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Hunt & Henriques, Attorneys at Law : yt FILED
Michael S. Hunt, Esq. #99804 . SUPERIOR COURT
151 Bernal Road Suite 8
San José CA 95119-1306 9019 MAR 25 PH 2: ol.
Telephone: (800) 680-2426 ee
Facsimile: (408) 362-2299 ROSA JUNQUEIRG. CLERK
Attorneys for Plaintiff
A\ G12 Hog 7] J
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN JOAQUIN
STOCKTON BRANCH, CIVIL DEPARTMENT — LIMITED CIVIL JURISDICTION
PORTFOLIO RECOVERY ASSOCIATES, LLC, | Case No. STK-CV-LCCR-2018-7270
Plaintiff, SETTLEMENT AGREEMENT
v. JURISDICTION RETAINED UNDER
CODE OF CIVIL PROCEDURE § 664.6
OTNIEL OCAMPO, et al.,
Defendant(s)
IT IS HEREBY STIPULATED by and between the parties hereto:
1. OTNIEL OCAMPO (“Defendant”) stipulates to entry of judgment in favor of Portfolio
Recovery Associates, LLC (“Plaintiff”) in the principal sum of $3,601.61 plus court
costs pursuant to a memorandum of costs (which will be limited to Plaintiff's fee for
filing the complaint; Plaintiffs fee for service of process; fees (including any reporter
fee that the court may require at the time a motion or application is filed) for any
motion, application, and/or order that has been granted, including the motion or
application to enforce this Agreement and any order fee required to file the attached
proposed order; and Defendant’s first appearance fee if Plaintiff advances that fee in
order to file this Agreement); less credit for payments made in good funds before the
time of default.
Page 1 of 6
Settlement Agreement (iia of Civil Procedure § 664.6)
ppo002cs Ros ME 2983.01
\£&HuNT & HENRIQUES
151 BERNAL ROAD SUITE 8
SAN JOSE CALIFORNIA 95119
TELEPHONE:
00) 680-2426
FACSIMILE: (408) 362-2299
Oo eC WT DA BF WN =
YN MY RY RN NY YN Be Be Se Se ew ewe ee ee
oN DA A BBW NO = Seo we IY DH BW NY SK
4
2. The parties agree that an account has been stated and $3,601.61 is the accurate
liquidated amount owed on this debt. As such, Defendant acknowledges this as the
correct balance due. It is the parties’ intent that in the event of default in the payment
plan, Plaintiff shall be entitled to enter judgment for the total amount stated in { 1.
. Notwithstanding the stipulation to enter judgment, Plaintiff will not request that
judgment be entered so long as Defendant is not in default with the following payment
plan. Defendant agrees to pay to Plaintiff a down payment of $201.61 on or before
November 26, 2018 followed by a minimum of $200.00 on or before the 26th day of
each and every month commencing in December, 2018, until the Defendant has paid the
total sum of $3,601.61. This down payment and these consecutive monthly installments,
totaling $3,601.61, timely received, will constitute full satisfaction of the judgment.
. Payments due as stipulated above shall be made payable to Portfolio Recovery
Associates, LLC, notated with Defendant’s file number 1269993, and sent to:
Hunt & Henriques
151 Bernal Road Suite 8
San José CA 95119-1306
. The parties jointly request that this court retain jurisdiction under Code of Civil
Procedure § 664.6. The parties further request that this court vacate all future hearings
and stay all further action on this case pending completion of this agreement. If and only
if local rules so require, the parties, by their signatures below, authorize the court to
dismiss this case without prejudice. The parties further agree that in the event of a
default in payments and at the request of a party, the court shall reopen the case without
notice to the other party, vacate any dismissal, and enter judgment in the amount stated
in J 7 below. The parties further agree that this stipulation may at Plaintiff’s option be
enforced by independent action. The parties also agree to, and do, voluntarily waive all
statutes of limitation and any other legal impediment or bar to this court from
continuing or resuming jurisdiction of this case including, but not limited to, waiver of
rights and provisions of California Code of Civil Procedure §§ 583.160, 583.210,
Page 2 of 6
Settlement Agreement (Code of Civil Procedure § 664.6)
DD0002CJ | ROG 1269993.001HUNT & HENRIQUES
151 BERNAL ROAD SUITE 8
SAN JOSE CALIFORNIA 95119.
