STATE OF CONNECTICUT ciate.
`pane
`SMALL CLAIMS WRIT
`SUPERIOR COURT —Saic¥
`AND NOTICE OF SUIT
`SMALL CLAIMS SESSION Kk
`JD-CV-40 Rev. 7-22
`wwwjud.ct.gov
`C.G.S, §§ 51-18, 51-3459)
`23-12924
`AMENDED
`
`
`
`
`?
`
` g
`.
`.
`This form is available
`in other language(s).
`
`(Seelist on reverse page 7}
`
`2.) Case type code
`1.) Address of Court
`$15
`14 WEST RIVER STREET, MILFORD CT 06460
`3.) Is this claim between a landlord and a tenant?
`4.) If "Yes" to question #3, the rental property is locatedin the following town:
`
`(Select one) [] Yes
`No
`
`
`Name (Last, First, MiddleInitial) and Address of Each Party (Number; Street; P.O. Box; Town; State; Zip;
`
`Name: MIDLAND CREDIT MANAGEMENT, INC.
`.
`[] LLC [[] Partnership
`(Select one)
`
`
`5.) First
`
`plaintiff
`Address: 350 CAMINO DE LA REINA, SUITE 100, SAN DIEGO, CA 92108
`[J Individual [] DBA [y] Corporation
`
`
`Telephone:
`
`Attorney's Juris Number|Telephone number(w/aréa code)
`
`6.) Name, address, and zip code of Attorney for plaintiff(s)
`406548
`860-666-4500
`
`London & London, 48 Christian Lane, Newington, CT 06111
`
`
`
`Name: |EAH KOSTENKO
`(Selectone) [| LLC [_] Partnership
`7.) First
`
`
`Address: 38 Huntington Hts Shelton CT 06484
`defendant
`
`Individual
`[_] DBA ([] Corporation
`
`
`
`E-mail:
`Telephone:
`("] For more than1plaintiff’defendant, attach Continuation of Parties (form JD-CV-57) and select this box.
`8.) If this claim is a consumerdebt, which is a debtor obligation made primarily for personal, family, or household reasons, explain why you
`believe the statute of limitations has not expired.
`This action has been initiated timely based upon the Defendant's last payment and/or purchase on the account
`and/or the account has charged off within the last six years.
`
`Country, if not USA)
`
`
`
`
`
`
`9.) In the last 6 months, how did you verify that the address given for defendant(s) is accurate?
`Select all boxes that apply and provide the dates verified.
`| checked town orcity records (for example, checkingastreetlist or tax records) on: USPS August 22, 2023 (date)
`
`(date)
`[_] | checked with the Departmentof Motor Vehicles on:
`[_] | received correspondence(letters or other mail) from the defendantwith that return address on:
`C4 | received other proof from the defendantthat the address is current (describe details below)
`
`(date)
`
`_ Atleast 4 weeks before this action wasfiled, | sent a letter by first class mail to the defendant at the address used andit has not
`been returned fo me by the United States Postal Service as of: *
`(date)
`10.) Amountclaimed*
`Plus Costs
`[_] Plus pre-judgmentinterest**
`$2,539.17
`[_] Plus double damagesfor security deposit withhela**
`*The Amount claimed cannot exceed $5,000 or $15,000 for a home improvement contract case (S20).
`“ifyou are claiming pre-judgmentinterest or double damages for security deposit withholding, select the box(es). Do not include these
`amounts in box 10.
`
`“You MUSTexplain how much you
`wantfor each item in section 11 below.
`
`To defendant(s):
`11.) You are being sued. Theplaintiff(s) claims you owe this moneyfor the following reasons:
`
`Retail Consumer Debt. See attached “Explanation of Amount Claimed.”
`
`Alyssa Mancini
`Notary Public
`State of Connecticut
`My Commission Expires: 12/31/2025
`
`The person signing below, being duly sworn, states that he or she has read the claim above andthe information contained in this form and,
`to the bestof his or her knowfédge, information and belief, there is good ground to support the claim and the information is true.
