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16 — CLJ
- 00455
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Complaint Filed
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MISHAELA J. GRAVES, State Bar
No.2 259765
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Bar No.2 274827 ‘
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KRISTY GABRIELOVA, State
PATRICK T. SULLIVAN, State Bar No.: 263613 E E E;
DEANNA FRASER, State Bar No.2 270362 SAESMETED COUNT“
297552
CHAD K. CASEY, State Bar No.: JU .
10601—G TIERRASANTA
BLVD, #4540
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4 2 015
SAN DIEGO, CA 92124 _ »-.:
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Telephone: (800) 875-7159 @392
Facsimile: (877)411—6864
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Attorneys for Plaintiff
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN MATEO
HALL OF JUSTICE & RECORDS
Case No. 4: 5 5
MIDLAND FUNDING LLC 16 C LJ6 Q
COMPLAINT FOR:
11 Plaintiff,
(1) Account Stated
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12
vs. x
13 PRAYER AMT: $2,387.77
ARTURO BROAS; LIMITED
and DOES 1 through 10,
inclusive
14
15 Defendant.
Liability Company
16
LLC ("Plaintiff‘), is a Limited
1. Plaintiff, MIDLAND FUNDING
17
qualified to do business in California.
and believes that Defendant
18 court is the proper court because Plaintiff is informed
2. This
State of California.
19 ("Defendant"), is a resident of SAN MATEO County,
ARTURO BROAS sued by the fictitious
and capacities of Defendants
2O 3. Plaintiff is unaware of the true names
complaint as and when the true
10. Plaintiff will ask leave of court to amend this
21 names DOES 1 through
have been ascertained.
of Defendants named herein as DOES 1 through 10
names and capacities
22
mentioned, Defendants, and each
of them, were the principals, agents,
4. At all times herein
adopted or
23
or servants of each of their co-defendants and ratified,
employers, employees, masters,
the things alleged, were
24
omissions alleged herein, and each defendant, in doing
approved the acts or
servants, and employees.
25
acting in the course and scope
of said authority of such agents,
a debt buyer as defined by
26 Pursuant to California Civil Code §1788.58(a)(1), Plaintiff is
5.
27 California Civil Code §1788.50(a).
28
.1.
COMPLAINT
CA__0132G File No.: 16—11056
6. Pursuant to California Civil Code §1788.58(a)(2), is seeking to recover the amount of
A9
$2,387.77. This is the amount due on credit card account number XXXXXXXXXXXX-8576 XVJ
("Account")1 which was originally issued by SYNCHRONY BANK. 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.
\OOO\]O\UIJ>~UJN*-‘
Attached hereto and incorporated herein by reference as Exhibit A is a true and correct copy of the Bill of
Sale from SYNCHRONY BANK to Plaintiff. The account was purchased by the Plaintiff on October 02,
2015.
8. Pursuant to California Civil Code §1788.58(a)(4), the Account balance at the time of
charge-off was $2,387.77.
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
the Plaintiff is seeking to recover:
Charge-off Balance2 $2,387.77
Total Post Charge-Off Interest $0.00
Total Post Charge-Off Fees3 $0.00
10. Pursuant to California Civil Code §1788.58(a)(5), Plaintiff alleges that the date of default
is February 10, 2015 and the date of the last payment was January 05, 2015 which was made to
SYNCHRONY BANK.
NNNNNNNNNp—ap—Av—IHp—Ip—Ip—Ip—bu—p—n
1]. Pursuant to California Civil Code §1788.58(a)(6), Plaintiff alleges that the name of the
WQOMAWNHOOOOQOMAUJNHO
charge-off creditor at the time of the charge—off is SYNCHRONY BANK. On information and belief the
Plaintiff alleges that an address utilized by SYNCHRONY BANK at the time of charge—off was PO.
BOX 965033 ORLANDO FL 32896. At the time of charge off the account number associated with the
debt was XXXXXXXXXXXX—8576.
