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KRISTY GABRIELOVA, State Bar No.: 274827
10601-G TIERRASANTA BLVD, #4540 F Superior Court of Californi F
SAN DIEGO, CA 92124 County of Butte
Telephone: (866) 300-8750
Facsimile: (858) 309-1588 JUL, 13 201
Attorneys for Plaintiff
SUPERIOR COURT OF CALIFORNIA
tb ra
f Deputy
COUNTY OF BUTTE
CHICO COURTHOUSE
V
MIDLAND FUNDING LLC Case No.
Plaintiff, COMPLAI
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vs. (1) Account Stated 2z
10
JOHNATHON RITTMILLER; PRAYER AMT: $1,224.51
ll and DOES 1 through 10, inclusive LIMITED
12
Defendant.
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14 1 Plaintiff, MIDLAND FUNDING LLC ("Plaintiff"), is a Limited Liability Company
qualified to do business in California.
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2. This court is the proper court because Plaintiff is informed and believes that Defendant
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JOHNATHON RITTMILLER ("Defendant"), is a resident of BUTTE County, State of California.
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3. Plaintiff is unaware of the true names and capacities of Defendants sued by the fictitious
18 names DOES | through 10. Plaintiff will ask leave of court to amend this complaint as and when the true
19 names and capacities of Defendants named herein as DOES 1 through 10 have been ascertained.
20 4 At all times herein mentioned, Defendants, and each of them, were the principals, agents,
21 employers, employees, masters, or servants of each of their co-defendants and ratified, adopted or
approved the acts or omissions alleged herein, and each defendant, in doing the things alleged, were
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acting in the course and scope of said authority of such agents, servants, and employees.
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5 Pursuant to California Civil Code §1788.58(a)(1), Plaintiff is a debt buyer as defined by
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California Civil Code §1788.50(a).
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26
27
COM: PLANT
CA_0132G File No.: 17-116805
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6 Pursuant to California Civil Code §1788.58(a)(2), is seeking to recover the amount of
$1,224.51. This is the amount due on credit card account number XXXXXXXXXXXX-8648
("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 May 27, 2016.
8. Pursuant to California Civil Code §1788.58(a)(4), the Account balance at the time of
charge-off was $1,224.51.
9 Plaintiff is not seeking to recover any post charge-off interest and/or fees. However, in
accordance with California Civil Code §1788.58(a)(4), the following is explanation of the amount that
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the Plaintiff is seeking to recover:
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Charge-off Balance? $1,224.51
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Total Post Charge-Off Interest $0.00
13 Total Post Charge-Off Fees* $0.00
14 10. Pursuant to California Civil Code §1788.58(a)(5), Plaintiff alleges that the date of default
15 was August 14, 2015.
16 ll. Pursuant to California Civil Code §1788.58(a)(6), Plaintiff alleges that the name of the
charge-off creditor at the time of the charge-off is CITIBANK, N.A.. On information and belief the
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Plaintiff alleges that an address utilized by CITIBANK, N.A. at the time of charge-off was 701 EAST
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60TH STREET NORTH SIOUX FALLS SD 57117. At the time of charge off the account number
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associated with the debt was XXXXXXXXXXXX-8648.
20 12. Pursuant to California Civil Code §1788.58(a)(7), Plaintiff alleges that the name of the
21 debtor as it appeared in the records of CITIBANK, N.A. is JOHNATHON RITTMILLER and the last
22 known address as it appeared in the records of CITIBANK, N.A. is 1659 LETA LN OROVILLE CA
23 95965.
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1 Pursuant to California Rule of Court and California Civil Code §1788.58(c) the Account number has
25 been redacted to protect the Defendant's confidential information.
? This amount may include the charged-off principal amount and pre-charge-off accrued interest as set
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forth in the seller data sheet attachedhereto and incorporated herein by reference as Exhibit A.
27 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.
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2.
COMPLAINT
CA_0132G File No.: 17-116805
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13. Pursuant to’ California cwil Code §1788.58(a)(8), Plaintiff alleges tnat the name 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 $1,224.51, attached hereto and
13 incorporated herein by reference as Exhibit D is a true and correct copy of a billing statement that was
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 $1,224.51 from Defendant.
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18. As alleged above, before filing this suit, all right, title and interest to the Account were
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sold and assigned to Plaintiff. Plaintiff owns the Account and is entitled to collect on the Account as if it
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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 Plaintiff's 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.: 17-116805
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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’s 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
M1
obligations.
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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
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ACCOUNT STATED - AGAINST ALL DEFENDANTS
18
24, Plaintiff realleges and incorporates by reference the foregoing paragraphs.
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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 $1,224.51 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
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COMBLAINT
CA_0132G File No.: 17-116805
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28. The account balance at the time of charge off was $1,224.51.
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 $1,224.51.
This amount was arrived by subtracting all payments and applying all credits (if any) to the charge-off
balance of $1,224.51 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:
1 For the unpaid balance of $1,224.51;
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2. Costs of suit;
i
3 Such other relief as the Court may deem just and proper.
12
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14 Dated: JUN 27 2017 MIDLAND FUNDING LLC
15
16 By: x STELIOS HARRIS 242116
RISTY GABRIELOVA
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COMPLAINT
CA_0132G File No.: 17-116805
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EXHIBIT 2
BILL OF SALE AND ASSIGNMENT
THIS BILL OF SALE AND ASSIGNMENT dated May 27,.2016, 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 LLC, a limited
liability company organized under the laws of the Delaware, with its headquarters/principal place
of business at 3111 Camino del Rio North, Suite 103, San Diego, CA 92108 (“Buyer”).
