recover the amount of
x
$1,312.25 This is the amount due on credit card account number XXXXXXXXXXXX-1900
("Account")! which was originally issued by CITIBANK, N.A.. The amount due is the result of
transactions that occurred on the Account.
7. Pursuant to California Civil Code §1788.58(a)(3), Plaintiff is the sole owner of the debt.
Attached hereto and incorporated herein by reference as Exhibit A is a true and correct copy of the Bill of
Sale from CITIBANK, N.A. to Plaintiff. The account was purchased by the Plaintiff on September 22
2014
8. Pursuant to California Civil Code §1788.58(a)(4), the Account balance at the time of
charge-off was $1,312.25
9 Plaintiff is not seeking to recover any post charge-off interest and/or fees. However, in
10
accordance with California Civil Code §1788.58(a)(4), the following is explanation of the amount that
il
the Plaintiff is seeking to recover:
12
Charge-off Balance? $1,312.25
13 Total Post Charge-Off Interest $0.00
14 Total Post Charge-Off Fees? $0.00
15 10. Pursuant to California Civil Code §1788.58(a)(5), Plaintiff alleges that the date of default
16 is December 16, 2013 and the date of the last payment was December 09, 2013 which was made to
CITIBANK, N.A..
17
i Pursuant to California Civil Code §1788.58(a)(6), Plaintiff alleges that the name of the
18
charge-off creditor at the time of the charge-off is CITIBANK, N.A.. On information and belief the
19
Plaintiff alleges that an address utilized by CITIBANK, N.A. at the time of charge-off-was 701 EAST
20 60TH STREET NORTH SIOUX FALLS SD 57117. At the time of charge off the account number
21 associated with the debt was XXXXXXXXXXXX-1900
22 12. Pursuant to California Civil Code §1788.58(a)(7), Plaintiff alleges that the name of the
23 debtor as it appeared in the records of CITIBANK, N.A. is JOSEPH T COBOS and the last known
address as it appeared in the records of CITIBANK, N.A. is PO BOX 291244 PHELAN CA 92329
24
25
! Pursuant to California Rule of Court and California Civil Code §1788.58(c) the: Account number has
26 been redacted to protect the Defendant's confidential information.
? This amount may include the charged-off principal amount and pre-charge-off acerued interest as set
27 forth in the seller data sheet attachedhereto and incorporated herein by reference as Exhibit A.
28 3 This amount is not reflective of the costs incurred in the filing and service of this action which are
recoverable pursuant to California Code of Civil Procedure § 1033.5
2-
COMPLAINT
CA_0132G File No.: 17-40923
é
>
13: Pursuant to California Civil Code §1788.58(a)(8), Plaintiff alleges t 4 the riame and address of
all post charge-off purchasers of the debt are as follows:
Name Address
MIDLAND FUNDING LLC 2365 NORTHSIDE DRIVE SUITE 300 SAN DIEGO CA
92108
14, Pursuant to California Civil Code §1788.58(a)(9) Plaintiff alleges that it has complied
with the provisions of Civil Code §1788.52 and that it informed Defendant of the assignment of the
account. Attached hereto and incorporated herein by reference as Exhibit B is a true and correct copy of
the first written communication sent to the consumer by Plaintiff.
15. Pursuant to California Civil Code §1788.58(b) attached. hereto and incorporated herein
by reference as Exhibit C is a true and correct copy of a monthly statement recording a purchase
10 transaction, payment or balance transfer while the account was active as required by California Civil
11 Code §1788.52(b).
12 16. The Account balance at the time of charge-off was $1,312.25, attached hereto and
incorporated herein by reference as Exhibit D is a true and correct copy of a billing statement that was
13
mailed to Defendant stating the balance due on the Account at or around the time of charge-off.
14
17. By this complaint, Plaintiff seeks to recover amounts of $1,312.25 from Defendant.
15
18. As alleged above, before filing this suit, all right, title and interest to the Account were
16
sold and assigned to Plaintiff. Plaintiff owns the Account and is entitled to collect on the Account as if it
17
were the original creditor. To the extent that Plaintiff acts in its capacity as successor-in-interest to the
18 original creditor or its assigns, references herein to Plaintiff may include Plaintiffs predecessor-in-
19 interest.
20 19. Before commencement of this action, Plaintiff informed Defendant in writing that it
21 intended to file this action and that this action could result in a judgment against Defendant that would
22 include court costs allowed by California Code of Civil Procedure § 1033(b)(2). Attached hereto and
incorporated herein by reference as Exhibit E is a copy of Plaintiff's most recent attempt at resolving the
23
underlying obligation.
24
MIDLAND'S EFFORTS TO RESOLVE THE UNDERLYING OBLIGATION
25
20. Plaintiff MIDLAND FUNDING LLC owns portfolios of consumer receivables, which it
26 attempts to collect. Plaintiff MIDLAND FUNDING LLC and its affiliates (collectively, “MIDLAND”)
27 generally attempt to contact consumers like Defendant through several means, such as phone calls,
28 letters, or other means, all in an effort to establish contact and to resolve the underlying obligation.
3
COMPLAINT
CA_0132G File No.: 17-40923
@ ©
In doing so, MIDLAND attempts to assess each consumer’s willingness to pay, through phone calls,
letters or other means. MIDLAND attempts to exclude consumers from its collection efforts, where
MIDLAND believes those consumers are facing extenuating circumstances or hardships that would
prevent them from making any payments.
21. When MIDLAND contacts consumers, it strives to treat consumers with respect,
compassion, and integrity. MIDLAND works with consumers in an effort to find mutually-beneficial
solutions, often offering discounts, hardship plans, and payment options. MIDLAND’ efforts are aimed
at working with consumers to repay their obligations and to attain financial recovery. MIDLAND strives
to engage in dialogue that is honorable and constructive, and to play a positive role in consumers’ lives.
22. Despite MIDLAND’s efforts to reach consumers and resolve the consumer’s obligations,
only a percentage of consumers choose to engage with MIDLAND. Those who, do are often offered
discounts or payment plans that are intended to suit their needs. MIDLAND would prefer to work with
10
consumers to establish voluntary payment arrangements resulting in the resolution of any underlying
1
obligations.
12
23. However, the majority of MIDLAND’s consumers ignore calls or letters, and some
13 simply refuse to repay their obligations despite an apparent ability to do so. When this happens,
14 MIDLAND must decide then whether to pursue collection through legal channels, including litigation
15 like the present action against Defendant. Although the Account is now in litigation, Plaintiff remains
16 willing to explore a mutually-beneficial solution through voluntary payment arrangements, if possible.
FIRST CAUSE OF ACTION
17
ACCOUNT STATED — AGAINST ALL DEFENDANTS
18
24, Plaintiff realleges and incorporates by reference the foregoing paragraphs.
19
25. Defendant opened, used, and derived benefit from the Account through Defendant’s own
20 use of the Account or by another’s use at Defendant’s direction. By using the Account, Defendant
21 expressly agreed or impliedly promised to repay Plaintiff.