12. Pursuant to California Civil Code §1788.58(a)(7), Plaintiff alleges that the name of the
debtor as it appeared in the records of SYNCHRONY BANK is ARTURO BROAS and the last known
address as it appeared in the records of SYNCHRONY BANK is 1321 MARSHALL ST APT 307
REDWOOD CITY CA 94063.
1
Pursuant to California Rule of Court and California Civil Code §1788.58(c) the Account number has
been redacted to protect the Defendant's confidential information.
2
This amount may include the charged—off principal amount and pre-charge-off accrued interest as set
forth in the seller data sheet attachedhereto and incorporated herein by reference as Exhibit A.
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_013?.G File No.: 16-11056
1
l
13. Pursuant to California Civil Code §l788.58(a)(8), Plaintiff alleges that the name and address of
AH
all post charge-off purchasers of the debt are as follows: X115
Name . Address
MIDLAND FUNDING LLC 2365 NORTHSIDE DRIVE SUITE 300 SAN DIEGO CA
92108
\DOO\]O\U’IJ>~UJN'-‘
14. Pursuant to California Civil Code §1788.58(a)(9) Plaintiff alleges that it has complied
with the provisions of Civil Code §l788.52 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
transaction, payment or balance transfer while the account was active as required by California Civil
Code §1788.52(b).
16. The Account balance at the time of charge—off was $2,387.77, attached hereto and
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 the time of charge—off.
17. By this complaint, Plaintiff seeks to recover amounts of $2,387.77 from Defendant.
18. As alleged above, before filing this suit, all right, title and interest to the Account were
NNNNNNNNNH—nr—Ir—np—Ay—Ap—Ap—IHH
sold and assigned to Plaintiff. Plaintiff owns the Account and is entitled to collect on the Account as if it
were the original creditor. To the extent that Plaintiff acts in its capacity as successor-in-interest to the
original creditor or its assigns, references herein to Plaintiff may include Plaintiff’s predecessor—in-
OO\lO\LIlJ>UJ[\.)>—IO\DOO\IO\Lll-bwmv—AO
interest.
19. Before commencement of this action, Plaintiff informed Defendant in writing that it
intended to file this action and that this action could result in a judgment against Defendant that would
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
underlying obligation. .
.
MIDLAND'S EFFORTS TO RESOLVE THE UNDERLYING OBLIGATION
20. Plaintiff MIDLAND FUNDING LLC owns portfolios of consumer receivables, which it
attempts to collect. Plaintiff MIDLAND FUNDING LLC and its affiliates (collectively, “MIDLAND”)
generally attempt to contact consumers like Defendant through several means, such as phone calls,
letters, or other means, all in an effort to establish contact and to resolve the underlying obligation.
3
COMPLAINT
CA_0132G File No.: 16-11056
4'»
I
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
A9
MIDLAND believes those consumers are facing extenuating circumstances or hardships that would XVJ
prevent them from making any payments.
2]. 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
\Oooflom-b-WNH
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
consumers to establish voluntary payment arrangements resulting in the resolution of any underlying
obligations.
23. However, the majority of MIDLAND’s consumers ignore calls or letters, and some
simply refuse to repay their obligations despite an apparent ability to do so. When this happens,
MIDLAND must decide then whether to pursue collection through legal channels, including litigation
like the present action against Defendant. Although the Account is now in litigation, Plaintiff remains
willing to explore a mutually-beneficial solution through voluntary payment arrangements, if possible.
NNNNNNNNNHb—Ib—lb—Ib—IP—lr—lh—ll—dy—d
FIRST CAUSE OF ACTION
ACCOUNT STATED — AGAINST ALL DEFENDANTS
24. Plaintiff realleges and incorporates by reference the foregoing paragraphs.
OOQONM-PUJNHOOOOQQUl-pUJNHO
25. Defendant opened, used, and derived benefit from the Account through Defendant’s own
use of the Account or by another’s use at Defendant’s direction. By using the Account, Defendant
expressly agreed or impliedly promised to repay Plaintiff.