For value received and subject to the terms and conditions of the Purchase and Sale Agreement
dated May 25, 2016, 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 (Asset Schedule) and the Final
Electronic File. :
With respect to information for the Accounts listed in Exhibit 1 (Asset Schedule) and the Final
Electronic File, 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’s
database; and (iv) it is the regular practice of the Bank’s business to maintain and compile such
data.
Citibank, N.A.
By:
(Signatur
‘Tord E. Borgman, SVP
Name: GEID: 000049182:
11500 NW Ambassador Drive, Sta. 400
Kansas City, MO 64153
fer, mi id.com
Title: 5
Se
EXHIBIT 1.
ASSET SCHEDULE
The individual Accounts transferred are described in the Fin
and
delivered by the Bank to Buyer, the same deemed attached hereto by
this reference.
#of Sale Cut-Off
Lot Sale ID Accounts Sale Balance Rate Date
AFFIDAVIT OF SALE OF ACCOUNT
BY ORIGINAL CREDITOR
State of Missouri
County of Platte
Terri Bergman, being duly swom, deposes and says:
I am the Senior Vice President of Citibank, N.A. (“CBNA”) located at 701, East 60th Street
North, Sioux Falls, SD 57117, am authorized to make the statements ‘and representations herein
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 business records.
On or about May 27, 2016, CBNA sold a pool of charged-off accounts (the Accounts) by a
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 Accounts, The above
statements are true to the best of my knowledge.
Signed this___5 ~~ day ot Digest Adie
Swom before me this S day of Bua \G
9.2
(Notary Public)
(Notary Seal/Stamp)
My Commission-Expires: NOV 04 2016
‘SHERRI SMITH
Notary Public - Notary Seat
State of Missourl, Platte County
Commission Number 12672351
My Commission Expires Nov 4, 2016
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CERTIFICATE OF CONFORMITY
STATE .OF Missouri
CITY OF Kansas City
The undersigned does hereby certify that he/she is an attomey at law duly admitted to practice in
the State of YSSouct and is a resident of. ovgle in the State of Teagan sr
;-that he/she is a person duly qualified to this certificate of
conformity pursuant 0 the laws of the State of Missouri; that the foregoing acknowledgment by
Terri Bergman named in the foregoing instrument taken before a Notary in the
State of Missouri, was taken in the manner prescribed by such laws of the State of Missouri,
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.
S-T- Don Q f Melly #oLsvy
Date mey at Law
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Field Field Data
ACCOUNT NUMBER ME <<:
SALE AMOUNT $1,224.51
CHARGE OFF BALANCE $1,224.51
ACCOUNT OPEN DATE 16-Jun-15,
CHARGE OFF DATE 14-Feb-16
LAST PAYMENT AMOUNT $0.00
LAST PURCHASE AMOUNT $800.00
LAST PURCHASE DATE 17-Jun-15
CONSUMER FIRST AND MIDDLE NAME JOHNATHON
CONSUMER LAST NAME RITTMILLER
CONSUMER RESIDENCE ADDRESS 1 1659 LETALN
CONSUMER RESIDENCE CITY OROVILLE
CONSUMER STATE CA
CONSUMER ZIP CODE 959653022
CONSUMER RESIDENCE PHONE 9076878234
CONSUMER SSN OR SIN *HTEXEAEG
CONSUMER BIRTH DATE 05/1989
Data printed from electronic records provided by Citibank, N.A. pursuant to the Bill of Sale / Assignment of Accounts
transferred on or about 05/27/2016 in connection with the sale of accounts from Citibank, N.A. to Midland Funding, LLC.
EXHIBIT B
AA_0126 File No.: 17-116805
Welcome Your account has a new home
Mail Payments To:
Midland Credit Management. inc.
me P.O. BOX 13105
ROANOKE, VA 24031-3105
RSet Ps
UEP as
Teen
Current Owner: Midland Funding LLC
Original Creditor: Citibank, NA.
Original Account Number
P27368 Johnathon Rittmiller MCM Account Number: 8570873162
1659 Leta Ln Current Balance: $1,224.51
Oroville, CA 95965-3022
flat fay 8 og
06-22-2016
Dear Johnathon,
‘Welcome! On 05-27-2016, your Citibank, N.A. / National Tire & Battery (NTB) 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, will be collecting on, and servicing your account, on behalf of MIDLAND FUNDING LLC.
‘Your experience with MCM will be different. Period.
‘What to expect from MCM:
Now that we are servicing the account, we have assigned the account an MCM Account Number, 8570873162. MCM
will reach out to you by phone and mail over the months to come. We also have a website,
www,midlandcreditonling.com, 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 dabt can be a difcult process! That is why we sel standards
for how you are to be treated while working with us. Visit in to learn about our Consumer
Bill of Rights ot call (866) 361-0420 to experience the difference ‘or yourself.
Next Steps... You Choose.
Enclose $1,224.51 in the envelope provided.
We will send a letter to you that confirms that you have no further obligation on this account.