22 26. Within the last four (4) years, Defendant became indebted on the Account to Plaintiff in
23 the sum of $1,312.25 on an account stated in writing by and between Plaintiff and Defendant in which it
was agreed that Defendant was indebted to Plaintiff.
24
27. Regular monthly statements were mailed to Defendant listing the debits, credits, and
25
balance due on the Account, attached as Exhibit D.
26
27
28
4.
COMPLAINT
CA_0132G File No.: 17-40923
®
.
©.
28. Defendant last made a payment on the Account on December 09, 2013 to CITIBANK, 2
NA R
29. Plaintiff has no record of Defendant objecting to the monthly statements after receipt.
30. Plaintiff has made demand on Defendant for repayment of the: account stated but
Defendant has failed to pay the balance due. Attached hereto and incorporated herein by reference as
Exhibit B is a true and correct copy of first written communication requesting payment that was sent to
the consumer by Plaintiff.
31. As of the date of this complaint there is due and owing the unpaid sum of $1,312.25.
This amount was arrived by subtracting all payments and applying all credits (if any) to the charge-off
balance of $1,312.25 as indicated on the charge-off statement, attached here to as Exhibit D.
WHEREFORE, Plaintiff prays for judgment against Defendant as follows:
On the First Cause of Action:
10
1 For the unpaid balance of $1,312.25;
1
2 Costs of suit;
12
3 Such other relief as the Court may deem just and proper.
13
14
Dated: MIDLAND FUND, LLC
15
MAR 43 2017
16
17 By:
CIMISHAELA VORAVES
18 CIKRISTY GABRIELOVA
(PATRICK T. SULLIVAN
19
(LJDEANNA FRASER
20 BeICHAD K. CASEY
21
22
23
24
25
26
27
28
5-
COMPLAINT
CA_0132G File No.: 17-40923
EXHIBIT A
AA_0125 File No.: 17-40923
LL
‘Red:
be
-- es.
BILL OF SALE AND ASSIGNMENT
THIS BILL OF SALE AND ASSIGNMENT, dated September 22, 2014, is by Citibank, N.A., a
national banking association organized under the laws of the United States, located at 701 East
60th Street North, Sioux Falls, SD 57117 (the "Bank") to Midland Funding | ELC, organized
under the laws of the State of Delaware, with its headquarters/principal place of business at 3111
Camino Del Rio North, Suite 1300, San Diego, CA_ 92108 ("Buyer").
For value received and subject to the terms and conditions of the Purchase and Sale Agreement o—
dated July 28, 2014, between Buyer and the Bank (the "Agreement"), the Bank does hereby
transfer, sell, assign, convey, grant, bargain, set over and deliver to Buyer; and to Buyer's
successors and assigns, the Accounts described in Exhibit 1 and the final electronic file.
With respect to information for the Accounts listed in Asset Schedule, to the best of the Bank’s
knowledge, the Bank represents and warrants to Buyer that (i) the Account information
constitutes the Bank’s own business records: and accurately reflects in all material respects the
information in the Bank’s database; (ii) the Account information was kept'in the,regular course
of business; (iii) the Account information was made at or near the time by, or from. information
transmitted by, a person with knowledge of the data entered into and maintained in the Account’:
database; and (iv) it is the regular practice of the Bank’s business to maintain and compile such
data. i
Citibank, N.A.
By: a=,
(Signature)
Name: Patricia Hall
Title: Financial Account Manager
Redacted”~—i
meter 7}
o
Contract
Document 1D;
a —___—. — — ee.
AFFIDAVIT OF SALE OF ACCOUNT
BY ORIGINAL CREDITOR
State of South Dakota
County of Minnehaha
Patricia Hall, being duly swom, deposes and says:
I am-the Financial Account Manager of Citibank, N.A. (“CBNA”) located at 701 Bast 60th Street
North, Sioux Falls, SD 57117, am authorized to make the statements and representations herein
I
and I am over 18 years of age. In this position, I have access to the creditor’s books and records
and am aware of the process of the sale of accounts and electronic storage of butifiess
| records.
On. or about September 22, 2014, CBNA sold a pool of charged-off accounts (tie Accounts bya
Forward Flow Purchase’ and Sale Agreement and a Bill of Sale to Midland Funding LLC. As
part of the sale of the Accounts, certain electronic records were transferred on. individual
accounts to the debt buyer. These records were kept in the ordinary course of business of
creditor.
I am not aware of any errors in the information provided about the Accounis. The above
id
statements are true to the best of my knowledge.
pe
Jt
Signed this day of Septenber > 2
Patricia Hall
Sworn before me this 3 day of. Beet =x sek
Louise Mm. Sandoval Ww jotary Public)
(Notary Seal/Stamp) Sater sodh eta
‘Commission’ es Man asoa
My Commission Expires:
Midland072814
Document
aan
CERTIFICATE OF CONFORMITY
STATE OF SOUTH DAKOTA
CITY OF SIOUX FALLS
The undersigned does hereby certify that he/she is an attomney at law duly admitted to ‘practice in
the State of South Dakota and is a resident of Sioux Falls, in the State of South Dakota; that
he/she is a person duly qualified to make this certificate of conformity pursuant to the laws of the
State of South Dakota; that the foregoing acknowledgment by Patricia Hall: named in the
foregoing instrument taken before Louise M. Sandoval, a Notary in the State of South Dakota,
was taken in the manner prescribed by such laws of the State of South Dakota, being the State in
which it was taken; and that it duly conforms with such laws and is in all respects valid: and
effective in'such state,
soh/ry
Dat
ae Efic'N. Rasmussen
Attomey at Law in the State of South Dakota
|
Midtand072814
ii
Field :
@ Field Data
ACCOUNT NUMBER 200
_-
ACCOUNT NUMBER CROSS-REFERENCE NUMBER
—..
3900 — a
ACCOUNT OPEN DATE 10-Dec-07
CHARGE OFF AMOUNT $1,312.25
CHARGE OFF DATE 14-Jul-14
— _-
DEBTOR NAME FIRST JOSEPH T
DEBTOR NAME LAST COBOS
DEBTOR RESIDENCE ADDRESS 1 PO BOX 291244
DEBTOR RESIDENCE CITY PHELAN
DEBTOR RESIDENCE PHONE 7609530765
DEBTOR SOCIAL SECURITY NUMBER #44#4Q938
DEBTOR STATE CA
DEBTOR ZIP CODE 923291244
LAST PAYMENT AMOUNT $25.00
LAST PAYMENT DATE 09-Dec-13
LAST PURCHASE DATE 23-Dec-13
SALE AMOUNT $1,312.25
Data printed by Midland Credit Management, Inc. from electronic records provided by Ci bank, N.A. pursuant to the Bill of
Sale / Assignment of Accounts transferred on or about 9/22/2014 in connection with the Sale of accounts from Citibank,
N.A. to Midland Funding, LLC. 1
:
i
EXHIBIT B
AA_0126 File No.: 17-40923
.