26. Within the last four (4) years, Defendant became indebted on the Account to Plaintiff in
the sum of $2,387.77 on an account stated in writing by and between Plaintiff and Defendant in which it
was agreed that Defendant was indebted to Plaintiff.
27. Regular monthly statements were mailed to Defendant listing the debits, credits, and
balance due on the Account, attached as Exhibit D.
4
COMPLAINT
CA_Ol3ZG File No.: 16-11056
2“, .~ .'
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28. Defendant last made a payment on the Account on January 05, 2015 to SYNCHRONY 3
1
BANK. E
2
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
3
Defendant has failed to pay the balance due. Attached hereto and incorporated herein by reference as
4
Exhibit B is a true and correct copy of first written communication requesting payment that was sent to
5
the consumer by Plaintiff.
6 31. As of the date of this complaint there is due and owing the unpaid sum of $2,387.77.
7 This amount was arrived by subtracting all payments and applying all credits (if any) to the charge-off
8 balance of $2,387.77 as indicated on the charge-off statement, attached here to as Exhibit D.
9
WHEREFORE, Plaintiff prays for judgment against Defendant as follows:
On the First Cause of Action:
10
1. For the unpaid balance of $2,387.77;
11
2. Costs of suit;
12
3. Such other relief as the Court may deem just and proper.
13
14
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Dated: 2915 MIDLANDFU .
@LLC
15 JUL 0 g
16
17 By:
[:I MISHAELA J. GRAVES
18
|:] KRISTY GABRIELOVA
19 [:l PATRICK T. SULLIVAN
E] DEANNA FRASER
20 mCHAD K. CASEY
21
22
23
24
25
26
27
28
.5.
COMPLAINT
CA_013ZG File No.: 16-11056
EXHIBIT A
AA_0125 File No.: 16-11056
synchrony
-
BANK
—
BILL 'or SALE
Midland — Sententbcr 2015
For value received and in further consideration ofthe mutuaicovencnts and conditions
as of thislt
set forth In the Purchase Agreement (the “Agreement”), dated
day of July, 2015 by and between Synchrony Bank formerly known as GE
Capital Retail Bank (“Seller"), and Midland Funding LLC (“Buyer"), Seller hereby
transfers, sells, conveys, grants, and delivers to Buyer, its successors and assigns, without
recourse except as set forth in the Agreement, to the extent of its ownership, the
Receivables as set forth in the Notification Files (as defined in the Agreement), delivered
by seller to Buyer on September 23, 2015, and as further described in the. Agreement.
Synchrony Bank
~By: {lurk (riwih'
Ken Wojcik
Title: SV P Collections & Recovery
AFFIDAVIT OF SALE
OF ACCOUNT
BY ORIGINAL CREDITOR
State of Minnesota County of Ramsey
Nicolci Nasrabadi being duly sworn, cleposm~ and says:
I am over 18 and not a party of this action. I am an Affidavit Documentation Specialist of
Synchrony Bank formerly known as GE Capital Retail Bank. In that position I have access to
creditor’s books and records, and am aware of the process of the sale and assignment of
'
electronically stored business records.
On or about 9/23/2015 Synchrony Bank formerly known as GE Capital Retail Bank sold a pool
of charge-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, electronic records and other records
were transferred on individual Accounts to the debt buyer. These records were kept in the
ordinary course of business of Synchrony Bank formerly known as GE Capital Retail Bank.
The Creditor has a process to detect and correct errors on these accounts. The above statements
are true to the best of my knowledge.
