Complaint/Equivalent Pleading Filed - Complaint July 08, 2024 (2024)

Complaint/Equivalent Pleading Filed - Complaint July 08, 2024 (1)

Complaint/Equivalent Pleading Filed - Complaint July 08, 2024 (2)

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  • Complaint/Equivalent Pleading Filed - Complaint July 08, 2024 (4)
  • Complaint/Equivalent Pleading Filed - Complaint July 08, 2024 (5)
  • Complaint/Equivalent Pleading Filed - Complaint July 08, 2024 (6)
  • Complaint/Equivalent Pleading Filed - Complaint July 08, 2024 (7)
  • Complaint/Equivalent Pleading Filed - Complaint July 08, 2024 (8)
  • Complaint/Equivalent Pleading Filed - Complaint July 08, 2024 (9)
  • Complaint/Equivalent Pleading Filed - Complaint July 08, 2024 (10)
 

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50D03-2407-CC-000472 Filed: 7/8/2024 11:02 AM Clerk Marshall Superior Court 3 Marshall County, IndianaSTATE OF INDIANA ) IN THE MARSHALL COUNTY SUPERIOR COURT )ss:COUNTY OF MARSHALL ) CAUSE NO.MIDLAND CREDIT MANAGEMENT, INC., Plaintiff vs.TERA A DOUGLASS, Defendant. COMPLAINT 1 Upon information and belief, Defendant TERA A DOUGLASS, resides at 820 Miner St, Plymouth,Marshall County, Indiana. 2 Credit was extended to Defendant on the following accounts: Account Number Former Creditor Account Balance XXXXXXXXXXXX3733 | SYNCHRONY BANK | $713.27 XXXXXXXXXXXX8447 CREDIT ONE BANK, N.A. $1,957.76 XXXXXXXXXXXX1664 FIFTH THIRD BANK, NATIONAL $4,154.65 ASSOCIATION 3 Defendant failed to pay the amount due on the accounts. 4 Defendant has failed to object to the accuracy of billings sent to Defendant and/or has otherwise assentedto the balance and has failed, refused, or neglected to pay as agreed. 5 As of , Defendant owes a balance of $6,825.68 to Plaintiff, as is more fully set out in Plaintiff's Affidavitsof Debt attached as Exhibit A and supported by the account documentation included therein. 6. Plaintiffis the assignee of Defendant's accounts listed above. Please see the Chains of Assignmentattached within Exhibit A. WHEREFORE, Plaintiff requests a judgment in its favor and against Defendant for total damages in the amountof $6,825.68, plus costs of collection, any post-judgment interest and such other relief as the court may deem appropriate. Respectfully Submitted, STENGER & STENGER, P.C. Attorneys for Plaintiff \ Dated: 06/28/2024 B L Keith A. Sp: s #32766-71 ( Denise M. Hallett #8406-45 CI Zachary M. Kimmel #34667-47 L] David W. Gray #32482-45 X] David J. Hoff #35481-15 2618 East Paris Avenue SE Grand Rapids, MI 49546 Phone: (866) 870-7452 Fax: (616) 942-9657 Email: indiana@stengerlaw.comTHIS IS A COMMUNICATION FROM A DEBT COLLECTOR. WE ARE ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 24-157206 IIMIINIDIINII0 000000111 10 00 N00 M0 0 0EXHIBIT ATHIS IS A COMMUNICATION FROM A DEBT COLLECTOR. WE ARE ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 24157206 IIIMIININIINIIN0 000010 0010010001010 U0 00 011AFFIDAVIT OF DEBT Comes now affiant, and states: I, Beverly Zupfer, am of adult age and am an employee of Midland Credit Management, Inc. ("Plaintiff or *“MCM"), and am fully authorized by Plaintiff to make the following representations. | am familiar with the recordkeeping practices of Plaintiff. The following representations are true according to documents kept in the normal course of business and/or my personal knowledge. Ihave 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. In addition, I reviewed the documents that are attached to this affidavit. y The Plaintiff has obtained this debt from SYNCHRONY BANK and the original creditor of this debt was SYNCHRONY BANK. Evidence of the debt, as required in Rule 9.2(A) (2), is attached as one or more Exhibits to this Affidavit. 2) TERA A DOUGLASS, Defendant, had an account balance of $713.27 as of 2024-05-06, which is owed to Plaintiff on account 9X3 733 (hereinafter "the Account"). 