Welcc@ne Your account has a €Lw home
‘Midland Credit Management, Inc.
mc 8875 Aero Drive
Suite 200
San Diego, CA 92123
Nero im eL1cIL
Current Owner: Midland Funding LLC’
Original Creditor: Citibank, N.A.
——. Original Account Number: fp.
Joseph T Cobos MCM Account Number: 8564697280
PO Box 291244 Current Balance: $1,312.25
Phelan, CA 92329-1244
Wlttlattlten "htt ite AM fahytyt
09-26-2014
Dear Joseph,
‘Welcome! On 09-22-2014, your Citibank, N.A. / Best Buy account was sold to MIDLAND FUNDING LLC, which is now
the sole owner of this debt. Midland Credit Management, Inc. (‘MCM"), a debt collection company, wil ‘be collecting
‘on, and servicing your account, on behalfof MIDLAND FUNDING LLC.
Your experience with MCM will be different. Period.
1
What to expect from MCM:
Now that we are servicing the account, we have assigned the account an MCM Account Number, ssoseoraeo, MCM
will reach out to you by phone and mail over the months to come. We also have a website,
where you can login using your MCM account number to view account details.
‘
MCM, a partner you can trust.
We value your experience and understand that managing debt can be a difficult process! That is why we set standards
for how you are to be treated while working with us. Visit toleam about ‘our Consumer
Bill
of Rights or call (800) 265-8825 to experience the difference for voursell
Next Steps... You Choose.
( Enclose $1,312.25 in the envelope provided.
‘We will send a letterto you that confirms that you have no further obligation on this account.
( Ifyou need more personal service or have questions, call (800) 265-8825.
Have a great day and we look forward to hearing from you!
Sincerely,
Hector Torres, Division Manager
PS. These settlement opportunities do not alter or amend your validation rights as described on the reverse side.
This account may still be reported on your credit repart as unpaid.
We will not report your debtto the credit bureaus if you set up a payment plan, make a payment by 12-26-2014 and
make all payments as agreed.
We will report forgiveness of debt as required by IRS regulations,
Hours
e
M=The S00 =9 00pm PST Call: Pay Online at: Mail:
.00am—$ 00pm
‘Sat $0am—§00pmPST (800) 265-8625 =) www.midlandcreditontine.com Payment Certificate
Suan. 1-209
Account at a Glance
Current Balance: Current Owner: cin
$1,312.25 Midland Funding LLC. wesc Mangement Inc.
a
Purchase Dato:
(800) 265-8825 09-22-2014 fatsia
PLEASE SEE REVERSE SIDE FOR IMPORTANT DISCLOSURE INFORMATION
ee Nan XAer 1c)
MCM Account Number: 8564697280 1
Original Account Number: j1900 Directions: iH be ta
Current Balance: $1,312.25 1) Make your check payable to: Miglandi it Manadeinert, Inc.
2) Fill out the amount enclosed on the Pore te
Due Date: 41-10-2014 3) Place your check and Payment Ce isle rovided envelope
Amount Enclosed: $[ 4) Mail Payment Certificate to:
I
FEM Midland Credit Management: Wie,
Joseph T Cobos P.O. Box 60578
PO Box 291244 Los Angeles, CA 90060-0578, i
Phielan, CA 92329-1244 I"
i
vf
Hi
ee t
ii umy
. Important Disclosure Infor
(Calls to and/or from this companymmunication
Please understand this from a debt collector. This is an attempt to €:
Any Information obtained will be used for that purpose.
may be monitored or recorded.
a debt.
The records associated with the Citibank, N.A. account purchased by MIDLAND FUNDING LLC, reflect that you are
obligated on this account, which is in defauit. For further information, please call one of our Account Managers at
(800) 265-8825.
‘As the owner of this account, but subject to the rights described below, MIDLAND FUNDING LLC is entitled to payment of
—. ~-—-—this account: All communication regarding this-account should be addressed to MCM-and not the previous owner. a a
Unless you notify MCM within thirty (30) days after receiving this notice that you dispute the validity ofthe debt, or any
portion thereof, MCM will assume this debt to be v.
Ifyou notify MCM, in writing, within thirty (30) days after receiving this notice that the debt, or any portion thereof, is disputed,
MCM will obtain verification of the debt or a copy of a judgment (if there is a judgment) and MCM will mail you a copy of such -——_
verification or judgment.
you request, in writing, within thirty (30) days after receiving this notice, MCM will provide you with the name and address.
of the original creditor.
If an attomey represents you with regard to this debt, please refer this letter to your attomey. Likewise, if you are involved in
an active bankruptcy case, or if this debt has been discharged in a bankruptcy case, please refer this letter to your
bankruptcy attorney so that we may be notified.
Please remember, even if you make a payment within thirty (30) days after receiving this notice, you still have the remainder
of the thirty (30) days to exercise the rights described above.
You are hereby nolified that a negative credit report reflecting on your credit record may be submitted-to a credit reporting
agency if you fail to fulfil the terms of your credit obligations.
.
wi M RR
Communications concerning disputed debts, including an instrument tendered as full satisfaction of a debt, are to
be sent to: 8875 Aero Drive, Suite 200, San Diego, CA 92123; Attn: Consumer Support Services.
MAIL PAYMENTS TO: P.O. Box 60578, Los Angeles, CA 90060-0578
MAIL CORRESPONDENCE BUT NO PAYMENTS TO: 8875 Aero Drive, Suite 200, San Diego, CA92123
MAIL CREDIT REPORTING CORRESPONDENCE Tt ICM CREDIT REPORTING DEPARTMENT, 8875 Aero Drive, Suite
200, San Diego, CA, 92123
‘We are required under state law to notify consumers of the following rights. This list does not contain a complete
list of the rights consumers have under state and federal
IF YOU LIVE IN CALIFORNIA, THIS APPLIES TO YOU:
The state Rosenthal Fair Debt Collection Practices Act and the federal Fair Debt Collection Practices Act require that, except
under unusual circumstances, collectors may not contact you before 8 a.m. or after 9 p.m. They may not harass you by using
threats of violence or arrest or by using obscene language. Collectors may not use false or misleading statements, or call you
at work if they know or have reason to know that you may not receive personal calls at work. For the most part, collectors
‘may not tell another person, other than your attomey or spouse, about your debt. Collectors mi ntact another person to
confirm your location or enforce a judgment. For more information about debt collection activities, you may contact the
Federal Trade Commission at 1-877-FTC-HELP or http:/Avww.ftc. gov,
‘Nonprofit credit counseling services may be available in the area.
As required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a
credit-reporting agency if you fail to futfll the terms of your credit obligations.
ADDITIONAL ACCOUNT INFORMATION:
Charge-Off Balance: $1,312.25
Principal Balance: $s 1,312.25
Charge-Off Date: 07-14-2014
Total Post Charge-Off Interest: $ 0.00
Interest Rate’: 0.00%
Total Post Charge-Off Fees: $s 0.00
Last Payment Date: 12-09-2013 MCM Interest Balance: $ 0.00
Date of Default: 12-16-2013
MCM Fees: $ 0.00,
“Interest Rate used to calculate interest portion of Current Balance:s 1,312.25
the current balance due.
