Preview
29D03-2403-CC -002928 Filed: 3/19/2024 1:43 PM
lerk
Hamilton Superior Court 3 Hamilton County, Indiana
STATE OF INDIANA ) IN THE HAMILTON COUNTY SUPERIOR COURT 3
)ss:
COUNTY OF HAMILTON ) CAUSE NO.
MIDLAND CREDIT MANAGEMENT, INC.,
Plaintiff
vs.
ZACHARY L KNIGHT,
Defendant.
COMPLAINT
1 Upon information and belief, Defendant ZACHARY L KNIGHT, resides at 487 Plum St, Noblesville,
Hamilton County, Indiana.
2 Credit was extended to Defendant on DOUBLE CASH account number XXXXXXXXXXXX4790
formerly with CITIBANK, N.A..
3 Defendant failed to pay the amount due on the account.
4 Defendant has failed to object to the accuracy of billings sent to Defendant and/or has otherwise assented
to the balance and has failed, refused, or neglected to pay as agreed.
5 As of February 26, 2024, Defendant owes a balance of $1,283.85 to Plaintiff, as is more fully set out in
Plaintiff's Affidavit of Debt attached as Exhibit A and supported by the account documentation included therein.
6. Plaintiffis the assignee of Defendant's account. Please see the Chain of Assignment attached within
Exhibit A.
WHEREFORE, Plaintiff requests a judgment in its favor and against Defendant for total damages in the amount
of $1,283.85, 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: 03/18/2024 By
Keiti . Sparks #32766-71
CZ Denise M. Hallett #8406-45
CI Zachary M. Kimmel #34667-47
L] David W. Gray #32482-45
LD David J. Hoff #35481-15
2618 East Paris Avenue SE
Grand Rapids, MI 49546
Phone: 8668707452
Fax: (616) 942-9657
Email: indiana@stengerlaw.com
THIS IS A COMMUNICATION FROM A DEBT COLLECTOR. WE ARE ATTEMPTING TO COLLECT A DEBT AND ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 23-141068 IIIT III IN 100 10 01111100 110M 0 0
EXHIBIT A
THIS IS A COMMUNICATION FROM A DEBT COLLECTOR. WE ARE ATTEMPTING TO COLLECT A DEBT AND ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 23-141068 IIIA T0000
0000 0100000010 UN 00100 011
AFFIDAVIT OF DEBT
Comes now affiant, and states:
I, Joseph Pickar, am of adult age and am an employee of Midland Credit Management, Inc. ("Plaintiff or
"MCM"), and am fully authornzed 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.
I have access to and have reviewed the electronic records pertaining to the account maintained by MCM and
am authorized to make this affidaviton MCM's behalf. The electronic records reviewed consist of (1) 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 (11) 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.
1) The Plaintiff has obtained this debt from CITIBANK, N.A. and the original creditor of this debt was
CITIBANK, N.A.. Evidence of the debt, as required in Rule 9.2(A) (2), is attached as one or more
Exhibits to this Affidavit.
2) ZACHARY L KNIGHT, Defendant, had an account balance of $1,283.85 as of 2024-02-02, which
is owed to Plaintiff on account XXXXXXXXXXXX4790 (hereinafter "the Account").
3) MCM's records show that the Account was opened on 2019-11-01 and the last payment posted to
the Account on 2022-04-12 in the amount of $42.00. MCM's records show that the Defendant
defaulted on the Account on or after 2022-04-11 and the Account was charged off on 2022-10-14.
4) The type of account is:
Credit card account (e.g. Visa, MasterCard, Department Store).
Company issuing credit card: CITIBANK, N.A.
[] Other:
5) The account balance includes:
MCM's records show that there are no late fees after 2022-11-22.
Interest at a rate of 0% beginning on 2022-10-14.
6) The Plaintiff is not seeking attorney's fees.
) 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, $0 U.S.C.A. Appx. §521.)
AFFIDAVIT OF JOSEPH PICKAR - }
UTICA DE AVEDA OA ACCA OTA
319039384 AFFRECATTACH 23-141068
9) As set forth in the records attached hereto, the complete chain of title including CITTBANK, N.A.,
the original creditor, and all post-charge-off purchasers/assignees of the debt are as follows:
1 CITIBANK, N.A. 2022-11-22
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 selier 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
il) Statement(s) and/or Account records reflecting: 1) the charge-off balance; and 2) the
last purchase transaction, payment, or balance transfer.