(« you need more personal service or have questions, call (866) 361-0420.
Have a great day and we look forward to hearing from you!
Sincerely,
Nick Sondi
Midland Credit Management, inc.
P.S. These payment opportunities do not alter or amend your validation rights as described on the reverse side.
This account may still be reported on your credit report as unpaid,
‘We will not report your debt to the credit bureaus if you set up a payment plan, make a payment by 09-22-2016 and
make all payments as agreed.
We are not obligated to renew this offer.
Hours of Operation:
©) Call: Pay Onli at Mail:
Mon - Fri: 11:00am - 7:30pm EST www.midlanderediteniine.com Payment Certificate
(866) 361-0420
ee
Few 5 (Current Balance: jurrent Owner: jurrant Serv)
se $1,224.57 " MIDLAND FUNDING Midland CreditMar amen3 ine33
be ‘Gan Purchase Dat __ Offer Expiration Date:
(666) 363-1 020." 05-27:2016 * 08-06-2016
PLEASE SEE REVERSE SIDE FOR IMPORTANT DISCLOSURE INFORMATION
aad
cs ore x est wae
Siew SMe jai tt
—
MCM Account Number "8570873162
Original Account Number me
Current Balance: $1,224.51 1) Make your check payable to: Midland Crédit Manageme ine:
2) Fill out thie amount enclosed on the Payment Certificate
Due Date: i 08-06-2016. 3) Place your ¢heck and Fayant Cares nthe proved evap
_{Ainount Enclosed: <4) Mall Payment
ae
fidtand ae Manacemen ine, .
‘Jonnaingh Rimi: vei te *P.0:°BOX 13105,
1659 Leta Ln IOKE; ee
Oroville, CA" 95865-5022 Te VA 24031. Be ye
ROL ays MO
RS
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Important Disclosure information:
( Please understand this is a communication from a debt collector. This is an attempt to collect a debt.
Any information obtained will be used for that purpose.
( PLEASE SEE REVERSE SIDE FOR IMPORTANT DISCLOSURE INFORMATION
Calls to and/or from this company may be monitored or recorded.
‘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 default
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.
Unless you notify MCM within thirty (30) days after receiving this notice that you dispute the validity of the debt, or any.
Portion thereof,.MCM will assume this debt to be valid,
{f you notify MCM, in writing, within thirty (30) days after receiving this notice that the debt, or any portion thereof, is disputed,
MCM wil 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.
fan attomey represents you with ard fo this debt. please refer this letter to your attomey. Likewise il you ae involved in
an active bankruptcy case, or if this discharged in a bankruptcy case, please refer this letter to your
Eadtsupiey stomey’eo that we may be noltied.
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 righis described above.
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 fulfil the terms of your credit obligations.
WIN JONFt
Communications concerning disputed debts, including an instrument tendered as full satisfaction of a debt, are to
be sent to: 2365 Northside Drive, Suite 300, San Diego, CA 92108; Attn: Consumer Support Services.
MAIL PAYMENTS TO: P.O. Box 60578, Los Angeles, CA 90060-0578
MAIL CORRESPONDENCE BUT NO PAYMENTS TC 365 Northside Drive, Suite 300, San Diego, CA92108
MAIL CREDIT REPORTING CORRESPONDENCE TO: MCM CREDIT REPORTING DEPARTMENT, 2365 Northside Drive,
Suite 300, San Diego, CA 92108
We are required under state law to notify consumers of the following rights. This list does net contain a complete
list of the-rights consumers have under state and federal law:
IF YOU LIVE IN COLORADO, THIS APPLIES TO YOU:
FOR INFORMATION ABOUT THE COLORADO FAIR DEBT COLLECTION PRACTICES ACT, SEE WWW.COAG.GOV/CAR
Acconsumer has the right to request in writing that a debt collector or collection agency cease further communication with the
‘consumer. A written request to cease communication will not prohibit the debt collector or collection agency from taking any
other action authorized by law to collact the debt.
Midland Credit Management has a Colorado office with the following address and telephone number: Bullding B, 80 Garden
Center, Suite 3, Broomfield, CO 80020. Telephone number: (303) 8:
‘Only physical in-person payments may be accepted at this office location. All payments made via mall should be
sent to the following address: Box 60578, Los Angeles, CA 90060-05;
IF YOU LIVE IN MASSACHUSETTS, THIS APPLIES TO YOU:
NOTICE OF IMPORTANT RIGHTS: You have the right to make a written or ora! request that telephone calls regarding your
debt not be made to you at your place of employment. Any such oral request will be valid for only ten (10) days unless you
provide written confirmation of the request postmarked or delivered within seven (7) days of such request. You may terminate
this request by writing to Midland Credit Management, Inc.
IF YOU LIVE IN MINNESOTA, THIS APPLIES TO YOU:
This collection agency is licensed by the Minnesota Dept. of Commerce.
IF YOU LIVE IN NEW YORK CITY, THIS APPLIES TO YOU:
New York City Department of Consumer Affairs License Number 1140603, 1207829, 1207820, 1227728, 2022587, 2023151
2023152, 2027429, 2027430, 2027431
IF YOU LIVE IN NORTH CAROLINA, THIS APPLIES TO YOU:
North Carolina Department of Insurance Permit #101659, #4182, #4250, #3777, #111895, and #112039, Midland Credit
‘Management, inc. 2365 Northside Drive, Suite 300, San Diego, CA 92108.