Debtor's Name and Last Known AddressAs They Appeared In the Charge-Off Creditor’s Records Priorto the Sale of
This Debt:
Debtor's Name: JOSEPH T COBO:
Debtor's Last Known Address: PO BOX 291244, PHELAN, CA, 92329
Charge-Off Creditor's Account Number Associated with Debt E1900
Reason For Post Charge-Off Interest andlor Fees, if any: N/A
Name and Address of Charge-Off Creditor at Time of Charge-Off:
CITIBANK, N.A.; 701 East 60th Street North, Sioux Falls, SD 57117
Complete Chain of Title Including All Post Charge-Off Purchasers of This Debt:
CITIBANK, NAA.
MIDLAND FUNDING LLC; 8875 Aero Dr. Suite 200, San Diego, CA 92123
EXHIBIT C
AA_0127 File No.: 17-40923
e Ciccount Statement
‘Send Notice
of Bling Errors and Customer Service inquiresto:
6 Customer Service: BEST BUY CREDIT SERVICES
a PO Box 790441, St. Louis, MO 63179
My Best Buy
on oy Account Inquiries:
Credit Card 1-888-574-1301 ES oe
= > =
Summary of Account Activity Payment Information
Previous Balance $657.67 New Balance $671.90
Payments -$25.00 Minimum Payment Due $41.00
Other Credits -$0.00 Payment Due Date January 7, 2014
Purchases +$0.00
Cash Advances. +$0.00 Late Payment Warning: If we do not receive your minimum payment by the
Fees Charged +$30.81 date listed above, you may have to pay alate fee up to $35.
Interest Charged +$8.42 Minimum Payment Warning: {f you make only the minimum payment each
New Balance $671.90 period, you will pay more in interest and it will take you longer to pay off your
balance, For example:
\Past Due Amount $0.00 ) cIfyou make no additional: - You will pay.off the -. ‘And you will
charges using this'card balance shown on) this end up paying an
and.each month you pay. Statement in about. imated total
Only the minimum payment 3 years $996
(Credit Limit $900.00 _) | ityou would lke information about credit counseling services, call 1-877-937-8187.
Available Credit $228.00
Statement Closing Date 12/13/2013
Next Statement Closing Date 01/13/2014
\Days in Billing Cycle 31)
a4 Seeh ic Enjoy all of the benefits that come with your My Best Buy’
co) eae Credit Card. Visit BestBuy.com/CreditCard to learn more.
You must pay your promotional balance of $219.81 in full by 02/07/14 to avoid paying deferred interest charges.
TRANSACTIONS
Trans Date Description Reference # Amount
12/09 PAY-BY-PHONE PAYMENT DEERFIELD IL P919400APEYB1AE4T $ 25.00-
poll] Tor.Niea a lela \ ae] ahs Nt INN SI NMMINIGR UU Py 4e))| =e
7 aT Tamils eS ect AVN eect}
BHNT
PLEASE SEE IMPORTANT INFORMATION ON PAGES 2 AND 4. Page 1 of 6 This Account is Issued by Citibank, N.A.
+
--¥... Please detach and
12nd return lower portion with your payment re prop it, Ret pper por for your ods.
Your Account Numberis (@ammmmmmguamge 1900
iN HONOUR AN
:
SESE
iEA Payment Due Date January 7, 2014
PO BOX 790443 New Balance $671.90
ST. LOUIS, MO 63179
el y BXPERLESS A Past Due Amount $0.00
Minimum Payment Due $41.00
TTI
IT
Sign tup for online services that make
‘Statement Enclosed ee eT
at
it easy to manage your account at
i BestBuy.com/CreditCard. Pesan oe ooh
SE EEE
Please print address changes on the reverse side.
Make Checks Payable tow
BEST BUY CREDIT SERVICES
JOSEPH T COBOS PO BOX 688910
PO BOX 291244 DES MOINES, IA 50368-8910
PHELAN, CA 92329-1244
ee
e Cc.
Information About Your Account. Proper Form. For a payment sent by mail or courier to be in proper form,
How to Avoid Paying interest on Purchases (Grace Period): you must
Your payment due date is at least 25 days after the close of each billing + Enclose a valid check or money order. No cash, gift cards,
cycle. We will not charge you any interest on purchases if you pay your or foreign currency please.
New Balance by the payment due date each month. This is called a grace + Include your name and the last four digits of your account number.
period on purchases. — a
Payment Other Than By Mall.
If you have a balance subject to a deferred interest or Waived Interest . In-Store (Where Available). Any payment in proper form accepted
Charge promotion and that promotion does not expire before the in-store will be credited as of that day. However, credit availability
payment due date, that balance (an “excluded balance”) is excluded
from the amount you must pay in full to get @ grace period on a purchase may be subject to verification of funds. Not all stores accept payments.
Contact your I | store to see if in-store payments are accepted at
balance other than an excluded balance. In addition, if you have a reduced
rate credit plan, that balance (an “excluded balance”) is excluded from that locatior
the amount you must pay in full to get a grace period on a purchase ‘Online. Go to the URL on Page 1 of your statement to make a payment.
balance other than an excluded balance. However, you must still pay any For security reasons, you may not be able to pay your entire New
separately required payment on the excluded balance. In billing cycles Balance the first time you make a payment online. The payment cutoff
in which payments are allocated to deferred interest balances first, the time for Online Bill Payments is midnight Eastern time. This means that
deferred interest balance will be reduced before any other balance on the we will credit your account as of the calendar day, based on Eastern
account. However, you will continue to get a grace period on purchases, time, that we receive your payment request,
other than an excluded balance, so long as you pay the New Balance AutoPay. Sign up at Account Online to have your payment amount
(less any excluded balance, plus any separately required payment on automatically deducted each month from the account you choose.
an excluded balance) in full by the payment due date each billing cycle Your card account will be credited on the due date with that amount.