11) 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
rules, and applicable state and federal law.
I swear or affirm under the penalties of perjury that the foregoing representations are true.
‘
FEB ' 9 204
Date
Joseph Pickar
M1230
AFFIDAVIT OF JOSEPH PICKAR - 2
CCA IARC A CAE
319039384 AFFRECATTACH 23-141068
Contract ID: EN8SMUMAA043021
Addendum ID: EN8MUMAA092221C6
Document ID: 111022MC1MU3FMB1
BILL OF SALE AND ASSIGNMENT
September 2021 Brands Fresh 180 Day Flow Lot 1
THIS BILL OF SALE AND ASSIGNMENT dated November 22, 2022, is by Citibank, N.A., a
national banking association organized under the laws of the United States, located at 5800 South
Corporate Place, Sioux Falls, SD 57108 ("Bank"), to Midland Credit Management, Inc., a
corporation organized under the laws of Kansas, with its headquarters/principal place of business
at 350 Camino De La Reina, Suite 100, San Diego, CA 92108 ("Buyer").
For value received and subject to the terms and conditions of the Master Purchase and Sale
Agreement dated April 30, 2021 between Bank, Department Stores National Bank, and Buyer (the
"Master Purchase Agreement"), and that certain Addendum No. 6 dated September 22, 2021,
between Bank and Buyer (the “Addendum”, and together with the Master Purchase Agreement,
the “Agreement”), the Bank does hereby transfer, sell, assign, convey, grant, bargain, set over and
deliver to Buyer, and to Buyer's successors and assigns, the Accounts summarized on the Asset
Schedule attached hereto as Exhibit A and included in the Final Electronic File. Capitalized terms
not defined herein shall have the definition ascribed in the Agreement.
With respect to information for the Accounts summarized on the Asset Schedule and included in
the Final Electronic File, the Bank represents and warrants to Buyer that (i) the Account
information constitutes the Bank’s own business records and accurately reflects in all material
respects the information in the Bank’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, a person with knowledge of the data entered into and maintained in
the Account’s database; and (iv) it is the regular practice of the Bank’s business to maintain and
compile such data.
CITIBANK, N.A. MIDLAND CREDIT MANAGEMENT, INC.
Wore
By: BA houly By: Al
(Signature) (Si gnature)
Name: Brandy Reardon ———
Name: Danielle Wohlfehrt
Title: Authorized Party
Encore 043021
Contract ID: EN83MUMAA043021
Addendum ID: EN8SMUMAA092221C6
Document [D: 111022MCLIMU3FMA1
Exhibit A to Bill of Sale
The individual Accounts transferred are described in the Final Electronic File named Encore-Brands-Fresh-
Flow-Lot1-1122 and delivered by the Bank to Buyer, the same deemed attached hereto by this reference.
Purchase Price
Lot Sale ID # of Accounts Sale Balance Cut-Off Date Percentage
Brands Fresh Flow Lot 1 111022MC1MU3FM 11/10/2022
Encore 04302]
Contract ID: EN83MUMAA043021
Addendum ID: EN8SMUMAA092221C6
Document ID: 111022MCIMU3FMGI1
AFFIDAVIT OF SALE OF ACCOUNT
State of Missouri
County of Platte
Terni Bergman, being duly swom, deposes and says:
I am an authorized employee of Citibank, N.A. (“CBNA”) locatedat 5800 South Corporate Place,
Sioux Falls, SD 57108, am authorized to make the statements and representations herein and I am
over 18 years of age. In this position, I have access to the creditor’s books and records and am
aware of the process of the sale of accounts and electronic storageof business records.
On or about November 22, 2022, CBNA sold a poolof charged-off accounts (the Accounts) by a
Master Purchase and Sale Agreement dated April 30, 2021, Bill of Sale, and Addendum No. 6
dated September 22, 2021 to Midland Credit Management, Inc.. As part of the sale of the Accounts,
certain electronic records were transferred on individual accounts to the debt buyer. These records
were kept in the ordinary course of business of creditor.
