Preview
16-2020-SC-006529-XXXX-MA Div: CC-N
Filing # 105746067 E-Filed 04/01/2020 03:53:15 PM
IN THE COUNTY COURT OF THE FOURTH JUDICIAL CIRCUIT
IN AND FOR DUVAL COUNTY, FLORIDA
CIVIL DIVISION
PORTFOLIO RECOVERY ASSOCIATES, LLC
Plaintiff, CASE NUMBER:
vs.
JUDGE:
MALIK DAVIS
Defendant(s).
Our File #4018267
COMPLAINT
COMES NOW, the Plaintiff, PORTFOLIO RECOVERY ASSOCIATES, LLC, by and through its undersigned Counsel, and
sues Defendant(s), MALIK DAVIS, and states as follows:
GENERAL ALLEGATIONS
1. This is an action for damages that does not exceed $8,000.00 and is within the jurisdictional limits of this Honorable
Court.
2. Plaintiff has been informed and believes that Defendant(s), MALIK DAVIS, currently reside(s) within
the jurisdictional boundaries of DUVAL County, therefore making this Court the proper venue to bring
the instant action.
3. Upon Defendant’s(s’) request, SYNCHRONY BANK established a credit account in the name of
Defendant(s), MALIK DAVIS, either by application, telephone, or internet, and the terms of
said application issued a credit account bearing the account number ******##**
4. Prior to the commencement of this action, Plaintiff, PORTFOLIO RECOVERY ASSOCIATES, LLC,
acquired Defendant’s(s’) account originated by SYNCHRONY BANK.
5. Although numerous demands have been made by Plaintiff upon Defendant(s) for payment, there remains
an amount due and owing.
6. Plaintiff and its predecessors have duly performed all promises, conditions precedent, and agreements as
required.
7. This is an attempt to collect a debt and any information obtained herein will be used for that purpose.
COUNT 1- UNJUST ENRICHMENT
Plaintiff re-adopts and re-alleges allegations one (1) through seven (7) and further states as follows:
8. SYNCHRONY BANK conferred a benefit to and rendered valuable services on the Defendant(s) by
opening a credit account and providing credit pursuant to a request made by Defendant(s).
9. Defendant(s) received and used, or authorized the use of, the credit extended by SYNCHRONY BANK,
knowing that SYNCHRONY BANK expected to be repaid for all charges and advances incurred with
said credit, together with interest there on.
10. By SYNCHRONY BANK extending the aforementioned benefits and services to Defendant(s) and by
Defendant(s) utilizing said benefits and services, Plaintiff, PORTFOLIO RECOVERY ASSOCIATES,
LLC, is entitled to be compensated for same.
ACCEPTED: DUVAL COUNTY, RONNIE FUSSELL, CLERK, 04/03/2020 01:37:49 PM.Date:
i.
12.
13.
14.
15.
With each use of the credit account, SYNCHRONY BANK paid money on behalf of Defendant(s) to the
merchant or merchants with whom said account was used.
Based on the facts and circumstances occurring between the parties to this lawsuit, it would be
inequitable for Defendant(s) to retain the benefits bestowed upon it by SYNCHRONY BANK without
paying the value thereof, and no other adequate legal remedy exists.
Defendant(s) has/have been unjustly enriched at the expense of, and to the detriment of SYNCHRONY
BANK, for a total amount owed by Defendant(s) of $3,809.32 to Plaintiff, PORTFOLIO RECOVERY
ASSOCIATES, LLC.
COUNT 2- ACCOUNT STATED
Plaintiff re-adopts and re-alleges allegations one (1) through thirteen (13) and further states as follows:
A final statement was sent to the Defendant(s) to which the Defendant(s) did not object.
The current outstanding balance is $3,809.32. The account was charged off on November 15, 2017. See
Attached.
WHEREFORE, Plaintiff, PORTFOLIO RECOVERY ASSOCIATES, LLC, respectfully requests this Honorable
Court enter Judgment in its favor against Defendant(s), MALIK DAVIS, in the sum of $3,809.32 together with court
costs and any other just and further relief as this Honorable Court deems just and proper.