TELEPHONE: (800) 680-2426
FACSIMILE: (408) 362-2299
Oo em ND HW RP WN |
YvN MN NY MY RNY KY Se Se Se Se Be ese we we eB
SYA WK DNS = SDM IR AH Rw KH KS S
583.310, 583.360, 583.410, 583.420, and all other provisions of California law
regarding dismissal of actions for failure to prosecute or to bring an action to trial
within any time limit.
6. If Defendant pays in accordance with the terms set forth above, then Plaintiff shall
dismiss this case with prejudice after the final payment has been determined to be in
good funds. If the court has already dismissed the case without prejudice, then it will be
sufficient for Plaintiff to let the dismissal stand.
7. Time is of the essence with respect to all payments. Failure to have any payment
delivered to the above payment address on or before the due date will be a default. The
dishonor or reversal of any payment will be a default. In the event Defendant fails to
make any payment set forth above, Plaintiff shall be entitled to judgment against
Defendant in the principal amount of $3,601.61; plus court costs pursuant to a
memorandum of costs (which will be limited to Plaintiff's fee for filing the complaint;
Plaintiff's fee for service of process; fees (including any reporter fee that the court may
require at the time a motion or application is filed) for any motion, application, and/or
order that has been granted, including the motion or application to enforce this
Agreement and any order fee required to file the attached proposed order; and
Defendant’s first appearance fee if Plaintiff advances that fee in order to file this
Agreement); less credit for payments made in good funds before the time of default.
8. Acceptance of any one or more late or partial payments by Plaintiff or anyone acting on
Plaintiff's behalf shall neither constitute. a waiver of, nor in any way prejudice,
Plaintiff’s right to demand and receive timely payments thereafter or to declare a default
hereunder. Plaintiffs failure to declare a default under this stipulation when so entitled,
shall neither constitute a waiver of, nor in any way prejudice, Plaintiff’s right to declare
a default thereafter.
9. Upon a default by Defendant on any payment due to Plaintiff under the terms of this
stipulation, Plaintiff shall provide Defendant with ten (10) days written notice of its
intent to apply to the court to have the dismissal set aside and vacated (if applicable)
Page 3 of 6
Settlement Agreement (Code of Civil Procedure § 664.6)
DDO002CJ | ROG 1269993.001HunT & HENRIQUES
151 BERNAL ROAD SUITE 8
SAN José CALIFORNIA 95119
TELEPHONE: (800) 680-2426
FACSIMILE: (408) 362-2299
and to have judgment entered under the terms of this stipulation. Said notice shall be
served by mail to Defendant at 2800 N TRACY BLVD APT 64, TRACY CA 95376 or as
corrected by Defendant at the time of signing this stipulation.
10. Notice does not give the Defendant a right to cure the default; notice provides only an
opportunity for Defendant to appear and offer evidence that there has been no default.
11. Defendant acknowledges that he or she or it may have a right to a noticed hearing on the
issue of default. By signing this agreement, Defendant knowingly and voluntarily waives
his or her or its right to a noticed hearing.
12. The parties agree that a commissioner of the court may hear any proceeding arising from
this stipulation.
13. Defendant releases and discharges Plaintiff and all of its respective current and former
predecessors, successors, parents, affiliates, subsidiaries, insurers, and all of the
aforementioned’s respective agents, employees, officers, directors, shareholders,
attorneys, collection agencies, credit reporting agencies and vendors (the “Releasees”)
from all claims of any kind (including any claims for damages, interest, fees, and/or
attorney fees) that Defendant may have with respect to the credit account at issue,
collection of the account, reporting of the account to credit bureaus, accessing
Defendant’s credit history, or any other matters between Defendant and Releasees,
including without limitation all claims that were asserted or could have been asserted in
the above-captioned case as of the date of this stipulation (the “Matters Released”).
14. Defendant further agrees that Defendant will not file any claims, complaints, affidavits,
arbitrations, or proceedings with any regulatory or administrative agency with respect to
the Matters Released against any of the aforementioned, and that any such claims,
complaints, affidavits, arbitrations, or proceedings filed prior to the execution of this
stipulation shall promptly be dismissed or withdrawn with prejudice. This stipulation is
intended to resolve forever the entire disagreement between Defendant and Plaintiff.