I am not aware of any errors in the information provided about the Accounts. The above statements
are true to the best of my knowledge.
Signed this_ 3) dayof 7] PHLh bo, XD
Tern Ber
State of Missouri )
)ss
County of Platte )
On this3° day of oV , 202? before me, the undersigned notary, personally appeared
Terni Bergman , personally known to me to be the person who signed the preceding or
attached document in my presence and who swore or affirmed to me that the contents of the
document are truthful and accurate to the best of his/her knowledge and belief.
Z [SEAL]
CAROLYN E. HUGHES
N Pubitc - Seal
Jackson unty - State of Missouri
Commission Number 14927304
My Commission Expires Jan 26, 2026
Encore 043021
Contract ID: EN3MUMAA043021
Addendum ID: EN8SMUMAA092221C6
Document ID: 1 11022MC1MU3FMG1
ve
CERTIFICATE OF CONFORMITY
STATE OF MISSOURI
CITY OF KANSAS CITY
I, Toes Veqlee an attorney-at-law of the State of Missouri who is licensed to
practice law in the‘State of Missouri and is fully acquainted with the laws of the State of Missouri
pertaining to the acknowledgement or proof of deeds. of real property to be recorded therein, do
hereby certify that I am duly qualified to make this certificate of conformity pursuant to Section
299-a of the Real Property Law of the State of New York and hereby certi that:.the
acknowledgement or proof upon the foregoing document was taken by Carolyn E. Hughes a
notary public in the State of Missouri, in the manner prescribed by the laws of the State of Missouri
and conforms to the laws thereof in all respects.
IN WITNESS WHEREOF, I have hereunto set my signature, this O* day of
—Atov _, chad
Encore 043021
Field ——
Field Data
Account Number a 4 790
First Name ZACHARY
Middle Name L
Last Name KNIGHT
SSN ee
Date of Birth a
Address 1 487 PLUM ST
City NOBLESVILLE
State IN
Zip 46060
Open Date 11/01/2019
Last Purchase Date 12/13/2021
Last Payment Date 04/12/2022
Last Payment Amount $42.00
Sale Amount $1,283.85
Charge Off Date 10/14/2022
Charge off Balance $1,283.85
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 $0.00
Affinity DOUBLE CASH
Account information provided by Citibank, N.A. pursuant to the Bill of Sale/Assignment of Accounts
transferred on or about 11/22/2022 in connection with the sale of accounts from Citibank, N.A. to
Midland Credit Management, Inc.
Encore-Brands-Fresh-Flow-Lot1-1122
111022MC1MU3FM
OU taka DYole)
o) 1: OF- 1-1) O-]a0 oa
ZACHARY L KNIGHT www.citicards.com
Member Since 2019 Account number ending in: 4790 Customer Service 1-855-473-4583
Billing Period:09/15/22-10/14/22 TTY:711
BOX 6500 SIOUX FALLS, SO 57117
OCTOBER STATEMENT Account Summary
a
Minimum payment due: $1,283.85 Previous balance $1,253.07
Payments $0.00
New balance as of 10/14/22 $1,283.85
Payment due date: 10/14/22 Credits $0.00
Purchases +50.00
Fine
See the fast pa e of this statement for important information about how to
avoid paying in erest on purchases. Cash advances +$0.00
Fees +$0.00
Late Payment Warning: If we do not receive your minimum payment by the Interest +$30.78
date listed above, you may have to pay a late fee of up to $40 and your APRs New balance $1,283.85
may be increased up to the Penalty APR of 29.99%
Minimum Payment Warning: if you make only the minimum payment each Credit Limit
period, you will pay more in interest and it will take you fonger to pay off your Credit limit $1,000
balance. For example Includes $300 cash advance limit
If you make no additional You will pay off the And you will end up
charges using this card
and each month you pay...
balance shown on this
statement in about fo tal
aying an estimated
of...