IF YOU LIVE IN TENNESSEE, THIS APPLIES TO YOU:
This collection agency is licensed by the Collection Service Board of the Department of Commerce and Insurance.
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. of 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 attorney or spouse, about your debt. Collectors may contact 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-F TC-HELP or httov/wwwsftc.aov.
“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 fal to fulfill the terms of your credit obligations.
4F YOU LIVE IN UTAH, THIS APPLIES TO YOU:
As required by Utah law, 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.
IF YOU LIVE IN WYOMING, THIS APPLIES TO YOU:
As required by law, you are hereby notified that a negative credit report on your credit record may be submitted to a credit
reporting agency if you fail o fulfil the terms of your credit obligations.
EXHIBIT C
AA_0127 File No.: 17-116805
Account Statement
Sond Notion of B Errors and Customer Service Inquiries to:
BIQO TIRES C:
BIG QTIRES
Customer Service: PO Bex 3493, Sis Salle SD, 57 117-6493
servi icecentralaccountonline.com
Account Inquiries: TE z.
1-866-533-8534 Account Number:
THE TEAM YOU TRUST’
Summary of Account Activity Payment Information
Previous Balance $0.00 New Balance $800.00
Payments -$0.00 Minimum Payment Due $25.00
Other Credits -$0.00 Payment Due Date August10, 2015
Purchases. +$800.00
Cash Advances +$0.00 Late Payment Warning: If we do not receive your minimum payment by the
Fees Charged +S0.00 date listed above, you may have to pay alate fee up to $35,
Interest Charged +80,00 Minimum Payment Warning: It you make only the minimum payment each
New Balance $800.00 period, you will pay more in interest and it will take you longer to pay off your
balance. For exam
Past Due Amount $0.00 lf ‘make no additional You will pay
off the ‘Andyou wil
charges using thi ‘balance this, end up paying an
‘and each month you pal ‘estimated totalof.
(Credit Limit $800.00 Only the minimum payment 5 years $1,606
Available Credit $0.00 $34 S years $1,235
Amount Over Credit Limit $0.00 (Savings=$3/1)
Statement Closing Date 07/14/2015 It you would lke information about credit counseling services. call 1 8// 33/ B18/.
Next Statement Closing Date 98/14/2015
Days in Billing Cycle 2g
i 753
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‘You must pay your promotional balance of $800.00 in full by 01/10/16 to avoid paying daferred interest charges.
Please note that il we received your pay by phone or online payment between 5 p.m. ET and midnight ET on the last day of your biliing period, your
payment will not be reflected until your next statement.
Please update your phone number, including cell phone number on the back of the payment coupon.
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PLEASE SEL IMPOHIANE INFOHMATION ON PAGES 2 AND 4. Page 1016 This Account is Issued by Citibank, NA.
= wenennee: W ___Piease detaca and
tecn ane ret. 2wet portion with your payment to nsule proper credit. Retain us pttion
tion forBe your resords. ae
BIGQTIRES.
THE TEAM You TRUST"
Your Account Number ie a:
i {ut i
Ri ae Payment Due Date August 10, 2015
Lon a New Balance $800.00
Past Due Amount $0.00
BF Louie Mo63179 3 ies
Minimum Payment Due
rie
rl $25.00
Oy iyo
Statement Enclosed Cg
2
i it Enclosed:
n3c) Saf
BES
Please print address changes on the reverse side.
Make Checks Payable tow:
BIG O TIRES CREDIT PLAN.
JYOHNATHON RITTMILLER PO BOX 183015,
1859 LETALN COLUMBUS, OH 43218-3015
OROVILLE.CA 95965-3022
ee
Ne
information About Your Account. When Your Payment Will Be Credited. (f we recive your paytnent in
How to Avoid Paying Interest on Purchases. Your payment due date is proper form at our processing taclity by 5 p.m. focal time there, It will be
atleast days after the close of each b cycle. We will not charge you Credited a of t t day, A pzyrient recaived there in proper tor after that
any interest orp: ur £ you pey yout Now Balance by the payment time wall be creaited as of the naxt day. Allow 5 to 7 days tor payments by
date each month. isis called a grace per don purchases. To get a grace reguiar mai to reach us, There may be a detayof up to 5 days in crossing
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x0 ~ - Se KRISTY GABRIELOVA, State Bar No.: 274827 10601-G TIERRASANTA BLVD, #4540 F Superior Court of Californi F SAN DIEGO, CA 92124 County of Butte Telephone: (866) 300-8750 Facsimile: (858) 309-1588 JUL, 13 201 Attorneys for Plaintiff SUPERIOR COURT OF CALIFORNIA tb ra f Deputy COUNTY OF BUTTE CHICO COURTHOUSE V MIDLAND FUNDING LLC Case No. Plaintiff, COMPLAI We 01974 vs. (1) Account Stated 2z 10 JOHNATHON RITTMILLER; PRAYER AMT: $1,224.51 ll and DOES 1 through 10, inclusive LIMITED 12 Defendant. 13 14 1 Plaintiff, MIDLAND FUNDING LLC ("Plaintiff"), is a Limited Liability Company qualified to do business in California. 15 2. This court is the proper court because Plaintiff is informed and believes that Defendant 16 JOHNATHON RITTMILLER ("Defendant"), is a resident of BUTTE County, State of California. 17 3. Plaintiff is unaware of the true names and capacities of Defendants sued by the fictitious 18 names DOES | through 10. Plaintiff will ask leave of court to amend this complaint as and when the true 19 names and capacities of Defendants named herein as DOES 1 through 10 have been ascertained. 