LOWNDES COUNTY, GEORGIA
`Lowndes County - Magistrate Court
`2023C03590
`6/30/2023 11:12 AM
`Kelley Maslak
`Clerk of Magistrate Court
`Reviewed by: Kayla Farmer
`
`6/30/2023
`
`/s/ Kelley Maslak
`
`IN THE MAGISTRATE COURT OF LOWNDES COUNTY, STATE OF GEORGIA
`
`Midland Credit Management, Inc as assignee of COMENITY
`CAPITAL BANK
`P.O. Box 7389
`Marietta, GA 30065
`(470) 240-3440
`
`Plaintiff,
`
`v.
`SHANNON CARVER
`6269 SANDPIPER DR
`VALDOSTA GA 31601-7884
`Telephone (Daytime number if known, otherwise, evening number)
`Defendant(s)
`
`Civil Action Number:
`
`STATEMENT OF CLAIM
`
`{ } Suit on Note { } Suit on Account { } Other Contract
`
`1.
`2.
`
`3.
`
`The Court has jurisdiction over the defendant(s) {X } the Defendant(s) is/are a resident of LOWNDES County.
`Plaintiff claims the Defendant(s) is/are indebted to the Plaintiff as follows: (Consider attaching contracts, invoices & items to prove prima
`facie case). *SEE ATTACHED COMPLAINT*
`That said claim is in the amount of: $682.35 principal, and all future costs of this suit.
`
`State of Georgia, County of Fulton - Joshua R. Orem, states upon penalty of perjury, that the foregoing is a just and true statement of the amount
`owing by Defendant(s) to Plaintiff, exclusive of all set-offs and just grounds of defense.
`
`Date: _________________________________
`
`Sworn and subscribed to before me on the above written date.
`
`______________________________________
`NOTARY PUBLIC
`
`__________________________________________
`Joshua R. Orem - Georgia Bar No. 413725
`Day Time Phone No. (470) 240-3440
`APH FILE NUMBER: 23-18452
`I request a civil trial (X) during normal Business Hours
`
`NOTICE AND SUMMONS
`TO: All Defendant(s): You are hereby notified that the above named Plaintiff(s) has/have made a claim and is requesting judgment against you
`in the sum shown by the foregoing statement. YOU ARE REQUIRED TO FILE or PRESENT AN ANSWER (answer forms can be obtained from
`the clerk’s office) TO THIS CLAIM WITHIN 30 DAYS AFTER SERVICE OF THIS CLAIM UPON YOU. IF YOU DO NOT ANSWER,
`JUDGMENT BY DEFAULT MAY BE ENTERED AGAINST YOU. YOUR ANSWER MAY BE FILED IN WRITING OR MAY BE GIVEN
`ORALLY TO THE JUDGE. If you choose to file your answer orally, it MUST BE IN OPEN COURT IN PERSON and within the 30 day period.
`NO TELEPHONE ANSWERS ARE PERMITTED. The court will hold a hearing on this claim at a time to be scheduled after your answer is
`filed. You may come to court with or without an attorney. If you have witnesses, books, receipts, or other writings bearing on this claim, you
`should bring them to court at the time of your hearing. If you want witnesses or documents subpoenaed, see a staff person in the Clerk's office for
`assistance. If you have a claim against the Plaintiff, you should notify the court by immediately filing a written answer and counterclaim. If you
`admit to the Plaintiff's claim but need additional time to pay, you must come to the hearing in person and tell the court your financial
`circ*mstances. Your answer must be RECEIVED by the clerk within 30 days of the date of service. If you are uncertain whether your answer will
`timely arrive by mail, file your answer in person at the Clerk’s office during normal business hours at the following address: 327 North Ashley St,
`2nd Flr, Valdosta GA 31603, 229/671-2610.
`
`_____________________Date
`
`Deputy Clerk_________________________
`
`6/26/23
`
`
`
`LOWNDES COUNTY, GEORGIA
`Lowndes County - Magistrate Court
`2023C03590
`6/30/2023 11:12 AM
`Kelley Maslak
`Clerk of Magistrate Court
`Reviewed by: Kayla Farmer
`
`IN THE MAGISTRATE COURT OF LOWNDES COUNTY
`STATE OF GEORGIA
`
`Midland Credit Management, Inc as assignee of
`COMENITY CAPITAL BANK
`Plaintiff,
`
`vs.