Only the minimum payment t month(s) $1,284
For information about credit counseling services, call 1-877-337-8188
For Payments, send check to: CITI CARDS, PO BOX 78045, Phoen|x, AZ, 85062-8045
x
Pay your dill from virtually anywhere Minimum payment due $1,283.85
with the Cith Mobile® App and Cit Online #
New balance $1,283.85
GS
Ta dawnload
Text 'Appi5' to MyCit! (692484) Payment due date 10/14/22
or go to your device's app store
Or visit www.citicards.com
Amount enclosed:
000000 MC 32 ADO Account number ending in 4790
Please make check payable to CITI CARDS
ZACHARY L KNIGHT CIT} CARDS
487 PLUM ST PO 8OX 78045
NOBLESVILLE IN 46060-3334 Phoenix, AZ 85062-8045
15009 O1€838S 0124365 0004200 CY SO 1004
www.citicards.com Customer Service 1-855-473-4583 Page 2 of 2
TTY:711
ZACHARY L KNIGHT
Account Summary
Trans Post
date cate Description Amount
Ba wae eee ee eran cates ee EERE REET TET REET Ee EET TEES OEE E RTO Tee eee Ree eee eee eee eaten ees eae
Fees charged
Total fees charged in this billlng period $0.00
Interest charged
Date Description Amount
Aaa eee eee ee et RR ORAS EASTER OER a te ee RRR O TREE ESE TRESS PR EER T EE SES ESE REESE REESE teen
10/14 INTEREST CHARGED TO STANDARD PURCH $29.04
Ser A eee TEEN ETRE AR Ue EOE EERE Sm RASH TSHR REDE SESE SPST SESE SETS STETSSSESISE DSSS R ERE HESS TE REEE Ome EERE EEE EEE ERE EERE E ETT EE
10/14 INTEREST CHARGED TO PUR PR-10/05/21. $0.39
FN eae ee ee eee ee eee ee TEER REO AE RE Re RAAT ORE EA EET SPEER EERE EIR EEE ESE E SE Swe ee eee
10/14 INTEREST CHARGED TO BALTRNOFFER $1.35
Total interest charged in thls billing perlod $30.78
2022 totals year-to-date
Total fees charged in 2022 $280.00
Total interest charged in 2022 $251.31
mae
i Interest charge calculation Days in billing cycle:30
Your Annua! Percentage Rate (APR)is the annual interest rate on your account.
wee ae me eer OO eee eee OOOO OOOO Ne OOO OOOO OOOO OOOO OOOO EOE REE OEE OEE e as HOR RATA U TUE T OEE OUATESE EEO S ere ereTs
Annual percentage Balance subject
Balance type rate (APR) to interest rate Interest charge
Oe ee ee ee ee eee eT ENTE T EER ER ROMER TOOTH TROT ROE EE EO ES ESN DENG
PURCHASES
Fon ee
Standard
wae ae ae ee
Purch
O ee OO ee ee Oe OO eee OOO
29.99%
4 OE
(V)
OOOO OE BOs Oe BEER OEE EEE
$1,178.17 (D)
ET OR OESE RSPR OP OCEOPRERGE OEE
$29.04
OOO Rear serteresewasesscseesl
Pur Pr 100521 25.99% (V) $18.34 (D) $0.39
Pree ann cece teem ene Rah ae Pee Eee tea Rae a ade dee dat wn bbb en data debe Rat eee Rd eee bee deere ee Re ee ARENT EEE ETRE EE
BalTrnOffer 6 22.99% $71.38 (D) $1.35
(Balance Transfer Rate Until Paid in Full)
we Oe Pew ETT ESOT EE TES PERCE U REET SOOT OT EOC O RE CEE ETE UES POET O ETO U SEED OTS CTU E ET CRUE ES OES POO OT OEE EVE TS POEES STEPS EOE CESS FUE SeTS BE we wees ee eee sew eee
ADVANCES
CAPR EOE Reema RATE RLS ESET TESA E EEE E EERE EEE SEEDS ES PERE ERTS ESSENSE S EEE SENSE SEO SESEESES ISN SE DEES E REA REE EERE REESE REEDED ERE A EEE Shee eben h eee
Standard Adv 29.99% (V) $0.00 (D) $0.00
Your Annual Percentage Rate (APR) is the annual interest rate on your account. APRs followed
by (V) may vary. Balances followed by (DB) are determined by the daily balance method
(including current transactions).