15. Each party expressly waives and relinquishes all rights and benefits that he, she, or it
has or may have under California Civil Code Section 1542. That section states: “A
Page 4 of 6
Settlement Agreement (Code of Civil Procedure § 664.6)
DD0002CJ | ROG 1269993.001HUunT & HENRIQUES
151 BERNAL ROAD Suite &
SAN JOSE CALIFORNIA 95119
TELEPHONE: (800) 680-2426
FACSIMILE: (408) 362-2299
oD wm I DH FF WY |
yveN NN YN YD OC See ee
&® YR&Re BRE BSeReR RARE A
a “
general release does not extend to claims which the creditor does not know or suspect to
exist in his or her favor at the time of executing the release, which if known by him or
her must have materially affected his or her settlement with the debtor.”
16. By signing this stipulation, each party indicates that he, she, or it has read the provisions
of California Civil Code Section 1542. Each party acknowledges that the significance
and consequence of this waiver is that even if he or she or it should eventually suffer
additional damages arising out of the litigation or any claims that could have been
asserted in this case, he or she or it will not be permitted to make any claim for those
damages. Furthermore, each party acknowledges that he or she or it intends that
consequence even as to claims for damages that may exist as of the date of this release
but which he or she or it does not know exist, and which, if known, would materially
affect his or her or its decision to execute this release, regardless of whether his or her
or its lack of knowledge is the result of ignorance, oversight, error, negligence, or any
other cause.
17. Upon timely receipt and full negotiation of the payments as stated above, Plaintiff
releases and discharges Defendant in connection with any claims it may have relating to
the account at issue in this case. This release by Plaintiff does not extend to any other
account(s) or other financial obligations that Defendant may have with any Releasee.
18. Defendant understands that Plaintiff or its affiliates may be required by federal Jaw to
issue tax forms, including a 1099 form, regarding the account or amounts written off on
the account. Plaintiff makes no representations or warranties as to the tax implications
of the actions taken on the account set forth herein and Defendant agrees not to seek to
hold Releasees liable for Defendant’s tax liabitity.
19. Defendant acknowledges having had the opportunity to consult with legal counsel of
choice concerning Defendant’s legal rights with respect to the form and content of this
stipulation and the advisability of executing it.
20.This stipulation may be signed in counterparts, and the counterparts together shall
constitute one document. Counterparts including faxed, scanned, or photocopied
Page 5 of 6
Settlement Agreement (Code of Civil Procedure § 664.6)
DD0002CJ | ROG 1269993.001
BYoO Oe NI DH UH F&F W VY
ea a
A A RF WN YE DS
151 BERNAL RoaD SuITE 8
SAN JOSE CALIFORNIA 95119
TELEPHONE: (800) 680-2426
FACSIMILE: (408) 362-2299
HUNT & HENRIQUES
RN N NY YN NY NY YW He SE
eo YN Dn A FF BW NH F&F SF SO ww I
signatures shall be as valid as‘an original.
21. This stipulation contains the entire agreement of the parties. There are no oral or written
agreements or understandings not contained herein.
Dated: H/2 6 | 2018 Cidflcg
OTNIEL OCAMPO
Defendant
Dated:
Portfolio Recovery Associates, LLC
Authorized Agent
Name:
Page 6 of 6
Settlement Agreement (Code of Civil Procedure § 664.6)
DD0002CJ | ROG 1269993.001aI DA BF BN
151 BERNAL ROAD SUITE 8
SAN JOSE CALIFORNIA 95119
TELEPHONE: (800) 680-2426
FACSIMILE: (408) 362-2299
HUNT & HENRIQUES
signatures shall be as valid as‘an original.
21. This stipulation contains the entire agreement of the parties. There are no oral or written
agreements or understandings not contained herein.
Dated: Wf{2 6 | LOIS Ledge
OTNIEL OCAMPO
Defendant
. ie
Ralph Mesisco
Datea-F EB 0 8 2019 SVP. Legai Recovery
Portfolio Recovery Associates, LLC
Authorized Agent
Name:
ihe Page 6 of 6
Settlement Agreement (Code of Civil Procedure § 664.6)
DD0002CJ | ROG 1269993.001
Preview
2 3 4 5 6 7 8 9 10 ul R geass 1 Bacee 14 B2b es £8288 15 22924 1, gaS8e HEZES 17 18 19 20 2 n 2B 24 25 26 27 28 ta Hunt & Henriques, Attorneys at Law : yt FILED Michael S. Hunt, Esq. #99804 . SUPERIOR COURT 151 Bernal Road Suite 8 San José CA 95119-1306 9019 MAR 25 PH 2: ol. Telephone: (800) 680-2426 ee Facsimile: (408) 362-2299 ROSA JUNQUEIRG. CLERK Attorneys for Plaintiff A\ G12 Hog 7] J SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN JOAQUIN STOCKTON BRANCH, CIVIL DEPARTMENT — LIMITED CIVIL JURISDICTION PORTFOLIO RECOVERY ASSOCIATES, LLC, | Case No. STK-CV-LCCR-2018-7270 Plaintiff, SETTLEMENT AGREEMENT v. JURISDICTION RETAINED UNDER CODE OF CIVIL PROCEDURE § 664.6 OTNIEL OCAMPO, et al., Defendant(s) IT IS HEREBY STIPULATED by and between the parties hereto: 1. OTNIEL OCAMPO (“Defendant”) stipulates to entry of judgment in favor of Portfolio Recovery Associates, LLC (“Plaintiff”) in the principal sum of $3,601.61 plus court costs pursuant to a memorandum of costs (which will be limited to Plaintiff's fee for filing the complaint; Plaintiffs fee for service of process; fees (including any reporter fee that the court may require at the time a motion or application is filed) for any motion, application, and/or order that has been granted, including the motion or application to enforce this Agreement and any order fee required to file the attached proposed order; and Defendant’s first appearance fee if Plaintiff advances that fee in order to file this Agreement); less credit for payments made in good funds before the time of default. Page 1 of 6 Settlement Agreement (iia of Civil Procedure § 664.6) ppo002cs Ros ME 2983.01 \£&HuNT & HENRIQUES 151 BERNAL ROAD SUITE 8 SAN JOSE CALIFORNIA 95119 TELEPHONE: 00) 680-2426 FACSIMILE: (408) 362-2299 Oo eC WT DA BF WN = YN MY RY RN NY YN Be Be Se Se ew ewe ee ee oN DA A BBW NO = Seo we IY DH BW NY SK 4 2. The parties agree that an account has been stated and $3,601.61 is the accurate liquidated amount owed on this debt. As such, Defendant acknowledges this as the correct balance due. It is the parties’ intent that in the event of default in the payment plan, Plaintiff shall be entitled to enter judgment for the total amount stated in { 1. . Notwithstanding the stipulation to enter judgment, Plaintiff will not request that judgment be entered so long as Defendant is not in default with the following payment plan. Defendant agrees to pay to Plaintiff a down payment of $201.61 on or before November 26, 2018 followed by a minimum of $200.00 on or before the 26th day of each and every month commencing in December, 2018, until the Defendant has paid the total sum of $3,601.61. This down payment and these consecutive monthly installments, totaling $3,601.61, timely received, will constitute full satisfaction of the judgment. . Payments due as stipulated above shall be made payable to Portfolio Recovery Associates, LLC, notated with Defendant’s file number 1269993, and sent to: Hunt & Henriques 151 Bernal Road Suite 8 San José CA 95119-1306 . The parties jointly request that this court retain jurisdiction under Code of Civil Procedure § 664.6. The parties further request that this court vacate all future hearings and stay all further action on this case pending completion of this agreement. If and only if local rules so require, the parties, by their signatures below, authorize the court to dismiss this case without prejudice. The parties further agree that in the event of a default in payments and at the request of a party, the court shall reopen the case without notice to the other party, vacate any dismissal, and enter judgment in the amount stated in J 7 below. The parties further agree that this stipulation may at Plaintiff’s option be enforced by independent action. The parties also agree to, and do, voluntarily waive all statutes of limitation and any other legal impediment or bar to this court from continuing or resuming jurisdiction of this case including, but not limited to, waiver of rights and provisions of California Code of Civil Procedure §§ 583.160, 583.210, Page 2 of 6 Settlement Agreement (Code of Civil Procedure § 664.6) DD0002CJ | ROG 1269993.001HUNT & HENRIQUES 151 BERNAL ROAD SUITE 8 SAN JOSE CALIFORNIA 95119. TELEPHONE: (800) 680-2426 FACSIMILE: (408) 362-2299 Oo em ND HW RP WN | YvN MN NY MY RNY KY Se Se Se Se Be ese we we eB SYA WK DNS = SDM IR AH Rw KH KS S 583.310, 583.360, 583.410, 583.420, and all other provisions of California law regarding dismissal of actions for failure to prosecute or to bring an action to trial within any time limit. 