20 4 At all times herein mentioned, Defendants, and each of them, were the principals, agents, 21 employers, employees, masters, or servants of each of their co-defendants and ratified, adopted or approved the acts or omissions alleged herein, and each defendant, in doing the things alleged, were 22 acting in the course and scope of said authority of such agents, servants, and employees. 23 5 Pursuant to California Civil Code §1788.58(a)(1), Plaintiff is a debt buyer as defined by 24 California Civil Code §1788.50(a). 25 26 27 COM: PLANT CA_0132G File No.: 17-116805 =. SS Ne_ 6 Pursuant to California Civil Code §1788.58(a)(2), is seeking to recover the amount of $1,224.51. This is the amount due on credit card account number XXXXXXXXXXXX-8648 ("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 May 27, 2016. 8. Pursuant to California Civil Code §1788.58(a)(4), the Account balance at the time of charge-off was $1,224.51. 9 Plaintiff is not seeking to recover any post charge-off interest and/or fees. However, in accordance with California Civil Code §1788.58(a)(4), the following is explanation of the amount that 10 the Plaintiff is seeking to recover: 11 Charge-off Balance? $1,224.51 12 Total Post Charge-Off Interest $0.00 13 Total Post Charge-Off Fees* $0.00 14 10. Pursuant to California Civil Code §1788.58(a)(5), Plaintiff alleges that the date of default 15 was August 14, 2015. 16 ll. Pursuant to California Civil Code §1788.58(a)(6), Plaintiff alleges that the name of the charge-off creditor at the time of the charge-off is CITIBANK, N.A.. On information and belief the 17 Plaintiff alleges that an address utilized by CITIBANK, N.A. at the time of charge-off was 701 EAST 18 60TH STREET NORTH SIOUX FALLS SD 57117. At the time of charge off the account number 19 associated with the debt was XXXXXXXXXXXX-8648. 20 12. Pursuant to California Civil Code §1788.58(a)(7), Plaintiff alleges that the name of the 21 debtor as it appeared in the records of CITIBANK, N.A. is JOHNATHON RITTMILLER and the last 22 known address as it appeared in the records of CITIBANK, N.A. is 1659 LETA LN OROVILLE CA 23 95965. 24 1 Pursuant to California Rule of Court and California Civil Code §1788.58(c) the Account number has 25 been redacted to protect the Defendant's confidential information. ? This amount may include the charged-off principal amount and pre-charge-off accrued interest as set 26 forth in the seller data sheet attachedhereto and incorporated herein by reference as Exhibit A. 27 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. 28 2. COMPLAINT CA_0132G File No.: 17-116805 ~ .\ , s 13. Pursuant to’ California cwil Code §1788.58(a)(8), Plaintiff alleges tnat the name 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 $1,224.51, attached hereto and 13 incorporated herein by reference as Exhibit D is a true and correct copy of a billing statement that was 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 $1,224.51 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 Plaintiff's 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.: 17-116805 ‘ ~ 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’s 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 M1 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 $1,224.51 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 COMBLAINT CA_0132G File No.: 17-116805 %, \ 28. The account balance at the time of charge off was $1,224.51. 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 $1,224.51. This amount was arrived by subtracting all payments and applying all credits (if any) to the charge-off balance of $1,224.51 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: 1 For the unpaid balance of $1,224.51; 10 2. Costs of suit; i 3 Such other relief as the Court may deem just and proper. 12 13 14 Dated: JUN 27 2017 MIDLAND FUNDING LLC 15 16 By: x STELIOS HARRIS 242116 RISTY GABRIELOVA 17 18 19 20 21 22 23 24 25 26 27 28 COMPLAINT CA_0132G File No.: 17-116805 woe EXHIBIT 2 BILL OF SALE AND ASSIGNMENT THIS BILL OF SALE AND ASSIGNMENT dated May 27,.2016, 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 LLC, a limited liability company organized under the laws of the Delaware, with its headquarters/principal place of business at 3111 Camino del Rio North, Suite 103, San Diego, CA 92108 (“Buyer”). For value received and subject to the terms and conditions of the Purchase and Sale Agreement dated May 25, 2016, 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 (Asset Schedule) and the Final Electronic File. : With respect to information for the Accounts listed in Exhibit 1 (Asset Schedule) and the Final Electronic File, 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’s database; and (iv) it is the regular practice of the Bank’s business to maintain and compile such data. Citibank, N.A. By: (Signatur ‘Tord E. Borgman, SVP Name: GEID: 000049182: 11500 NW Ambassador Drive, Sta. 400 Kansas City, MO 64153 fer, mi id.com Title: 5 Se EXHIBIT 1. ASSET SCHEDULE The individual Accounts transferred are described in the Fin and delivered by the Bank to Buyer, the same deemed attached hereto by this reference. #of Sale Cut-Off Lot Sale ID Accounts Sale Balance Rate Date AFFIDAVIT OF SALE OF ACCOUNT BY ORIGINAL