Complaint,Petition: Wells Fargo Bank, N A vs Bischel, April

On August 06, 2020 a Complaint,Petition was filed involving a dispute between Wells Fargo Bank, N A, and Bischel, April, for (09) Limited Rule 3.740 Collections - 10,000 - 25,000 in the District Court of Butte County.

Preview
PLD-C-001
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address) FOR COURT USE ONLY

Harlan M. Reese, Esq. (E]ar I/11[]226)
REESE LAW GROUP
3168 Lionshead Avenue
Carlsbad, CA 92010
TELEPHONE NOn 760/842-5850 760/842-5865
FAX NO(optional):
E-MAIL ADDRESS (Optional):

SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE
8/6/2020
sTREETADDREss: 1775 Concord Avenue
MAILING ADDREss: 1 775 Concord Avpnup

clTY AND zIP coDE:Chico CA g5g28 g486
NORTH BUTTE JUDICIAL DISTRICT
PLAINTIFF: Wells Fargo Bank, N.A.

DEFENDANT: APRIL BISCHEL

DOES 1 TO
CONTRACT
COMPLAINT
CROSS-COMPLAINT
~
~ AMENDED COMPLAINT (Number):
AMENDED CROSS-COMPLAINT Number:
Jurisdiction (check all that apply): CASE NUAfBERt

H ACTION IS A LIMITED CIVIL CASE
Amount demanded does not exceed $ 10„000

ACTION IS AN UNLIMITED CIVIL CASE
~ exceeds $ 10,000 but does not exceed $ 25,000
(exceeds $ 25„000)
20CV01558
ACTION IS RECLASSIFIED by this amended complaint or cross-complaint
from limited to unlimited
from unlimited to limited
Plaintiff(name or names): Wells Fargo Bank, N.A.

alleges causes of action against defendant*(name or names):
APRIL BISCHEL

2. This pleading, including attachments and exhibits, consists of the following number of pages:
3. a. Each plaintiff named above is a competent adult
except plaintiff (name):SAME AS "1" ABGtvtE
(1) ~
~ a corporation qualified to do business in California
an unincorporated entity (describe):
(2)
(3) ~ other (specify): PLAINTIFF IS A NATIONAL BANKING ASSOCIATION ORGANIZED UNDER THE NATIONAL
BANKING ACT, TITLE 12 OF THE UNITED STATES CODE.
b. ~a.
Plaintiff (name):
~ has complied with the fictitious business name laws and is doing business under the fictitious name (specify):

~b. ~ has complied with all licensing requirements as a licensed (specify):
Information about additional plaintiffs who are not competent adults is shown in Attachment 3c.
Each defendant named above is a natural person
~ except defendant (name): ~ except defendant (name):

a business organization, form unknown O a business organization, form unknown
D a corporation O a corporation
D an unincorporated entity (describe): O an unincorporated entity (describe):
(4) O a public entity (describe): O a public entity (describe):
O other (specify):
this form is used as a cross-corn
*If laintiff means cross-corn
laint,
other (specify):
lainant and defendant means cross-defendant. Paet of 2
Form Approved for Optional Use
Judicial Council of California
COMPLAINT—Contract Code of Civil Procedure, g 425.12

PLD-C-001 [Rev. January 1, 2007]
PLD-C-001
SHORT TITLE: CASE NUMBER:
Wells Fargo Bank, N.A. v.
APRIL BISCHEL

(Continued)
b. The true names of defendants sued as Does are unknown to plaintiff.
(1) ~ Doe defendants (specify Doe numbers):
defendants and acted within the scope of that agency or employment.
were the agents or employees of the named

(2) ~ Doe defendants (specify Doe numbers):
plaintiff.
are persons whose capacities are unknown to

c.
d.
~
~ Information about additional defendants who are not natural persons is contained in Attachment 4c.
Defendants who are joined under Code of Civil Procedure section 382 are (names):

5. ~ Plaintiff is required to comply with a claims statute, and
a. ~ has complied with applicable claims statutes, or
b. ~ is excused from complying because (specify):

Q This action is subject to Q Civil Code section1812.10 Q Civil Code section 2984.4.
This court is the proper court because
a.
b.
~
~ a defendant entered into the contract here.
a defendant lived here when the contract was entered into.
c.
d.
~
~ a defendant lives here now.
the contract was to be performed here.
e. ~
~ a defendant is a corporation or unincorporated association and its principal place of business is here.
real property that is the subject of this action is located here.
f.
g. ~ other (specify):