Deferred interest offers may also be called Same As Cash or No Interest. Phone. Call the phone number on Page | of your statement to make
In addition, certain promotional offers not described above may also a payment. We may process your payment electronically after we
allow you to have a grace period on purchases without having to pay verify your identity. The payment cutoff time for Phone Payments is
all or a portion of the promotional balance by the payment due date. midnight Eastern time. This means that we will credit your account
If that is the case, the promotio
Preview
@ @ MISHAELA J. GRAVES, State Bar No.: 259765 F Superior Court of Californi F KRISTY GABRIELOVA, State Bar No.: 274827 PATRICK T. SULLIVAN, State Bar No.: 263613 County of Butte | DEANNA FRASER, State Bar No.: 270362 MAR 27 2017 L CHAD K. CASEY, State Bar No.: 297552 10601-G TIERRASANTA BLVD, #4540 SAN DIEGO, CA 92124 By enuty Telephone: (866) 300-8750 Facsimile: (858) 309-1588 Attorneys for Plaintiff SUPERIOR COURT OF CALIFORNIA. COUNTY OF BUTTE CHICO COURTHOUSE MIDLAND FUNDING LLC Case No. 10 Plaintiff, COMPLAINT FOR: 1 vs. (1) Account Stated 12 13 JOSEPH COBOS aka JOSEPH T. COBOS; PRAYER AMT: $1,312.25 and DOES | through 10, inclusive LIMITED 14 Defendant. 15 16 1 Plaintiff, MIDLAND FUNDING LLC ("Plaintiff"), is a Limited Liability Company 17 qualified to do business in California. 18 2 This court is the proper court because Plaintiff is informed and believes that Defendant JOSEPH COBOS aka JOSEPH T. COBOS ("Defendant"), is a resident of BUTTE County, State of 19 California. 20 3 Plaintiff is unaware of the true names and capacities of Defendants sued by the fictitious 21 names DOES 1 through 10. Plaintiff will ask leave of court to amend this complaint as and when the true 22 names and capacities of Defendants named herein as DOES 1 through 10 have been’‘ascertained. 23 4. At all times herein mentioned, Defendants, and each of them, were the principals, agents, 24 employers, employees, masters, or servants of each of their co-defendants and ratified, adopted or 25 approved the acts or omissions alleged herein, and each defendant, in doing the things alleged, were 26 acting in the course and scope of said authority of such agents, servants, and employees. 5. Pursuant to California Civil Code §1788.58(a)(1), Plaintiff is a debt buyer as defined by 27 California Civil Code §1788.50(a). 28 -l- COMPLAINT CA_0132G File No.: 17-40923 s @ @ 6 Pursuant to California Civil Code §1788.58(a)(2), is seeking to recover the amount of x $1,312.25 This is the amount due on credit card account number XXXXXXXXXXXX-1900 ("Account")! which was originally issued by CITIBANK, N.A.. The amount due is the result of transactions that occurred on the Account. 7. Pursuant to California Civil Code §1788.58(a)(3), Plaintiff is the sole owner of the debt. Attached hereto and incorporated herein by reference as Exhibit A is a true and correct copy of the Bill of Sale from CITIBANK, N.A. to Plaintiff. The account was purchased by the Plaintiff on September 22 2014 8. Pursuant to California Civil Code §1788.58(a)(4), the Account balance at the time of charge-off was $1,312.25 9 Plaintiff is not seeking to recover any post charge-off interest and/or fees. However, in 10 accordance with California Civil Code §1788.58(a)(4), the following is explanation of the amount that il the Plaintiff is seeking to recover: 12 Charge-off Balance? $1,312.25 13 Total Post Charge-Off Interest $0.00 14 Total Post Charge-Off Fees? $0.00 15 10. Pursuant to California Civil Code §1788.58(a)(5), Plaintiff alleges that the date of default 16 is December 16, 2013 and the date of the last payment was December 09, 2013 which was made to CITIBANK, N.A.. 17 i Pursuant to California Civil Code §1788.58(a)(6), Plaintiff alleges that the name of the 18 charge-off creditor at the time of the charge-off is CITIBANK, N.A.. On information and belief the 19 Plaintiff alleges that an address utilized by CITIBANK, N.A. at the time of charge-off-was 701 EAST 20 60TH STREET NORTH SIOUX FALLS SD 57117. At the time of charge off the account number 21 associated with the debt was XXXXXXXXXXXX-1900 22 12. Pursuant to California Civil Code §1788.58(a)(7), Plaintiff alleges that the name of the 23 debtor as it appeared in the records of CITIBANK, N.A. is JOSEPH T COBOS and the last known address as it appeared in the records of CITIBANK, N.A. is PO BOX 291244 PHELAN CA 92329 24 25 ! Pursuant to California Rule of Court and California Civil Code §1788.58(c) the: Account number has 26 been redacted to protect the Defendant's confidential information. ? This amount may include the charged-off principal amount and pre-charge-off acerued interest as set 27 forth in the seller data sheet attachedhereto and incorporated herein by reference as Exhibit A. 28 3 This amount is not reflective of the costs incurred in the filing and service of this action which are recoverable pursuant to California Code of Civil Procedure § 1033.5 2- COMPLAINT CA_0132G File No.: 17-40923 é > 13: Pursuant to California Civil Code §1788.58(a)(8), Plaintiff alleges t 4 the riame and address of all post charge-off purchasers of the debt are as follows: Name Address MIDLAND FUNDING LLC 2365 NORTHSIDE DRIVE SUITE 300 SAN DIEGO CA 92108 14, Pursuant to California Civil Code §1788.58(a)(9) Plaintiff alleges that it has complied with the provisions of Civil Code §1788.52 and that it informed Defendant of the assignment of the account. Attached hereto and incorporated herein by reference as Exhibit B is a true and correct copy of the first written communication sent to the consumer by Plaintiff. 15. Pursuant to California Civil Code §1788.58(b) attached. hereto and incorporated herein by reference as Exhibit C is a true and correct copy of a monthly statement recording a purchase 10 transaction, payment or balance transfer while the account was active as required by California Civil 11 Code §1788.52(b). 12 16. The Account balance at the time of charge-off was $1,312.25, attached hereto and incorporated herein by reference as Exhibit D is a true and correct copy of a billing statement that was 13 mailed to Defendant stating the balance due on the Account at or around the time of charge-off. 14 17. By this complaint, Plaintiff seeks to recover amounts of $1,312.25 from Defendant. 15 18. As alleged above, before filing this suit, all right, title and interest to the Account were 16 sold and assigned to Plaintiff. Plaintiff owns the Account and is entitled to collect on the Account as if it 17 were the original creditor. To the extent that Plaintiff acts in its capacity as successor-in-interest to the 18 original creditor or its assigns, references herein to Plaintiff may include Plaintiffs predecessor-in- 19 interest. 20 19. Before commencement of this action, Plaintiff informed Defendant in writing that it 21 intended to file this action and that this action could result in a judgment against Defendant that would 22 include court costs allowed by California Code of Civil Procedure § 1033(b)(2). Attached hereto and incorporated herein by reference as Exhibit E is a copy of Plaintiff's most recent attempt at resolving the 23 underlying obligation. 