Account messages
Please note that if we received your pay by phone or online payment between
5 p.m. ET and midnight ET on the last day of your billing period, your payment
was credited as of the date of receipt, but will not be reflected until your next
statement.
© 2022 Citibank, N.A.
Citi, Citi and Arc Design and other marks used herein are service marks of
Citigroup Inc. or its affiliates, used and registered throughout the world.
Mas CIT! Account Number Ending !n: 4790
CITI
PO Box 790040
St. Louis, MO 63179-9819
11/24/2022
UL ede feb Ded PEEU AEP LA LP Pee eT foedegene dg EN pe gg eg [yey
©014375-001¢375 POFT G01 meanee 477380 2100 REC
ZACHARY L KNIGHT
487 PLUM ST
NOBLESVILLE IN 46060-0000
Dear ZACHARY L KNIGHT:
Your account ending in 4790 with a balance of $1283.85 has been sold to Midland Credit Management, Inc. and is no longer
owned by Citi. The balance consists of $780.24 of principal, $183.61 in interest, and $320 in fees.
Effective immediately, please send any future payments or correspondence to Midland Credit Management, Inc. at:
Midland Credit Management, Inc.
P.O. Box 301030
Los Angeles CA 90030-1030
Midland Credit Management, Inc. may also be reached at 1-877-451-6682.
In case you have already sent payment to Citi, the payment will be forwarded to Midland Credit Management, inc.. Please
note this is nota bill.
Sincerely,
Your Citi Team
Citibank, NLA.
2100
es
Ottd komm DYe JU] 0] (-Oe- 1-1) MOr-]ae ene
ZACHARY L KNIGHT www.citicards.com
Member Since 2019 Account number ending in: 4790 Customer Service 1-855-473-4583
Billing Period:03/15/22-04/14/22 TTY:711
BOX 6500 SIOUX FALLS, SD 57117
Your account is past due $42.00. Please pay
APRIL STATEMENT
at least the minimum payment due, which
Minimum payment due: $119.23 includes your Citi Flex Plan Payment Amount
New balance as of 04/14/22: $955.86 and a past due amount.
Payment due date: 05/10/22
Your Citi Flex Plan Payment Amount is included in your minimum payment due.
For more details, see the Citi Flex Plan details section of this statement. See the
Account Summary
last page of this statement for important information about how to avoid paying Previous balance $908.24
interest on purchases.
Payments -$42.00
Late Payment Warning:If we do not receive your minimum payment by the Credits $15.00
date listed above, you may have to pay a late fee of up to $40 and your APRs Purchases +$42.00
may be increased up to the Penalty APR of 29.99%. Cash advances +$0.00
Minimum Payment Warning:|f you make only the minimum payment each Fees +$40.00
period, you will pay more in interest and it will take you jonger to pay off your Interest +$22.62
, valance. For example:
New balance $955.86
If you make no additional You will pay off the And you will end up
~ charges using this card
and each month you pay...
balance shown on this
statement in about... E otal
aying an estimated
of... Credit Limit
-
a
Credit limit $1,000
Only the minimum payment 3 year(s) $1,383 Includes $300 cash advance limit
$44
ROO
EOE E TROP OREO PEER E AS eee ee eee eres eee ee eee
For information about credit counseling services, call 1-877-337-8188. Available credit
Includes $44 available for cash advances
Feary
Yin ee
“thankyo
aw 1
pene eee
A U “~
Cl ti:
Cee se 3 CO me Sine me ..
- from
Total Available
ThankYou® Points: ,362
as of 03/31/22
a — ~
» See page 3 for more Information
about your rewards
For Payments, send check to: CITI CARDS, PO BOX 78045, Phoen|x, Az, 85062-8045
Pay your bill from virtually anywhere Minimum payment due $119.23
with the Citi Moblie® App and Cit® Online
New balance ' $955.86
To download:
Text ‘AppIS‘ to MyCitl (692484) Payment due date 05/10/22
or go to your device's app store.
Or visit www.citicards.com
Amount enclosed:
000000 MC OO AO Account number ending in 4790
Please make check payable to CIT! CARDS.