3) MCM's records show that the Account was opened on 2019-08-07 and the last payment posted to the Account on 2021-1 1-06 in the amount of $54.00. MCM's records show that the Defendant defaulted on the Account on or after 2021-12-14 and the Account was charged off on 2022-06-12. 4) The type of account is: Credit card account (e.g. Visa, MasterCard, Department Store), Company issuing credit card: SYNCHRONY BANK (] Other: 5) The account balance includes: MCM's records show that there are no late fees after 2022-11-28. Interest at a rate of 0% beginning on 2022-06-12. 6) The Plaintiff is.not seeking attorney's fees. 71) MCM's records do not show that Defendant is a minor or mentally incapacitated person. 8) If the Defendant is an individual, Plaintiff states and declares that pursuant to the attachment, Defendant is not in active duty status of the military. (“Active military service” includes fulltime duty in the military (including the National Guard and reserves) and, for members of the National Guard, service under a call to active service authorized by the President or Secretary of Defense. For further information, see the definition of “military service” in the Servicemembers Civil Relief Act, as amended, 50 U.S.C.A. Appx. §521.) AFFIDAVIT OF BEVERLY ZUPFER - |IEOAAC AOC LM HEN wi IGUAL 319251312 4-1572069) As set forth in the records attached hereto, the complete chain of title including SYNCHRONY BANK, the original creditor, and all post-charge-off purchasers/assignees of the debt are as follows: 1 SYNCHRONY BANK 2022-11-28 2. Midland Credit Management, Inc. 10) Attached hereto are the following records regarding the Account: a) Bill(s) of Sale, Assignment and/or Affidavit(s) of Sale b) Seller data sheet reflecting the individual Account information from the electronic records provided by the seller or assignor pursuant to the Bill(s) of Sale, Assignment(s) and/or Affidavit(s) of Sale in connection with the sale or assignment of the Account to Plaintiff c) Records regarding the Account and/or payments received: i) Contract, application, or other document evidencing the consumer's agreement to the debt; and/or ii) Statement(s) and/or Account records reflecting: 1) the charge-off balance; and 2) the last purchase transaction, payment, or balance transfer. il) The documents attached hereto are true and correct copies of the originals, being a reproduction of Plaintiff's records, based upon my review, except to the extent that confidential and privileged information and/or personal identifying information is omitted or redacted as required by local tules, and applicable state and federal law. I swear or affirm under the penalties of perjury that the foregoing representations are true. JUN 4 2 2024 Date BL Beverly Zupfer MI230 AFFIDAVIT OF BEVERLY ZUPFER - 2INOUE CAAA AG CH ICT CONTAC CEA AFFRECATTACHeee ISO} BILL of SALE Midland (SOBRMAGS) — RF Aged BULK — November 2022 For value received and in further consideration of the mutual covenants and conditionsset forth in the Forward Flow Accounts Purchase Agreement (the “Agreement”, dated as of 10"day of November, 2022 by and between Synchrony Bank formerly known as GE Capital RetailBank; RFS Holding, L.L.C., Synchrony Card Funding, LLC, and Retai] Finance Credit Services,LLC (collectively “Seller”) and Midland Credit Management, Inc. (“Buyer’”),Seller herebytransfers, sells, conveys, grants, and delivers to Buyer, its successors and assigns, withoutrecourse except as set forth in the Agreement, the Accounts as set forth in the Notification Filesdelivered by Seller to Buyer on or about 12" day of November 2022, and as further described inthe Agreement. Capitalized terms not defined herein shall have the definition ascribed in theAgreement. With respect to information for the Accounts summarized in the Notification Files, theSeller represents and warrants to Buyer that (i) the Account information constitutes the Seller’sown business records and accurately reflects in all material respects the information in theSeller’s database; (ii) the Account information was kept in the regular course of business; (iii)the Account information was made at or near the time by, or from information transmitted by, aperson with knowledge of the data entered into and maintained in the Account’s database; and(iv) it is the regular practice of the Seller’s business to maintain and compile such data..Synchrony Bank Synchrony Card Funding, LLCBy: ifine Fisher (Nov 40, 2022 15:36 EST) Lynne Fisher __ By: Line Fisher (Nov 30, 2022 15:38 EST)Lynne Fisher Lynne FisherSVP Recovery Operations Duly Authorized SignatoryRFS Holding, LLC Retail Finance Credit Services, LLCBY: ifine Fisher (Nov 30, 2027 15:38 EST)Lynne Fisher Lynne FisherDuly Authorized Signatory Vice PresidentMidland Credit Management, Inc. py EAI MED:By: Dantells Wohitehrt (ov 30, 2027 1431 PST) holas‘Matovsk\ Nicholas MatovskyDanielle Wohlfehrt ‘Daten, 11/90/2022 “VP, Business DevelopmentPurchase Price Reconciliation/Funding Instruction: November 14, 2022To: Midland This ACCOUNT PURCHASE AGREEMENT, is made this 10th day of November 2022, by and betweenSynchrony Bank formerly known as GE Capital Retail Bank, RFS Holding, L.L.C., Synchrony Card Funding,LLC and Retail Finance Credit Services, LLC. (collectively, “Seller”) and Midland Credit Management, Inc.(“Buyer”) with reference to the following facts and circ*mstances:Portfolio Debt ManagerAgcy_Atty Code SOBRMAGSTotal Number of AccountsOutstanding Balances on Transfer Date:Cut-Off Date November 12, 2022Transfer Date November 12, 2022Purchase Price FactorPurchase Price0% HoidoutAmount of Wire transferDate of Funding November 28, 2022Bank:ABA No.Account No:Account Holder:Location:AFFIDAVIT OF SALE OF ACCOUNT BY GRIGINAL CREDITOR 1i |State of Florida Countyof SeminoleAlexa Stubbs being duly sworn, deposes and says:1 am over 18 and not a party of this action. I am a Media Representative of Synchrony Bankformerly known as GE Capital Retail Bank. In that position } have access to creditor’s books andrecords, and am aware of the process of the sale and assignment of electronically stored businessrecords.On or about 11/12/2022 Synchrony Bank formerly known as GE Capital Retail Bank sold a poolof charge-off accounts (the Accounts) by a Purchase and Sale Agreement and a Bill of Sale toMidland Credit Management, Inc. As part of the sale of the Accounts, electronic records andother records were transferred on individual Accounts to the debt buyer. These records were keptin the ordinary course of business of Synchrony Bank formerly known as GE Capital RetailBank.The Creditor has a process to detect and correct errors on these accounts. The above statementsare true to the best of my knowledge.Signed this 6th day of December, 2022 Ke. Alexa StubbsSigned and sworn to before me this 6th day of December, 2022(Notary Stamp) OSC AR CASTILLO a} Notary Public-State of Florid 21 Commission # HH 1866 My Commission Expires “ae October 14, 2025LENY AOS 1.3 2/1/2017- St. Paul: ' NY doc CERTIFICATE OF CONFORMITY UNDER NYS CLs CPLR § 2309(c) AND NYS CLS RPL § 299-a . The undersigned does hereby certify that he/she is an attorney-at-law duly admitted topractice in the State of Florida and residing in the State of Florida; that he/she is a person dulyqualified to make this certificate of conformity pursuant to Section 299-a of the Real Property Lawof the State of New York; that he/she lis fully acquainted with the laws of the State of Floridapertaining to the acknoviledgment or proof of affidavits; that the acknowledgement or proof uponthe foregoing Affidavit of Alexa Stubbs was taken by Oscar Castillo, a notary public in the Stateof Florida, in the mannér prescribed by|the laws of the State of Florida, being the state in whichthe Affidavit was taken; ‘and, based on his/her review thereof, that the notarized Affidavit conformsto the laws of the State of Florida in all respects. Witness my signature this 6th day of December, 2022 ' 1 jf Tyler Burich Attomey-at-law, State of Florida.Field Field DataAccount Number EE 3 733First Name TERAMiddle Name ALast Name DOUGLASSSSN aDate of Birth aAddress 1 820 MINER STCity PLYMOUTH State IN Zip 46563 Open Date 08/07/2019 Last Purchase Date 12/11/2020 Last Purchase Amount $10.67 Last Payment Date 11/06/2021 Last Payment Amount $54.00 Sale Amount $713.27 Charge Off Date 06/12/2022 Charge off Balance $713.27 Post Charge Off Interest $0.00 Post Charge off Fee $0.00 Post Charge off Payments $0.00 Post Charge off Payments and Credits $0.00 Post Charge off Credits $0.00Affi nity OLD NAVYAccount information provided by Synchrony Bank formerly known as GE Capital Retail Bankpursuant to the Bill of Sale/Assignment of Accounts transferred on or about 11/28/2022 inconnection with the sale of accounts from Synchrony Bank formerly known as GE Capital RetailBank to Midland Credit Management, inc.Midland (SOBRMAGS) - RF Aged BULK - November 2022SOBRMAGSye woe 4y ee ~ e = Sa eS “ ( i @ | THANK YOU oT for being a Synchrony a cardholder. coe ~~ TERA A DOUGLASS Visit us al eservice oldnavy.com ‘Account Number ES 9733 Customer Servico: 1-888-248-3162 EME Tne. Previous Balanca $619.54 New Balance $873.27 '+ Fees Charged $40.00 | Amount Past Que $320.00 + Interest Charged $13.73 Tota! Minimum Payment Due $981,00 New Batance $673.27 JOvertimit Amount $23.27 Payment Que Date 96/08/2022 [Crecit Limit $650.00 Late Payment Warning:lt we do not receive your Total Available Credit $0.00 Minimum Payroent Ou by the Payment Due Date listed |Statament Closing Date 051372022 Jabove, you may ave lo pay a late feo up ta $40.00. Daysin Biling Cycle Minimum Payment Warning: I! you make only tha minirmum [payment each period, yau wil pay more in interest and it will ake you longar to pay oft yaur balance. For example: ne one ny i. oc Eom eer feud Pere a fe) nt eter) Boies coe) a corey Only the Minimum 10 $720.00 payment months ‘Tyou would ike infarmation about eredit counseling ‘services, call 1-877-302-8775. Tran Date Post Dale Relerence Number ‘Dascription of Transaction or Grech ‘Amount} } Purchases in Our Stores (Gap, Old Navy, Banana Republic and Athleta) FEES 10506 = 05105, LATE FEE $40.00] TOTAL FEES FOR THIS PERIOD $40.00] INTEREST CHARGED: josi13 05/13 INTEREST CHARGE ON PURCHASES $13.73 (Continued on next page)NOTICE: fe may convert your payment into an electronic dabit. Soe reverse for datalls, Biling Rights ané other importantinformation.ose ern 1 aa 220813 EXPAGE 1 of 5 S242 1974 Na22 o1océsad Detach and mai this portion with your check. Do n \clude any correspondence with your check, -| Account Numbes SE 3733 rr Con rm cr oe rr ira i es Bont $385.00 $920.00 06/06/2022 $23.27 $673.27 Payment Enclosed: Please use Bor‘or black ink. ‘on-ling at scandentoldnavy.com s 0000.00 Now ackiress or email? Print changes on back, ‘We currently do ao} accept payments in our stores. TERA A DOUGLASS: 820 MINER ST PLYMOUTH IN 46563-2860 Make Payment To:0LD NAVY/SYNCHRONY BANK PQ BOX 530842 ATLANTA, GA 30353-0942Need an extra card? Call us at 1-866-448-4367rere are ete)Tran Date Post Date Reference Number Description ot Transaction or Credit ‘Amount TOTAL INTEREST FOR THIS PERIOD. $13.73 serra) Tolal Fees Chargedin 2022 $200.00 Tota! Interest Chargedin 2022 $57.05 Total Interest Paid in 2022 $0.00eee ker es‘Your Annual Percontage Rate (APR) is tho annual interes rate on your account. Annwal Balance Expiration Percentage Subject To Interest BalanceType of Balance Date Rate Interest Raia Chaige MethodPurchases WA 26.24%(v) $626.73, $13.73 20(y= variable ateWe value you as a customer. Please note the Payment Que Dale listed on the top of your statement and remittance stub asyour due date may have changed. If we do nol recaive your minimum payment due by 5pm ET of yaur due date, your accountis subject to a late fee.