24 MIDLAND'S EFFORTS TO RESOLVE THE UNDERLYING OBLIGATION 25 20. Plaintiff MIDLAND FUNDING LLC owns portfolios of consumer receivables, which it 26 attempts to collect. Plaintiff MIDLAND FUNDING LLC and its affiliates (collectively, “MIDLAND”) 27 generally attempt to contact consumers like Defendant through several means, such as phone calls, 28 letters, or other means, all in an effort to establish contact and to resolve the underlying obligation. 3 COMPLAINT CA_0132G File No.: 17-40923 @ © In doing so, MIDLAND attempts to assess each consumer’s willingness to pay, through phone calls, letters or other means. MIDLAND attempts to exclude consumers from its collection efforts, where MIDLAND believes those consumers are facing extenuating circumstances or hardships that would prevent them from making any payments. 21. When MIDLAND contacts consumers, it strives to treat consumers with respect, compassion, and integrity. MIDLAND works with consumers in an effort to find mutually-beneficial solutions, often offering discounts, hardship plans, and payment options. MIDLAND’ efforts are aimed at working with consumers to repay their obligations and to attain financial recovery. MIDLAND strives to engage in dialogue that is honorable and constructive, and to play a positive role in consumers’ lives. 22. Despite MIDLAND’s efforts to reach consumers and resolve the consumer’s obligations, only a percentage of consumers choose to engage with MIDLAND. Those who, do are often offered discounts or payment plans that are intended to suit their needs. MIDLAND would prefer to work with 10 consumers to establish voluntary payment arrangements resulting in the resolution of any underlying 1 obligations. 12 23. However, the majority of MIDLAND’s consumers ignore calls or letters, and some 13 simply refuse to repay their obligations despite an apparent ability to do so. When this happens, 14 MIDLAND must decide then whether to pursue collection through legal channels, including litigation 15 like the present action against Defendant. Although the Account is now in litigation, Plaintiff remains 16 willing to explore a mutually-beneficial solution through voluntary payment arrangements, if possible. FIRST CAUSE OF ACTION 17 ACCOUNT STATED — AGAINST ALL DEFENDANTS 18 24, Plaintiff realleges and incorporates by reference the foregoing paragraphs. 19 25. Defendant opened, used, and derived benefit from the Account through Defendant’s own 20 use of the Account or by another’s use at Defendant’s direction. By using the Account, Defendant 21 expressly agreed or impliedly promised to repay Plaintiff. 22 26. Within the last four (4) years, Defendant became indebted on the Account to Plaintiff in 23 the sum of $1,312.25 on an account stated in writing by and between Plaintiff and Defendant in which it was agreed that Defendant was indebted to Plaintiff. 24 27. Regular monthly statements were mailed to Defendant listing the debits, credits, and 25 balance due on the Account, attached as Exhibit D. 26 27 28 4. COMPLAINT CA_0132G File No.: 17-40923 ® . ©. 28. Defendant last made a payment on the Account on December 09, 2013 to CITIBANK, 2 NA R 29. Plaintiff has no record of Defendant objecting to the monthly statements after receipt. 30. Plaintiff has made demand on Defendant for repayment of the: account stated but Defendant has failed to pay the balance due. Attached hereto and incorporated herein by reference as Exhibit B is a true and correct copy of first written communication requesting payment that was sent to the consumer by Plaintiff. 31. As of the date of this complaint there is due and owing the unpaid sum of $1,312.25. This amount was arrived by subtracting all payments and applying all credits (if any) to the charge-off balance of $1,312.25 as indicated on the charge-off statement, attached here to as Exhibit D. WHEREFORE, Plaintiff prays for judgment against Defendant as follows: On the First Cause of Action: 10 1 For the unpaid balance of $1,312.25; 1 2 Costs of suit; 12 3 Such other relief as the Court may deem just and proper. 13 14 Dated: MIDLAND FUND, LLC 15 MAR 43 2017 16 17 By: CIMISHAELA VORAVES 18 CIKRISTY GABRIELOVA (PATRICK T. SULLIVAN 19 (LJDEANNA FRASER 20 BeICHAD K. CASEY 21 22 23 24 25 26 27 28 5- COMPLAINT CA_0132G File No.: 17-40923 EXHIBIT A AA_0125 File No.: 17-40923 LL ‘Red: be -- es. BILL OF SALE AND ASSIGNMENT THIS BILL OF SALE AND ASSIGNMENT, dated September 22, 2014, is by Citibank, N.A., a national banking association organized under the laws of the United States, located at 701 East 60th Street North, Sioux Falls, SD 57117 (the "Bank") to Midland Funding | ELC, organized under the laws of the State of Delaware, with its headquarters/principal place of business at 3111 Camino Del Rio North, Suite 1300, San Diego, CA_ 92108 ("Buyer"). For value received and subject to the terms and conditions of the Purchase and Sale Agreement o— dated July 28, 2014, between Buyer and the Bank (the "Agreement"), the Bank does hereby transfer, sell, assign, convey, grant, bargain, set over and deliver to Buyer; and to Buyer's successors and assigns, the Accounts described in Exhibit 1 and the final electronic file. With respect to information for the Accounts listed in Asset Schedule, to the best of the Bank’s knowledge, the Bank represents and warrants to Buyer that (i) the Account information constitutes the Bank’s own business records: and accurately reflects in all material respects the information in the Bank’s database; (ii) the Account information was kept'in the,regular course of business; (iii) the Account information was made at or near the time by, or from. information transmitted by, a person with knowledge of the data entered into and maintained in the Account’: database; and (iv) it is the regular practice of the Bank’s business to maintain and compile such data. i Citibank, N.A. By: a=, (Signature) Name: Patricia Hall Title: Financial Account Manager Redacted”~—i meter 7} o Contract Document 1D; a —___—. — — ee. AFFIDAVIT OF SALE OF ACCOUNT BY ORIGINAL CREDITOR State of South Dakota County of Minnehaha Patricia Hall, being duly swom, deposes and says: I am-the Financial Account Manager of Citibank, N.A. (“CBNA”) located at 701 Bast 60th Street North, Sioux Falls, SD 57117, am authorized to make the statements and representations herein I and I am over 18 years of age. In this position, I have access to the creditor’s books and records and am aware of the process of the sale of accounts and electronic storage of butifiess | records. On. or about September 22, 2014, CBNA sold a pool of charged-off accounts (tie Accounts bya Forward Flow Purchase’ and Sale Agreement and a Bill of Sale to Midland Funding LLC. As part of the sale of the Accounts, certain electronic records were transferred on. individual accounts to the debt buyer. These records were kept in the ordinary course of business of creditor. I am not aware of any errors in the information provided about the Accounis. The above id statements are true to the best of my knowledge. pe Jt Signed this day of Septenber > 2 Patricia Hall Sworn before me this 3 day of. Beet =x sek Louise Mm. Sandoval Ww jotary Public) (Notary Seal/Stamp) Sater sodh eta ‘Commission’ es Man asoa My Commission Expires: Midland072814 Document aan CERTIFICATE OF CONFORMITY STATE OF SOUTH DAKOTA CITY OF SIOUX FALLS The undersigned does hereby certify that he/she is an attomney at law duly admitted to ‘practice in the State of South Dakota and is a resident of Sioux Falls, in the State of South Dakota; that he/she is a person duly qualified to make this certificate of conformity pursuant to the laws of the State of South Dakota; that the foregoing acknowledgment by Patricia Hall: named in the foregoing instrument taken before Louise M. Sandoval, a Notary in the State of South Dakota, was taken in the manner prescribed by such laws of the State of South Dakota, being the State in which it was taken; and that it duly conforms with such laws and is in all respects valid: and effective in'such state, soh/ry Dat ae Efic'N. Rasmussen Attomey at Law in the State of South Dakota | Midtand072814 ii Field : @ Field Data ACCOUNT NUMBER 200 _- ACCOUNT NUMBER CROSS-REFERENCE NUMBER —.. 