Signed this 27‘“ day ofOctobcr, 2015
Signed and sworn to before me this 27m day of October, 201 y Anthony Davis
(Notary Stamp)
a “‘“m' ANIKONY CMRIS DAvls
Notary Pub“:
Stare at Minnesota
My Commission Exp-res
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January 31. 2018
NY AOS l.2 60120” - St. Paul
AA_0125 File No.: 16-11056
BLANKET CERTIFICATE OF CONFORMITY FOR NOTARY ANTHONY DAVIS
1, Brett Rouleau, an attorney—at—law admitted to practice in the State of Minnesota and
fully acquainted with the laws of the State of Minnesota do hereby certify that I am duly
qualified to make this certificate of conformity and that the acknowledgement or proof upon the ’
affidavits of merit were taken by Notary Anthony Davis, a notary public in the State of
Minnesota, in the manner prescribed by the laws of the State “Minnesota and confirms to the
laws thereof in all respects.
[N WITNESS WHEREOF, I have hereunto set my signature, on October 27, 2015.
l
Brett Rouleau
Attorney at Law, State of Minnesota
AA_0125 File No.: 16-11056
Field Field Data
Account_Number —8576
Customer_lD ”*“4152
Name BROAS ARTURO
Account_Address_1 1321 MARSHALL ST APT 307
City REDWOOD CITY
State CA
Zip_Code 94063-2553
Home_Phone_Number 6505761796
Work_Phone_Number 0000000000
Birth_Date 19650705
Contract_Date 20130402
ChargeOff_Date 20150811
Last_Payment_Date 20150105
Last_Purchase_Date 20141215
Last_Payment_Amount 86
ChargeOff_Amou nt 1908.2
Associated_Costs O
Accrued_lnterest 479.57
Sale Amount 2387.77
Data printed from electronic records provided by Synchrony Bank formerly known as GE Capital Retail Bank pursuant to
the Bill of Sale / Assignment of Accounts transferred on or about 10/2/2015 in connection with the sale of accounts from
Synchrony Bank formerly known as GE Capital Retail Bank to Midland Funding, LLC.
AA_0125 File No.: 16-11056
EXHIBIT B
AA_0126 File No.: 1641056
m mcm
WelCOI/ne.
Mail Payments To:
Midland Credit Management, Inc.
PO. BOX 13105
ROANOKE. VA 24031-3105
Your account has a new home.
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Account Transfer Detaflsféf‘h'
Current Owner: Midland Funding LLC
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Original Creditor: Synchrony Bank
Original Account Number—8576
mmzArturo Broas
1321 Marshall 8mm 307
% MCM Account Number: 8567654855
Current Balance: $2,387.77
Redwood City. CA 94083-2553
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11 -02-201 5
Dear Arturo.
Welcome! On 10-02-2015. your Synchrony Bank / TJX 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 experlence wlth MCM will be different. Period.
WW,
What to expect from MCM:
Now that we are servicing the account we have assigned the account an MCM Account Number. 8567654858. 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.
MOM, a partner you can trust.
We value your experience and understand that managing debt can be a diff cult processl That Is why we set standards
for how you are to be treated while working with us \fislt
BI” of Rights or call (866) 361- 0420 to experience the difference for yourself.
to team about our Consumer Wham
Next Steps... You Choose.
Endose $2,387.77 in the envelope provided.
We will send a letter to you that confirms that you have no further obligation on this account.
[If you need more personal service or have questions. call (666) 361—0420. ]
Have a great day and we look forward to hearing from you!
Sincerely.
Nick Sandi
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 02—02-2016 and
make all payments as agreed.
olomimm
We will report forgiveness of debt as required by IRS regulations.
