On August 06, 2024 aPet Filed in Associate Ctwas filedinvolving a dispute betweenMidland Credit Management, Inc.,andMcmullin, Melissa,for AC Breach of Contractin the District Court of Warren County.
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24BB-AC00537 IN THE CIRCUIT COURT OF WARREN COUNTY, MISSOURI ASSOCIATE CIRCUIT DIVISION MIDLAND CREDIT MANAGEMENT, INC. Case No: Plaintiff, vs. MELISSA MCMULLIN aka MELISSA R MCMULLIN Defendant. COMPLAINT Plaintiff, MIDLAND CREDIT MANAGEMENT, INC., by counsel, sues Defendant MELISSAMCMULLIN aka MELISSA R MCMULLIN, under Account Stated and in support thereof states: 1 Plaintiff is authorized to file this Complaint in this Court. Plaintiff owns portfolios of consumerreceivables, which it attempts to collect. Plaintiff strives to treat its consumers, such as Defendant, withrespect, compassion and integrity, hoping to provide mutually-beneficial opportunities for consumers torepay their debts and attain financial recovery. 2. Defendant is subject to this Court's jurisdiction. COUNT 1 3. Defendant established an account with COMENITY BANK under redacted account numberXXXXXXXXXXXXX-XXXX. 4. Defendant was provided statements delineating Defendants use of the account and stating thecurrent balance due. 5. Defendant defaulted on the account. 6. A statement of account balance was sent to Defendant and not paid. 7. The amount due under this account is $1,832.23. COUNT 2 8. Defendant established an account with COMENITY BANK under redacted account numberXXXXXXXXXXXXX-XXXX. 9. Defendant was provided statements delineating Defendants use of the account and stating thecurrent balance due. 10. Defendant defaulted on the account. 11. A statement of account balance was sent to Defendant and not paid. 12. The amount due under this account is $924.45.GL_0100M File No 24-136494 SCP.COUNT 3 13. Defendant established an account with COMENITY BANK under redacted account numberXXXXXXXXXXXXX-XXXX, 14. Defendant was provided statements delineating Defendants use of the account and stating thecurrent balance due. 15. Defendant defaulted on the account. 16. A statement of account balance was sent to Defendant and not paid. 17. The amount due under this account $1,777.20. COUNT 4 18. Defendant established an account with CITIBANK, N.A. under redacted account numberXXXXXXXXXXXX-XXXX. 19. Defendant was provided statements delineating Defendants use of the account and stating thecurrent balance due. 20. Defendant defaulted on the account. 21. A statement of account balance was sent to Defendant and not paid. 22. The amount due under this account $815.56. 23. Plaintiff acquired all right, title and interest to Defendant's accounts, and has attempted to contactDefendant through several means in an effort to resolve the account with Defendant, but has beenunsuccessful. Defendant has not repaid the balance owed on the accounts. Plaintiff remains willing todiscuss various options to resolve the outstanding obligation, although the options may be different thanthey were prior to the initiation of litigation. 24. Defendant owes Plaintiff the combined balance of $5,349.44. 25. In support of the allegations, Plaintiff incorporates herein by reference the attached Exhibits.GL_0100M File No 24-136494 SCPWHEREFORE, Plaintiff requests judgment against the Defendant for $5,349.44 and costs of theaction and post judgment interest at the statutory rate. DAVID D. BACKER 41685 Attorneys for Plaintiff P.O. BOX 410949 KANSAS CITY, MO 64141 Phone: (866) 300-8750 Fax: (866) 629-6496 IL_MissouriFax @ memcg.com PLEASE UNDERSTAND THIS COMMUNICATION IS FROM A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.GL_O100M File No -24-136494 SCPDepartment of Defense Manpower Data Center Results as of Jul-11-2024 08 4847 AM SCRA S21 Ss 0 m Re ey wm Status Report Pursuant to Servicemembers Civil Relief ActSSN: XXX-XX-Birth Date: an XX apLast Name: MCMULLINFirst Name: MELISSAMiddle Name:Status As Of: Jul-11-2024Certificate ID: 3F1QLPHD4J7YPJD ‘On Active Duty On Active Duty Status Date ‘Actwe Duty Start Date Active Duty End Date Status ‘Service Component NA NA No NA This response rellecs the individuals’ actwve duly status based on the Actwe Duty Status Date, ‘Lett Active Duty Within 367 Days of Active Duty Status Date ‘Active Duty Start Date Active Duty End Date Salus Service Component NA NA No This response rellects where the individual let actwe duty status within 367 days preceding the Active Outy Status Date ‘The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Actwe Duty Status Dale ‘Order Notficabon Start Date. ;dor Noulbcation End Date Status ‘Service Component NA NA No NA This response rellects whether the indndual or husher unit has received earty nobfication 10 repo for