3900 — a ACCOUNT OPEN DATE 10-Dec-07 CHARGE OFF AMOUNT $1,312.25 CHARGE OFF DATE 14-Jul-14 — _- DEBTOR NAME FIRST JOSEPH T DEBTOR NAME LAST COBOS DEBTOR RESIDENCE ADDRESS 1 PO BOX 291244 DEBTOR RESIDENCE CITY PHELAN DEBTOR RESIDENCE PHONE 7609530765 DEBTOR SOCIAL SECURITY NUMBER #44#4Q938 DEBTOR STATE CA DEBTOR ZIP CODE 923291244 LAST PAYMENT AMOUNT $25.00 LAST PAYMENT DATE 09-Dec-13 LAST PURCHASE DATE 23-Dec-13 SALE AMOUNT $1,312.25 Data printed by Midland Credit Management, Inc. from electronic records provided by Ci bank, N.A. pursuant to the Bill of Sale / Assignment of Accounts transferred on or about 9/22/2014 in connection with the Sale of accounts from Citibank, N.A. to Midland Funding, LLC. 1 : i EXHIBIT B AA_0126 File No.: 17-40923 . Welcc@ne Your account has a €Lw home ‘Midland Credit Management, Inc. mc 8875 Aero Drive Suite 200 San Diego, CA 92123 Nero im eL1cIL Current Owner: Midland Funding LLC’ Original Creditor: Citibank, N.A. ——. Original Account Number: fp. Joseph T Cobos MCM Account Number: 8564697280 PO Box 291244 Current Balance: $1,312.25 Phelan, CA 92329-1244 Wlttlattlten "htt ite AM fahytyt 09-26-2014 Dear Joseph, ‘Welcome! On 09-22-2014, your Citibank, N.A. / Best Buy account was sold to MIDLAND FUNDING LLC, which is now the sole owner of this debt. Midland Credit Management, Inc. (‘MCM"), a debt collection company, wil ‘be collecting ‘on, and servicing your account, on behalfof MIDLAND FUNDING LLC. Your experience with MCM will be different. Period. 1 What to expect from MCM: Now that we are servicing the account, we have assigned the account an MCM Account Number, ssoseoraeo, MCM will reach out to you by phone and mail over the months to come. We also have a website, where you can login using your MCM account number to view account details. ‘ MCM, a partner you can trust. We value your experience and understand that managing debt can be a difficult process! That is why we set standards for how you are to be treated while working with us. Visit toleam about ‘our Consumer Bill of Rights or call (800) 265-8825 to experience the difference for voursell Next Steps... You Choose. ( Enclose $1,312.25 in the envelope provided. ‘We will send a letterto you that confirms that you have no further obligation on this account. ( Ifyou need more personal service or have questions, call (800) 265-8825. Have a great day and we look forward to hearing from you! Sincerely, Hector Torres, Division Manager PS. These settlement opportunities do not alter or amend your validation rights as described on the reverse side. This account may still be reported on your credit repart as unpaid. We will not report your debtto the credit bureaus if you set up a payment plan, make a payment by 12-26-2014 and make all payments as agreed. We will report forgiveness of debt as required by IRS regulations, Hours e M=The S00 =9 00pm PST Call: Pay Online at: Mail: .00am—$ 00pm ‘Sat $0am—§00pmPST (800) 265-8625 =) www.midlandcreditontine.com Payment Certificate Suan. 1-209 Account at a Glance Current Balance: Current Owner: cin $1,312.25 Midland Funding LLC. wesc Mangement Inc. a Purchase Dato: (800) 265-8825 09-22-2014 fatsia PLEASE SEE REVERSE SIDE FOR IMPORTANT DISCLOSURE INFORMATION ee Nan XAer 1c) MCM Account Number: 8564697280 1 Original Account Number: j1900 Directions: iH be ta Current Balance: $1,312.25 1) Make your check payable to: Miglandi it Manadeinert, Inc. 2) Fill out the amount enclosed on the Pore te Due Date: 41-10-2014 3) Place your check and Payment Ce isle rovided envelope Amount Enclosed: $[ 4) Mail Payment Certificate to: I FEM Midland Credit Management: Wie, Joseph T Cobos P.O. Box 60578 PO Box 291244 Los Angeles, CA 90060-0578, i Phielan, CA 92329-1244 I" i vf Hi ee t ii umy . Important Disclosure Infor (Calls to and/or from this companymmunication Please understand this from a debt collector. This is an attempt to €: Any Information obtained will be used for that purpose. may be monitored or recorded. a debt. The records associated with the Citibank, N.A. account purchased by MIDLAND FUNDING LLC, reflect that you are obligated on this account, which is in defauit. For further information, please call one of our Account Managers at (800) 265-8825. ‘As the owner of this account, but subject to the rights described below, MIDLAND FUNDING LLC is entitled to payment of —. ~-—-—this account: All communication regarding this-account should be addressed to MCM-and not the previous owner. a a Unless you notify MCM within thirty (30) days after receiving this notice that you dispute the validity ofthe debt, or any portion thereof, MCM will assume this debt to be v. Ifyou notify MCM, in writing, within thirty (30) days after receiving this notice that the debt, or any portion thereof, is disputed, MCM will obtain verification of the debt or a copy of a judgment (if there is a judgment) and MCM will mail you a copy of such -——_ verification or judgment. you request, in writing, within thirty (30) days after receiving this notice, MCM will provide you with the name and address. of the original creditor. If an attomey represents you with regard to this debt, please refer this letter to your attomey. Likewise, if you are involved in an active bankruptcy case, or if this debt has been discharged in a bankruptcy case, please refer this letter to your bankruptcy attorney so that we may be notified. Please remember, even if you make a payment within thirty (30) days after receiving this notice, you still have the remainder of the thirty (30) days to exercise the rights described above. You are hereby nolified that a negative credit report reflecting on your credit record may be submitted-to a credit reporting agency if you fail to fulfil the terms of your credit obligations. . wi M RR Communications concerning disputed debts, including an instrument tendered as full satisfaction of a debt, are to be sent to: 8875 Aero Drive, Suite 200, San Diego, CA 92123; Attn: Consumer Support Services. MAIL PAYMENTS TO: P.O. Box 60578, Los Angeles, CA 90060-0578 MAIL CORRESPONDENCE BUT NO PAYMENTS TO: 8875 Aero Drive, Suite 200, San Diego, CA92123 MAIL CREDIT REPORTING CORRESPONDENCE Tt ICM CREDIT REPORTING DEPARTMENT, 8875 Aero Drive, Suite 200, San Diego, CA, 92123 ‘We are required under state law to notify consumers of the following rights. This list does not contain a complete list of the rights consumers have under state and federal IF YOU LIVE IN CALIFORNIA, THIS APPLIES TO YOU: The state Rosenthal Fair Debt Collection Practices Act and the federal Fair Debt Collection Practices Act require that, except under unusual circumstances, collectors may not contact you before 8 a.m. or after 9 p.m. They may not harass you by using threats of violence or arrest or by using obscene language. Collectors may not use false or misleading