`
`SHANNON CARVER
`Defendant(s).
`
`CIVIL ACTION FILE NO.
`
`COMPLAINT ON BREACH OF CONTRACT
`
`COMES NOW, Midland Credit Management, Inc as assignee of COMENITY CAPITAL BANK, Plaintiff
`
`in the above entitled cause, and as its complaint shows this Court as follows:
`
`1.
`
`That the Defendant, SHANNON CARVER, is a resident of 6269 SANDPIPER DR, LOWNDES County,
`
`VALDOSTA GA 31601-7884 and is subject to the jurisdiction of this Court.
`
`Defendant(s) entered into an agreement with the original creditor.
`
`2.
`
`3.
`
`Attached hereto and incorporated herein as Exhibit "A" is a true and correct copy of a statement of the
`
`defendant's account(s). **************0906
`
`
`
`LOWNDES COUNTY, GEORGIA
`Lowndes County - Magistrate Court
`2023C03590
`6/30/2023 11:12 AM
`Kelley Maslak
`Clerk of Magistrate Court
`Reviewed by: Kayla Farmer
`
`Plaintiff purchased the account and received written assignment of the debt at issue in this action, a true and
`
`4.
`
`correct copy of which is attached hereto and incorporated herein as Exhibit "B".
`
`5.
`
`Defendant(s) breached the agreement by failing to pay as agreed and left an outstanding balance of $682.35.
`
`WHEREFORE, Plaintiff demands judgment against the Defendant(s) in the sum of $682.35, plus cost of
`
`court.
`
`ALDRIDGE PITE HAAN, LLP
`
`_____________________________________
`Joshua R. Orem
`Georgia Bar Number 413725
`
`P.O. Box 7389
`Marietta, GA 30065
`(470) 240-3440
`ATTORNEYS FOR PLAINTIFF
`APH File No. 23-18452
`23-18452_GASUIT_June 21, 2023
`
`
`
`LOWNDES COUNTY, GEORGIA
`Lowndes County - Magistrate Court
`2023C03590
`6/30/2023 11:12 AM
`Kelley Maslak
`Clerk of Magistrate Court
`Reviewed by: Kayla Farmer
`
`PAGE 1 OF 4
`
`Account no.
`
`*"*""'"**"**0906
`
`Previous balarice
`Payments
`om
`credi'ts
`Purchases
`Other debits
`Fees charged
`interest charged
`New balance
`Past due amount
`
`Credit limit
`Available credit
`Statement closing date
`Days in billing cycle
`
`$627.14
`0.00
`coo
`000
`0-00
`4100
`1421
`$682.35
`187.00
`
`$350.00
`$0.00
`04/22/2022
`30
`
`New balance
`Minimum payment due
`Paymerit due date
`Late Payment warning-
`If we do not receive your minimum payment by 05/18/2022 you may
`have to pay up to a $41.00 late fee.
`
`_
`
`_
`
`.
`
`.
`
`$682.35
`$222.00
`05/18/2022
`
`Minimum payment warning: if you make only the minimum
`payment for' each period, you will pay more in interest and it will take
`you longer to pay off your balances. For. example:
`Ycu will pay off
`Anni you will
`the balance shown end up paying an
`an ihe siaiement
`estimated fatal
`in abuut:
`of:
`
`if you make no additional
`charges using this card
`and each month you pay:
`
`Only the minimum payment
`$896
`2 years
`For information regarding credit counseling services,
`call 1800284-1706.
`
`Eli
`
`TRANS DATE
`Fees
`04/18/2022
`
`THANSACTEON DESC filPTiON/LOCATION
`
`LATE FEE
`Total fees charged tor this period
`
`interest charged
`Interest charge on purchases
`Total interest for this period
`
`2022 totals year to date
`Total fees charged in 2022
`Total interest charged in 2022
`
`1.
`
`$164.00
`$49.70
`
`AMOUN
`
`41.00
`$41.00
`
`$14.21
`$14.21
`
`Your Annual Percentage Rate (APR) is the annual interest rate on your account. See BALANCE COMPUTATION METHOD
`on page 2 for more details. Minimum interest charge may exceed interest charge beloty. per your credit card agreement.
`BALANCE SUBJECT
`TYPE OF
`INTEREST
`BALANCE
`CHARGE
`TO ENTEHEST HATE
`640.75
`Purchases
`14.21
`
`APE
`26.990098 (V)
`
`EMMEDIATE ATTENTION REQUIRED! Your Account is extremely past due and will be written off as a
`bad debt at the end of this month. To avoid this, you can pay the Minimum amount shown on this
`smmmembMWemeEMOnmsmomhHwmamnmamenwmymeMmMumPmnmmamomtwemn
`still be able to assist you and prevent your account from being written oii, Call us at 18556178089
`(TDD/TTY 1-888819-1918) and we will lincl a suitable payment before the end of this month. it written off,
`(CONTINUED)
`
`NOTECE' See reverse side for important information.
`Please tear at perforation above
`
`Account
`number
`New balance
`$682.35
`99 4
`Mailed a merits must reacti us b
`0511812022
`on
`
`*nnn_nnnn_nnn*'0906
`Minimum payment
`$222.00
`
`S m ET
`p
`
`y
`
`El" 08E
`I"5|!
`"4 J
`
`.
`E131: 1321
`
`Amount
`enclosed:
`
`aafig
`
`-:
`
`.
`
`i
`
`i i'sersmfi
`
`,y
`
`Yes, I have moved or updated my
`e-mail address - see reverse.
`
`SHANNON CARVER
`6269 SANDPIPER DR
`VALDOSTA GA 316017884
`
`E xhibit A
`
`Please make check payable to:
`COMENITY Academy Sports + Outdoors
`
`Please return this portion along with your payment to:
`PO BOX 650967
`DALLAS TX 75265-096?
`
`
`
`LOWNDES COUNTY, GEORGIA
`Lowndes County - Magistrate Court
`2023C03590
`6/30/2023 11:12 AM
`Kelley Maslak
`Clerk of Magistrate Court
`Reviewed by: Kayla Farmer
`
`CREDIT REPORTING We may- Ieport informati on about your account to
`I re-(SIt t)In
`us. Late payments missed payments, or other detaiIlts on your
`account may be ref! ected In your credit report.
`NOTICE OF CREDIT REPORT DISPUTES
`If V'- = believe the arrnIIr't intnrmatinn we report-"r11"- a (month-Fer rhnr'rting
`:J',) Iii
`I. "an In.
`cg:
`l.».:..I.
`.I- Ii. . v\IA .'I.
`... .III
`I":
`: him I
`.I
`..
`.I
`CIII 454m 4140.
`balm r'u box 1011/41.
`IUul ImI'IieII umuute
`Col-u... L'ub.
`I'IIII'II
`'I1I'I'
`Account information: Your name and account number
`Contact Information:
`'our address and
`phone number
`h
`
`.I.
`
`Ihé CIoIIII 5M.
`.;
`.7. or... I;
`.'uIIIIaIIUI. )'VL (no IIIsput
`.I
`'rIt'II'III=
`I,':I
`,y",II
`'ewillIr'.'
`i'
`within 30 (Jays (1i receipt of
`I\. I'lllfitlUfi fiESUBU tor U'uli If"!
`E
`mi Inrnrwspm "Ir. VIA-Imam .~ Immmin
`.Is I; .III *lryr.'
`1;.»
`
`Io cite-1......
`
`I
`
`Keep this portion for your records.
`What To Do If You Think You Find A Mistake On Your Statement
`If you think there is an error on your statement, write tr) us at: Comenity
`Capital Bank PO Box 182 20, ColumbusI OH 43218-2620.
`
`what you beiieve is wrong and why you believe it Is a mistake.
`You must contact us within 60 days atter' the error appeared DII your
`statement.
`You must notify us of any potential errors in writing. You may cali us. but if
`you do we are not requu'ed to Inv
`tigate anyI potential errors and you may
`haI/e to pay the amount in question.
`While we inveetiate whether or not there has been a-
`are true:
`In ~
`I~
`ye
`deniiuueiu oII that uiiiquIL.
`
`. the following
`
`iII
`
`4' White you do no- have to pay the amount in question you arer
`for the remainder of your balance.
`' We can apply arty unpaid amount against yourcredit ii
`'t.
`Your Rights If You Are Dissatisfied With Your Credit Card Purchases
`It you are dissatisfied witti the goods or sen/ices that you have purchased
`with your credit card, and you haI'e tried in good faith to correct the
`problem with the merchant. you may have the rigtit not to pay the remaining
`amourit due on the purchase.
`To use this right, a of the following must be true:
`I. the purchase must have been mad: In your home state orwithin 100
`miles of yo-r current mailing
`and the purchase price must have
`br'r
`'1."
`._
`._
`address,
`I:
`
`CSDOI'ISibiC
`
`P
`
`',
`
`[0.
`III
`.1 I
`.i 'vl ddLU l\ in.
`lf\l\vL
`DO I'tLJi um,
`.:
`any or
`-We may accept payment se-11 to any other address withOLIt' IOSiriF"
`our rights.
`, No payment shali operate as an accor'd and satisfaction without prior
`writteII approval.
`SERVICE Visit comenity.netlacaderrry or call 1877821134509
`(TDD/IiY1BSD819 19h.)
`CUSTOMVER
`TELEPHONE MONITORING. To provide you with highrquality service,
`phone communication witti us is mr.
`red arid/or recorded.
`ADDITIONAL INFORMATION. the 0"0'Nln" designations whon appe(aring
`on the front of your statement mean the IollowiIng: V means variabi e rate
`-'IL 5 rate may venit- WV "\IT "AV [IO " eans WA'VF "\iTL(F'F"T r'A"IflF"T
`
`WI
`It
`
`I,
`
`tr
`
`WISiIFFFH I' [Hue-I
`
`I.
`
`..
`u...q.u.u,pqu
`of the I riteri a above are met and you are .
`1:7.-." r If"...if. r'-
`
`I.I
`
`.
`
`W"
`
`,\.I'
`
`.IIlIr
`
`.»II
`
`ll dissatisfied with the
`f5." Dry-«IA, I')'\ Ch"! 10'"
`I'iI'IIIIiI
`gation. WE Witt [SII yOu Dul'
`
`Send all inquiries to: CUSTOMER SERVICE, PO Box 183003, Columbus, OH
`43218-3003.
`
`m
`
`I rIrrr
`I'Ul
`gr;
`Eta Bank Bankruptcy Department "0 Bo2183043 Columbus D"
`IITIZ'IJuIifi'
`
`,I'
`HOW TO AVOED PAYING INTEREST. YOIJI due date Is at least 25 days after
`the close of each biiiing cycle. We will not charge you in ereston purchases
`ityou pay your entire balanI'; e by the due date each month. We will begin to
`chm"
`II'
`~I'
`or budget ayi'neul UieuII' l Ia: I from [III-5 date Uf puiotiase
`BALANCE COMPUTATION
`calcui ate interest
`
`I
`
`.
`
`1
`
`METHOD.
`
`I for
`
`separaiei
`
`11'
`
`II'
`
`This gives as th
`
`(treating any net
`..y balance.
`
`PII'I'I'IIENTE'; ":
`he payment method you seiecr
`Correct Format. Correct format for different payment methods include:
`hmmimu -L.
`
`mt
`
`.
`
`ciip your payment to the stub Include your account nu:
`tub and do not send any correspondenc e with your payment.
`payments
`"III
`II
`II""II
`"Ii
`IGAAIIIHJII ) -LIJHGLJJVJAUIIVLJLHJ fallIf,
`I'JL'JALJ
`LLV.
`II
`1-888I_I19-191"
`'w
`You can- make paymerits Instore.
`Payfii"nt I'ZIIt/Ifr
`tollrI
`the :tOle CIOSE' S at the IOCati on You make VOUI pa''mel'ttt
`
`.-
`
`..
`
`You should ov
`
`New information
`
`First Name
`
`Title '(ootioriait
`
`Last Name
`StreetAudi:ess
`
`I'm-t No
`
`'3 it'y
`
`account or to
`nsacti on. When we use inforr
`firm from
`IIdraer
`. ILI'Id transfer funds may be
`I Inmi and
`\' "I q: :nwn a: 'hc. ma nay "n: Para: -.c. .In- '7
`I-II'I
`IIiII
`'1"
`
`I.I
`
`I.
`
`r».A!" \IIII. qr.
`
`IIIIIII
`I-I
`
`.ALIA :...
`
`'I t'
`
`"bu-GI».
`
`tn tLu.
`
`In"! 54..-
`
`.. "um."
`
`3000 K
`
`payment with one
`20 Carrol
`1
`
`. 44).}
`CUI'I'I:
`
`E xhibit A
`
`Soc. Sec. tin.
`
`PG Bow
`
`Foreign Mar.- Code
`
`
`
`LOWNDES COUNTY, GEORGIA
`Lowndes County - Magistrate Court
`2023C03590
`6/30/2023 11:12 AM
`Kelley Maslak
`Clerk of Magistrate Court
`Reviewed by: Kayla Farmer
`
`PAGE 3 OF 4
`
`the bad debt will be reported to the three major credit bureaus and our Recovery team will determine the
`appropriate steps, as permitted and available under applicable law, to protect our interests.
`iMPORTANT lNFOHMATiON ABOUT LATE FEE CREDITS
`We may occasionaily provide a credit for the amount, part or all, of a late fee charged to your account. it2
`we do, we wiii charge a tee of up to $41.00 tor any subsequent late payment. in addition, we may reverse
`the credit and repost the charge to your account it you fail to make the minimum payment due on or
`before the due date in the next billing period.
`
`How can you take charge against ID Theft? Visit idtheft.gov to find out.
`
`E xhibit A
`
`
`
`LOWNDES COUNTY, GEORGIA
`Lowndes County - Magistrate Court
`2023C03590
`6/30/2023 11:12 AM
`Kelley Maslak
`Clerk of Magistrate Court
`Reviewed by: Kayla Farmer
`
`17:IOVEIBVd
`
`E xhibit A
`
`
`
`LOWNDES COUNTY, GEORGIA
`Lowndes County - Magistrate Court
`2023C03590
`6/30/2023 11:12 AM
`Kelley Maslak
`Clerk of Magistrate Court
`Reviewed by: Kayla Farmer
`
`EXHIBIT A
`
`BILL OF SALE
`
`Comenity Capital Bank ("Seller"), for value received and pursuant to the terms and
`conditions of that certain Credit Card Account Purchase Agreement dated January 4,
`2021 between Seller and Midland Credit Management, Inc. ("Purchaser"), its successors
`and assigns ("Credit Card Account Purchase Agreement"), hereby assigns effective as of
`the Closing Date of May 26, 2022 all rights, title and interest of Seller in and to those
`certain Accounts described in the Credit Card Account Purchase Agreement and
`Schedule 1 (the "Asset Schedule") attached hereto and made part hereof for all purposes,
`to Purchaser.
`The information contained in the
`Sale File (collectively,
`"Seller's Accounts
`is true and complete as of the File Creation Date.
`Further, all of the
`Information")
`information contained in Seller's Accounts Information (a) constitutes Seller's own
`business records regarding the Accounts and (b) accurately reflects in all material
`respects the information about the Accounts in Seller's possession. All of Seller's
`Accounts Information has been kept in the regular course of Seller's business, and was
`made or compiled at or near the time of the event and recorded by (or from information
`transmitted by) a person (i) with knowledge of the data entered into and maintained in
`Seller's business records, or (ii) who caused the data to be entered into and maintained in
`Seller's business records. All capitalized terms used, but not defined, in this Bill of Sale
`shall have the meanings assigned to such term in the Credit Card Account Purchase
`Agreement.
`
`This Bill of Sale is executed without recourse except as stated in the Credit Card Account
`Purchase Agreement to which this is an Exhibit. No other representation of or warranty of
`title or enforceability is expressed or implied.