active dutyUpon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status ofthe individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, Space Force, NOAA, PublicHealth, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active DutySam rusespgactehSam Yousetzadeh, DirectorDepartment of Defense - Manpower Data Center4800 Mark Center Drive, Suite 04E25Alexandna, VA 22350The Delense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and EligibilityReporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibilly systemsThe DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 3901 et seq, as amended) (SCRA) (formerly known asthe Soldiers’ and Sailors’ Civil Relief Act of 1940) DMDC has issued hundreds of thousands of “does not possess any information indicating that theindividual 1s currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any familymember, fend, or representative asserts in any manner thal the individual was on active duly for the active duty status date, or 1s otherwise entitled to theprotections of the SCRA, you are strongly encouraged to obtain further ventlication of the person's status by contacting that person's Service Service contactinformation can be found on the SCRA website's FAQ page (Q35) via this URL: https ‘//scra.dmdc.osd.mil/scra/#/taqs. If you have evidence the personwas on active duly for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invokedagainst you See 50 USC App. § 3921(c)This response reflects the following information (1) The individual's Active Duly status on the Active Duly Status Date (2) Whether the individual left ActiveDuty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for activeduty on the Active Duty Status DateMore information on "Active Duty Status"Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods lessthan 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active serviceauthorized by the President or the Secretary of Delense under 32 USC § 502(1) for purposes of responding to a national emergency deciared by thePresident and supported by Federal funds All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in theunit they support. This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard ReserveProgram Administrator (RPAs) Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.SPublic Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps).Coverage Under the SCRA is Broader in Some CasesCoverage under the SCRA 1s broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not bereported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods.Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1).Many times orders are amended to extend the period of active duty, which would extend SGRA protections. Persons seeking to rely on this websitecertification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service.Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have notactually begun active duly or actually reported for induction The Last Date on Active Duty entry 1s important because a number of protections of the SCRAextend beyond the last dates of active dutyThose who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRAare protectedWARNING. This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providingerroneous information will cause an erroneous certificate to be providedSTATE OF MISSOURI Midland Credit Management, Inc., Plaintiff -vs- AFFIDAVIT OF ALEXANDRIA BRUCE MELISSA MCMULLIN, Defendant(s). Alexandria Bruce, whose business address is 13008 Telecom Drive Suite 350, Tampa, FL 33637, certifies and says: 1 Tam employed as a Legal Specialist and have access to pertinent account records for Midland Credit Management, Inc. ("Plaintiff" or "MCM"). I am acompetent person over eighteen years of age, and make the statements herein based upon personal knowledge of those account records maintained by Plaintiff. Plaintiff is the current owner of, and was assigned all the rights, title and interest to Defendant's COMENITY BANK account XXXXXXXXXXXXXX MB (MCM Number WME) (hereinafter "the Account"). 