statements, or call you at work if they know or have reason to know that you may not receive personal calls at work. For the most part, collectors ‘may not tell another person, other than your attomey or spouse, about your debt. Collectors mi ntact another person to confirm your location or enforce a judgment. For more information about debt collection activities, you may contact the Federal Trade Commission at 1-877-FTC-HELP or http:/Avww.ftc. gov, ‘Nonprofit credit counseling services may be available in the area. As required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit-reporting agency if you fail to futfll the terms of your credit obligations. ADDITIONAL ACCOUNT INFORMATION: Charge-Off Balance: $1,312.25 Principal Balance: $s 1,312.25 Charge-Off Date: 07-14-2014 Total Post Charge-Off Interest: $ 0.00 Interest Rate’: 0.00% Total Post Charge-Off Fees: $s 0.00 Last Payment Date: 12-09-2013 MCM Interest Balance: $ 0.00 Date of Default: 12-16-2013 MCM Fees: $ 0.00, “Interest Rate used to calculate interest portion of Current Balance:s 1,312.25 the current balance due. Debtor's Name and Last Known AddressAs They Appeared In the Charge-Off Creditor’s Records Priorto the Sale of This Debt: Debtor's Name: JOSEPH T COBO: Debtor's Last Known Address: PO BOX 291244, PHELAN, CA, 92329 Charge-Off Creditor's Account Number Associated with Debt E1900 Reason For Post Charge-Off Interest andlor Fees, if any: N/A Name and Address of Charge-Off Creditor at Time of Charge-Off: CITIBANK, N.A.; 701 East 60th Street North, Sioux Falls, SD 57117 Complete Chain of Title Including All Post Charge-Off Purchasers of This Debt: CITIBANK, NAA. MIDLAND FUNDING LLC; 8875 Aero Dr. Suite 200, San Diego, CA 92123 EXHIBIT C AA_0127 File No.: 17-40923 e Ciccount Statement ‘Send Notice of Bling Errors and Customer Service inquiresto: 6 Customer Service: BEST BUY CREDIT SERVICES a PO Box 790441, St. Louis, MO 63179 My Best Buy on oy Account Inquiries: Credit Card 1-888-574-1301 ES oe = > = Summary of Account Activity Payment Information Previous Balance $657.67 New Balance $671.90 Payments -$25.00 Minimum Payment Due $41.00 Other Credits -$0.00 Payment Due Date January 7, 2014 Purchases +$0.00 Cash Advances. +$0.00 Late Payment Warning: If we do not receive your minimum payment by the Fees Charged +$30.81 date listed above, you may have to pay alate fee up to $35. Interest Charged +$8.42 Minimum Payment Warning: {f you make only the minimum payment each New Balance $671.90 period, you will pay more in interest and it will take you longer to pay off your balance, For example: \Past Due Amount $0.00 ) cIfyou make no additional: - You will pay.off the -. ‘And you will charges using this'card balance shown on) this end up paying an and.each month you pay. Statement in about. imated total Only the minimum payment 3 years $996 (Credit Limit $900.00 _) | ityou would lke information about credit counseling services, call 1-877-937-8187. Available Credit $228.00 Statement Closing Date 12/13/2013 Next Statement Closing Date 01/13/2014 \Days in Billing Cycle 31) a4 Seeh ic Enjoy all of the benefits that come with your My Best Buy’ co) eae Credit Card. Visit BestBuy.com/CreditCard to learn more. You must pay your promotional balance of $219.81 in full by 02/07/14 to avoid paying deferred interest charges. TRANSACTIONS Trans Date Description Reference # Amount 12/09 PAY-BY-PHONE PAYMENT DEERFIELD IL P919400APEYB1AE4T $ 25.00- poll] Tor.Niea a lela \ ae] ahs Nt INN SI NMMINIGR UU Py 4e))| =e 7 aT Tamils eS ect AVN eect} BHNT PLEASE SEE IMPORTANT INFORMATION ON PAGES 2 AND 4. Page 1 of 6 This Account is Issued by Citibank, N.A. + --¥... Please detach and 12nd return lower portion with your payment re prop it, Ret pper por for your ods. Your Account Numberis (@ammmmmmguamge 1900 iN HONOUR AN : SESE iEA Payment Due Date January 7, 2014 PO BOX 790443 New Balance $671.90 ST. LOUIS, MO 63179 el y BXPERLESS A Past Due Amount $0.00 Minimum Payment Due $41.00 TTI IT Sign tup for online services that make ‘Statement Enclosed ee eT at it easy to manage your account at i BestBuy.com/CreditCard. Pesan oe ooh SE EEE Please print address changes on the reverse side. Make Checks Payable tow BEST BUY CREDIT SERVICES JOSEPH T COBOS PO BOX 688910 PO BOX 291244 DES MOINES, IA 50368-8910 PHELAN, CA 92329-1244 ee e Cc. Information About Your Account. Proper Form. For a payment sent by mail or courier to be in proper form, How to Avoid Paying interest on Purchases (Grace Period): you must Your payment due date is at least 25 days after the close of each billing + Enclose a valid check or money order. No cash, gift cards, cycle. We will not charge you any interest on purchases if you pay your or foreign currency please. New Balance by the payment due date each month. This is called a grace + Include your name and the last four digits of your account number. period on purchases. — a Payment Other Than By Mall. If you have a balance subject to a deferred interest or Waived Interest . In-Store (Where Available). Any payment in proper form accepted Charge promotion and that promotion does not expire before the in-store will be credited as of that day. However, credit availability payment due date, that balance (an “excluded balance”) is excluded from the amount you must pay in full to get @ grace period on a purchase may be subject to verification of funds. Not all stores accept payments. Contact your I | store to see if in-store payments are accepted at balance other than an excluded balance. In addition, if you have a reduced rate credit plan, that balance (an “excluded balance”) is excluded from that locatior the amount you must pay in full to get a grace period on a purchase ‘Online. Go to the URL on Page 1 of your statement to make a payment. balance other than an excluded balance. However, you must still pay any For security reasons, you may not be able to pay your entire New separately required payment on the excluded balance. In billing cycles Balance the first time you make a payment online. The payment cutoff in which payments are allocated to deferred interest balances first, the time for Online Bill Payments is midnight Eastern time. This means that deferred interest balance will be reduced before any other balance on the we will credit your account as of the calendar day, based on Eastern account. However, you will continue to get a grace period on purchases, time, that we receive your payment request, other than an excluded balance, so long as you pay the New Balance AutoPay. Sign up at Account Online to have your payment amount (less any excluded balance, plus any separately required payment on automatically deducted each month from the account you choose. an excluded balance) in full by the payment due date each billing cycle Your card account will be credited on the due date with that amount. Deferred interest offers may also be called Same As Cash or No Interest. Phone. Call the phone number on Page | of your statement to make In addition, certain promotional offers not described above may also a payment. We may process your payment electronically after we allow you to have a grace period on purchases without having to pay verify your identity. The payment cutoff time for Phone Payments is all or a portion of the promotional balance by the payment due date. midnight Eastern time. This means that we will credit your account If that is the case, the promotio