6. If Defendant pays in accordance with the terms set forth above, then Plaintiff shall dismiss this case with prejudice after the final payment has been determined to be in good funds. If the court has already dismissed the case without prejudice, then it will be sufficient for Plaintiff to let the dismissal stand. 7. Time is of the essence with respect to all payments. Failure to have any payment delivered to the above payment address on or before the due date will be a default. The dishonor or reversal of any payment will be a default. In the event Defendant fails to make any payment set forth above, Plaintiff shall be entitled to judgment against Defendant in the principal amount of $3,601.61; plus court costs pursuant to a memorandum of costs (which will be limited to Plaintiff's fee for filing the complaint; Plaintiff's fee for service of process; fees (including any reporter fee that the court may require at the time a motion or application is filed) for any motion, application, and/or order that has been granted, including the motion or application to enforce this Agreement and any order fee required to file the attached proposed order; and Defendant’s first appearance fee if Plaintiff advances that fee in order to file this Agreement); less credit for payments made in good funds before the time of default. 8. Acceptance of any one or more late or partial payments by Plaintiff or anyone acting on Plaintiff's behalf shall neither constitute. a waiver of, nor in any way prejudice, Plaintiff’s right to demand and receive timely payments thereafter or to declare a default hereunder. Plaintiffs failure to declare a default under this stipulation when so entitled, shall neither constitute a waiver of, nor in any way prejudice, Plaintiff’s right to declare a default thereafter. 9. Upon a default by Defendant on any payment due to Plaintiff under the terms of this stipulation, Plaintiff shall provide Defendant with ten (10) days written notice of its intent to apply to the court to have the dismissal set aside and vacated (if applicable) Page 3 of 6 Settlement Agreement (Code of Civil Procedure § 664.6) DDO002CJ | ROG 1269993.001HunT & HENRIQUES 151 BERNAL ROAD SUITE 8 SAN José CALIFORNIA 95119 TELEPHONE: (800) 680-2426 FACSIMILE: (408) 362-2299 and to have judgment entered under the terms of this stipulation. Said notice shall be served by mail to Defendant at 2800 N TRACY BLVD APT 64, TRACY CA 95376 or as corrected by Defendant at the time of signing this stipulation. 10. Notice does not give the Defendant a right to cure the default; notice provides only an opportunity for Defendant to appear and offer evidence that there has been no default. 11. Defendant acknowledges that he or she or it may have a right to a noticed hearing on the issue of default. By signing this agreement, Defendant knowingly and voluntarily waives his or her or its right to a noticed hearing. 12. The parties agree that a commissioner of the court may hear any proceeding arising from this stipulation. 13. Defendant releases and discharges Plaintiff and all of its respective current and former predecessors, successors, parents, affiliates, subsidiaries, insurers, and all of the aforementioned’s respective agents, employees, officers, directors, shareholders, attorneys, collection agencies, credit reporting agencies and vendors (the “Releasees”) from all claims of any kind (including any claims for damages, interest, fees, and/or attorney fees) that Defendant may have with respect to the credit account at issue, collection of the account, reporting of the account to credit bureaus, accessing Defendant’s credit history, or any other matters between Defendant and Releasees, including without limitation all claims that were asserted or could have been asserted in the above-captioned case as of the date of this stipulation (the “Matters Released”). 