CREDITOR State of Missouri County of Platte Terri Bergman, being duly swom, deposes and says: I am the Senior Vice President of Citibank, N.A. (“CBNA”) located at 701, East 60th Street North, Sioux Falls, SD 57117, am authorized to make the statements ‘and representations herein 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 business records. On or about May 27, 2016, CBNA sold a pool of charged-off accounts (the Accounts) by a 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 Accounts, The above statements are true to the best of my knowledge. Signed this___5 ~~ day ot Digest Adie Swom before me this S day of Bua \G 9.2 (Notary Public) (Notary Seal/Stamp) My Commission-Expires: NOV 04 2016 ‘SHERRI SMITH Notary Public - Notary Seat State of Missourl, Platte County Commission Number 12672351 My Commission Expires Nov 4, 2016 ~ we CERTIFICATE OF CONFORMITY STATE .OF Missouri CITY OF Kansas City The undersigned does hereby certify that he/she is an attomey at law duly admitted to practice in the State of YSSouct and is a resident of. ovgle in the State of Teagan sr ;-that he/she is a person duly qualified to this certificate of conformity pursuant 0 the laws of the State of Missouri; that the foregoing acknowledgment by Terri Bergman named in the foregoing instrument taken before a Notary in the State of Missouri, was taken in the manner prescribed by such laws of the State of Missouri, 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. S-T- Don Q f Melly #oLsvy Date mey at Law cee watt we Field Field Data ACCOUNT NUMBER ME <<: SALE AMOUNT $1,224.51 CHARGE OFF BALANCE $1,224.51 ACCOUNT OPEN DATE 16-Jun-15, CHARGE OFF DATE 14-Feb-16 LAST PAYMENT AMOUNT $0.00 LAST PURCHASE AMOUNT $800.00 LAST PURCHASE DATE 17-Jun-15 CONSUMER FIRST AND MIDDLE NAME JOHNATHON CONSUMER LAST NAME RITTMILLER CONSUMER RESIDENCE ADDRESS 1 1659 LETALN CONSUMER RESIDENCE CITY OROVILLE CONSUMER STATE CA CONSUMER ZIP CODE 959653022 CONSUMER RESIDENCE PHONE 9076878234 CONSUMER SSN OR SIN *HTEXEAEG CONSUMER BIRTH DATE 05/1989 Data printed from electronic records provided by Citibank, N.A. pursuant to the Bill of Sale / Assignment of Accounts transferred on or about 05/27/2016 in connection with the sale of accounts from Citibank, N.A. to Midland Funding, LLC. EXHIBIT B AA_0126 File No.: 17-116805 Welcome Your account has a new home Mail Payments To: Midland Credit Management. inc. me P.O. BOX 13105 ROANOKE, VA 24031-3105 RSet Ps UEP as Teen Current Owner: Midland Funding LLC Original Creditor: Citibank, NA. Original Account Number P27368 Johnathon Rittmiller MCM Account Number: 8570873162 1659 Leta Ln Current Balance: $1,224.51 Oroville, CA 95965-3022 flat fay 8 og 06-22-2016 Dear Johnathon, ‘Welcome! On 05-27-2016, your Citibank, N.A. / National Tire & Battery (NTB) 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, will be collecting on, and servicing your account, on behalf of MIDLAND FUNDING LLC. ‘Your experience with MCM will be different. Period. ‘What to expect from MCM: Now that we are servicing the account, we have assigned the account an MCM Account Number, 8570873162. MCM will reach out to you by phone and mail over the months to come. We also have a website, www,midlandcreditonling.com, 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 dabt can be a difcult process! That is why we sel standards for how you are to be treated while working with us. Visit in to learn about our Consumer Bill of Rights ot call (866) 361-0420 to experience the difference ‘or yourself. Next Steps... You Choose. Enclose $1,224.51 in the envelope provided. We will send a letter to you that confirms that you have no further obligation on this account. (« you need more personal service or have questions, call (866) 361-0420. Have a great day and we look forward to hearing from you! Sincerely, Nick Sondi Midland Credit Management, inc. P.S. These payment opportunities do not alter or amend your validation rights as described on the reverse side. This account may still be reported on your credit report as unpaid, ‘We will not report your debt to the credit bureaus if you set up a payment plan, make a payment by 09-22-2016 and make all payments as agreed. We are not obligated to renew this offer. Hours of Operation: ©) Call: Pay Onli at Mail: Mon - Fri: 11:00am - 7:30pm EST www.midlanderediteniine.com Payment Certificate (866) 361-0420 ee Few 5 (Current Balance: jurrent Owner: jurrant Serv) se $1,224.57 " MIDLAND FUNDING Midland CreditMar amen3 ine33 be ‘Gan Purchase Dat __ Offer Expiration Date: (666) 363-1 020." 05-27:2016 * 08-06-2016 PLEASE SEE REVERSE SIDE FOR IMPORTANT DISCLOSURE INFORMATION aad cs ore x est wae Siew SMe jai tt — MCM Account Number "8570873162 Original Account Number me Current Balance: $1,224.51 1) Make your check payable to: Midland Crédit Manageme ine: 2) Fill out thie amount enclosed on the Payment Certificate Due Date: i 08-06-2016. 