2 T have access to and have reviewed the electronic records pertaining to the Account maintained by MCM and am authorized to make this affidavit on MCM's behalf. The electronic records reviewed consist of (i) data and records acquired from the seller or assignor when MCM purchased or was assigned the Account, which were incorporated into MCM's business records upon purchase or assignment, and (ii) data and records generated by MCM in connection with servicing the Account since the date the Account was purchased by or was assigned to MCM. 3 Tam familiar with and trained on the manner and method by which MCM creates and maintains its business records pertaining to the Account, which consist of (i) data and documents acquired from the seller or assignor, and (si) subsequent collection and/or servicing activities by MCM. The records are acquired or created, and are kept in the regular course of MCM's business. It was in the regular course of MCM's business for a person with knowledge of the subsequent collection and/or servicing activities recorded, and a business duty to report, AFFIDAVIT OF ALEXANDRIA BRUCE - |INNER TVS EA ‘MM A FILAto make the record or data compilation, or to transmit information thereof to be included in such record, or for such information to be posted in MCM's records by a computer or similar digital means. In the regular course of MCM's business, the record or compilation of the subsequent collection activities is made at or near the time of the act or event by MCM asa regular practice. 4 MCM's records show that Defendant(s) owed a balance of $1,832.23 as of 2024-06-10. LEFT BLANK INTENTIONALLY AFFIDAVIT OF ALEXANDRIA BRUCE - 2MOEOUAON GD LAT A (Ma a OER RATAI certify under penalty of perjury that the foregoing statements are true and correct JUL 03 2024 Date Alexandr: ice STATE OF FLORIDA COUNTY OF HILLSBOROUGH Signed and sworn to (or affirmed) before me on JUL 0 3 2024 by Alexandria Bruce. tetas RwilSOM Notary Pubiic- State of F'onda Commission # 4H 315¢24 My Comm, Expires Seo 22 2026 h gtary Pdblic MG_|/U ASD WV Bor ced through Natlerai Notzr Assn CA137 AFFIDAVIT OF ALEXANDRIA BRUCE - 3ARETE ANB InN A intain TOVQUABLAEUNU 4-136494STATE OF MISSOURI Midland Credit Management, Inc., Plaintiff -vs- AFFIDAVIT OF ALEXANDRIA BRUCE MELISSA MCMULLIN, Defendant(s). Alexandria Bruce, whose business address is 13008 Telecom Drive Suite 350, Tampa, FL. 33637, certifies and says: 1 Jam employed as a Legal Specialist and have access to pertinent account records for Midland Credit Management, Inc. ("Plaintiff" or "MCM"). I am a competent person over eighteen years of age, and make the statements herein based upon personal knowledge of those account records maintained by Plaintiff. Plaintiff is the current owner of, and was assigned all the rights, title and interest to Defendant's COMENITY BANK account XXXXXXXXXXXXXX A (MCM Numbe A (hereinafter "the Account"). 2 I have access to and have reviewed the electronic records pertaining to the Account maintained by MCM and am authorized to make this affidavit on MCM's behalf. The electronic records reviewed consist of (i) data and records acquired from the seller or assignor when MCM purchased or was assigned the Account, which were incorporated into MCM's business records upon purchase or assignment, and (ii) data and records generated by MCM in connection with servicing the Account since the date the Account was purchased by or was assigned to MCM. 3 Tam familiar with and trained on the manner and method by which MCM creates and maintains its business records pertaining to the Account, which consist of (i) data and documents acquired from the seller or assignor, and (i1) subsequent collection and/or servicing activities by MCM. The records are acquired or created, and are kept in the regular course of MCM's business. It was in the regular course of MCM's business for a person with knowledge of the subsequent collection and/or servicing activities recorded, and a business duty to report, AFFIDAVIT OF ALEXANDRIA BRUCE - |IAEOVO RH EGY EH TE TOU (AUTREto make the record or data compilation, or to transmit information thereof to be included in such record, or for such information to be posted in MCM's records by a computer or similar digital means. In the regular course of MCM's business, the record or compilation of the subsequent collection activities is made at or near the time of the act or event by MCM as a regular practice. 4 MCM's records show that Defendant(s) owed a balance of $924.45 as of 2024-06-10. LEFT BLANK INTENTIONALLY AFFIDAVIT OF ALEXANDRIA BRUCE - 2IOAN SUEY aE AO a ima LMT 4-1365221 certify under penalty of perjury that the foregoing statements are true and correct. GUL 0 8 2024 Date lexandri ruce STATE OF FLORIDA COUNTY OF HILLSBOROUGH Signed and sworn to (or affirmed) before me on JUL 0 8 2024 by Alexandria Bruce. LATASHA 3 WILSON oe Notary Public - State of Floriea a (Seat)*i 3 My Commission # iy 315424 Comm, Expires Sep 22, 2026 Borcec through Netlonai Notary Assn lotaty Public CAI37 AFFIDAVIT OF ALEXANDRIA BRUCE - 3INLAND aia AO a EUV GIEO OD ROREE DE 24-136522STATE OF MISSOURI Midland Credit Management, Inc., Plaintiff -Vs- AFFIDAVIT OF ALEXANDRIA BRUCE MELISSA MCMULLIN, Defendant(s). Alexandria Bruce, whose business address is 13008 Telecom Drive Suite 350, Tampa, FL 33637, certifies and says: 1 T am employed as a Legal Specialist and have access to pertinent account records for Midland Credit Management, Inc. ("Plaintiff' or "MCM"). I am a competent person over eighteen years of age, and make the statements herein based upon personal knowledge of those account records maintained by Plaintiff. Plaintiff is the current owner of, and was assigned all the rights, title and interest to Defendant's COMENITY BANK account XXXXXXXXXXXXX XG (MCM Number) (hereinafter “the Account"). 