14. Defendant further agrees that Defendant will not file any claims, complaints, affidavits, arbitrations, or proceedings with any regulatory or administrative agency with respect to the Matters Released against any of the aforementioned, and that any such claims, complaints, affidavits, arbitrations, or proceedings filed prior to the execution of this stipulation shall promptly be dismissed or withdrawn with prejudice. This stipulation is intended to resolve forever the entire disagreement between Defendant and Plaintiff. 15. Each party expressly waives and relinquishes all rights and benefits that he, she, or it has or may have under California Civil Code Section 1542. That section states: “A Page 4 of 6 Settlement Agreement (Code of Civil Procedure § 664.6) DD0002CJ | ROG 1269993.001HUunT & HENRIQUES 151 BERNAL ROAD Suite & SAN JOSE CALIFORNIA 95119 TELEPHONE: (800) 680-2426 FACSIMILE: (408) 362-2299 oD wm I DH FF WY | yveN NN YN YD OC See ee &® YR&Re BRE BSeReR RARE A a “ general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” 16. By signing this stipulation, each party indicates that he, she, or it has read the provisions of California Civil Code Section 1542. Each party acknowledges that the significance and consequence of this waiver is that even if he or she or it should eventually suffer additional damages arising out of the litigation or any claims that could have been asserted in this case, he or she or it will not be permitted to make any claim for those damages. Furthermore, each party acknowledges that he or she or it intends that consequence even as to claims for damages that may exist as of the date of this release but which he or she or it does not know exist, and which, if known, would materially affect his or her or its decision to execute this release, regardless of whether his or her or its lack of knowledge is the result of ignorance, oversight, error, negligence, or any other cause. 17. Upon timely receipt and full negotiation of the payments as stated above, Plaintiff releases and discharges Defendant in connection with any claims it may have relating to the account at issue in this case. This release by Plaintiff does not extend to any other account(s) or other financial obligations that Defendant may have with any Releasee. 18. Defendant understands that Plaintiff or its affiliates may be required by federal Jaw to issue tax forms, including a 1099 form, regarding the account or amounts written off on the account. Plaintiff makes no representations or warranties as to the tax implications of the actions taken on the account set forth herein and Defendant agrees not to seek to hold Releasees liable for Defendant’s tax liabitity. 19. Defendant acknowledges having had the opportunity to consult with legal counsel of choice concerning Defendant’s legal rights with respect to the form and content of this stipulation and the advisability of executing it. 20.This stipulation may be signed in counterparts, and the counterparts together shall constitute one document. Counterparts including faxed, scanned, or photocopied Page 5 of 6 Settlement Agreement (Code of Civil Procedure § 664.6) DD0002CJ | ROG 1269993.001 BYoO Oe NI DH UH F&F W VY ea a A A RF WN YE DS 151 BERNAL RoaD SuITE 8 SAN JOSE CALIFORNIA 95119 TELEPHONE: (800) 680-2426 FACSIMILE: (408) 362-2299 HUNT & HENRIQUES RN N NY YN NY NY YW He SE eo YN Dn A FF BW NH F&F SF SO ww I signatures shall be as valid as‘an original. 21. This stipulation contains the entire agreement of the parties. There are no oral or written agreements or understandings not contained herein. Dated: H/2 6 | 2018 Cidflcg OTNIEL OCAMPO Defendant Dated: Portfolio Recovery Associates, LLC Authorized Agent Name: Page 6 of 6 Settlement Agreement (Code of Civil Procedure § 664.6) DD0002CJ | ROG 1269993.001aI DA BF BN 151 BERNAL ROAD SUITE 8 SAN JOSE CALIFORNIA 95119 TELEPHONE: (800) 680-2426 FACSIMILE: (408) 362-2299 HUNT & HENRIQUES signatures shall be as valid as‘an original. 21. This stipulation contains the entire agreement of the parties. There are no oral or written agreements or understandings not contained herein. Dated: Wf{2 6 | LOIS Ledge OTNIEL OCAMPO Defendant . ie Ralph Mesisco Datea-F EB 0 8 2019 SVP. Legai Recovery Portfolio Recovery Associates, LLC Authorized Agent Name: ihe Page 6 of 6 Settlement Agreement (Code of Civil Procedure § 664.6) DD0002CJ | ROG 1269993.001