3) Place your ¢heck and Fayant Cares nthe proved evap _{Ainount Enclosed: <4) Mall Payment ae fidtand ae Manacemen ine, . ‘Jonnaingh Rimi: vei te *P.0:°BOX 13105, 1659 Leta Ln IOKE; ee Oroville, CA" 95865-5022 Te VA 24031. Be ye ROL ays MO RS ~. Important Disclosure information: ( Please understand this is a communication from a debt collector. This is an attempt to collect a debt. Any information obtained will be used for that purpose. ( PLEASE SEE REVERSE SIDE FOR IMPORTANT DISCLOSURE INFORMATION Calls to and/or from this company may be monitored or recorded. ‘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 default 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. Unless you notify MCM within thirty (30) days after receiving this notice that you dispute the validity of the debt, or any. Portion thereof,.MCM will assume this debt to be valid, {f you notify MCM, in writing, within thirty (30) days after receiving this notice that the debt, or any portion thereof, is disputed, MCM wil 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. fan attomey represents you with ard fo this debt. please refer this letter to your attomey. Likewise il you ae involved in an active bankruptcy case, or if this discharged in a bankruptcy case, please refer this letter to your Eadtsupiey stomey’eo that we may be noltied. 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 righis described above. 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 fulfil the terms of your credit obligations. WIN JONFt Communications concerning disputed debts, including an instrument tendered as full satisfaction of a debt, are to be sent to: 2365 Northside Drive, Suite 300, San Diego, CA 92108; Attn: Consumer Support Services. MAIL PAYMENTS TO: P.O. Box 60578, Los Angeles, CA 90060-0578 MAIL CORRESPONDENCE BUT NO PAYMENTS TC 365 Northside Drive, Suite 300, San Diego, CA92108 MAIL CREDIT REPORTING CORRESPONDENCE TO: MCM CREDIT REPORTING DEPARTMENT, 2365 Northside Drive, Suite 300, San Diego, CA 92108 We are required under state law to notify consumers of the following rights. This list does net contain a complete list of the-rights consumers have under state and federal law: IF YOU LIVE IN COLORADO, THIS APPLIES TO YOU: FOR INFORMATION ABOUT THE COLORADO FAIR DEBT COLLECTION PRACTICES ACT, SEE WWW.COAG.GOV/CAR Acconsumer has the right to request in writing that a debt collector or collection agency cease further communication with the ‘consumer. A written request to cease communication will not prohibit the debt collector or collection agency from taking any other action authorized by law to collact the debt. Midland Credit Management has a Colorado office with the following address and telephone number: Bullding B, 80 Garden Center, Suite 3, Broomfield, CO 80020. Telephone number: (303) 8: ‘Only physical in-person payments may be accepted at this office location. All payments made via mall should be sent to the following address: Box 60578, Los Angeles, CA 90060-05; IF YOU LIVE IN MASSACHUSETTS, THIS APPLIES TO YOU: NOTICE OF IMPORTANT RIGHTS: You have the right to make a written or ora! request that telephone calls regarding your debt not be made to you at your place of employment. Any such oral request will be valid for only ten (10) days unless you provide written confirmation of the request postmarked or delivered within seven (7) days of such request. You may terminate this request by writing to Midland Credit Management, Inc. IF YOU LIVE IN MINNESOTA, THIS APPLIES TO YOU: This collection agency is licensed by the Minnesota Dept. of Commerce. IF YOU LIVE IN NEW YORK CITY, THIS APPLIES TO YOU: New York City Department of Consumer Affairs License Number 1140603, 1207829, 1207820, 1227728, 2022587, 2023151 2023152, 2027429, 2027430, 2027431 IF YOU LIVE IN NORTH CAROLINA, THIS APPLIES TO YOU: North Carolina Department of Insurance Permit #101659, #4182, #4250, #3777, #111895, and #112039, Midland Credit ‘Management, inc. 2365 Northside Drive, Suite 300, San Diego, CA 92108. IF YOU LIVE IN TENNESSEE, THIS APPLIES TO YOU: This collection agency is licensed by the Collection Service Board of the Department of Commerce and Insurance. 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. of 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 attorney or spouse, about your debt. Collectors may contact 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-F TC-HELP or httov/wwwsftc.aov. “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 fal to fulfill the terms of your credit obligations. 4F YOU LIVE IN UTAH, THIS APPLIES TO YOU: As required by Utah law, 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. IF YOU LIVE IN WYOMING, THIS APPLIES TO YOU: As required by law, you are hereby notified that a negative credit report on your credit record may be submitted to a credit reporting agency if you fail o fulfil the terms of your credit obligations. EXHIBIT C AA_0127 File No.: 17-116805 Account Statement Sond Notion of B Errors and Customer Service Inquiries to: BIQO TIRES C: BIG QTIRES Customer Service: PO Bex 3493, Sis Salle SD, 57 117-6493 servi icecentralaccountonline.com Account Inquiries: TE z. 1-866-533-8534 Account Number: THE TEAM YOU TRUST’ Summary of Account Activity Payment Information Previous Balance $0.00 New Balance $800.00 Payments -$0.00 Minimum Payment Due $25.00 Other Credits -$0.00 Payment Due Date August10, 2015 Purchases. +$800.00 Cash Advances +$0.00 Late Payment Warning: If we do not receive your minimum payment by the Fees Charged +S0.00 date listed above, you may have to pay alate fee up to $35, Interest Charged +80,00 Minimum Payment Warning: It you make only the minimum payment each New Balance $800.00 period, you will pay more in interest and it will take you longer to pay off your balance. For exam Past Due Amount $0.00 lf ‘make no additional You will pay off the ‘Andyou wil charges using thi ‘balance this, end up paying an ‘and each month you pal ‘estimated totalof. (Credit Limit $800.00 Only the minimum payment 5 years $1,606 Available Credit $0.00 $34 S years $1,235 Amount Over Credit Limit $0.00 (Savings=$3/1) Statement Closing Date 07/14/2015 It you would lke information about credit counseling services. call 1 8// 33/ B18/. Next Statement Closing Date 98/14/2015 Days in Billing Cycle 2g i 753 ae ce oi eo uv ats ee iaBs AIA WAs)Kefog dg -toReto) a4) LEAs; (ch) a i evi in slg 2 a ee aid ‘You must pay your promotional balance of $800.00 in full by 01/10/16 to avoid paying daferred interest charges. Please note that il we received your pay by phone or online payment between 5 p.m. ET and midnight ET on the last day of your biliing period, your payment will not be reflected until your next statement. Please update your phone number, including cell phone number on the back of the payment coupon. Py ft ae STE ve ‘yl oy ay ED a ob a Bi i i A he By By ry aca eeEa res i Bis a ee Bs I tise 4 sg08 PLEASE SEL IMPOHIANE INFOHMATION ON PAGES 2 AND 4. Page 1016 This Account is Issued by Citibank, NA. = wenennee: W ___Piease detaca and tecn ane ret. 2wet portion with your payment to nsule proper credit. Retain us pttion tion forBe your resords. ae BIGQTIRES. THE TEAM You TRUST" Your Account Number ie a: i {ut i Ri ae Payment Due Date August 10, 2015 Lon a New Balance $800.00 Past Due Amount $0.00 BF Louie Mo63179 3 ies Minimum Payment Due rie rl $25.00 Oy iyo Statement Enclosed Cg 2 i it Enclosed: n3c) Saf BES Please print address changes on the reverse side. Make Checks Payable tow: BIG O TIRES CREDIT PLAN. JYOHNATHON RITTMILLER PO BOX 183015, 1859 LETALN COLUMBUS, OH 43218-3015 OROVILLE.CA 95965-3022 ee Ne information About Your Account. When Your Payment Will Be Credited. (f we recive your paytnent in How to Avoid Paying Interest on Purchases. Your payment due date is proper form at our processing taclity by 5 p.m. focal time there, It will be atleast days after the close of each b cycle. We will not charge you Credited a of t t day, A pzyrient recaived there in proper tor after that any interest orp: ur £ you pey yout Now Balance by the payment time wall be creaited as of the naxt day. Allow 5 to 7 days tor payments by date each month. isis called a grace per don purchases. To get a grace reguiar mai to reach us, There may be a detayof up to 5 days in crossing pe fod on Durchases, you must pay the New Balance by the paymer ue payment swe rece've that is no! 'n prover form or is not sent ta the cor: date every Billing cycle, We will begin charging interest on cash advances addr The correct address far regular mall is th address on the of Gf avalieple on your 2account) ‘on the transaction date. ihe payment cougon. The correct address for courier ar eapress mail is the H you have a balance sui ttoa det ‘d interest ar O% APR promotion Express Mail Aduress rows it the Express Mali section, and that promotion does not expire before the payment due date, that Proper Form. For paymeni sant by mail or courier to be in proper form, balance (an “excluded batance") is excluded from the amount you must you must pay in full to gel a grace period on @ purchase balunce utter than 2 + Enclosea vafid check or money order. No cash, gift cards, of foreign excluded balance. However, you must pay any senarately required: currency plea! payment on the excluded Sal 2. in billing eyties in which payments are + Include your name and the last four digits of your account number. ailocated to dete red interest will be recyced before any other nces first, the deferred interest balance balance on the 2ecount. However, you Payment Other Then By Malt. i continue to get 3 yrace period on purchases, other tnan sn excluded » In-Store (Where Available). Any payment in proper form accepted tance, So tong as you pay the New B nee {less any exctuded batance, in-store will be credited as of that day. However, credit avalledility may ofus nv sens: tely required payment on an exciudied ba ance) In be subject to verification of fi is, Not all stores accept payments, the payment due date each piling evele. We may reter to deferred interest Contact your local store to see if instore payments are accepted at sromations as No interest or Na Monthly interest promations, that iocation. in addition, certain p-amotionai offers may taiz away the grace period on Oniine. Gots the URL on Page i of your stetement to make s payment. For security reasons, you may not able te pay your entire New Balance purchases. Other oromotiona! offers not deser'bed auove may also ailow the first time you make 8 payment ontine, a payment cutoff time for you te have 6 grace period on purchases withaut having to pay alors Oniine Bill Payments is midnight Eastern time. nis means that we wil! portion of the promotional dalar by the payment due date. If either is credit your account as of the calendar day. based on Eastern time, that tne cese, the promotional offer It descr’ sshat happens. we receive your payment request, How We Calculste Your Balence Subject to Interest Rate. For each