`COMENITY CAPITAL BANK
`
`Midland Credit Management, Inc.
`
`By:
`0'
`Date:
`Title: Chief Credit Officer
`
`8/11/2022
`VP of Business Development
`
`By:
`Date:
`Title
`
`E xhibit B
`
`
`
`LOWNDES COUNTY, GEORGIA
`Lowndes County - Magistrate Court
`2023C03590
`6/30/2023 11:12 AM
`Kelley Maslak
`Clerk of Magistrate Court
`Reviewed by: Kayla Farmer
`
`SCHEDULE 1 TO BILL OF SALE
`
`ASSET SCHEDULE
`
`The individual Accounts transferred pursuant to the Credit Card Account Purchase Agreement and
`
`
`
`
`
`
`
`
`
`
`Bill of Sale are described in the electronic file named
`
`
`
`
`MCMG_MF _MAY_2022_DPL_CCB.TXT;MCMG_MF _MA Y_2022_LCS_CCB.TXT delivered by
`
`
`Comenity Capital Bank to Midland Credit Management, Inc. on May 19 2022 and
`
`
`
`summarized in the table immediately below (the "Sale File").
`
`# of Charged-off
`
`Accounts
`
`
`
`Aggregate Unpaid Balance Percent File Creation Date
`
`5/17/2022
`
`E xhibit B
`
`
`
`LOWNDES COUNTY, GEORGIA
`Lowndes County - Magistrate Court
`2023C03590
`6/30/2023 11:12 AM
`Kelley Maslak
`Clerk of Magistrate Court
`Reviewed by: Kayla Farmer
`
`EXHIBIT B
`
`CLOSING STATEMENT
`
`AGREEMENT DATE:
`SELLER:
`PURCHASER:
`
`FILE NUMBER;
`NUMBER OF ACCOUNTS:
`TOTAL UNPAID BALANCE:
`PURCHASE PRICE
`PERCENTAGE:
`PURCHASE PRICE:
`FILE CREATION DATE:
`CLOSING DATE:
`
`WIRING INSTRUCTIONS
`
`January 4, 2021
`COMENITY CAPITAL BANK
`
`Midland Credit Management, Inc.
`MCMG MF MAY 2022 DPL CCB.TXT;
`MCMG MF MAY 2022 LCS CCB.TXT
`
`May 17, 2022
`
`May 26, 2022
`
`E xhibit B
`
`
`
`Field
`Account Number
`Seller Account ID
`First Name
`Last Name
`SSN
`Date of Birth
`Address 1
`City
`State
`Zip
`Open Date
`Last Purchase Date
`Last Purchase Amount
`Last Payment Date
`Last Payment Amount
`Sale Amount
`Charge Off Date
`Charge off Balance
`Post Charge Off Interest
`Post Charge off Fee
`Post Charge off Payments
`Post Charge off Payments and Credits
`Post Charge off Credits
`Affinity
`
`LOWNDES COUNTY, GEORGIA
`Lowndes County - Magistrate Court
`2023C03590
`6/30/2023 11:12 AM
`Kelley Maslak
`Clerk of Magistrate Court
`Reviewed by: Kayla Farmer
`
`0906
`
`Field Data
`
`1099357281
`SHANNON
`CARVER
`XXX-XX-6266
`
`6269 SANDPIPER DR
`VALDOSTA
`GA
`31601
`01/26/2021
`05/27/2021
`$42.36
`09/02/2021
`$60.00
`$682.35
`04/30/2022
`$682.35
`$0.00
`$0.00
`$0.00
`$0.00
`$0.00
`ACADEMY SPORTS + OUTDOORS
`
`Account information provided by Comenity Capital Bank pursuant to the Bill of Sale/Assignment of
`Accounts transferred on or about 05/26/2022 in connection with the sale of accounts from Comenity
`Capital Bank to Midland Credit Management, Inc.
`
`E xhibit B
`
`MCMG_MF_MAY_2022_DPL_CCB.TXT; MCMG_MF_MAY_2022_LCS_CCB.TXT
`
`