2. T have access to and have reviewed the electronic records pertaining to the Account maintained by MCM and am authorized to make this affidavit on MCM's behalf. The electronic records reviewed consist of (i) data and records acquired from the seller or assignor when MCM purchased or was assigned the Account, which were incorporated into MCM's business records upon purchase or assignment, and (ii) data and records generated by MCM in connection with servicing the Account since the date the Account was purchased by or was assigned to MCM. 3 T am familiar with and trained on the manner and method by which MCM creates and maintains its business records pertaining to the Account, which consist of (i) data and documents acquired from the seller or assignor, and (ii) subsequent collection and/or servicing activities by MCM. The records are acquired or created, and are kept in the regular course of MCM's business. It was in the regular course of MCM's business for a person with knowledge of the subsequent collection and/or servicing acttvities recorded, and a business duty to report, AFFIDAVIT OF ALEXANDRIA BRUCE - |UIE a0 DA IEAto make the record or data compilation, or to transmit information thereofto be included in such record, or for such information to be posted in MCM's records by a computer or similar digital means. In the regular course of MCM's business, the record or compilation of the subsequent collection activities is made at or near the time of the act or event by MCM as a regular practice.4 MCM's records show that Defendant(s) owed a balance of $1,777.20 as of 2024-06-10. LEFT BLANK INTENTIONALLY AFFIDAVIT OF ALEXANDRIA BRUCE - 2ATAU AE OAAUCEATE TAO 24-136523I certify under penalty of perjury that the foregoing statements are true and correct. JUL 0 8 2024 Dae OOOC~CSSSS Wynele Alexandrid Bruce Coevee STATE OF FLORIDA COUNTY OF HILLSBOROUGH Signed and sworn to (or affirmed) before me on dUL 0 8 2024 by Alexandria Bruce. 2 é LATASHA R WILSON “Notary Puoiic - State of Florida Commission # rH 315424 NEED NC ry Ref bhic DO {yo omy Comm, Expires Sep 22, 2026 Jor ded through National Notary Asst CAI37 AFFIDAVIT OF ALEXANDRIA BRUCE - 3IINVER SHEA OVALE UIA EE OUMNHSTATE OF MISSOURI Midland Credit Management, Inc., Plaintiff -Vs- AFFIDAVIT OF ALEXANDRIA BRUCE MELISSA R MCMULLIN, Defendant(s). Alexandria Bruce, whose business address is 13008 Telecom Drive Suite 350, Tampa, FL 33637, certifies and says: 1 Tam employed as a Legal Specialist and have access to pertinent account records for Midland Credit Management, Inc. ("Plaintiff' or "MCM"). I am a competent person over eighteen years of age, and make the statements herein based upon personal knowledge of those account records maintained by Plaintiff. Plaintiffis the current owner of, and was assigned all the rights, title and interest to Defendant's CITIBANK, N.A. account XXXXXXXXXXX XW (MCM Number (hereinafter "the Account”). 2 I have access to and have reviewed the electronic records pertaining to the Account maintained by MCM and am authorized to make this affidavit on MCM's behalf. The electronic records reviewed consist of (i) data and records acquired from the seller or assignor when MCM purchased or was assigned the Account, which were incorporated into MCM's business records upon purchase or assignment, and (ii) data and records generated by MCM. in connection with servicing the Account since the date the Account was purchased by or was. assigned to MCM. 3 Tam familiar with and trained on the manner and method by which MCM creates and maintains its business records pertaining to the Account, which consist of (i) data and documents acquired from the seller or assignor, and (ii) subsequent collection and/or servicing activities by MCM. The records are acquired or created, and are kept in the regular course of MCM's business. It was in the regular course of MCM's business for a person with knowledge of the subsequent collection and/or servicing activities recorded, and a business duty to report, AFFIDAVIT OF ALEXANDRIA BRUCE - |‘AROSE OE ‘OM LANE ADULT ERE FFREC 24-137086to make the record or data compilation, or to transmit information thereof to be included in such record, or for such information to be posted in MCM's records by a computer or similar digital means. In the regular course of MCM's business, the record or compilation of the subsequent collection activities is made at or near the time of the act or event by MCM asa regular practice. 4 MCM's records show that Defendant(s) owed a balance of $815.56 as of 2024-06-10. LEFT BLANK INTENTIONALLY AFFIDAVIT OF ALEXANDRIA BRUCE - 2(DUVALL EE AO (OVATE IMI 24-1370I certify under penalty of perjury that the foregoing statements are true and correct JUL 0 3 2024 Date te Alexandra Brice = ewe STATE OF FLORIDA COUNTY OF HILLSBOROUGH Signed and sworn to (or affirmed) before me on GUL 0 3 2024 by Alexandria Bruce. LATASHA, ALSON Notary Pubic 12 of Florida Commissior 425 wy Comm 5e2 77, 2026 lotary Pu Ic Boreec thraegh nasiene Notary ASE CA137 AFFIDAVIT OF ALEXANDRIA BRUCE - 3IANO ATAU AEE COU ‘MUOPAGE 1 OF 4 Bienes Aecour Ro meee New balance $189223 Minimum payment due $60000 Previous balance $1747 45 Payment due date 10/12/2023 Payments 0.00, Minimum Payment Warning: if you make only the minimum Other credits -000 payment for each pend, you will pay more m interest and st wi Purchases +000 Other debits +000 take you longer to pay off your balance For example +4100 if you make no addaional You will pay off ‘And you will E Fees charged charges using this card | the balance shown enc! up payingan Interost charged _ +4378 and each month you pay on the statement estimated tota New balance ¥81,892.23 tn about: of SY Past due amount 510.00 ivi [yea 2 ne Credit limit $1,490 00 For information eg) ard 9 credit Counseling services, Available credit “$342 00 call 1-800-284-1706 Statement closing date 09/97/2023 Days m biling cycle 30 TRANS DATE TRANSACTION DESCRIPTION/LOCATION AMOUNT Fees 09/12/2023 LATE FEE 41.00 TOTAL FEES FOR THIS PERIOD. $41.00 Interest charged Interest Charge on Purchases 43.78 Total interest For This Period $43.78 - _[ 020 totais year to date Total foes charged im 2023 $26700 Total interest charged in 2023 $332 83 ersten ‘Your Annual Percentage Rate (APR) 's the annual interest rate on your account See BALANCE COMPUTATION METHOD on page 2 for more details Minimum interes! charge may exceed mterest charge below, per your credil card ‘agreement TYPE OF BALANCE SUBJECT INTEREST BALANCE APR TO INTEREST RATE CHARGE Purchases 29.99% (v} 1776.63 (DA) 43.78 Find out how to shop safely online at onguardonine gov We noticed you prefer to pay online To better serve you, wo will no longer include a remittance envelope with biling statements If you stil prefer to recawe one, contac ‘ustomer Care and we will include it with future statements CONTINUED) NOTICE See rever se for mportant information Pease at at perferavon above jun sere a number ROAMANS 2 /ULLBEAUTY brane lew bal nce $1,832 23 Winimom payment $600.00 ) Yes, [have moved 0 updated my Mailed payments must reach us l oma address see reverse ‘Amount enclosed ~ ay6 pm : ET on 10/12/2028, J $| ‘ease manec payabie to _] MENITY - RC MANS ALA ta De pete A tab had MELISSA MCMULLIN Please return this portion along with your payment to 14327 STONE CRECK LN P.O Box 65% 972 WRIGHT CITY MO 63390-2194 Dallas TX 7? 265-0872 sgl telat LEU! of gf teeepottpta ssc9b35000513 O92 ee DOOULOO0O 000183223Kodi nis pom di 16F yoie eeorde ow To aivou0 Paviic INTEREST Youre dite innei Sis air What To Oo It You Think You Find & insane On Your Starement the‘fouUosepay ofsourechentrablingbalance eye byWe thewildu nochange yoU mierest on purenases teach mont We wi begin Hr you Bon there an tr on you statement vine to us at Comanly Bait “charge interest on new purchases made under a Low APR. Equal Payment PO Box thz7Az Columbus ONAIIA7h 1” Buxigol Payment Cras Plan tom be date of purchase Ao your ler gia us De fale lmaon : ‘account wma oe Your nama and wecOun UMBC BALANCE COMPUTATION METHOD. We colcsate interest separatelyfo! : Paiacmyae? The doiae aunt he suspend emo ‘nari balance using the mathosis) dascrisag below Tha ho iter : Deere 6 1 ya Baek heresan en your bi Detcuwevesnea othe Batance Subject 1 I 10s Rate column me Gescribe what you Daeve muon) And why yon el E¥E 8 8 Interest che Caleataton section on ths stslement conesponds to Bie rustake fallowea ‘You must contact us von 60 days ahr he emer appeates on your DA} Wa fgue Ie ntraat chargeon hs balance by applying he peroae statement You must pty vs of wr otent.t ems a sonny You rity cal rate to da “aly balance”fe each cay i ha bing pared To get he ly Gs bul you eo we ate nol segue to nveslignts any polenta wrors Ons Lslance’ we take the begining beance each day, 3 any new Wansactons youmiay nave o pay tha amount n quesben fn fans ang kadar! any pyar of rene (raat any Aa Cr ‘itte we vestigate wheter a there ha ban an ear Die follow halance as.0 zero balance} This gves us tho doy Balance are mua INC) we Route te interest chargeon ths halance By apbying the peioge : ‘¥e cannotty Wo clit Die amount m uveston oF eb you 9s ‘eo ho “average any Boiance” forme bling paneg To pa Nt “averHDe doting on that amount “daly balance” we lode the beginnng balance eaeh day ded amy New The charge mn queaon al temata on gow siatement and we may. Uansactions ane fees and subtiac any payments or cma r4atng any pet conunn to charge you infernal on Ina amount But i we dale lod! beionce es 8 are balance) Ths gives uethe day alanea Then, we tat we mado a mistake you wll tot have to pay the ment 188 up all he dy alacesfor na biling period ana aiviae the total by The ‘question ao her fees lated that arn hhumber of daysin the bing pened Ths gves Us ie “aserage gay inte you doseynotiehava ts pay me amcuntin questan you a6 oF balance” responsive for Bie remmarie’ of your aatance (CUSTOMER SERVICE. viet COMENITY NETROAMANS of cat . Wie can apply any urge aroun again your raat ht 1 80d 695-0105 (TOOITTY 7 800-695 1742} Send al nquirieg CUSTOMER SERVICE, PO Box 197273, Columbus, OH 42218-2272 Your Rights # You Are Dissatefed Win Your Cred Card Purchase Ityou ara ncaa wi the gore or serene But you have purchased TELEPHONE MONITORING To prowde you weh hgh qusity sence phone nth your eset cand od yu we wed ya ty comete problem commis tua rs montored andi recor nn the meer hank you may have the rh ols gay Doe ramainng amount TONAL INFORMATION. Abbrevavons on your slaernani mean Pe ‘ue on ine purchase faicwnna (v7) means vanabie rat (ths ave ay vavy) WV INT PAY BO smeare WAIVE INTEHEST PAYMENT HEGUBE-D WV INI EO PY mean To.use dys night al ofthe fling must be rue WANE NTEREST EQUAL PAYMENT WY 2VT LOW PAST means WAIVE 1 The patchese must hase been mae n you home state or wn 100 IIHR LOW PAYMEAIT UF INT PY RO means OCFEH BVTEHES ‘les of your ean mang addons ad Ihe purcnake pice must have PAYMENT REQUSIED DEF INT EO PY means OCFER INTEREST EQUAL Coon ms 7 ake Neher of seb eaves if your pura PAYMENT OF INT LOW PNT meant OEFER INTEREST LOW PAYMENT Gras based on an adverssementwe mated Ia you oF fe oun the company ‘and LOW APR EO PAY means LOW APR EQUAL PAYMENT You may pay ‘hat sla you the goods oF services| ‘kof your 2 "You must hove used you crest cars fr the purchase Purchoaes mode NOTICE ABOUT ELECTRONIC CHECK CONVERSION When you prove wth cash advances fom an ATM or wih a check lal accesses your erect 2 check as gaymenl. you auhonze us either lo use information from your Cand account do not quality ‘check tormake a onacbme electron fund ara from your accounter 3'You must not yet hve Nay pa for he pac hase process iba paymant as a check transaction Hall othe entena above re met and you ae tll desauafed withthe PAYMENTS. Payments US douara recewved bythe applicable due date urease conlact us #3) at Comeny Bank FO Bex 182782 ‘and culo une wl be cradle oof the Gale ecewved Maled or oveagh Colombe, OF 43998-2782 Daymenta mus 10 mest the requrement Balow payment ‘ay not be crested fr vp to five days oF maybe Wu wo investigate the same ees apply tothe icputed amount 3s ating of Overnight (eof ume 6.00 pm. Eastern Time (ET) Giscussed above Aer we fan our avestgaton we wilt you cur ' persona! check, money order vavele's check or cashier's Gecasion AL hal pont sf we Dink you ows an amount and yeu de wat poy we ‘hack Io he nome and adareus on the payment std regular mano ‘may repon you as deinauent 3000 Kellaay Dnve Sura 120, Canton, TX 75008. Include your payment sub, uae the relum envelope provided with your CGREDIT REPORTING We may report information about your accountto Salerment. wrte Your account number on the check and send one rede bureaus Late paymenis sea payments cr other davis on Your [payment wah one payment sub ‘ecounl ety be rectnd in your crt moor ‘Docorrespondence not staple ox cpwth your your eayment paymett othe on stubcashsandOF gMany cerefestesNOTICE OF CREOIT REPORT DISPUTES It you beter information we rebar fo 4 consumer erg agency Is Py By Phone (cutol! ume S 00 m ET) Callus tl reeat‘naceyrate eoby us al Comenty Bank PO Box 182788 Columbus OM 1-800-696-0195 TDOITTY #-£00-695.123216-2789 Please prowde: "Yous name an 3e¢cunt umber ‘Onnine (cute time 5.00 pm ET) Viet COMENITY NETROAMAKS : ‘Your sdaress and telephone mambee : What information yo pute and why you eleva9 Inacewate : acon a ogy ote vest ofthe cn cert showing the informatan you ae aspunng‘Sond all bankruptcy noncos ana related correspondonco to ComonityBank Bonkruptey Deparment PO Sox 182125 Columous, OMante 215PAYMENTS MARKEQ “PAID IN FULL” 6 antler communi¢abunsregarding disputed amounts tat elude ary chack or other ayantInstrument marked wth paymentin fal" oe alr language must be sent Yo W000 Ketnany Ovve Sua "20 Cavaiton 1X 75006DO NOT USE THE ENCLOSED REIsITTANCE ENVELOPE. We may