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Preview
i 16 — CLJ - 00455 ,1 . CMP ._ ' ~ Complaint Filed = _. , 1121 5“ I, , MISHAELA J. GRAVES, State Bar No.2 259765 l \iillllllllllllllllllll Bar No.2 274827 ‘ f KRISTY GABRIELOVA, State PATRICK T. SULLIVAN, State Bar No.: 263613 E E E; DEANNA FRASER, State Bar No.2 270362 SAESMETED COUNT“ 297552 CHAD K. CASEY, State Bar No.: JU . 10601—G TIERRASANTA BLVD, #4540 ~ 4 2 015 SAN DIEGO, CA 92124 _ »-.: " °’ ‘ .4" W: Telephone: (800) 875-7159 @392 Facsimile: (877)411—6864 ' ' g -' 33‘ I‘ :72; -m....w \OOOQOUI-bLflN Attorneys for Plaintiff SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN MATEO HALL OF JUSTICE & RECORDS Case No. 4: 5 5 MIDLAND FUNDING LLC 16 C LJ6 Q COMPLAINT FOR: 11 Plaintiff, (1) Account Stated g > 12 vs. x 13 PRAYER AMT: $2,387.77 ARTURO BROAS; LIMITED and DOES 1 through 10, inclusive 14 15 Defendant. Liability Company 16 LLC ("Plaintiff‘), is a Limited 1. Plaintiff, MIDLAND FUNDING 17 qualified to do business in California. and believes that Defendant 18 court is the proper court because Plaintiff is informed 2. This State of California. 19 ("Defendant"), is a resident of SAN MATEO County, ARTURO BROAS sued by the fictitious and capacities of Defendants 2O 3. Plaintiff is unaware of the true names complaint as and when the true 10. Plaintiff will ask leave of court to amend this 21 names DOES 1 through have been ascertained. of Defendants named herein as DOES 1 through 10 names and capacities 22 mentioned, Defendants, and each of them, were the principals, agents, 4. At all times herein adopted or 23 or servants of each of their co-defendants and ratified, employers, employees, masters, the things alleged, were 24 omissions alleged herein, and each defendant, in doing approved the acts or servants, and employees. 25 acting in the course and scope of said authority of such agents, a debt buyer as defined by 26 Pursuant to California Civil Code §1788.58(a)(1), Plaintiff is 5. 27 California Civil Code §1788.50(a). 28 .1. COMPLAINT CA__0132G File No.: 16—11056 6. Pursuant to California Civil Code §1788.58(a)(2), is seeking to recover the amount of A9 $2,387.77. This is the amount due on credit card account number XXXXXXXXXXXX-8576 XVJ ("Account")1 which was originally issued by SYNCHRONY BANK. 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. \OOO\]O\UIJ>~UJN*-‘ Attached hereto and incorporated herein by reference as Exhibit A is a true and correct copy of the Bill of Sale from SYNCHRONY BANK to Plaintiff. The account was purchased by the Plaintiff on October 02, 2015. 8. Pursuant to California Civil Code §1788.58(a)(4), the Account balance at the time of charge-off was $2,387.77. 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 the Plaintiff is seeking to recover: Charge-off Balance2 $2,387.77 Total Post Charge-Off Interest $0.00 Total Post Charge-Off Fees3 $0.00 10. Pursuant to California Civil Code §1788.58(a)(5), Plaintiff alleges that the date of default is February 10, 2015 and the date of the last payment was January 05, 2015 which was made to SYNCHRONY BANK. NNNNNNNNNp—ap—Av—IHp—Ip—Ip—Ip—bu—p—n 1]. Pursuant to California Civil Code §1788.58(a)(6), Plaintiff alleges that the name of the WQOMAWNHOOOOQOMAUJNHO charge-off creditor at the time of the charge—off is SYNCHRONY BANK. On information and belief the Plaintiff alleges that an address utilized by SYNCHRONY BANK at the time of charge—off was PO. BOX 965033 ORLANDO FL 32896. At the time of charge off the account number associated with the debt was XXXXXXXXXXXX—8576. 12. Pursuant to California Civil Code §1788.58(a)(7), Plaintiff alleges that the name of the debtor as it appeared in the records of SYNCHRONY BANK is ARTURO BROAS and the last known address as it appeared in the records of SYNCHRONY BANK is 1321 MARSHALL ST APT 307 REDWOOD CITY CA 94063. 