ZACHARY L KNIGHT CITICARDS
487 PLUM ST PO BOX 78045
NOBLESVILLE IN 46060-3334 Phoenix, AZ 85062-8045
15009 00115923 0055586 0004200 25 0 100°
wvww.citicards.com Customer Service 1-855-473-4583 Page 2 of 3
TTY:711
ZACHARY L KNIGHT
bad ©)
New Balance Breakout _ a)
thani’yoi U
nS
Adjusted New Balance
wee er eee EERE ee RR nnn nt Ree er eee eT EERO Eee Te eT eee Te ree
$890.35
eee tees fro CitT St tel
Citi Flex Plan Balance $65.51
Oe re eee etme eee rere ee TOES RTO E OES ORE e ERAN RP heel tan ee TET ET ETS EH mee wr O ERT TEETER tee RTE ewer R URE OTERO E Ese EEE EEE eRe reas ean es teenee
Member 1D
New Balance $955.86
Total ThankYou Points Balance:
Account Summary
Trans Post
3,362
date date Description Amount
Bae ee hee Rae Re ewe E STRESSES EE ESSE EERE ELSE SE TAPS ES TESTS ES ERE ERASE SESE SSE E ERASE SEEPS PSE E ARAN S DRESS PAPE ERE PERE I SEED ws Pahoa ThankYou Points from Citi Double Cash Card
Payments, Credits and Adjustments
Purchases 1S
Preview
29D03-2403-CC -002928 Filed: 3/19/2024 1:43 PM lerk Hamilton Superior Court 3 Hamilton County, Indiana STATE OF INDIANA ) IN THE HAMILTON COUNTY SUPERIOR COURT 3 )ss: COUNTY OF HAMILTON ) CAUSE NO. MIDLAND CREDIT MANAGEMENT, INC., Plaintiff vs. ZACHARY L KNIGHT, Defendant. COMPLAINT 1 Upon information and belief, Defendant ZACHARY L KNIGHT, resides at 487 Plum St, Noblesville, Hamilton County, Indiana. 2 Credit was extended to Defendant on DOUBLE CASH account number XXXXXXXXXXXX4790 formerly with CITIBANK, N.A.. 3 Defendant failed to pay the amount due on the account. 4 Defendant has failed to object to the accuracy of billings sent to Defendant and/or has otherwise assented to the balance and has failed, refused, or neglected to pay as agreed. 5 As of February 26, 2024, Defendant owes a balance of $1,283.85 to Plaintiff, as is more fully set out in Plaintiff's Affidavit of Debt attached as Exhibit A and supported by the account documentation included therein. 6. Plaintiffis the assignee of Defendant's account. Please see the Chain of Assignment attached within Exhibit A. WHEREFORE, Plaintiff requests a judgment in its favor and against Defendant for total damages in the amount of $1,283.85, 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: 03/18/2024 By Keiti . Sparks #32766-71 CZ Denise M. Hallett #8406-45 CI Zachary M. Kimmel #34667-47 L] David W. Gray #32482-45 LD David J. Hoff #35481-15 2618 East Paris Avenue SE Grand Rapids, MI 49546 Phone: 8668707452 Fax: (616) 942-9657 Email: indiana@stengerlaw.com THIS IS A COMMUNICATION FROM A DEBT COLLECTOR. WE ARE ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 23-141068 IIIT III IN 100 10 01111100 110M 0 0 EXHIBIT A THIS IS A COMMUNICATION FROM A DEBT COLLECTOR. WE ARE ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 23-141068 IIIA T0000 0000 0100000010 UN 00100 011 AFFIDAVIT OF DEBT Comes now affiant, and states: I, Joseph Pickar, am of adult age and am an employee of Midland Credit Management, Inc. ("Plaintiff or "MCM"), and am fully authornzed 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. I have access to and have reviewed the electronic records pertaining to the account maintained by MCM and am authorized to make this affidaviton MCM's behalf. The electronic records reviewed consist of (1) 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 (11) 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. 1) The Plaintiff has obtained this debt from CITIBANK, N.A. and the original creditor of this debt was CITIBANK, N.A.. Evidence of the debt, as required in Rule 9.2(A) (2), is attached as one or more Exhibits to this Affidavit. 2) ZACHARY L KNIGHT, Defendant, had an account balance of $1,283.85 as of 2024-02-02, which is owed to Plaintiff on account XXXXXXXXXXXX4790 (hereinafter "the Account"). 3) MCM's records show that the Account was opened on 2019-11-01 and the last payment posted to the Account on 2022-04-12 in the amount of $42.00. MCM's records show that the Defendant defaulted on the Account on or after 2022-04-11 and the Account was charged off on 2022-10-14. 