accept payment sent ie any thet ater what 080g any of eurgris New Information Tile foptional) First Name . MI Last Name - Sou Sec No Street Adaress Apt No RR a PO Box - . cay State dip Cone Foreign Map Code - Home Prone Work Phone ae Enuad Agaress a.PAGE 3 OF 4Tn mee)IMMEDIATE ATTENTION REQUIRED! Your Account is extemaly past due and will be witten off as a bad debt SOON,To avoid this, you must pay the Minimum payment amount shown on this statement at least 4 days pnor to the end of the‘monih in which this statement closed You can tind the Statement closing date in the Summary of account activity onpage 1 of this statement If you are not able to pay the Minimum payment amount, we may still be able to assist you Callus immediately at 1-855-617-8089 (TDD/TTY 1-800-695-1788) to discuss your payment options If written off, the badebt will be reported tothe three major credit bureaus and our Recovery team will determine the appropnate steps, aspermitted and available under applicable law, to protect our interestsIMPORTANT INFORMATION ABOUT LATE FEE CREDITS 2‘We may occasionally provide a credit for the amount, part or all, of @ late fee charged to your account, If we do, we wall‘charge a fee of up to $41 00 for any subsequent late payment In additon, we may reverse the credit and repost the‘charge to your account if you fal to make the minimum payment due on o¢ before the due date in the next bling penodROAMAN'S CARDHOLDERS GET FREE SHIPPING 4x Per Year! ($75 mnininun, radaomable online onl) CSXSSEEE RMsHIPPING 2022 TO USE: SELECT YOUR ROAMAN'S CREDIT CARD AND ADD THIS COUPON IN CHECKOUI, YOU CAN COMBINE WITH OTHER COUPONS 100! SEL DETAILS ON BACK PAGE 1 OF 4 Sr Ace ade unt no = New balance $1 27871 Minimum payment due $60.00 Previous balance $1,310 ‘ayment due date 03/12/2023 Payments -6500 Late payment warning: Other credits 0.00 If wa do not receive your mirwnum payment by 03/12/2023 you Purchases 0 fay have to pay up toa $41 00 late foo Other debits +000 Fees charged +000 ‘Minimum Payment Warning: Ifyou make only the minimum Interest charged +3016 payment for each penod, you will pay more in interest and it wall New balance +34.275.71 take you longer to pay off your balance For example, Past due amount $0.00 you make no additional You will pay off ‘And you wil cchaiges using this card the balance shown | end up paying an ech het $1,49000 and each month you pay. ‘on the statement estimated total Available credit $214.00 in about of Statement closing date 02/15/2023, Only the minimum payment ‘4 years — ” Days in billing ycle 28 [ee Beas a Save 214 For information regard
Case Info
Case No.
(Subscribe to View)
Document Filed Date
August 06, 2024
Case Filing Date
August 06, 2024
County
Parties
MCMULLIN, MELISSADefendant
MIDLAND CREDIT MANAGEMENT, INC.Plaintiff
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Re: Diamond PEO, LLC v. Romero, et al. Superior Court Case No. 22CECG03098Hearing Date: August 20, 2024 (Dept. 501)Motion: Default Prove-UpTentative Ruling: To deny without prejudice. If oral argument is timely requested, such argument will be entertained on August21, 2024, at 3:30 p.m.Explanation: Judgment Sought Exceeds Relief Demanded in Complaint Plaintiff’s request for court judgment seeks $154,741.39 and for damages aftercomplaint of $32,024.27. However, the Complaint prays for “damages in excess of$154,741.39…) (Compl., ¶ 25.) “In all default judgments the demand sets a ceiling on recovery.” (Greenup v.Rodman (1986) 42 Cal.3d 822, 824 [including default judgments entered as discoverysanction]; Reedy v. Bussell (2007) 148 Cal.App.4th 1272, 1294 [including default judgmententered as terminating sanction].) Relief that is not demanded in the complaint cannotbe granted by default judgment, even if that relief otherwise would have been proper.(Code Civ. Proc., § 580, subd. 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Alternatively,plaintiff may amend the complaint to seek the damages that were incurred after thefiling of the complaint; however, this would serve to re-open the default againstdefendants. Settlement Allocations Plaintiff further discloses that it has reached settlement with co-defendant,Claudia Perez, who has since been dismissed from the action, in an amount of $120,000.Plaintiff claims that her settlement amount does not offset any portion of damagesrecoverable from South Bay Safety, Inc. (“South Bay”) and Ms. Romero, since thesettlement agreement between plaintiff and Ms. Perez provides that plaintiff mayallocate the funds from her settlement payment towards any category of damages thatit desires. Plaintiff further indicates that it has allocated these settlement proceedstowards only punitive damages against Ms. Perez. In the ordinary case, “[t]o prevent a double recovery, equity demands credit begiven for payments received on the judgment. Such a balance acts as an offset againstthe judgment.” (Jhaveri v. Teitelbaum (2009) 176 Cal.App.4th 740, 753.) “It is the rule that‘if one joint tortfeasor satisfies a judgment against all joint tortfeasors the judgmentcreditor cannot obtain a double recovery by collecting the same judgment from anotherof the tortfeasors.’ [Citation.]” (Ibid., citations omitted.) Similarly, “[w]here fewer than allof the joint tortfeasors satisfy less than the entire judgment, such satisfaction will not relievethe remaining tortfeasors of their obligation under the judgment. Stated otherwise,‘partial satisfaction has the effect of a discharge pro tanto [for so much].’ ” (Id., p. 755,italics in original.) Plaintiff has not provided any authority showing that its allocation provision in thesettlement is sufficient to deviate from the usual rule for an offset based on Ms. Perez’spartial satisfaction. While parties may contract to whatever terms they see fit, the generalapproach for punitive damages requires that they “bear a reasonable relation to theactual injury suffered. (Gagnon v. Continental Casualty Co. (1989) 211 Cal.App.3d 1598,1602, emphasis added, fn. omitted.) Plaintiff’s allocation provision, which allocates $0 indamages to compensatory damages and $120,000 to punitive damages is at odds withthis principle. Unless plaintiff provides authority to support its contention that an offset isunnecessary where an allocation provision allocates the entirety of a settling party’ssettlement funds to punitive damages, plaintiff’s recovery of compensatory damages islimited to $34,741.39 ($154,741.39 - $120,000). Election of Remedies “Generally speaking, election of remedies is the act of choosing between two ormore concurrent but inconsistent remedies based upon the same state of facts.Ordinarily a plaintiff need not elect, and cannot be compelled to elect betweeninconsistent remedies during the course of trial.” (Wallis v. Superior Court (1984) 160Cal.App.3d 1109, 1114.) “In an action for the breach of an obligation not arising from contract, where it isproven by clear and convincing evidence that the defendant has been guilty ofoppression, fraud, or malice, the plaintiff, in addition to the actual damages, may recoverdamages for the sake of example and by way of punishing the defendant. (Civ. Code,§ 3294 , emphasis added.) Accordingly, as a general rule, “[i]n the absence of anindependent tort, punitive damages may not be awarded for breach of contract ‘evenwhere the defendant's conduct in breaching the contract was wilful, fraudulent, ormalicious.’ ” (Cates Construction, Inc. v. Talbot Partners (1999) 21 Cal.4th 28, 61.) “To date, application of this tortious characterization has been confined for themost part to insurance contracts.” (Wallis v. Superior Court (1984) 160 Cal.App.3d 1109,1116.) However, some courts have “intimated that a non-insurance contract could betortiously breached if it contained characteristics similar to those which allow a finding ofa tortious breach in an insurance contract. [Citation.]” (Wallis v. Superior Court (1984) 160Cal.App.3d 1109, 1118, citations omitted [discussing the bad faith breach of contract].) Alternatively, where it is shown that the “operative facts giving rise to each causeof action are different…” “the cause of action for fraud was not inconsistent with theremedy for breach of contract…” (Baker v. Superior Court (1983) 150 Cal.App.3d 140,145.) Here, plaintiff seeks remedies for its fraud claims (punitive damages) and for itsbreach of contract claims (attorneys’ fees and costs). 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Attorneys’ Fees and Costs Plaintiff seeks $99,935 in attorneys’ fees and $15,698.40 in costs. Counsel indicates that he has spent 304.7 hours on this matter and that his hourlyrate is $350 per hour. He also submits billing statements in support of his declaration. Thus,the attorneys’ fees actually incurred in this case were $106,645. Plaintiff credits $6,710 todefendants in an amount already previously paid. There is no challenge to the reasonableness of counsel’s hourly fee, and the courtdetermines the time spent on the case to be appropriate. However, it does not appearappropriate to shift the attorneys’ fees incurred during settlement negotiations with Ms.Perez to South Bay and Ms. Romero. Consequently, $3,780 is deducted from the feerequest for the time spent on settlement negotiations between plaintiff and Ms. Perez. The costs are sufficiently proven. In sum, plaintiff has proven only $34,741.39 in damages, $96,155 in attorneys, and$15,698.40 in costs. 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