The following causes of action are attached and the statements above apply to each (each complaint must have one or
more causes of action attached):
~
~ Breach of Contract
Common Counts
~ Other (specify):

9. ~ Other allegations:

10. Plaintiff prays for judgment for costs of suit; for such relief as is fair, just, and equitable; and for
a. ~ damages of: $ 10,849.55

~ interest on the damages
~ according to proof
(1)

~
(2) ~ at the rate of (specify):
attorney's fees
percent per year from (date):

~of:
(1)

~
(2) ~ $
according to proof.
other (specify):
Plus costs of suit.Minus any payments made that have not yet been credited.

11. ~ The paragraphs of this pleading alleged on information and belief are as follows (specify paragraph numbers):

Date: 05/06/20
Harlan M. Reese, Esq.
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY FOR PARTY)

If ou wish to verif this leadin, affix a verification.
PLD-C-001 [Rev. January 1, 2007]
COMPLAINT— Contract Page 2 of 2
PLD-C-001 1
SHORT TITLE: CASE NUMBER:
Wells Fargo Bank, N.A. v.
APRIL BISCHEL

FIRST CAUSE OF ACTION — Breach of Contract
(number)

ATTACHMENT TO ~ Complaint ~ Cross - Complaint

(Use a separate cause of action form for each cause of action.)

BC-1. Plaintiff (name): AS STATED IN PARAGRAPH "1"

alleges that on or about (date): July 25, 2013
a ~ written ~ oral ~ other(specify):
agreement was made between (name parties to agreement): DEFENI3ANT ANI3 PLAINTIFF OR PLAINTIFF'S ASSIGNOR
SET FORTH IN EXHIBIT 1.

~
~ A copy of the agreement is attached as Exhibit
The essential terms of the agreement ~1, or
are stated inAttachment BC-1

BC-2. On or about (dates): VARIOUS DATES AFTER THE CONTRACT WERE EXECUTEI3
defendant breached the agreement by
(specify):FAILING TO PAY AS AGREED.
~ the acts specified in Attachment BC-2 the following acts

BC-3. Plaintiff has performed all obligations to defendant except those obligations plaintiff was prevented or excused
from performing.

BC-4. Plaintiff suffered damages legally (proximately) caused by defendant's breach of the agreement
~ as stated in Attachment BC-4 ~ as follows (specify):DAMAGE IN THE AMOUNT OF $ 10,849.55

BC-5 ~ Plaintiff is entitled to attorney fees by an agreement or a statute
~ of

BC-6 ~ ~
Other:
$
according to proof.

Plus costs of suit.Minus any payments made that have not yet been credited.

Page
Pae1of1
Form Approved for Optional Use
Judicial Council of California
CAUSE OF ACTION — Breach of Contract Code of Civil Procedure, IJ 425.12
www.courtinfo.ca.gov
PLD-C-001(1) [Rev. January 1, 2007]
PLD-D-001 2
SHORT TITLE: CASE NUMBER:
Wells Fargo Bank, N.A. v.
APRIL BISCHEL

SECOND CAUSE OF ACTION — Common Counts
(number)

ATTACHMENT TO ~ Complaint ~ Cross- Complaint

(Use a separate cause of action form for each cause of action.)

CC-1. Plaintiff (name): AS STATED INPARAGRAPH "1"

alleges that defendant (name):

became indebted to ~ plaintiff ~ other (name):

~ within the last four years
~ on an open book account for money due.
(1)
(2) ~ because an account was stated in writing by and between plaintiff and defendant in which it
was agreed that defendant was indebted to plaintiff.

+(I)
within the last
~ + two years + four years
for money had and received by defendant for the use and benefit of plaintiff.
(2) ~ for work, labor, services and materials rendered at the special instance and request of defendant
and for which defendant promised to pay plaintiff.
~ the sum of $

(3) ~ ~ the reasonable value.
for goods, wares, and merchandise sold and delivered to defendant and for which defendant
promised to pay plaintiff
~ the sum of $ 10,849.55

~ ~ the reasonable value.
for money lent by plaintiff to defendant at defendant's request.
(4)
(5) ~ for money paid, laid out, and expended to or for defendant at defendant's special instance and
request.
~ other (specify):

CC-2 $ 10,849.55 , which is the reasonable value, is due and unpaid despite plaintiff's demand,

plus prejudgment interest
from (date):
~ according to proof ~ at the rate of percent per year

CC-3. ~ ~Plaintiff is entitled to attorney fees by an agreement or a statute
of$

CC-4. ~ ~
Other:
according to proof

Plus costs of suit.Minus any payments made that have not yet been credited.