1 Pursuant to California Rule of Court and California Civil Code §1788.58(c) the Account number has been redacted to protect the Defendant's confidential information. 2 This amount may include the charged—off principal amount and pre-charge-off accrued interest as set forth in the seller data sheet attachedhereto and incorporated herein by reference as Exhibit A. 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_013?.G File No.: 16-11056 1 l 13. Pursuant to California Civil Code §l788.58(a)(8), Plaintiff alleges that the name and address of AH all post charge-off purchasers of the debt are as follows: X115 Name . Address MIDLAND FUNDING LLC 2365 NORTHSIDE DRIVE SUITE 300 SAN DIEGO CA 92108 \DOO\]O\U’IJ>~UJN'-‘ 14. Pursuant to California Civil Code §1788.58(a)(9) Plaintiff alleges that it has complied with the provisions of Civil Code §l788.52 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 transaction, payment or balance transfer while the account was active as required by California Civil Code §1788.52(b). 16. The Account balance at the time of charge—off was $2,387.77, attached hereto and 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 the time of charge—off. 17. By this complaint, Plaintiff seeks to recover amounts of $2,387.77 from Defendant. 18. As alleged above, before filing this suit, all right, title and interest to the Account were NNNNNNNNNH—nr—Ir—np—Ay—Ap—Ap—IHH sold and assigned to Plaintiff. Plaintiff owns the Account and is entitled to collect on the Account as if it were the original creditor. To the extent that Plaintiff acts in its capacity as successor-in-interest to the original creditor or its assigns, references herein to Plaintiff may include Plaintiff’s predecessor—in- OO\lO\LIlJ>UJ[\.)>—IO\DOO\IO\Lll-bwmv—AO interest. 19. Before commencement of this action, Plaintiff informed Defendant in writing that it intended to file this action and that this action could result in a judgment against Defendant that would 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 underlying obligation. . . MIDLAND'S EFFORTS TO RESOLVE THE UNDERLYING OBLIGATION 20. Plaintiff MIDLAND FUNDING LLC owns portfolios of consumer receivables, which it attempts to collect. Plaintiff MIDLAND FUNDING LLC and its affiliates (collectively, “MIDLAND”) generally attempt to contact consumers like Defendant through several means, such as phone calls, letters, or other means, all in an effort to establish contact and to resolve the underlying obligation. 3 COMPLAINT CA_0132G File No.: 16-11056 4'» I 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 A9 MIDLAND believes those consumers are facing extenuating circumstances or hardships that would XVJ prevent them from making any payments. 2]. 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 \Oooflom-b-WNH 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 consumers to establish voluntary payment arrangements resulting in the resolution of any underlying obligations. 23. However, the majority of MIDLAND’s consumers ignore calls or letters, and some simply refuse to repay their obligations despite an apparent ability to do so. When this happens, MIDLAND must decide then whether to pursue collection through legal channels, including litigation like the present action against Defendant. Although the Account is now in litigation, Plaintiff remains willing to explore a mutually-beneficial solution through voluntary payment arrangements, if possible. NNNNNNNNNHb—Ib—lb—Ib—IP—lr—lh—ll—dy—d FIRST CAUSE OF ACTION ACCOUNT STATED — AGAINST ALL DEFENDANTS 24. Plaintiff realleges and incorporates by reference the foregoing paragraphs. OOQONM-PUJNHOOOOQQUl-pUJNHO 25. Defendant opened, used, and derived benefit from the Account through Defendant’s own use of the Account or by another’s use at Defendant’s direction. By using the Account, Defendant expressly agreed or impliedly promised to repay Plaintiff. 