4) The type of account is: Credit card account (e.g. Visa, MasterCard, Department Store). Company issuing credit card: CITIBANK, N.A. [] Other: 5) The account balance includes: MCM's records show that there are no late fees after 2022-11-22. Interest at a rate of 0% beginning on 2022-10-14. 6) The Plaintiff is not seeking attorney's fees. ) 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, $0 U.S.C.A. Appx. §521.) AFFIDAVIT OF JOSEPH PICKAR - } UTICA DE AVEDA OA ACCA OTA 319039384 AFFRECATTACH 23-141068 9) As set forth in the records attached hereto, the complete chain of title including CITTBANK, N.A., the original creditor, and all post-charge-off purchasers/assignees of the debt are as follows: 1 CITIBANK, N.A. 2022-11-22 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 selier 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 il) Statement(s) and/or Account records reflecting: 1) the charge-off balance; and 2) the last purchase transaction, payment, or balance transfer. 11) 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 rules, and applicable state and federal law. I swear or affirm under the penalties of perjury that the foregoing representations are true. ‘ FEB ' 9 204 Date Joseph Pickar M1230 AFFIDAVIT OF JOSEPH PICKAR - 2 CCA IARC A CAE 319039384 AFFRECATTACH 23-141068 Contract ID: EN8SMUMAA043021 Addendum ID: EN8MUMAA092221C6 Document ID: 111022MC1MU3FMB1 BILL OF SALE AND ASSIGNMENT September 2021 Brands Fresh 180 Day Flow Lot 1 THIS BILL OF SALE AND ASSIGNMENT dated November 22, 2022, is by Citibank, N.A., a national banking association organized under the laws of the United States, located at 5800 South Corporate Place, Sioux Falls, SD 57108 ("Bank"), to Midland Credit Management, Inc., a corporation organized under the laws of Kansas, with its headquarters/principal place of business at 350 Camino De La Reina, Suite 100, San Diego, CA 92108 ("Buyer"). For value received and subject to the terms and conditions of the Master Purchase and Sale Agreement dated April 30, 2021 between Bank, Department Stores National Bank, and Buyer (the "Master Purchase Agreement"), and that certain Addendum No. 6 dated September 22, 2021, between Bank and Buyer (the “Addendum”, and together with the Master Purchase Agreement, the “Agreement”), the Bank does hereby transfer, sell, assign, convey, grant, bargain, set over and deliver to Buyer, and to Buyer's successors and assigns, the Accounts summarized on the Asset Schedule attached hereto as Exhibit A and included in the Final Electronic File. Capitalized terms not defined herein shall have the definition ascribed in the Agreement. With respect to information for the Accounts summarized on the Asset Schedule and included in the Final Electronic File, the Bank represents and warrants to Buyer that (i) the Account information constitutes the Bank’s own business records and accurately reflects in all material respects the information in the Bank’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, a person with knowledge of the data entered into and maintained in the Account’s database; and (iv) it is the regular practice of the Bank’s business to maintain and compile such data. CITIBANK, N.A. MIDLAND CREDIT MANAGEMENT, INC. Wore By: BA houly By: Al (Signature) (Si gnature) Name: Brandy Reardon ——— Name: Danielle Wohlfehrt Title: Authorized Party Encore 043021 Contract ID: EN83MUMAA043021 Addendum ID: EN8SMUMAA092221C6 Document [D: 111022MCLIMU3FMA1 Exhibit A to Bill of Sale The individual Accounts transferred are described in the Final Electronic File named Encore-Brands-Fresh- Flow-Lot1-1122 and delivered by the Bank to Buyer, the same deemed attached hereto by this reference. Purchase Price Lot Sale ID # of Accounts Sale Balance Cut-Off Date Percentage Brands Fresh Flow Lot 1 111022MC1MU3FM 11/10/2022 Encore 04302] Contract ID: EN83MUMAA043021 