Page
Page 1 of 1
Form Approved for Optional Use
Judicial Council of California
CAUSE OF ACTION —Common Counts Code of Civil Procedure, tJ 425.12
www.courtinfo.ca.gov
PLD-C-001I2) [Rev. January 1, 2009]
VERIFICATION

I, Harlan M. geese, Esq., declare:

I am an attorney at law admitted to practice before allcourts of the State of
California, and have my office in San Diego County, California; and am the attorney for
Plaintiff in ihe above-entitled action.

2. Plaintiff is unable to make this Verification because officers of Plaintiff are absent
from the county in which I have my office, and for that reason, affiant makes this
verification on Plaintiffs behalf.

3. I have read the foregoing Complaint. The allegations pertaining to venue and the
nature of the action are true. All other allegations are true based on information and
belief.

I declare under penalty of perjury under the laws of the State of California that
the foregoing is true and correct and that this Verification was executed on
05/06/20, at Carlsbad, California.

Harlan M. Reese, Esq.
Page 1 of 8

Consumer Credit Card Customer Agreement & Disclosure Statement
Visa
TABLE OF CONTENTS
Your Contract With Us: Section 1

Using Your Account: Section 4
Changes To This Agreement: Section 10
Fees And Interest: Section 11
Billing Statements And Payments: Section 19
Other Important Information: Section 21
Arbitration: Section 31
Your Billing Rights: Section 32
Active Duty Military Servicemembers and Their Dependents: Section 33
Interpreter Certification: Section 34
Notice To California Cardholders
To our California customers who have discussed credit card terms and conditions with us in Spanish, Chinese, Korean, Vietnamese, or Tagalog:

Read Section 34 about interpreter certification before you activate your credit card.

Lea la Seccion 34 sobre certificacion de interprete antes de activar su tarjeta de credito.
iwjiT'M'-g-.BJ
=.ulster'(- )fj(a)fj j=z. HiikIit1% 34 Vi)(rs
.

+joioi&Isr7l.r- ~ ~J+~~@oihi7l alai.
xROI m~rxhi- ol — Oil
34~& ohl7l
o~& ui-a&Llci-

Hay doc Phan 34 ve xac nhan thong dich vien truoc khi quy vi kich hoat the tin dung cua minh.

Basahin ang Seksyon 34 tungkol sa sertipikasyon ng tagapagsaling-wika bago mo i-activate ang iyong credit card.
Your Contract With Us

(1) Agreement. This contract for your credit card account (" Account" ) includes the Credit Card Agreement (" Agreement" ), the Important Terms of Your Credit Card
Account and future amendments to this Agreement. This Agreement is a contract between Wells Fargo Bank, N.A. and each Account holder. You and any joint Account
holder accept the terms of this Agreement by using or activating your Account. Please read this Agreement carefully and keep it for your records.

(2) Definitions

Annual Percentage A rate, shown as a percentage, used to calculate interest on the balance on your Account.
Rate (APR)
The time period between billing statements. Each billing statement shows a statement closing date which is the
Billing Cycle or
Billing Period last day of the Billing Cycle.
The transfer of a balance from another credit account to your Account, including the use of a check that accesses
Balance Transfer your Account.

Card Any cards we issue to you or any devices we allow you to use to access credit on your Account.
Use of your Card to get cash. Examples include using your card for Cash Advances through an ATM, bank teller or
We/Is Fargo Online, Overdraft Protection advances, Balance Transfers, or cash-like purchases such as money
Cash Advance orders, wire transfers, traveler checks, foreign currency, lottery tickets, casino chips, off-track wagers, other
wagers, vouchers redeemable for cash or similar items.
A device, other than your Card, like SUPERCHECKS™ and mobile devices, that we allow you to use to access
Credit Access Device credit on your Account.

Important Terms of
A summary of your Account's APRs, fees and other important information.
Your Credit Card
Account
New Balance The total amount you owe as of a statement closing date.
'The sum of all unpaid amounts, including Purchases, Cash Advances, Balance Transfers, interest, fees and any
Outstanding Balance other amounts that you may owe us.
The date the Minimum Payment is due. It will be at least 25 days from the statement closing date and will be
Payment Due Date provided on your billing statement.
Use of your Account to buy or lease goods or services. Cash Advances, Balance Transfers and cash-like
Purchase transactions are not Purchases. Tax payments and associated fees are Purchases.