`
`
`
`
`
`
`
`
`12.) Signed
`Type in nameof personsigningatleft andtitle, if applicable]
`For Court Use Only (Date/Stamp)
`
`
`Toby J. Rhinesmith, Attorney for the Plaintiff
`
`
`
`Date
`
`Subscribed and
`
`
`
`August 23, 2023
`sworn to before me on
`
`
`
`ADA NOTICE
`
`
`The Judicial Branch of the State of Connecticut compties with the Americans with
`Docket Number
`Disabilities Act (ADA). If you need a reasonable accommodation in accordance with the
`
`
`ADA, contact a court clerk or an ADA contact personlisted at www.jud.ct.gov/ADA.
`
`
`
`
`
`UWY-CV-23-6072343-S
`
`MIDLAND CREDIT MANAGEMENT,INC.
`
`VS.
`
`LEAH KOSTENKO
`
`‘
`
`;
`;
`
`:
`
`:
`
`SUPERIOR COURT
`
`JUDICIAL DISTRICT OF
`ANSONIA/MILFORD
`
`AT MILFORD
`
`AUGUST23, 2023
`
`Explanation of Amount Claimed
`
`ss. Newington
`
`}}
`
`}
`
`STATE OF CONNECTICUT
`
`COUNTY OF HARTFORD
`
`The Plaintiff has acquired the Defendant's COMENITY BANK account, currently
`
`identified under account number **************Q577, The Defendant used the credit issued
`
`under the account. The Plaintiff and/or its predecessor(s)-in-interest, provided the
`Defendantperiodic account statements setting forth the balance due, which statements the
`Defendant received and held without raising any timely objection. The account has
`become delinquent and despite demand, the charge-off balance of $2,539.17 remains due
`and owing to the Plaintiff as evidenced by the attached Affidavit of Debt, Chain of Title
`documents, and Account Documents. Plaintiff seeks judgment for the claimed amount and
`
`costs of action. The Plaintiff further moves that an Order for nominal weekly payments be
`
`entered and that Post-Judgment Statutory Interest be also granted in accordance with
`
`Connecticut General Statutes Sections 52-356d(c) and 37-3a.
`
`Dated at Newington, Connecticut, this the 237 day>
`
`Toby J. Rhinesmith
`Attorney for the Plaintiff
`inquiriles@londonandiondon.com
`
`Subscribed and sworn to before
`me on this the 23° day of August, 2023.
`
` Alyssa Mancini
`
`Notary Public
`State of Connecticut
`My Commission Expires: 12/31/2025
`23-12924
`
`London & London e Attorneys at Law
`48 Christian Lane @ Newington, CT 06111 © (860) 666-4500 e JURIS No. 406548
`
`
`
`
`
`
`INSTRUCTIONS TO DEFENDANT
`(NOTICE TO PERSON BEING SUED)
`JD-CV-121 Rev. 2-18
`
`STATE OF CONNECTICUT &
`SUPERIOR COURT |
`
`www.jud.ct.gov
`
`Please read the instructions carefully.
`For more information, get a capy of How Small Claims Court Works (form JDP-CV-48) from a Clerk's Office, Court
`Service Center or on the Judicial Branch website, at www.jud.ct.gov/publications/CV045.
`You mayalso find information on the Smail Claims Frequently Asked Questions page on the Judicial Branch website at
`www.jud.ct.gov/faq/smaliclaims.html or by contacting the clerk's office or a Court Service Center.
`
`What is the Small Claims Writ and Notice of Suit (form JD-CV-40) that | have received?
`The person suing you (called the plaintiff} has delivered to you (served on you) a copy of the Smaif Claims Writ and
`Notice of Suit (form JD-CV-40) and any documents related to your case. The Small Claims Writ and Notice of Suit
`contains the plaintiff's complaint, which explains how much moneytheplaintiff claims you owe them and the reasons
`why the they think you owe them.
`
`How do | defend my case?
`In order to respond to the plaintiff's complaint, you must complete an Answer form and return it to court. The court will
`send you an Answerform. The Answerform will tell you the court house where you must return the form and the
`date by which you mustreturn it.
`You should receive an Answer form within six (6) weeks, butif you do not, call the clerk's office to ask why you have
`not received it yet. Do not file a responseuntil you receive an Answer form.
`The Answer form contains an Answer section, where you respond to the plaintiff's claims, and a Counterclaim section,
`where you can make claims against the plaintiff. The Answer section must be completed. It is up to you whether you
`complete the Counterclaim. There /s a fee forfiling a counterclaim, which is discussed below.
`
`How dol! respond to theplaintiff's claims? - Filing an Answer
`The Answeris your chance to respond or reply to the plaintiff's claim. You may admit or denyall or part of the plaintiff's
`claim. Your Answer should be specific, but brief. Complete the form and sign it. Keep a copy for yourself and send a
`copy to each attorney or other representative of the plaintiff or, if the plaintiff is representing themselves, send a copy
`to the plaintiff. If you are notfiling a Counterclaim, send the original Answer form to the court at the addresslisted on
`the form by mail, fax or hand delivery. The court must receive your Answer form on or before the AnswerDate.If
`you arefiling a Counterclaim, see the discussion on Counterclaims, below.
`
`Whatif I know | owethe plaintiff some money?
`if you know you owetheplaintiff something, but do not agree on the amountin the claim or are not sure how much you
`owe, you should file an Answer. This gives you a chance to come to court for a hearing (also called a trial) to question
`how the plaintiff added up the amountclaim or to say why you think the amount should bedifferent.
`
`Whatif | admit that | owe the plaintiff all of the money they are asking for but want time to pay?
`if you are sure that you owe the entire amount claimed by the plaintiff but want or need more time to pay, you may say
`this on the Answer form and file it with the court. You may ask for a period of time during which you can make
`payments in an amountthat you suggest. If you ask for more time, but do not ask for a specific time period or amount,
`the court will enter a judgment with an order of payments of $35 each week until the judgmentis paid. If you ask to pay
`less than $35 per week, and the plaintiff does not agree, a hearing will be scheduled. A judgment against a business
`and a judgmentagainst a landlord for return of a security deposit will be ordered to be paid in a lump sum.
`
`Whatif | pay the full amount plus costs, if any, before the Answer Date?
`if you pay the plaintiff, plaintiff's representative, or plaintiff's attorney the full amountof the claim plus costs, if any,
`before the Answer Date, you should say that on the Answer form andfile it with the court.
`Do not send payment(s) to the Court.
`
`Whatshould|do if the plaintiff owes me money? - Filing a Counterclaim
`If you claim that the plaintiff owes you money, you may wish fo file a Counterclaim. First, you should complete the
`Answerportion of the Answer form, Then you may complete the Counterclaim section of the Answerform. In that
`section, explain why you think the plaintiff owes you money and how much moneyyouclaim the plaintiff owes you.
`When you have completed the form, sign it. Keep a copy for yourself and send a copy to each attorney or other
`representative of theplaintiff or, if the plaintiff is representing themselves, send a copy to the plaintiff. Send the original
`Answerform to the court at the addresslisted on the form by mail or hand delivery along withafiling fee of $95. The
`court must receive your answer form on or before the answer date. You cannot fax a Counterclaim andits
`filing fee to the court.
`
`
`
`What happens if | do not file an Answer?
`If you do notfile an Answerin writing with the court, a money judgment may be entered against you. This is called a
`default judgment. After the Answer Date has passed, your case will be reviewed by a Magistrate, who will decide
`whethera judgment should enter without a hearingorif a hearing must be scheduled. The Magistrate may award the
`plaintiff the full amountof their claim, plus court costs.
`
`What happensif] file an Answer? Will | have a trial?
`lf you file an Answer, the Court will schedule a hearing (also called a trial), if one is required. The court will send you
`a notice letting you know exactly when and where your casewill be heard. Do not cometo court for a hearing
`on the Answer Date listed on the Answer form. Cases are scheduled for hearing as quickly as possible.
`
`What happensif | file a Counterclaim? Will | have a trial?
`If you file a Counterclaim with your Answer, a notice will be sent to you and the plaintiff letting everyone know that a
`Counterclaim has beenfiled and telling the plaintiff when they mustfile their Answer to the Counterclaim. After the
`Counterclaim Answer Date has passed, the court will schedule a hearing (also caliedatrial), if one is required. The
`court will send you a notice letting you know exactly when and where your casewill be heard. Do not cometo
`court fora hearing on the Answer Date listed on the Answer form. Cases are scheduled for hearing as quickly as
`possible.
`
`What do | need to bring to Court for my hearing (trial)?
`On the day of your hearing, you should bring all of your witnesses and any evidence you have. This mayincludebills,
`invoices, checks, damage estimates, pictures or other documents. Evidence may also include any defective or
`damaged goods that can be brought safely and easily into the court. Be prepared and organized so that you can
`present your complete case. A small claims judgment cannot be appealed.
`
`
`
`ADA NOTICE
`of
`the State
`Judicial Branch
`of
`The
`Connecticut complies with the Americans with
`Disabilities Act
`(ADA).
`If you meed
`a
`reasonable accommodation tn accordance
`with the ADA, contact a court clerk or an ADA
`
`contact personlisted at www.jud.cf.gov/ADA.
`
`
`
`UWY-CV-23-6072343-S
`
`MIDLAND CREDIT MANAGEMENT,INC.
`
`VS.
`
`LEAH KOSTENKO
`
`:
`
`;
`
`:
`
`:
`
`SUPERIOR COURT
`
`JUDICIAL DISTRICT OF
`ANSONIA/MILFORD
`
`AT MILFORD
`
`AUGUST23, 2023
`
`ACCOMPANYING DOCUMENTATION ATTACHED
`
`
`
`
`
`Military Affidavit and DMDC Printout
`
`Affidavit of Debt
`
`Chain of Title Documents
`
`Credit Card Billing Statement(s)
`
`Charge-Off Date:
`
`November30, 2021
`
`Case Summary
`
`Suit Amount:
`
`Filing Fee:
`
`Service Fee:
`
`23-12924
`
`$2,539.17
`
`$95.00
`
`$7.60
`
`London & London e Attorneys at Law
`48 Christian Lane # Newington, CT 06111 © (860) 666-4500 e JURIS No, 406548
`
`
`
`STATE OF CONNECTICUT
`
`MIDLAND CREDIT MANAGEMENT,INC,
`Plaintiff
`|
`
`“VS-
`
`.
`
`AFFIDAVIT OF DONNA JARVE
`
`LEAH KOSTENKO,
`
`Defendant(s).
`
`Donna Jarve, whose business address is 16 McLeland Road Suite 101, St. Cloud, MN
`
`$6303, certifies and says;
`
`1.
`
`Tam employed as a Legal Specialist and have access to pertinent records for
`
`Midland Credit Management, Inc. ("Plaintiff' or "MCM"). I am a competent person over
`
`eighteen years of age, and makethe statements herein based upon personal knowledge
`
`of those account records maintained by Plaintiff. Plaintiff is the current owner of, and
`
`was assignedall the rights, title and intcrest to Defendant's COMENITY BANKaccount
`
`XXXAXKXKXXXXKXXK0577 (hereinafter "the Account"),
`2.
`have access to and have reviewed the electronic records pertaining to the Account
`maintained by MCM and am authorized to makethis affidavit onMCM'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 purchaseor 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 tothis affidavit,
`
`3.
`
`Jam familiar with and trained on the manner and method by which MCMcreates
`
`and maintains its business records pertaining to the Account, which consistof (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 businessfor a person with knowledge
`
`of the subsequentcollection and/or servicing activities recorded, and a business duty to report,
`
`AFFIDAVIT OF DONNA JARVE - 5
`
`QA LAUREA UCDLUMNO
`
`31615974
`RECATTACH
`6
`AFF
`23-12924
`
`
`to make the record or data compilation, or to transmit information thereof to be includedin
`
`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
`
`subsequentcollection activities is made at or near the time of the act or event by MCM as a
`
`regular practice.
`
`4.
`
`The accuracy of such recordsis relied uponby Plaintiff in collecting this Account. These
`
`records are trustworthy and relied upon because the original creditor was required to keep
`
`careful records of the Accountat issue in this case as required by law and/or suffer business
`
`loss.
`5. MCM's records show that this action is based upon a credit agreement between
`Defendant(s) and the original creditor. MCM's records further show that Defendant(s) used or
`
`authorized the use of the credit Account but failed to make the payments due pursuantto the
`
`agreement.
`
`6.|MCM's records show that the Account was opened on 2019-03-29 and charged off on
`
`2021-1] ]-30 with a balance of $2,539.17. On or about 2021-12-22, Plaintiff purchased and
`
`was assigned the balance owed by Defendant of $2,539.17. As of 2023-06-13, MCM's records
`
`show that the balance of $2,539.17 remains due and owing and nointerest has been assessed
`
`to the Account. Therefore, Plaintiff seeks the amount of $2,539.17 from Defendant. All credits
`
`and offsets for payments have been appliedto the balance.
`
`7.|MCM's records showsthat the last payment posted to the Account on 2021-03-30.
`
`8.
`
`The complete chainoftitle including COMENITY BANK,theorigina] creditor, and all
`
`post-charge-off purchasers/assignees of the debt are as follows:
`
`1.
`
`2021-12-22 COMENITY BANK
`
`ONE RIGHTER PARKWAY,SUITE
`
`100,WILMINGTON,DE,19803
`
`2.
`
`Midland Credit Management, 350 CAMINO DE LA REINA,SUITE
`
`Inc.
`
`100,SAN DIEGO,CA,92108
`
`9.
`
`Attached hereto are the following records regarding the Account:
`
`AFFIDAVIT OF DONNA JARVE - 2
`
`OEE VONGA0NCENERO
`|
`FFRE
`AFFRECATTA
`
`316159746
`
`CH
`
`AERGLU
`
`23-12924
`
`
`
`Exhibit A.
`
`Statement(s) (including statement(s) reflecting the charge-off balance, and
`
`recording the last purchase transaction, service billed, payment, or balance
`
`transfer) and an additional statement sent to Defendant(s) while the Account
`
`was active, which shows the Defendant's name and address
`
`Exhibit B.
`
`Bill(s) of Sale, Assignmentand/or Affidavit(s} of Sale
`
`Exhibit C.
`
`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 assignmentof the Accountto Plaintiff.
`
`10.
`
`The documents attached hereto are true and correct copies ofthe 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 rules, and applicable state and federal Jaw.
`
`11.
`
`If called to testify as a witness thereon, I could and would competentlytestify as to all
`
`the facts. stated herein.
`
`LEFT BLANK INTENTIONALLY
`
`_ AFFIDAVIT OF DONNA JARVE - 3
`
`AOA ULEATEN Oea
`316159746
`AFFRECATTACH
`23-
`12924
`
`
`
`I certify under penalty of perjury that the foregoing statements are true and correct.
`
`JUN 2 2 2823
`
`ate
`
`STATE OF MINNESOTA
`
`COUNTY OF STEARNS
`
`DonnaJarve
`
`Signed and sworn to (or affirmed) before me on
`by Donna Jarve.
`
`JUN 2 2 2023
`
`
`
`#
`MARGARET MWATZKE
`NOTARY PUBLIC
`
`
`pao
`MINNESOTA
`S$ Be y
`Commission Expires Jan, 34, 2025 3
`
`
`CT]
`
`AFFIDAVIT OF DONNA JARVE- 4
`
`EOTRE
`316159746
`
`KOONERYAAU UNCEDOT
`AFFRECATTACH
`23-12924
`
`
`
`Summary of account activ
`Account no.
`-
`
`wet0577
`
`Payment information
`New balance
`Minimum paymant due
`Payment due date
`
`net rh eetyeTeHNESS4LEBLENEM freeecnereee
`PAGE 1 OF 4
`
`$2,539.17
`$832,00
`12/10/2021
`
`$2,444.22
`Previous balance
`0.09
`Paymams
`0.00
`Othereredite
`Late payment warning:
`If we do not raceive your minimum payment by 12/10/2021 you may
`9,00
`Purchases
`0.09
`Other debits
`havead Payup to.aS40.00latefee.
`40.00
`Fees charged
`Minimum payment warning: ifyoumake only the wrinitnam.
`54.95
`Interest changed
`payment for each period, you will pay more if intarest and {t willtake
`$2,539.17
`New balanee
`you longerto pay off your balances. For example:
`$42.00
`Pasi dye amount
`If you make no additicnal§|You will pay off And yeu will
`
`charges using this card
`the balance chown end up paying an,
`Credit Iimti
`$2,000.00
`on the otatemant
`estimated total
`and cach month you pay:
`Available cradit
`$0.00
`Statementclosing date
`41/14/2021
`Days in billing cycia
`30
`
`In about:
`
`For information regarding credit counseling services,
`call 1-800-284-1708.
`
`|Skip signing in pay.and use Comenity'sEasyPay. It's safe and sonventent. Use yourSmartphone camera or code reader ta sean the OR edde printed onyour payment stubbelow to get started.
` Details ol your transactions
` Fees
`11/10/2021
`LATE FEE
`40,00
`Total fees charged for this period
`§40,00
`
`Interest charged
`‘Interest charge on purchases.
`Total interest far this period
`
`2021 totals year to date
`Total tees charged In 2021
`
`Total interest charged in 2021
`
`$54.95
`$54.95
`
`Ploase fogr at perforation above
`
` Interest charge calculation
`Your Annyal Percentage Rate (APR)is the annualinterest rate on your account, Sas BALANCE COMPUTATION METHOD
`on page 2 tor more delaits, Minimum intaresi charga may exceed inlaresi charge balow, per your credit card agreement.
`TYPE OF
`OALANCE SUBYECT
`INTEREST
`BALANCE
`APA
`TO INTEAEST RATE
`CHARGE
`26,8900% (¥}
`2,212.59
`43,08
`Purchases prior to 63/31/2021
`Purchases
`.
`28.8900% iv)
`264,69
`5.07
` Additional important messages.
`Important Reminder: {f you make a purchase with this credil card using ea promotional plan, the
`promotional pian expiration date and payment due date may bedifferent, This meansthatil you have any
`remaining promotional plan balance after the promotional plan expiration date, the balance and any
`accrued interest (if applicable), will move to your regular revalving plan on the next billing statament.
`(CONTINUED)
` Account
`
`umber
`oneeore20m.577
`Now balance
`, Minimum payment
`$2,538.17
`$632.00
`994
`Mailed payments musi seach us by 6pm ET
`Yes, thave moved or updated my
`Amount=on 1240/2021,
`enclosed:
`e-mail address - see feverse.
`
`&
`
`Woof,
`
`wayfaircaro
`
`
`
`
`
`Hype gag ag hed EAL aaaL deed ge eegl gee] egy tase
`LEAH KOSTENKO
`202 HILLSIDE AVE
`NAUGATUCK CT 06770-4031
`
`Ptease make check payable to:
`COMENITY - Wayfair
`Pieese return this portion atong with your payment io:
`PO BOX 650968
`DALLAS TX 75265-0968
`
`ofaLt tea fo dl ghee fg peerte allt
`
`4480L010
`
`o000Rbea i: Oo000b3200 oones34L7
`
`EXHIBIT A
`
`
`
`
`
`portion for your reconds.
`Keep this
`What Ta Do {f You Think You Find A Mistake On Your Statement
`U you think [hese is an error on your statemen|, wrile to u3 at: Comenily
`Bank 70 Box 162782, Coluinbus, OH 43218-2762.
`In your letter,give us the lolfowing infonnatiom
`® Accovnl information: Your name and gecount number,
`© Poller amaual: [he dollar srnownt of the suspected error.
`® Description af Problem: 1 you think thera is an error on yourbill,
`Saseribe what you believe is rong anu why you believe il is a mistake.
`You must conlac! ya within 60 days alter [he crror appeared on your
`staternent. You musi notify us of any potential eners in writing, You may
`call us, bulif you du we are nal raquited (a invastigale any polential errors
`and yon may have te pay the amounl in question.
`White wa investigate wholheror not (her hag been en error, the folfowing
`are \rue:
`© We vacnui Uy lo rullect the amount in question, of reporl you 23
`dclingvent on that arnounl.
`Tue charge in queslion may remaln on your stalemant, aad we may
`continu(o charge yuu interes! on that amouni. Gul,if we determing Ihal
`we made a misiake, you wilf nol have lo pay the anuunl In question or
`any inerest or elher fecs cclaled Ww thal amount.
`* While you do nol have (o pay Ihe amount in question, you are respansibic
`for the remainder of your balance,
`© We canapply ony unpaid anoual against your eredil dimil,
`Your Righis f You Are Dissatistied With Your Credit Card Purchases
`Il you ere dissalislied wilh Ihe poods or services that yuu havo purchased
`with your credil cerd, and you have Inied'in good Taith fo correc the
`probiees with the merchant, you may have [he right nol tp pay the remaining
`ammount due on the purchase,
`To use this right, all of the following must be [rue:
`1. The purchase must have been made in your home state or wilhin 100
`miles of your curren) mailing address, and
`Ihe purchase price must have
`been mere than $60. (Note: Neilher of these is necessary if your purchuse
`was based on an advertisem*nt! we mailoy lo you, uf if we own the company
`Uhal soid you Ihe goods or services.)
`2. You musi have used your credil card for jhe purchase. Purchases nave
`with ¢ash advances [rom an ATM of wilh a check thal accesses your crecil
`card account do no: qualify.
`3, You must ov! yet have fully paid for ihe purchase.
`Wi vil of the criteria above are mel and you are still dissatisfied with the
`vehass, conlact us in wring at: Comenily Bank PO Box 182782,
`Mumbus, OH 13218-2782,
`Whit we Irvestigete, the seme ules apply to the dispulord aiount as
`discusecd above, Atter we finish our investigation, we «ill tell you our
`deelsion. At that poant, il we think you owe an amaumt and you do no! pay
`WU May repurt you as datinguent.
`HOW TO AVOID PAYING INTEREST. Your duc date is at least 25 days ater
`the efose of each billing cycle. We will nol charge yuu interest on purchascs
`if you pey your ellire balance hy Jhe duc date cach month, We will begin to
`charge interns! en new purchases nade under a Low APT, Equa! Payrnent
`of Budget Payment Crodil Plan frome Ihe dala of purchase.
`BALANCE COMPUTATION METHOD, We calculate Interest separately lor
`gach lyps of balence on your account using a “Daily Balance” to determina
`interest charges for cachbilling period, We ligura (he iatevest charge on
`your accounl Ly appiying the pevivdic rate ly the “daily balance" of your
`wceuunt for ageh day in the billing cycle. To get the “daily balence” we
`take the beginning balance of your account each day, add any new
`puchascs ard tes, enuf subtract any payments of credits (eating any nel
`crerfit halance as a zero balance), This gives us the daily balance,
`©
`
`
`CREDIT REPORTING. We may report information about your account [o
`credit bureaus, Late payments, inissed payments, of other defaults an your
`aceon may be rellected in your eredil repart,
`NOTICE OF CREDIT REPORT DISPUTES
`if you bulievr the account! information we reported lo a consumer reporting
`agency is inaccurate, you may submit a direct dispute lo Conienily Bank PO
`Bux 182789, Columbus, OH 43218-7789, Your wrilicn dispulé must
`provide sullicient infonnation lo ideniily Ihe accaual and specify why LIne
`information [s inaccurale:
`'
`* Account Information; Your maine ond etcounl aymber
`= Contact Information: Your address and lelephena number
`* Disputed Information:
`Ideniify the account inlormalion disauted and
`explain why you betieve if is insecurale
`Supporting Decumentation: Lf-avallable, pravide a copy of the section of
`fhe credil repard showing Ihe account inlormation you ave disputing
`We will investinate the disputed information and report the resulls to you
`within 30 cays of receipt of the information needed for our investigation, If
`wa flnd thai the account information we reported 1s inaccurale, we will
`promptly provide the necessary correction lo each cunsamer teparting
`apancy to whiehsaz reporied the infarmation.
`PAYMENTS MARKED "PAID IN FULL". All vailtan cominuricatiors
`regarding disputed amounts thal include any check of giher payrnent
`instrument marked with “payrient in full” or sinitar fenguage, causl be sent
`la: 3000 Kellway Drive, Suite 120 Carraltton, TX 75006,
`DO NOT USE THE ENCLOSED REMITTANCE ENVELOPE.
`- We may accep! payment seni in any olhar address withaul losing any of
`our sights.
`+ No payment shall operale as an aecovd and salislaction without price
`writki rt apna oval,
`CUSTOMER SERVICE. Visil comenity.netfmsytaizeard or call
`1-44-27) 2567 (TODATTY 1-200-695-1788).
`TELEPHONE MONITORING, To provide you wilh high-quafily service,
`phene communication with us is moniloradt andéer recerdcd.
`ADDITIONAL INFORMATION. Tha followiry: designations, when aypaaring
`on the troal of yout slatermant, mean Lhe following: ¥ nvens variate rate
`{lhis rate may vary); WV INT PAY RQ ineans WAIVE INTEREST, PAYMENT
`REQUIRED; W¥ INT EO FY maans WAIVE INSEREST, EQUAL PAYMENT; WY
`INT LOW PMT means WAIVE INTEREST, LOW PAYMENT: OF INT PY 80
`nigans OEFER INTEREST, PAYMENT REQUIRED; DEF INT EQ PY means
`DEFER INTERESI, EQUAL PAYMENT, DF INT LOW PMT means OCFER
`INTEREST, LOW PAYMENT und LOW APR EQ PAY means {OW APR, FQUAL
`PAYMENT, Uf you have 8 variable rale account, your paclodic rales may vary.
`You may pay all of your Account balance ai any time withoal penalty.
`Send all inquiries to; CUSTOMER SERVICE, PO Box 182273, Columbus, OH
`43218-2273.
`Sond all bankruptcy notices and related conespondence to Comenity Bank,
`Bankruptcy Department, PO Hox 182125, Columbus, OH 43218-2125,
`NOTICE ABOUT ELECTRONIC CKECK CONVERSION, When you provide a
`chack as payment, you outhorize us either to use informution fram yeas
`chuck lo cake @ ona-lime clectronic tund lrenstee from your account or lo
`process Ihe payment es 3 check lransaction. When we use infosimetion (rom
`your chack lo inake en yloctrnis fund transter, funds may be wilhdrawn
`front yout accounl as soon as he sate dey we feeeive your payment, and
`you will not recoiva your chavk byck Trym your linaneial institution.
`
`
`
`IT we do fel ecceive your paymentin a corcael format (outlined below] it
`PAYMENTS.Pay your Accoun|by Ihe payment dun dale by the time fisted baow,
`inay nol be eredised Ie your Accountfor up te five days, or may he sefected. Also, your payment must reach Us by the payment cutofl tine thal applies to
`(he paymen} malhod you select.
`Cornec! Format. Coreed format [pe differant payment methods ineluda:
`Mailing or Ovesnight: Send a personal check, money order, traveler's cheek or cashier's chock payabtn in U.S. dotlars, lo Ibe naira and address shown on
`this Stalement ta te: paymant stub area containing your balance and minimum paysnent aounl. Be sure ty include your paymen! stub, da nal staple or
`clip your paymentto the slub, include your s¢caunt eumber an your check, usc the envelope provided with you Slaleinent, send one payment wilt one
`ymentstub and vu pl send any cofrespondence with your payment, You should overnight a paymenl to 3000 Kellway Drive, Suile 170 Carrollton, TX
`Geous and [he addilonatforme! requirements ara the same as other mailed payinents unless Ihefe sa dispute, in which case you Jollew tha Paysunls,
`Marked "Paid In Fu.section above. Cu nol sand cash or gull vertilicutes, Pay By Phone: You cancall usloll tree al 1 844-271 256? (TO:
`. which may in¢lude a fog, Qnlins: You can make a payment online al comenity.netwayfaircard,
`p80695-1788) lu ingke & payment by lela;
`tall
`yment Culolt Times, Payment cutoff times/dzedlines far yslo receive payments are by Lhe duc dale on this Statementin the payment stub ares al (he
`wring Vimessfalting and Overnight: By 6:00 pm Eastern Tine (C1); Pay By Phone: By 6-00 pm(ET); Online: By 6:00 pam(FT),
`Mew lnformation
`
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`Last Name.
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`
`
`PAGE 3 OF 4
`
`Additional Important messages - continued
`How to avold or minimize interest charges: Be sure to pay any promotional plan balance in full on
`or before the plan expiration date shown in the “Catails of your plans” section of your statement. Please
`also keep an eye out for notifications of ven your promotional plan(s) are nearing thelr expiration
`date—you'll saa them in the red box on page 1 of your statement. If you have questions, pleasecall us
`toll-free at 1-844-271-2567 (TOD/TTY:1-800-695-1 788). To !aam more about how promotional plans work,
`visit comenity.comvfinancia!-education. We're always happy to help.
`
`IMMEDIATE ATTENTION REQUIRED! Your Account ls extremaly past due and will be wrilten off as a
`bad debt at the end of this month. To avoid this, you can pay tha Minimum amount shown on this
`statement befora the end of this month. If you are not able to pay the Minimum Payment amount, we will
`Still be able to asgist you and prevent your account from being written off. Call us at 1-855-617-8089
`(TBD/TTY 1-800-695-1789) and wewill find a suitable payment betore the end of this month. If written off,
`the bad debt will be reported to the three major credit bureaus and our Recovery team will determine the
`appropriate sleps, as permitted and avellable under applicable law, to protect our interests,
`
`Your credit card account is closed. A monthly billing statement will be sent until the balance is paid in full.
`You do not have any available credit due to your account being cksed.
`
`Affected by COVID-19?7 Comenity Bank Offers Support
`As the bank that manages your credit card, our hearts go out to those affected by the coronavirus
`(COVID-19) pandemic.
`The support we're extending to you.If you're experiencing {Inanclal hardship beca