26. Within the last four (4) years, Defendant became indebted on the Account to Plaintiff in the sum of $2,387.77 on an account stated in writing by and between Plaintiff and Defendant in which it was agreed that Defendant was indebted to Plaintiff. 27. Regular monthly statements were mailed to Defendant listing the debits, credits, and balance due on the Account, attached as Exhibit D. 4 COMPLAINT CA_Ol3ZG File No.: 16-11056 2“, .~ .' v 28. Defendant last made a payment on the Account on January 05, 2015 to SYNCHRONY 3 1 BANK. E 2 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 3 Defendant has failed to pay the balance due. Attached hereto and incorporated herein by reference as 4 Exhibit B is a true and correct copy of first written communication requesting payment that was sent to 5 the consumer by Plaintiff. 6 31. As of the date of this complaint there is due and owing the unpaid sum of $2,387.77. 7 This amount was arrived by subtracting all payments and applying all credits (if any) to the charge-off 8 balance of $2,387.77 as indicated on the charge-off statement, attached here to as Exhibit D. 9 WHEREFORE, Plaintiff prays for judgment against Defendant as follows: On the First Cause of Action: 10 1. For the unpaid balance of $2,387.77; 11 2. Costs of suit; 12 3. Such other relief as the Court may deem just and proper. 13 14 g] Dated: 2915 MIDLANDFU . @LLC 15 JUL 0 g 16 17 By: [:I MISHAELA J. GRAVES 18 |:] KRISTY GABRIELOVA 19 [:l PATRICK T. SULLIVAN E] DEANNA FRASER 20 mCHAD K. CASEY 21 22 23 24 25 26 27 28 .5. COMPLAINT CA_013ZG File No.: 16-11056 EXHIBIT A AA_0125 File No.: 16-11056 synchrony - BANK — BILL 'or SALE Midland — Sententbcr 2015 For value received and in further consideration ofthe mutuaicovencnts and conditions as of thislt set forth In the Purchase Agreement (the “Agreement”), dated day of July, 2015 by and between Synchrony Bank formerly known as GE Capital Retail Bank (“Seller"), and Midland Funding LLC (“Buyer"), Seller hereby transfers, sells, conveys, grants, and delivers to Buyer, its successors and assigns, without recourse except as set forth in the Agreement, to the extent of its ownership, the Receivables as set forth in the Notification Files (as defined in the Agreement), delivered by seller to Buyer on September 23, 2015, and as further described in the. Agreement. Synchrony Bank ~By: {lurk (riwih' Ken Wojcik Title: SV P Collections & Recovery AFFIDAVIT OF SALE OF ACCOUNT BY ORIGINAL CREDITOR State of Minnesota County of Ramsey Nicolci Nasrabadi being duly sworn, cleposm~ and says: I am over 18 and not a party of this action. I am an Affidavit Documentation Specialist of Synchrony Bank formerly known as GE Capital Retail Bank. In that position I have access to creditor’s books and records, and am aware of the process of the sale and assignment of ' electronically stored business records. On or about 9/23/2015 Synchrony Bank formerly known as GE Capital Retail Bank sold a pool of charge-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, electronic records and other records were transferred on individual Accounts to the debt buyer. These records were kept in the ordinary course of business of Synchrony Bank formerly known as GE Capital Retail Bank. The Creditor has a process to detect and correct errors on these accounts. The above statements are true to the best of my knowledge. Signed this 27‘“ day ofOctobcr, 2015 Signed and sworn to before me this 27m day of October, 201 y Anthony Davis (Notary Stamp) a “‘“m' ANIKONY CMRIS DAvls Notary Pub“: Stare at Minnesota My Commission Exp-res '3 January 31. 