Credit Limit This is the amount that is available for your use.

Wells Fargo Bank, N.A.
We, Us, and Our

You and Your The Account holder(s) who opened the Account.

EXHIBIT '1

https://puvrw99a0007.wells fargo.corn: 8443/disclose/Disclosure Servlet 10/22/2019
Page 2 of 8

(3) Contacting You. You agree that we have your consent to contact you at any phone number, email address, or mailing address you provide for any Wells Fargo
account or at any number that you call us from or at any number that we obtain by other means. Your consent allows us and any companies working on our behalf to
service your account, to use any means to contact you including: automated dialing devices, prerecorded/artificial voice messages, mail, e-mail, text messages, push
notifications, and calls to your cell phone, or any other data or voice transmission technology. You are responsible for any service provider charges you may incur as a
result of us contacting you by any means, whether such charges are related to text, data, equipment or other plans. You will promptly notify us if you change any contact
information, including your name, mailing address, e-mail addresses, or phone numbers. If you have a joint Account, a notice to one of you will serve as a notice to both
of you. We may use voice recognition technology to verify your identity when you call. We may capture and store your voiceprint for this purpose. We may monitor and
record any calls between you and us.

~t!kt
Using Your Account

(4) Using Your Account. You may use your consumer credit card Account for Purchases, Balance Transfers, Cash Advances and any other transactions we allow. You
promise to use your Account only for lawful personal, family, or household purposes. We reserve the right to deny transactions or authorizations from merchants who
may be engaging in the internet gambling business. We are not responsible for anyone who refuses to accept your Card or any other Credit Access Device. We may
decline any transaction at any time. Your credit card may not be used to make a payment on any other Wells Fargo credit account.

Cash Advances from ATMs. Cash Advances from ATMs may be limited by amount or frequency. The ATM owner may have additional restrictions.
Ifthe ATM owner
charges any fee, that fee will be included as part of the total Cash Advance amount.

Cash Advances for Overdraft Protection. You may elect to have an automatic Cash Advance from your Account to cover an overdraft on a linked Wells Fargo
checking account. To cover an overdraft on a linked Wells Fargo checking account, we will advance the greater of
the amount of your overdraft; or
$ 25. 00

Exceptif

~the amount of available credit on your Card is less than the amount of the overdraft or less than $ 25.00, we will then advance the amount of available credit.
The APR and fees that apply to overdraft protection advances are listed in the Important Terms of Your Credit Card Account. Overdraft protection advances, interest and
fees may cause your Account balance to exceed your credit limit. If there is more than one person fisted on the checking account (such as a joint checking account) that
you have linked for overdraft protection, then:

You will be responsible for all overdraft protection advances regardless of which person writes the check or engages in any other transaction (such as a debit card
purchase) that causes the overdraft; and
You agree to allow us to disclose to any other person on your checking account, that this Card is linked to your checking account for overdraft protection.

We reserve the right to cancel, suspend, or change your overdraft protection service at any time, for any reason.

Credit Access Devices. SUPERCHECKS can be used to access your Account similar to writing a check on a deposit account. SUPERCHECKS checks will post as a
Balance Transfer only when they are included with a Balance Transfer offer. If a SUPERCHECKS check is not included with a Balance Transfer offer it will post as a
Cash Advance. They will include transaction fees and interest.

Some restrictions apply to SUPERCHECKS:
They may not be written as payment on any Wells Fargo account.
They may be used only by the person whose name is printed on the check.
They must be written in U.S. dollars.
They cannot be certified.
You cannotfilea claimagainst the
bank when you have adisputewitha merchant aboutpayment for or services
property thatyou paidforusing a
SUPERCHECKS check.
We reserve the right to put conditions on the use of SUPERCHECKS checks and to reject, decline and return unpaid any SUPERCHECKS check or advance at
our discretion.

You or an authorized user may be permitted to load your credit card to an app on a smart phone, tablet or other electronic device, such as,
Third Party/Mobile Devices.
through a mobile wallet, which could be used for purchases or other transactions without presenting the card. Any such Transactions are covered by this Agreement. We
have no control over the device and cannot guarantee the performance of the device.