‘This is a duplicate copy ol your most recent biting statement. You may stil view and pay your electronic statement online.‘You can pay yaur bill ontino or aver the phone. We noticed you've been enjoying our easy paperiess payment options, so wovill no longer be including return envelopes. You can make things evan easier by selecting tha paperfass statement option onyour account ontine,04 arn 7 a 220513 ExeRGE 2 of S Sha 4474 nazz otceesaaeste ann 1 7 a 220513 exence 2 of 5 sag 1074 nazz onecesas6544 ati a 1 a 220813 EXPRGE 4 oF 5 sags tare nazz olcceseesone ara 1 7 11 220513 EXPRGE 5 of 5 9103 674 Na22 O1CCESArE zaes ie os so at . | Of Bs oe 4 rE sik ae "7 iSSate bscoat i seae bbs =e osS a arsoe = aNx = = a oe Bice a eg “i iieLs ag Ge aa abed & oF a re set Fbe 3 oe 7 fe x hg a a. pe fi;hig Py Cees a ns ses Peio ca = eeMe st ms > Me pies (i oe L és ee Be i 4dd 4 vi él 6 ys aj eyia is B a ff 4 i = Ze a3 ee ne a ee me Be a 4 & al dk O Che sae ie , oe ie nh ns ao o i ea ep i spapanbs 26Si 2 Se Ee!fe = sp= = rss iee a i i isfe Sasi f TERA A DOUGLASS Visit usat eservice oldnavy.com Account Number i 3733 Customer Service: -8B8-248-3182 Pravious Batance $673.27 New Balance $0.00 - Other Cres $713.27 | Amount Past Duo 30.00 + Fees Charged $40.00 Total Minimum Payment Ove $428.00 Rew Balance 30.00 Payment Due Date 06/13/2022 $650.00 Late Payment Waming:It we da not zeceive your Total [Credit Limit Minimum Payment Dua by the Payment Due Data listed Available Credit $0.00 above, you may have to pay a late fea up to $40.00. [Statement Closing Data 6/12/2022 Days in Billing Cycle 30 HTran Date Post Date Roferanco Number Description of Transaction or Cred ‘Amount "Purchases In Our Stores(Gap, Old Navy, Banana Republic and Alhleta) losri2 06/12 F914300HK00999990 CHARGE OFF ACCOUNT-PRINGIPALS ($359.18) josr2 06/12 F914300HK00999990 CHARGE OFF ACCOUNT-INTEREST CHARGE ($355.12) FEES 06/06 06/08 LATE FEE $40.00 ‘TOTAL FEES FOR THIS PERIOD $40.00| INTEREST CHARGED: jo6n2 06/12 INTEREST CHARGE ON PURCHASES $0.00) ‘TOTAL INTEREST FOR THIS PERIOD $0.00 Prac Gea) Total Fees Charged in 2022 $240.00 Total interest Charged in 2022 $57.05 Total interest Paid in 2022 30.00 NOTICE: We may convert your payment into an cironic debit. See reverse for details, Billing Ms and other impo stant information sas are £ 2 n 220612 2xPAGE 1 of $ 91431474 wA2z oiccesca Detach and mail this portion with your check. Do not include any comespondence with your check. Account Number: 3733 ~ orl Tia Crs Dorr)o irate oes a $429.00 ‘$0.00 06/13/2022, $0.00 30.00 Payment Enclosed: Pleaso use bive or black ink. OR pay on-line at esorvice.okinavy.com $0000.00 Now address ar email? Print changas on back. We currently do not accept 1yments in our stores. TERA A DOUGLASS. 620 MINER ST PLYMOUTH IN 46563-2966 Make Payment To:OLD NAVY/SYNCHRONY BANK PQ BOX 59042 ATLANTA, GA 30353-0042Need an extra card? Call us at 1-866-448-4367eRe‘Your Annual Percentage Rate (APR) is the annual interest rate an your account. Annuat Balenco Expiration Percentage Subject To Interest BalanceType of Balance Date Rate Interost Raia Charge MethodPurchases NA 26.24%(¥) $0.00 $0.00 20(W)= variable rateWyou received a Change in Terms Notification ‘rom Barclays and your account being translerred an June 17th 2022, youraulopay election will be canceled.We value you as a customer. Please nolo the Payment Due Dale listedan the top of your statement and remittance stub asyour due date may have changed. Il we do not receive your minimum payment dueby 5pm ET of your due date, your accountis subject 10 al re lee.Statement not provided to customer.‘This is a duplicate copy of your most recem billing statement. You may stil visw and pay your electranic statement online.‘Yau can pay your bill antine or over tha phone. We noticed you've bean enjoying cur easy paperless payment options, so wowill no longer be including retum envelopes. You can make things even easier by selecting tha paperless statement optiononyour account online.ses er 1 3 n 220612 2XPRGE 2 of 9143 ate maze crsessacesa ere 2 3 u zaceiz exeacr 3 of § ous vans Naze olccesesase atk a n 220612 Lx PAGE Gof 5 ona are waza olacesea504 ere a a n 220612 2XPRGE Sof 5 943 te mn22 oncessesSynchrony BankP.O, Box 965064Orlando, FL 32896-5064 aitte 11/30/2022 TERA DOUGLASS 820 MINER ST PLYMOUTH, IN 46563-2960 LCD TLL LibRE: Old Navy CardAccount Number: mS 733Account Balance at Time of Sale: 713.27Dear TERA DOUGLASS,This letter is to inform you that the above-referenced account was sold to Midland Credit Management, Inc.on 11/12/2022. If you have any questions about this account, please contact:Midland Credit Management, Inc.ATTN: Posting Team, 320 East Big Beaver RoadTroy, MI 48083877-451-6685https:/Awww.midlandcredit.com/Sincerely,Synchrony BankSOLDLTR2oe a ul = se Ty i = ce ne edee J a co es a ues a oi i a A\ “ Ee a A: a a ace © = fe nee es a we es y ‘b5.b el hror al d ‘ol ny Y, Pe “hyee PO 3 se ne i Oe ae on 28 eae % & TERA A DOUGLASS Visit us at eservice oldnavy.com Account Number a 3733 ‘Customer Service: 1-877-222-6868 Gmartaienr Previous Balance $418.15, New Balance ‘$367.50 - Payments $54.00 Total Minimum Payment Due . $40.00 [+ Interest Charged $8.35) Payment Due Dato 12eer2021 New Balance $567.50 Late Payment Waming:lf wo do nat receive your Total Minimum Payment Due by the Payment Due Date fisted [Creast Limit $650.00 Jabove, you may have to pay a late tee upto $40.00. Available Credit $0.00 Minimum Payment Warning: if you make only the minimum [Statement Closing Date suiencar payment each period, yau wid pay mare it intorast and it will Days in Billing Cycle 28 ake you longerto pay off your balance, For example: et cae Seta ere) or Perle Ce cea Corr fe) Aen eer eee Peay oT Poors Aart nly the Minimum W $416.00 sayment months you would Fike information about credit counseling services, call 1-877-302-8775. a Bsns ‘Tran Date Post Date Reference Number Descri of Transaction or Credit Amount "Purchases In Our Stores(Gap, Old Navy, Banana Republic and Athleta) 1106 1108, P9143009P00XS6H17 ONLINE PAYMENT THANK YOU ($54.00) FEES TOTAL FEES FOR THIS PERICD $0.00} INTEREST CHARGED 1112 1142 INTEREST CHARGE ON PURCHASES $8.95) {Continued on nox! page) . Nolice: We may convert your payment info an electronic debit. Soe Statement Disclosures lirk on your eServices Statement Page for datas, ling Fights and other important intormation. ese am 4 7 a aan © PAGE 1 of 3 143 vata ware orceesea I Account Number: a 3733e ry) I er Coord Cire $40.00. 12106/2021 $367.50 ‘We currently do not accept ‘Save a stamp, pay onine so000.00 payments in our stores. TERA A DOUGLASS: 820 MINER ST PLYMOUTH IN 48583-2960 Make Payment To:0LD NAVV/SYNCHRONY BANK PO BOx 30842 ATLANTA, GA 30383-0042Need an extra card? Call us at 1-866-448-4367Tran Dale Post Date Reterence Number Description of Transaction or Credit ‘Amaunit TOTAL INTEREST FOR THIS PERIOD $8.35] PRChina Total Fees Charged in 2020 $280.00 Total Interest Charged in 2021 $116.99 Total Interost Paid in 2021 $118.08 er eee ‘Your Annual Percentage Rate (APR}is the annual interest rato on your accoun!. Annual Balance Expiration Percentage Subject To Interest Balance ‘Type of Balance Dae Rate Interest Rate Charge Method Purchases: NA 25.99%(0) $404.23 $8.95 20 () «variable rateYau can pay your bill onlineor aver the phon. We noticed you've been enjoying our easy paperless payment options, so wewill no fonger be including return envelopes. You can make things even easier by selecting the paperless slatement option onyour account online.es att 1 a amie E PACE 2 of 3 s143 4 ware onecessdooee ern a 1 a ane B PAGE 3 of 3 S143 1474 wnaz orccessaTEMPLATE 02v 2737 SYNCHRONY BANK PRICING INFORMATION ADDENDUM

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Complaint/Equivalent Pleading Filed - Complaint July 08, 2024 (2024)

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A verified complaint is a verification of the facts that have been stated in a complaint as truth. It is verified by the plaintiff or their attorney and may come attached with exhibits. In California, if you are answering the verified complaint, every single paragraph must be answered with denial or an admission.

What is a written answer? ›

An answer is a formal written response to the plaintiff's complaint in which the defendant responds to all of the allegations in the complaint and sets forth any defenses to all or part of plaintiff's claims. An answer is filed by the defendant after s/he has been served with a copy of the complaint.

What are the components of an answer to a complaint? ›

When drafting an answer, one must: (1) follow the local, state, and federal court rules; (2) research the legal claims in the adversary's complaint; (3) respond to the adversary's factual allegations; and (4) assert affirmative defenses, counterclaims, cross-claims, or third-party claims, if applicable.

Is a pleading and a complaint the same thing? ›

A plaintiff starts a civil action by filing a pleading called a complaint. A complaint must state all of the plaintiff's claims against the defendant, and must also specify what remedy the plaintiff is seeking. After receiving the complaint, the defendant must respond with an answer.

What is a reply in a pleading? ›

A Response or Reply to the Opposing Party's Pleadings is your answer to the opposing party's document filed with the court.

What is a formal response to a complaint? ›

I'm sorry you have felt the need to complain..... Use this: I apologise for not providing the quality of update that our processes intend to cater for... I am sorry you had cause to complain but I would like to thank you for bringing these matters to our attention.

Are complaints normally verified in federal court? ›

In many jurisdictions, a complaint does not need to be verified unless a rule or statute specifically states otherwise. For example, under Federal Rule of Civil Procedure 23.1, the complaint in a shareholder derivative action must be verified (see Practice Note, Shareholder Derivative Litigation: Overview).

What does the defendant say in response to the plaintiff's allegations? ›

If you file an Answer to the lawsuit and defend yourself in court, you can state an affirmative defense. You can deny what the plaintiff says you did without saying anything else. But you can also have affirmative defenses. You must raise it in your Answer or you may give up your right to bring it up later.

What is a responsive pleading in federal court? ›

What is Responsive Pleading? A pleading that directly responds to the merits of the opponent's pleading, as opposed to filing a motion to dismiss or other attempt to reject a direct response. An answer to the complaint is an example of a responsive pleading.

What not to do when responding to a complaint? ›

Table of Contents
  1. Don't Be Confrontational.
  2. Don't Get Defensive.
  3. Don't Take the Complaint Lightly.
  4. Don't Dismiss Their Concerns.
  5. Don't Write a Complicated Response.
  6. Don't Delete Complaints.
  7. Don't Alter Content.
  8. Don't Acknowledge or Repeat PHI.
Dec 1, 2021

What happens if you fail to respond to a complaint? ›

Whether in state court, federal court or arbitration forums, a defendant in a civil action who does not file a response to the complaint against them within the time set forth by law effectively forfeits their right to defend the action.

How do you validate a complaint? ›

The first step to determine if a customer complaint is valid is to listen actively to what they are saying. Active listening means paying attention, showing empathy, asking open-ended questions, and paraphrasing what they say to confirm your understanding.

How to respond to a plaintiff's claim? ›

File an answer

Filing an answer is probably the most common way of responding to a lawsuit. An answer is your opportunity to respond to the complaint's factual allegations and legal claims. It also allows you to assert "affirmative defenses," facts or legal arguments you raise to defeat plaintiff's claim.

How do you write a response letter to a lawsuit? ›

Your response should cover every paragraph in the complaint and whether you admit or deny each point raised. If you can't remember whether part of the complaint is correct, it may be safer to deny it and avoid relying on your memory. For each point that you admit or deny, include a brief reason why.

When answering a complaint, the defendant can do all of the following except? ›

The answer to the question is letter C. When answering a complaint the defendant cannot admit to the allegations set forth in the complaint because admitting to the allegations will let the defendant be convicted automatically.

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