03/30/2020 ésf Sarah C. Daley
Jessica J. Fagen - Bar No. 50668
Sarah C. Daley - Bar No. 105834
Michelle Quiles - Bar No. 0121901
Jarrett A. Lane - Bar No. 1020510
Ashley L. Moore - Bar No. 0125270
Bryan Manno - Bar No. 0414573
RAUSCH STURM
ATTORNEY FOR PLAINTIFF
5801 Ulmerton Rd, Suite 201
Clearwater, FL 33760-3951
(877) 215-2552 TTY: 711
lawfirmFL@rsieh.comCARECREDIT/SYNCHRONY BANK ‘MALIK DAVIS,
Statement Closing Date: 10/19/2017
Summary of Account Activity Payment Information
Previous Balance $3,766.20 || New Batanco $3,809.32
+ New Purchases $0.00 || Minimum Payment This Period $232.00
+ Payments $0.00 || Amount Past Due $1,349.00
+h Credits, Fees & Adjustments (net) $37.00 || Total Minimum Payment Due $1,581.00
+_Interest Charge (net) $6.12 | | payment Due Date s1ni2017
New Balance $3,809-22| | paYMENT DUE BY 5 P.M. EASTERN ON THE DUE DATE.
Credit Limit $5,400.00 | | We may convert your payment into an electronic debit. See
Available Credit $0.00 || Feverse side.
Days in Billing Period ”
-ayment 2 ive your
Pay online for free at: mysynchrony.com Late Payment won the Parmar bu bok tated above,
For Synchrony Bank customer service orto roport your || rm jerome alate ecu i 997,00, .
card lost or stolen, call (1-866-893-7864).
Minimum Payment Warning: Making only the Total Minimum
Best limes to call are Wednesday - Friday. Payment Due will increase the amount of intrest you pay and
the time it takes to repay your balance. For examplc:
Hyoumakeno | Youwill pay off JAnd you will end up|
additional charges | the balance shown paying an estimated
using this card and] on this statement| total of ..
each month you | in about...
Pay
‘Only the minimum 43 months. $3,816.00
payment
Ifyou would like information about credit counseling services,
call 1-877-302-8797.
Promotional Expiration Notification
‘YOU MUST PAY EACH PROMOTIONAL BALANCE IN FULL BY ITS EXPIRATION DATE TO AVOID PAYING DEFERRED
INTEREST CHARGES. PLEASE SEE THE PROMOTIONAL PURCHASE SUMMARY SECTION ON THIS STATEMENT
FOR FURTHER DETAILS. YOU HAVE A PROMOTION(S) EXPIRING ON 11/18/18.
Promotional Purchase Summary
Promational Promotional Deferred Tran Date | Description Initial
Expiration Balance —_| Interest Charge Purchase
Date ‘Amount
Doferred InteresUNo Interest If Paid In
11/48/2018 $3,513.00 $1,469.68 | 10/27/2016 | Foy
$4,438.00
‘A summary of your promotional purchase is provided above.
you have a DEFERRED INTERESTINO INTEREST IF PAID IN FULL promotion: To avoid paying Deferred Interest Charges
‘on these promotion(s), you must pay the entire applicable Promotional Balance by the Promotional Expiration Date. Ona
Fixed Payment (Extended Payment Plan) promotional purchase, the Interest Charge is billed monthly and included as part of
‘the Minimum Payment due,
‘To make more than one payment see Make Payment To address or pay online at mysynchrony.com.
|Transaction Summary
Tran Date | PostDate | Reference Number Description Amount
FEES
soni2017 10/11/2017 LATE FEE $37.00
TOTAL FEES FOR THIS PERIOD $37.00]
ntinued on next page
“NOTICE: See reverse side and additional pages (if any) for important information concerning your account.
5302 orn 17 6 ino EDPACE 1 of 3 9072 3400 c693 o1css302
Pay onine at mysynchrony.com or encfose this coupon with your check. Pfease use bive or back nk.
Total Minimum | Past Due Payment New “Account Number
Payment Due | Amount Due Date Balance
$1,581.00 $1,349.00 | 1112017 $3,809.32
meet: $1 JIL.
New address or e-mail? Payment due includes $ 1,349.00 past due. Please pay the past due amount PROMPTLY.
Chet henge on bak It you only pay the Total Minimum Dua lt may not pay aff the Promotional Purchase by the Expiation Date.
MALIK DAVIS
2435 FOOTBRIDGE LN
JACKSONVILLE FL 32224-1893 Pa to: SYNCHRONY
PO BOX 960061
‘ORLANDO, FL 32896-0061\Transaction Summary (Continued)
Tran Date | PostDate | Reference Number [Besesipion ‘Amount
INTEREST CHARGED
torig2017 10/19/2017 INTEREST CHARGE ON PURCHASES $6.12
TOTAL INTEREST FOR THIS PERIOD $6.12
2017 Totals Year-to-Date
[Total Fees Charged in 2017 $300.00}
[Total Interest Charged in 2017 $30.32
[Total interest Paid in 2017 $9.52]
Interest Charge Calculation
Expiration Date Annwal Balance Subjectto | Interest Charge
‘Type of Balance Porcontage Interest Rate
Rate (APR)
Purchases NA 26.99% $266.77 $6.12
Deferred Interest/No Interest f Paid In Full 4111872018 26.99% $4,627.72 $0.00
Cardholder News & Information
In order to protect your account privacy, we are unable to provide account information to anyone other than the cardholder(s) or
an authorized party. f you wish to permit us to speak to an authorized party such as a spouse about your account, please send
‘written authorization o the General Inquiries address.
Special Messages
‘A payment must be made each cycle to avoid late charges to your account.
5302 ora 17 16 1m EDPAGE 2 of 3 9072 3400 e693 o1css3025302 ora 17 16 1m EDPAGE 3 of 3 9072 3400 e693 o1css302
Preview
16-2020-SC-006529-XXXX-MA Div: CC-N Filing # 105746067 E-Filed 04/01/2020 03:53:15 PM IN THE COUNTY COURT OF THE FOURTH JUDICIAL CIRCUIT IN AND FOR DUVAL COUNTY, FLORIDA CIVIL DIVISION PORTFOLIO RECOVERY ASSOCIATES, LLC Plaintiff, CASE NUMBER: vs. JUDGE: MALIK DAVIS Defendant(s). Our File #4018267 COMPLAINT COMES NOW, the Plaintiff, PORTFOLIO RECOVERY ASSOCIATES, LLC, by and through its undersigned Counsel, and sues Defendant(s), MALIK DAVIS, and states as follows: GENERAL ALLEGATIONS 1. This is an action for damages that does not exceed $8,000.00 and is within the jurisdictional limits of this Honorable Court. 2. Plaintiff has been informed and believes that Defendant(s), MALIK DAVIS, currently reside(s) within the jurisdictional boundaries of DUVAL County, therefore making this Court the proper venue to bring the instant action. 3. Upon Defendant’s(s’) request, SYNCHRONY BANK established a credit account in the name of Defendant(s), MALIK DAVIS, either by application, telephone, or internet, and the terms of said application issued a credit account bearing the account number ******##** 4. Prior to the commencement of this action, Plaintiff, PORTFOLIO RECOVERY ASSOCIATES, LLC, acquired Defendant’s(s’) account originated by SYNCHRONY BANK. 5. Although numerous demands have been made by Plaintiff upon Defendant(s) for payment, there remains an amount due and owing. 6. Plaintiff and its predecessors have duly performed all promises, conditions precedent, and agreements as required. 7. This is an attempt to collect a debt and any information obtained herein will be used for that purpose. COUNT 1- UNJUST ENRICHMENT Plaintiff re-adopts and re-alleges allegations one (1) through seven (7) and further states as follows: 8. SYNCHRONY BANK conferred a benefit to and rendered valuable services on the Defendant(s) by opening a credit account and providing credit pursuant to a request made by Defendant(s). 9. Defendant(s) received and used, or authorized the use of, the credit extended by SYNCHRONY BANK, knowing that SYNCHRONY BANK expected to be repaid for all charges and advances incurred with said credit, together with interest there on. 10. By SYNCHRONY BANK extending the aforementioned benefits and services to Defendant(s) and by Defendant(s) utilizing said benefits and services, Plaintiff, PORTFOLIO RECOVERY ASSOCIATES, LLC, is entitled to be compensated for same. ACCEPTED: DUVAL COUNTY, RONNIE FUSSELL, CLERK, 04/03/2020 01:37:49 PM.Date: i. 12. 13. 14. 15. With each use of the credit account, SYNCHRONY BANK paid money on behalf of Defendant(s) to the merchant or merchants with whom said account was used. Based on the facts and circumstances occurring between the parties to this lawsuit, it would be inequitable for Defendant(s) to retain the benefits bestowed upon it by SYNCHRONY BANK without paying the value thereof, and no other adequate legal remedy exists. Defendant(s) has/have been unjustly enriched at the expense of, and to the detriment of SYNCHRONY BANK, for a total amount owed by Defendant(s) of $3,809.32 to Plaintiff, PORTFOLIO RECOVERY ASSOCIATES, LLC. COUNT 2- ACCOUNT STATED Plaintiff re-adopts and re-alleges allegations one (1) through thirteen (13) and further states as follows: A final statement was sent to the Defendant(s) to which the Defendant(s) did not object. The current outstanding balance is $3,809.32. The account was charged off on November 15, 2017. See Attached. WHEREFORE, Plaintiff, PORTFOLIO RECOVERY ASSOCIATES, LLC, respectfully requests this Honorable Court enter Judgment in its favor against Defendant(s), MALIK DAVIS, in the sum of $3,809.32 together with court costs and any other just and further relief as this Honorable Court deems just and proper. 03/30/2020 ésf Sarah C. Daley Jessica J. Fagen - Bar No. 50668 Sarah C. Daley - Bar No. 105834 Michelle Quiles - Bar No. 0121901 Jarrett A. Lane - Bar No. 1020510 Ashley L. Moore - Bar No. 0125270 Bryan Manno - Bar No. 0414573 RAUSCH STURM ATTORNEY FOR PLAINTIFF 5801 Ulmerton Rd, Suite 201 Clearwater, FL 33760-3951 (877) 215-2552 TTY: 711 lawfirmFL@rsieh.comCARECREDIT/SYNCHRONY BANK ‘MALIK DAVIS, Statement Closing Date: 10/19/2017 Summary of Account Activity Payment Information Previous Balance $3,766.20 || New Batanco $3,809.32 + New Purchases $0.00 || Minimum Payment This Period $232.00 + Payments $0.00 || Amount Past Due $1,349.00 +h Credits, Fees & Adjustments (net) $37.00 || Total Minimum Payment Due $1,581.00 +_Interest Charge (net) $6.12 | | payment Due Date s1ni2017 New Balance $3,809-22| | paYMENT DUE BY 5 P.M. EASTERN ON THE DUE DATE. Credit Limit $5,400.00 | | We may convert your payment into an electronic debit. See Available Credit $0.00 || Feverse side. Days in Billing Period ” -ayment 2 ive your Pay online for free at: mysynchrony.com Late Payment won the Parmar bu bok tated above, For Synchrony Bank customer service orto roport your || rm jerome alate ecu i 997,00, . card lost or stolen, call (1-866-893-7864). Minimum Payment Warning: Making only the Total Minimum Best limes to call are Wednesday - Friday. Payment Due will increase the amount of intrest you pay and the time it takes to repay your balance. For examplc: Hyoumakeno | Youwill pay off JAnd you will end up| additional charges | the balance shown paying an estimated using this card and] on this statement| total of .. each month you | in about... Pay ‘Only the minimum 43 months. $3,816.00 payment Ifyou would like information about credit counseling services, call 1-877-302-8797. Promotional Expiration Notification ‘YOU MUST PAY EACH PROMOTIONAL BALANCE IN FULL BY ITS EXPIRATION DATE TO AVOID PAYING DEFERRED INTEREST CHARGES. PLEASE SEE THE PROMOTIONAL PURCHASE SUMMARY SECTION ON THIS STATEMENT FOR FURTHER DETAILS. YOU HAVE A PROMOTION(S) EXPIRING ON 11/18/18. Promotional Purchase Summary Promational Promotional Deferred Tran Date | Description Initial Expiration Balance —_| Interest Charge Purchase Date ‘Amount Doferred InteresUNo Interest If Paid In 11/48/2018 $3,513.00 $1,469.68 | 10/27/2016 | Foy $4,438.00 ‘A summary of your promotional purchase is provided above. you have a DEFERRED INTERESTINO INTEREST IF PAID IN FULL promotion: To avoid paying Deferred Interest Charges ‘on these promotion(s), you must pay the entire applicable Promotional Balance by the Promotional Expiration Date. Ona Fixed Payment (Extended Payment Plan) promotional purchase, the Interest Charge is billed monthly and included as part of ‘the Minimum Payment due, ‘To make more than one payment see Make Payment To address or pay online at mysynchrony.com. |Transaction Summary Tran Date | PostDate | Reference Number Description Amount FEES soni2017 10/11/2017 LATE FEE $37.00 TOTAL FEES FOR THIS PERIOD $37.00] ntinued on next page “NOTICE: See reverse side and additional pages (if any) for important information concerning your account. 5302 orn 17 6 ino EDPACE 1 of 3 9072 3400 c693 o1css302 Pay onine at mysynchrony.com or encfose this coupon with your check. Pfease use bive or back nk. Total Minimum | Past Due Payment New “Account Number Payment Due | Amount Due Date Balance $1,581.00 $1,349.00 | 1112017 $3,809.32 meet: $1 JIL. New address or e-mail? Payment due includes $ 1,349.00 past due. Please pay the past due amount PROMPTLY. Chet henge on bak It you only pay the Total Minimum Dua lt may not pay aff the Promotional Purchase by the Expiation Date. MALIK DAVIS 2435 FOOTBRIDGE LN JACKSONVILLE FL 32224-1893 Pa to: SYNCHRONY PO BOX 960061 ‘ORLANDO, FL 32896-0061\Transaction Summary (Continued) Tran Date | PostDate | Reference Number [Besesipion ‘Amount INTEREST CHARGED torig2017 10/19/2017 INTEREST CHARGE ON PURCHASES $6.12 TOTAL INTEREST FOR THIS PERIOD $6.12 2017 Totals Year-to-Date [Total Fees Charged in 2017 $300.00} [Total Interest Charged in 2017 $30.32 [Total interest Paid in 2017 $9.52] Interest Charge Calculation Expiration Date Annwal Balance Subjectto | Interest Charge ‘Type of Balance Porcontage Interest Rate Rate (APR) Purchases NA 26.99% $266.77 $6.12 Deferred Interest/No Interest f Paid In Full 4111872018 26.99% $4,627.72 $0.00 Cardholder News & Information In order to protect your account privacy, we are unable to provide account information to anyone other than the cardholder(s) or an authorized party. f you wish to permit us to speak to an authorized party such as a spouse about your account, please send ‘written authorization o the General Inquiries address. Special Messages ‘A payment must be made each cycle to avoid late charges to your account. 5302 ora 17 16 1m EDPAGE 2 of 3 9072 3400 e693 o1css3025302 ora 17 16 1m EDPAGE 3 of 3 9072 3400 e693 o1css302