Additionally:

You should protect the security of the device the same as your credit card or other valuable information.
There may be third party fees related to the transaction such as mobile carrier data or messaging charges.
We may, at any time, partially or fully restrict your ability to make credit transactions through a third party/mobile device. You agree to notify us promptly if you
remove or want to remove your Account information from any third party/mobile device.

(5) Authorized Users. If you wish to have an additional Card issued in another person's name, please contact us and we will send you a Card with the name of the
authorized person embossed on the front of the Card. You are responsible for payment of the entire amount owed to us, including any Purchases, Balance Transfers or
Cash Advances (and all related interest and fees) made by the authorized person.

you want to end an authorized user's privilege to use your Account, you must:
Ending Authorized User Privileges.
If

Recover and destroy that person's Card. If you do not, you will continue to be liable for any charges made, even if you'e advised us of your wish to cancel the
privileges, unless you tell us to cancel all Cards and establish a new Account for you.
You must notify us of your request by contacting us at the number on the back of your Card or by mail at Wells Fargo Bank, N.A., P.O. Box 10347, Des Moines, IA
50306.

In general, an authorized person is not obligated on this Account and is not liable for any Outstanding Balance or any other charges made by you or by any other
authorized person. In the event of the death of all fully liable cardholders, authorized users'rivilege ends automatically. After that, if any person uses the Card, such use
indicates his or her agreement to pay us, and we may, at our discretion, pursue the person for payment of any Outstanding Balance or any other charges they authorize.

EXHIBIT I
https://puvrw99a0007.wellsfargo.corn:8443/disclose/DisclosureServlet 10/22/2019
Page 3 of 8

You agree to notify each authorized person that they are subject to all applicable sections of this Agreement.

Information about Authorized Users. You agree to give us certain personal information about each authorized user. You must have permission from each authorized
user allowing you to give us that personal information. This may include name, address, social security number, date of birth and citizenship.

(6)Lost or Stolen Cards and Liability for Unauthorized Use, and Zero Liability Protection. You must notify us immediately if your Card or account information is
lost or stolen, or if you believe it's being used without your permission. You may contact us by phone at 800-642-4720&': or in writing at Wells Fargo Card Services, PO
Box 10347, Des Moines, IA 50306. You agree to assist us in our investigation of the matter. If you do this and we find you not responsible, you will not be held liable for
the unauthorized use of your Account.

(7) Promise to Pay. When you use your Account or let someone else use it, you promise to pay the total amount of the Purchases, Cash Advances, and Balance
Transfers, plus all interest, fees and other amounts that you may owe us. We may limit or close your Account, but the terms of this Agreement will apply until you pay the
Account in full.

(6) Credit Limit.
We may assign the following limits to your Account:

Cash Advance the amount of your credit limit that can be used for Cash Advances.
Limit. We may restrict

Your total credit limit will be provided with your Credit Card and shows on each of your billing statements. You promise to use your Account only to the limits. If you
exceed your total credit limit, we may allow the transaction without increasing your total credit limit or deny the transaction. If we allow the transaction, we may treat that
over limit amount as due with the minimum payment on your next statement. If you exceed the limits, you will still remain liable for all credit you receive. We can adjust
your credit limit at any time, including automatic credit line increases for those who qualify.

We don't guarantee approval of transactions.
(9) Authorizations. We such as account default,
right to deny transactions for any reason,
reserve the suspected
fraudulent or unlawful activity, internet gambling, or any indication of increased risk related to the transaction. If you engage in abuse, misuse or gaming in connection
Abuse, misuse or gaming includes, but is not limited to, making
with earning or using points or attempt to do so, we may close or restrict your Wells Fargo credit card(s).
multiple purchases and multiple payments during a billing cycle whereby the dollar amount for each purchase in the aggregate substantially exceeds your credit limit.
We
also may limit the number of authorizations we allow during a period of time.

Transactions at some merchants (such as hotels, car rental companies, restaurants, and gas stations) may result in temporary authorizations for amounts greater than
the actual Purchase amount. This will make less credit available on your Account for several days, usually until the date the actual Purchase amount is received from the
merchant.

If you give your credit card information to a merchant to bill your account for recurring payments, or to keep it on file for future purchases or payments, and your card
number, expiration date, or security code changes, you should notify the merchant with your new card information. Some card networks provide update services and
receive updated card information from Wells Fargo. Merchants that participate in such services will receive updated card information from the network for credit cards
that you have provided to the merchant for recurring or future purchases or payments.
We cannot tell you which merchant will receive updated card information when
your card information changes. You should always provide each merchant with your new card information because some merchants do not subscribe to such network
services.
~t!kt
Changes To This Agreement
(10) Change in Terms. We may change this Agreement at any time. These changes may apply to existing and future balances. We will give you advance written notice
of the changes and a right to reject the changes if required by law. We may require you to close your Account or take other actions if you reject the changes.

~Bk t
Fees And Interest
(11) Fees.
The following fees may apply to your account.
they do apply, you
If the amount
will find inthe Important Terms of Your Credit Card Account. You agree to pay
any fees that apply.
If your account has an annual fee it will be charged each year your account is open. The annual fee will not be billed after your Account is closed.
Annual Fee.
Balance Transfer Fee. This fee may be charged on a Balance Transfer transaction.
Cash Advance Fee. This fee may be charged on a Cash Advance from your Account.
Overdraft Protection Advance Fee. This fee may be charged when an overdraft amount is advanced to the checking account linked to your Credit Card Account by
you.
Foreign Currency Conversion Fee. If you make a transaction in a foreign currency, Visa will convert it into a U.S. dollar amount. A foreign currency conversion fee
may be charged when this is done.
Late Fee. This fee may be charged each time we do not receive the required Minimum Payment due by the Payment Due Date.
Returned Check or Returned Payment Fee. This fee may be charged when a payment is not processed the first time or is returned unpaid.
Rush Plastic Fee. This fee may be charged if you requested expedited delivery for your credit card.

Additional fees may be charged if agreed between you and us. All fees will be added to the Purchases balance, except Cash Advance fees and Overdraft Protection fees
which will be added to the Cash Advance balance on your Account.

(12) Foreign Currency Transactions.
If you make a transaction in a currency other than U.S, dollars using a Visa Card, then Visa International "Visa" will convert the charge into a U.S. dollar amount. The
exchange rate between the transaction currency and the billing currency used for processing international transactions is either (a) a rate selected by Visa from the range
of rates available in wholesale currency markets for the applicable central processing date, which rate may vary from the rate Visa itself receives, or (b) the government-
mandated rate in effect for the applicable central processing date. The currency conversion rate for the processing date may differ from the rate in effect on the date of
the transaction or the date the transaction is posted to your Account.

Point of Sale Conversion. Some merchants outside the United States offer cardholders the option of having Card transactions converted to U.S. dollars by Visa, as
described above, or by the merchant itself. If the latter option is chosen, the currency conversion rate is determined solely by the merchant involved in the transaction,
and no foreign currency conversion fee is charged by the bank for the transaction.

(13) Rates. The following sections describe how we calculate the interest you owe each Billing Period. The Important Terms of Your Credit Card Account list the APRs

EXHIBIT I
https://puvrw99a0007.wells fargo.corn: 8443/disclose/Disclosure Servlet 10/22/2019
Page 4 of 8

that apply to different types of balances.

Introductory Rates. Your account may be eligible for introductory rates. This would be described in the Important Terms of Your Credit Card Account. If you are offered
a promotional rate after your account is opened, the terms will be provided at that time. After any introductory or promotional rates expire, the remaining balances will be
subject to the applicable Standard or Standard Variable APR terms.

How we Calculate your Standard Variable APRs. If your account has a variable rate the APR will vary based on the U.S. Prime Rate plus the applicable "Margin". See
the Important Terms of Your Credit Card Account for the "Margin" on Purchases,
Balance Transfers, Cash Advances, and overdraff protection advances, and daily
For each Billing Period, we use the U.S.
periodic rates that apply to your Account. Prime Rate or the average of the U.S.
Prime Rates (if there is more than one)
published in the "Money Rates" column of The Wa/I Street Journal three business days prior to your billing statement closing date. If the U.S. Prime Rate is no longer
published or is not available, we may select a similar index. A change in the APR may increase or decrease the total amount of interest you pay and your Minimum
Payment due. If the APR changes due to a change in the U.S. Prime Rate, the new APR will apply to both existing and future balances on the first day of your Billing
Cycle. The APR will continue to vary even if your Account is closed.

Standard APRs.If your Account is subject to Standard APRs, the Standard APRs will not vary with the market based on the U. S. Prime Rate. However, we may change
the Standard APRs from time to time in accordance with the Change In Terms information described in section 10. The rates that apply to your account are listed in the
Important Terms of Your Credit Card Account.

Daily Periodic Rates. The daily periodic rates are calculated by dividing each applicable APR by 365.

(14) Minimum Interest Charge. Your account may have a Minimum Interest Charge. See The Important Terms of Your Credit Card Account for the applicable charge.

(15) When we Charge Interest. For most transactions, interest will be charged beginning on the date a transaction is made on your account. We charge interest on a fee
beginning on the first day of the Billing Cycle following the Billing Cycle in which the fee posted to your Account.

(16)Here's how and when specific
Transactions, fees and credits are applied:
We addthe amount of a Purchase or Balance Transfer to the Purchase balance as of the transaction date shown on your statement.
We addBalance Transfer fees to the Purchase balance as of the transaction date shown on your statement.
We addthe amount of a Cash Advance to the Cash Advance balance as of the transaction date shown on your statement.
We addCash Advance Fees to the Cash Advance balance as of the transaction date shown on your statement.
We addthe amount of any Overdraft Protection advance to the Cash Advance balance as of the transaction date shown on your statement.

(17) How we Calculate Interest. We begin by calculating the daily balance of each Transaction category. Next we calculate the Average Daily Balance (ADB). Finally,
we calculate the interest. See each section below for details.

1. Calculating the daily balance: the daily balance is calculated separately for each Transaction category. We start with the daily balance from the end of the
We add
previous day. inany new Transactions
and other charges, interest accrued
including on thepreviousday'sbalance.
Thismeans interest
is
compounded daily. We then subtract any payments or credits.

Example for the Purchase Transaction category:
Daily balance for purchases from the previous day
+ New purchases
+ Fees and interest accrued on the previous day's Transaction category balance
- Payments, credits and adjustments that posted that day
= New daily balance for Purchases

Calculating the Average Daily Balance (ADB): we add up all the daily balances for the Billing Cycle starting with the beginning balance of the first day of
the Billing Cycle. This beginning balance will include any unpaid fees from the previous Billing Cycle and any late fees incurred during the current Billing
Cycle. Any daily balance that is a credit balance is treated as zero. We divide this amount by the number of days in the Billing Cycle.

ADB = sum of daily
balances number of days
—:
inthe Billing Cycle

3. Interest Calculation: we calculate the interest charge for each type of balance by applying the daily periodic rate to the ADB and multiplying this by the
number of days in the Billing Cycle.

Interest Charge = daily periodic rate x ADB x number of days in Billing Cycle

(18) Grace Period. To avoid paying interest on new Purchases you have to pay your entire New Balance by the Due Date on your statement each Billing Period. You
cannot avoid interest on Cash Advances or Balance Transfers. Your due date will be at least 25 days from the statement closing date and will be provided on your billing
statement.
~Bk t
Billing Statements And Payments

(19) Billing Statements.
Ifyou have a balance on your account you will receive a billing statement. Your billing statement will show your Minimum Payment due and the
Payment Due Date.

(20) Payments. You may pay all or part of your Account balance at any time, but you must pay the Minimum Payment, disclosed on your billing statement, by the
Payment Due Date.

Minimum Payment Your Minimum Payment Due includes any amount past due plus the greater of:

1.The sum of late, returned check, returned payment, rush plastic, and annual fees and interest billed during the Billing Cycle for which the Minimum Payment is
calculated plus 1% of the New Balance shown on the billing statement; or
2. $ 25.00 (or the entire balance on the Account if the New Balance is less than $ 25.00).

We require you to pay any amount over the limit of your credit card account. However, that amount is not included in your Minimum Payment Due.

EXHIBIT 'I

https://puvrw99a0007.wells fargo.corn: 8443/disclose/Disclosure Servlet 10/22/2019
Page 5 of 8

not be used to meet the Minimum Payment.
The Minimum Payment is rounded-up to the next highest whole dollar amount. Credits
will

Payment Instructions. Follow these instructions when making a payment:
1. You must pay in U.S. dollars.
2. Payment must be made with a personal check, money order or cashier's check and must be issued by

Case Info

Judge

Stephen E. Benson Track Judge’s New Case

Case No.

(Subscribe to View)

Document Filed Date

August 06, 2020

Case Filing Date

August 06, 2020

County

Parties

For full print and download access, please subscribe at https://www.trellis.law/.

Complaint,Petition: Wells Fargo Bank, N A vs Bischel, April

Preview

Related Topics

Case Info

Parties