2018 NY AOS l.2 60120” - St. Paul AA_0125 File No.: 16-11056 BLANKET CERTIFICATE OF CONFORMITY FOR NOTARY ANTHONY DAVIS 1, Brett Rouleau, an attorney—at—law admitted to practice in the State of Minnesota and fully acquainted with the laws of the State of Minnesota do hereby certify that I am duly qualified to make this certificate of conformity and that the acknowledgement or proof upon the ’ affidavits of merit were taken by Notary Anthony Davis, a notary public in the State of Minnesota, in the manner prescribed by the laws of the State “Minnesota and confirms to the laws thereof in all respects. [N WITNESS WHEREOF, I have hereunto set my signature, on October 27, 2015. l Brett Rouleau Attorney at Law, State of Minnesota AA_0125 File No.: 16-11056 Field Field Data Account_Number —8576 Customer_lD ”*“4152 Name BROAS ARTURO Account_Address_1 1321 MARSHALL ST APT 307 City REDWOOD CITY State CA Zip_Code 94063-2553 Home_Phone_Number 6505761796 Work_Phone_Number 0000000000 Birth_Date 19650705 Contract_Date 20130402 ChargeOff_Date 20150811 Last_Payment_Date 20150105 Last_Purchase_Date 20141215 Last_Payment_Amount 86 ChargeOff_Amou nt 1908.2 Associated_Costs O Accrued_lnterest 479.57 Sale Amount 2387.77 Data printed from electronic records provided by Synchrony Bank formerly known as GE Capital Retail Bank pursuant to the Bill of Sale / Assignment of Accounts transferred on or about 10/2/2015 in connection with the sale of accounts from Synchrony Bank formerly known as GE Capital Retail Bank to Midland Funding, LLC. AA_0125 File No.: 16-11056 EXHIBIT B AA_0126 File No.: 1641056 m mcm WelCOI/ne. Mail Payments To: Midland Credit Management, Inc. PO. BOX 13105 ROANOKE. VA 24031-3105 Your account has a new home. 9" (. ‘7 ‘ - . ‘ Account Transfer Detaflsféf‘h' Current Owner: Midland Funding LLC -.~ Original Creditor: Synchrony Bank Original Account Number—8576 mmzArturo Broas 1321 Marshall 8mm 307 % MCM Account Number: 8567654855 Current Balance: $2,387.77 Redwood City. CA 94083-2553 -li'i'i'i'l'i"ll-il'rli‘i-'il|'|ull--|Il-ihIllli-'i'lil'“lill 11 -02-201 5 Dear Arturo. Welcome! On 10-02-2015. your Synchrony Bank / TJX 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 experlence wlth MCM will be different. Period. WW, What to expect from MCM: Now that we are servicing the account we have assigned the account an MCM Account Number. 8567654858. 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. MOM, a partner you can trust. We value your experience and understand that managing debt can be a diff cult processl That Is why we set standards for how you are to be treated while working with us \fislt BI” of Rights or call (866) 361- 0420 to experience the difference for yourself. to team about our Consumer Wham Next Steps... You Choose. Endose $2,387.77 in the envelope provided. We will send a letter to you that confirms that you have no further obligation on this account. [If you need more personal service or have questions. call (666) 361—0420. ] Have a great day and we look forward to hearing from you! Sincerely. Nick Sandi 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 02—02-2016 and make all payments as agreed. olomimm We will report forgiveness of debt as required by IRS regulations. , ““2 ‘i “’00” ‘ 7‘30”” Hours of Operatlon: . A , car . 4 Pa y Onllne at.. . w.. ~ P eymen t Ce rt‘fi c. 251,: Fri: 8:00am—4:30pm 8:00am — 4:30pm $3 T (866) 361-0420 3 . -www.midlandcredltonline.co g I, I ’ ‘ current‘bwner: citriédf’ssmcer: .‘7' 33mm!“ ‘ Balance: ~ 1 . . i $2 387.77 . .6 MIDLAND FUNDING LLC > Midland Credit Management “I Purchasonato: " A ‘ w“. Call: w . ‘ f . .. ‘, Otter Expiration Date: t ; '. 715' y -(sss) 351. 0420 55:, > .. . - 10.02 2015 . . , y.“ ., . 1247 2015 1: PLEASE SEE REVERSE SIDE FOR I‘MPO' i’ ' ‘ mom Accoixm Number: ; 8567654858 Original Account Number , Current Balance? ' Due Date: