Complaint/Equivalent Pleading Filed - 24-148533 COMPMCM August 26, 2024 (2024)

 
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 76C01-2408-CC-000554 Filed: 8/26/2024 10:02 AM ClerkSTATE OF INDIANA Steuben Circuit StEUBEN CIRCUIT COURT Steuben County, Indiana ) ss:COUNTY OF STEUBEN ) Case Number: )MIDLAND CREDIT MANAGEMENT, INC. ) Plaintiffv.CHRISHON KNAUSS Defendant COMPLAINT Plaintiff, MIDLAND CREDIT MANAGEMENT, INC., by counsel, sues Defendant,CHRISHON KNAUSS , under Account Stated and in support thereof states: 1 Plaintiff is authorized to file this Complaint in this Court. Plaintiff owns portfolios ofconsumer receivables, which it attempts to collect. Plaintiff strives to treat its consumers, such asDefendant, with respect, compassion and integrity, hoping to provide mutually-beneficial opportunitiesfor consumers to repay their debts and attain financial recovery. 2 Defendant is subject to this Court's jurisdiction. 3 Defendant established an account with COMENITY CAPITAL BANK, under redactedaccount number XXXXXXXXXXXXX-7497. 4 Defendant was provided statements delineating Defendants use of the account and statingthe current balance due. 5 Defendant defaulted on the account. 6. A statement of account balance was sent to Defendant and not paid. 7 Plaintiff has acquired all right, title and interest to Defendant's account, and hasattempted to contact Defendant through several means in an effort to resolve the account with Defendant,but has been unsuccessful. Defendant has not repaid the balance owed on the account. Plaintiff remainswilling to discuss various options to resolve the outstanding obligation, although the options may bedifferent than they were prior to the initiation of litigation. 8 Defendant owes Plaintiff $10,128.56. 9 In support of the allegations, Plaintiff incorporates herein by reference the attachedExhibits.GL_0100G File No.: 24-148533 SCPThe undersigned certifies that this and any attached document complies with the requirements ofTrial Rule 5(G) with regard to information excluded from the public record under AdministrativeRule 9(G). WHEREFORE, Plaintiff requests judgment against the Defendant for $10,128.56 and costs of theaction and post judgment interest at the statutory rate. ¢ ’ n F, Gillespie mn JOHN F. GILLESPIE Bar No. 31983-49 JASON E. TAYLOR Bar No. 30160-22 Attorneys for Plaintiff P.O. BOX 70069 LOUISVILLE, KY 40270-0069 Phone: (866) 300-8750 Fax: (855) 488-1523 E mail: IL_IN@mcmcg.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_0100G File No.: 24-148533 SCPAFFIDAVIT OF DEBTComes now affiant, and states:I, Melanie Rosenberger, am of adult age and am an employee of Midland Credit Management, Inc. ("Plaintiff"or "MCM"), and am fully authorized by Plaintiffto make the following representations. [am familiar with therecordkeeping practices of Plaintiff. The following representations are true according to documents kept in thenormal course of business and/or my personal knowledge.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 andrecords acquired from the seller or assignor when MCM purchased or was assigned the account, which wereincorporated into MCM's business records upon purchase or assignment, and (ii) data and records generated byMCM in connection with servicing the account since the date the account was purchased by or was assigned toMCM. In addition, I reviewed the documents that are attached to this affidavit. 1) The Plaintiff has obtained this debt from COMENITY CAPITAL BANK and the original creditor of this debt was COMENITY CAPITAL BANK. Evidence of the debt, as required in Rule 9.2(A) (2), is attached as one or more Exhibits to this Affidavit. 2) CHRISHON KNAUSS, Defendant, had an account balance of $10,128.56 as of 2024-06-24, which is owed to Plaintiffon account XXXXXXXXXXXXXX7497 (hereinafter "the Account"). 3) MCM's records show that the Account was opened on 2017-11-24 and the last payment posted to the Account on 2023-05-03 in the amount of $100.00. MCM's records show that the Defendant defaulted on the Account on or after 2023-05-04 and the Account was charged off on 2023-10-31. 4) The type of account is: Credit card account (e.g. Visa, MasterCard, Department Store). Company issuing credit card: COMENITY CAPITAL BANK [Z) other: 5) The account balance includes: MCM's records show that there are no late fees after 2023-11-22. Interest at a rate of 0% beginning on 2023-10-31. 6) The Plaintiffis not seeking attorney's fees. 7) 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, sce the definition of “military service” in the Servicemembers Civil Relief Act, as amended, 50 U.S.C.A. Appx. $521.) AFFIDAVIT OF MELANIE ROSENBERGER - |ICA ECONO HUCMCOVONTOENO ECATTAC 24-148539) As set forth in the records attached hereto, the complete chain of title including COMENITY CAPITAL BANK, the original creditor, and all post-charge-off purchasers/assignees ofthe debt are as follows: 1 COMENITY CAPITAL BANK 2023-11-22 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 ©) 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. 1) The documents attached hereto are true and correct copies of the originals, being a reproduction of Plaintiffs 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 law. I swear or affirm under the penalties of perjury that the foregoing representations are true. AUG 07 2024 Date Melanie senberger CA137 AFFIDAVIT OF MELANIE ROSENBERGER - 2IONOOCER GOON Ml Uc OAL EE AFFRECATTAC!EXHIBITA | BILL OF SALEComenity Capital Bank (“Seller”), for value received and pursuant to the terms andconditions of that certain Credit Card Account Purchase Agreement dated October 25,2019 between Seller and Midland Credit Management, Inc, (“Purchaser”), its successorsand assigns (“Credit Card Account Purchase Agreement”), hereby assigns effective as ofthe Closing Date of November 22, 2023 all rights, title and interest of Seller in and tothose certain Accounts described in the Credit Card Account Purchase Agreementand Schedule | (the “Asset Schedule”) attached hereto and made part hereof for allpurposes, to Purchaser.The information contained in the Sale File (collectively, “Seller's AccountsInformation”) is true and complete as of the File Creation Date. Further, all of theinformation contained in Seller’s Accounts Information (a) constitutes Seller’s ownbusiness records regarding the Accounts and (b) accurately reflects in all materialrespects the information about the Accounts in Seller’s possession. All of Seller’sAccounts Information has been kept in the regular course of Seller’s business, and wasmade or compiled at or near the time of the event and recorded by (or from informationtransmitted by) a person (i) with knowledge of the data entered into and maintained inSeller’s business records, or (ii) who caused the data to be entered into and maintained inSeller’s business records. All capitalized terms used, but not defined, in this Bill of Saleshall have the meanings assigned to such term in the Credit Card Account PurchaseAgreement. COMENITY CAPITAL BANK a 6 nn ee rr eeeThis Bill of Sale is executed without recourse except as stated in the Credit Card AccountPurchase Agreement to which this is an Exhibit. No other representation of or warranty oftitle or enforceability is expressed or implied. COMENITY CAPITAL BANK Midland Credit Management, Inc. Anable Aye By: & By: Date: 2/28/2024 Date: _/2/ 20/20, Title MVP, Business Development Title: Chief Credit OfficerSCHEDULE 1 TO BILL OF SALE ASSET SCHEDULEThe individual Accounts transferred pursuant to the Credit Card Account Purchase Agreement andBill of Sale are described in the electronic file namedMCMG_CB_NOV_2023_DPL_CCB.TXT;MCMG_CB_NOV_2023_LCS_CCB.TXT anddelivered by Comenity Capital Bank’ to Midland Credit Management, Inc. on November16, 2023 and summarized in the table immediately below (the “Sale File”). # of Charged-off Aggregate Unpaid Balance Percent File Creation Date Accounts “ nnsaoe3 iAFFIDAV!State of Utah§County of ‘Salt LakeOn{ 42/20/2023... Bruce A. Sweeten being duly sworn, deposes and says: 1 Tam over 18 and I am the Chief Credit Officer of Comenity Capital Bank (“Seller”). In that capacity and as part of my regular job duties, I have custody of certain business records of Seller, routinely review such business records, and am familiar with Seller’s processes for the sale and assignment of accounts and business records, including those that are maintained in electronic form. Seller owns certain accounts, and maintains and records information in the records as they relate to such accounts. | am authorized to make the statements and representations set forth in this affidaviton behalf of Seller. The statements set forth herein are true and correct to the best of my knowledge, information, and belief, based on either personal knowledge or review of the business records of the Seller. If called upon as a witness, | can testify competently to the facts contained herein. My regular job duties include having knowledge of, and access to, business records relating to the Accounts (as defined below). These records are kept by Seller in the regular course of business, and it was in the regular course of business of Seller, for an employee or representative with personal knowledge of the act, event, condition, or opinion recorded to make memorandum or records or to transmit information thereof to be included in such memorandum or records; and that the records were made at or near the time of the act and/or event recorded or reasonably soon thereafter. On or about 11/22/2023, Seller sold 2 pool of charged-off accounts (the “Accounts” by a Credit Card Account Purchase Agreement to Midland Credit Management, Inc. (“Buyer”), The original creditor at the time of charge-off was Comenity Capital Bank. Pursuant to the sale, Seller sold, transferred, assigned, conveyed, granted, bargained, set over and delivered to Buyer and its successors and assigns, good and marketable title to the Accounts and any unpaid balance free and clear of any encumbrance, equity, lien, pledge, charge, claim or security interest, ] am not aware of any errors in the Accounts, In connection with the sale of the Accounts, electronic and other records were transferred to or otherwise made available to the Buyer (the “Transferred Records”). The Transferred Records have been keptin the regular course of Seller’s business, and were 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. To the extent that the Transferred Records include records that were prepared by a third party, they are records that were incorporated into the records of Seller as a business record and the accuracy of such records are relied upon by Seller in the regular course of business.7. I certify under penalty of perjury that the foregoing is true and correct.FURTHER AFFIANT SAYETH NOT.Signed this__o2 oth day of December 2023. itBruce A. Sweeten (AFFIANT NAME)‘Comenity Capital BankSubscribed and sworn to before me Jennifer Pardue, on this 2 otf _(date) day of December, in the year 2023, by Bruce A. Sweeten, who proved on tl is of satisfactory evidence to be the person whose name is subscribed: in this doctimpent (Notary's Official Seal) Noi ‘Signature JENNIFER PAROUE Notary Public - State of Urati Comm: No: 716844 hy Commission Expires en ot, ea0es. aCERTIFICATE OF CONFORMITYSTATE OF UTAHCOUNTY OF SALT LAKEThe undersigned does hereby certify that she/he is an attomey at law duly admitted to practice inthe State of Utah and is a resident of Utah, County of Salt Lake, Utah; that she/he is a personduly qualified to make this certificate of conformity; that the foregoing acknowledgment byBruce A. Sweeten named in the foregoing instrument taken before Jennifer Pardue a notary inthe State of Utah duly conforms with the laws of the State of Utah, being the State in which itwas taken; and when executed by Mr. Sweeten in the manner indicated will qualify as a validand effective sworn statement in such state. 1/9/2024Date iw Dit Attorney at Law for the State of UtahField Field DataAccount Number 7Seller Account IDFirst Name CHRISHONLast Name KNAUSSSSNDate of BirthAddress 1 _. _™ 2324 4745 S 600 WCity PLEASANT LAKEState INZip 46779Open Date 11/24/2017Last Purchase Date 04/10/2023Last Purchase Amount $46.78Last Payment Date 05/03/2023Last Payment Amount $100.00Sale Amount $10,128.56Charge Off Date 10/31/2023Charge off Balance $10,128.56Post Charge Off Interest $0.00Post Charge off Fee $0.00Post Charge off Payments $0.00Post Charge off Payments and Credits $0.00Post Charge off Credits $0.00Affinity ULTA BEAUTYAlternate Account #1 4600Alternate Account #2 EE «20°Account information provided by Comenity Capital Bank pursuant to the Bill of Sale/Assignment of Accounts transferredon or about 11/22/2023 in connection with the sale of accounts from Comenity Capital Bank to Midland CreditManagement, Inc.MCMG_CB_NOV_2023_DPL_CCB. TXT; MCMG_CB_NOV_2023_LCS_CCB. TXT“PAGE 1 OF 4 aukad Turco‘Account no. "74ST lew balance $10,128.56 Minierum payment due $2,237.00Previous balance +99842.76 Paymentdue dale syowe023.Payments -0.00 ‘Minimum Payment Warning: ! you make only the minimumOtner credits 0.00 payment for each period, you will pay more in interestand it willPurchases +0.00 take you longer to pay off your balance. For exempleOtner debits +0.00Gash advance +0.00 If you make no additional You will pay off ‘aed you willBatance transfer +0.00 ‘charges using this card nce shown fend up payinganFees charged +39.00 ‘and each month you pay: ‘on the statement fentimated totalInterest char 4266.80 In about:New balance 7510,120.66 ‘Oniy the minimum payment 21 years 827,452Past due amount $1,891.00 For information regarding credit counseling services, call 4-800-284-1708Credit iit se90000Available creditCash credit tit $0.00‘Available cashStatement clesing dato 11072023Days in biting cycleTRANS DATE ‘TRANSACTION DESCRIPTIONILOCATION aFees101042023 LATE FEE 39.00 TOTAL FEES FOR THIS PERIOD. $39.00.Interest charged Interest Charge on Purchases $246.00 © Interest Charge on Cash Advances $0.00 Total Interest For This Period $246.80 2023 totats year to date Total fees charged in 2023, $26200 ‘otal interest charged in 2023 $2,097.95ne ceed‘Your Annual Percentage Rale (APR) is the annual intorest rale on your account. See BALANCE COMPUTATIONMETHOD on page 2 for more details. Minimum interest charge may exceed interest charge below, per your credit cardagreement,TYPE OF BALANCE SUBJECT iwrerest LANCE APR TO INTEREST RATE CHARGEPurchases 28.24% (v) 19,970.25 (DA) 248.80Cash Advances 29.99% (v) 0.00 (OA) 9.00Stine mn’As a result of your delinquent payment status, your account has been temporarily suspended. Your account will be‘evaluated for reinstatement as you continue to make consistent, on-time payments (continven} NOTICE: See reverse sie fr inportent information Pease tear ai perforation above ‘Recount enn taet umber UH TA. atsury New balance $10,128.55 Winimum payment $2,237.00 Yes, thave moved or undated my Matied payments must reach us o-mail accross $00 reverse Amount encloted: by 6pm EV on 1110402028. $ lease make check payable ta CCOMENITY - ULTAMATE REWAROS MASTERCARD ele lb ily it alert tect CHRISHON KNAUSS Please retum this portion along with your payment to: 4745 S 600 W PO Box PLEASANT LAKE IN 48779-9758 Dallas TX 75265-0964 {eb taleiedll ule aoe tf hye 8623047107 O94 ee 745? 000223700 O01L012485bie to fa vor Weeds. avis tenet rel Yara ochre saYuet as on paces “ you poy your a net Toe t You Think You Find & Mistake On Your Saerrent ‘tgsdoaty aes dtc ‘Wo gn charg rest{you (Crp Bark,nk thereBO Boram #92520. oor en Camu, your ‘usa OH 43218-2620. Sign ure vereeionputes mde era tw APR Cau I your eter vo ue flowing Beyman! or udp! Bayan! Cra Plan re h ts Yow name and aceaure number QALAUCE COMPUTATION METHCD. We eulain elon Thenara!to leters soprain fr etter amount To lr mount o ne ten balance parentnses not tno Balan Sutjectta inact Rata coun neTobe ‘Sesenbn wnat you betove yous wrong ‘escriton of biome bunk anaWaresway amare on Yur, you Detere ns 8 rarest ten oi caresponds‘You mst contac Btws wnnly 6Ds éays of any afterpotas tne eererrssppearedwig. You may call apptne1s, ayBult youhave doto wepay aetw noamarequied to investiga any potndel ‘ata othe “daly balance” ox 8c onay tsin tebancebig pero. 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PAYMENT: REOUREL WAVE INTEREST, PAYNIENT INT EO PY means WV INT LOW PMT means WAIVE ‘ether ead nt you havo te god faut care! he prebla 'RO maars OEFERINTEREST.‘en tho marchan you may have ihe gM Attn poy he romallng mount PAYMENT REQUIRED, DEF IT EO PY‘OEFER mnans OEFE! LOM PAVUENT‘aon te BAYMENT: INTEREST Tosca amust have ofoonrg ‘snd LOW APR EG PAY moans LOW APR, EQUAL PAYMENT. Youmsyey bean mademae your Pore stator wn 100 ‘thet you Account betanen at any ine widow poaty.‘ton your eer‘een more than S50. (not Never aang nara,of ornese OeIs naceasary ceyourrustpurchase have NONCE ABOUT ELECTROME CHECK CONVERSION. When ove‘wa Dased on an acverseromt wo Malle 1 You. or i we O¥M ‘check Glock asmia soncnepoyment ocho eee ft pus 3e Fo ou soon{atscla2. You mustyou rave sed your cred card for he purchase, Puchates mage as.‘ancash evances Foe an ATM or witha cheek at o6ce8i0s You cedt PAYMENTS: ‘and cua ie Payrant willbe creed Ie US. a lars fhe recalved ie weno.by he appiable oveignd dve dete‘are ‘You centmut nocdonot yet ha ly pall fr he purchase ust so meth ‘Ohersse. a gayren’ ‘ay mabe credo fr up tive days or may bo rect. TisMastered cae ls Wl lho chesneyea shave ar mt an you astapa asaat Ba 82, nved by Comenty CaptadMactreard ina oisinre ademart cl Conmovs, On ating or Overmige(evat vena we tventgae. es opey 1 e capa amour os check, timemanny£00 order. pm. Easter Yavelors Tiechecker (ET:eahle’s‘Gees above. Aor we lsh ou aon, we wie you our {chock ‘Seon Ketway Ore, Sut 120, Curation, TX 73008 Poplarwnmal your w te awe ona eras on tho payment sub or‘Geition. Alta pur. wo Rink you owe an amount 8nd yOu SO pay wo ‘melee your payment sti, use te wer‘may epert you a ‘Salem, wre your account tuner onthe check ant send one‘CREDIT REPORTING. We may‘miod reprtniamaton payment. sous of theryourdalaus securon toyour ‘Dorotstapio or cp your payment to sand tb sb,cashor sane ayat citeatos.‘oma burs‘secoun may blac your eed ‘Pay 8y Phono (eof mo "a8 3:00 pa.3 ET. Call usia fe NONICE OF eREOrT REPORT ‘ee: iyo beivoinomaen we reported io 9 consumer 2 nine (ut tine 8:00 pm. ‘COMENTTY.NETIULTAMATEREWARDEMASTERCARD. ET}: Viet "PO Bon 192120, (671432182120 Prese ‘Comer pron: are and acount rum ‘Your aeeess Intraton ant you Eipute and wry you botove ts oaccarce W aalabie,a copy of secon of eect report showing ne Iesormation you 2‘Sand ‘Capt al manubantrvpty RaerspieynaticesGopntmant and relatedBOcomrespondence Roe W43 to Comenity [PAYMENTS WARKED PAID WY FULL", Al win commurtstans apes amour et nent or nar Iratumont marked way nentn fa” or sina languoge, us be 8:3000 Kotway Dive, Suto 120, Cuoton,‘GONOT USE Tre ENCLOSED REMITTANCE ENVELOPE. Wo May sept payan son to any Ode! gees winout toting any oor ‘Now Information Title (optionad First Name ut Last Name Soe. See. No: ‘Street Address Apt. No. AR PO Box city ‘State Zip Code Foreign Map Code. Home Prone: ‘Werk Phone Email AcoressPAGE SOF 4 ae a rrProtect yourself agains! mail and phone consumer fraud. hip /about usps.com/publications/pub2B twelcome. him IMMEDIATE ATTENTION REQUIRED! Your Account is axtramoly past due and will be written off as a bad debt SOON. To avoid this, you must pay the Minimum payment amount shown on this slalement at feast 4 days prior to the end of themonth in which this stalement closed. You can find the Statement closing date in the Summary of account activity on page 1 of this statement. If you are not able fo pay the Minimum payment amount, we may stil be able to assist you. Call us immediately at 1-855-617-8089 (TDDITTY 1-888-819-1918) 10 discuss your payment options. If written off, the bad 

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