Addendum ID: EN8SMUMAA092221C6 Document ID: 111022MCIMU3FMGI1 AFFIDAVIT OF SALE OF ACCOUNT State of Missouri County of Platte Terni Bergman, being duly swom, deposes and says: I am an authorized employee of Citibank, N.A. (“CBNA”) locatedat 5800 South Corporate Place, Sioux Falls, SD 57108, am authorized to make the statements and representations herein and I am over 18 years of age. In this position, I have access to the creditor’s books and records and am aware of the process of the sale of accounts and electronic storageof business records. On or about November 22, 2022, CBNA sold a poolof charged-off accounts (the Accounts) by a Master Purchase and Sale Agreement dated April 30, 2021, Bill of Sale, and Addendum No. 6 dated September 22, 2021 to Midland Credit Management, Inc.. As part of the sale of the Accounts, certain electronic records were transferred on individual accounts to the debt buyer. These records were kept in the ordinary course of business of creditor. I am not aware of any errors in the information provided about the Accounts. The above statements are true to the best of my knowledge. Signed this_ 3) dayof 7] PHLh bo, XD Tern Ber State of Missouri ) )ss County of Platte ) On this3° day of oV , 202? before me, the undersigned notary, personally appeared Terni Bergman , personally known to me to be the person who signed the preceding or attached document in my presence and who swore or affirmed to me that the contents of the document are truthful and accurate to the best of his/her knowledge and belief. Z [SEAL] CAROLYN E. HUGHES N Pubitc - Seal Jackson unty - State of Missouri Commission Number 14927304 My Commission Expires Jan 26, 2026 Encore 043021 Contract ID: EN3MUMAA043021 Addendum ID: EN8SMUMAA092221C6 Document ID: 1 11022MC1MU3FMG1 ve CERTIFICATE OF CONFORMITY STATE OF MISSOURI CITY OF KANSAS CITY I, Toes Veqlee an attorney-at-law of the State of Missouri who is licensed to practice law in the‘State of Missouri and is fully acquainted with the laws of the State of Missouri pertaining to the acknowledgement or proof of deeds. of real property to be recorded therein, do hereby certify that I am duly qualified to make this certificate of conformity pursuant to Section 299-a of the Real Property Law of the State of New York and hereby certi that:.the acknowledgement or proof upon the foregoing document was taken by Carolyn E. Hughes a notary public in the State of Missouri, in the manner prescribed by the laws of the State of Missouri and conforms to the laws thereof in all respects. IN WITNESS WHEREOF, I have hereunto set my signature, this O* day of —Atov _, chad Encore 043021 Field —— Field Data Account Number a 4 790 First Name ZACHARY Middle Name L Last Name KNIGHT SSN ee Date of Birth a Address 1 487 PLUM ST City NOBLESVILLE State IN Zip 46060 Open Date 11/01/2019 Last Purchase Date 12/13/2021 Last Payment Date 04/12/2022 Last Payment Amount $42.00 Sale Amount $1,283.85 Charge Off Date 10/14/2022 Charge off Balance $1,283.85 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 $0.00 Affinity DOUBLE CASH Account information provided by Citibank, N.A. pursuant to the Bill of Sale/Assignment of Accounts transferred on or about 11/22/2022 in connection with the sale of accounts from Citibank, N.A. to Midland Credit Management, Inc. Encore-Brands-Fresh-Flow-Lot1-1122 111022MC1MU3FM OU taka DYole) o) 1: OF- 1-1) O-]a0 oa ZACHARY L KNIGHT www.citicards.com Member Since 2019 Account number ending in: 4790 Customer Service 1-855-473-4583 Billing Period:09/15/22-10/14/22 TTY:711 BOX 6500 SIOUX FALLS, SO 57117 OCTOBER STATEMENT Account Summary a Minimum payment due: $1,283.85 Previous balance $1,253.07 Payments $0.00 New balance as of 10/14/22 $1,283.85 Payment due date: 10/14/22 Credits $0.00 Purchases +50.00 Fine See the fast pa e of this statement for important information about how to avoid paying in erest on purchases. Cash advances +$0.00 Fees +$0.00 Late Payment Warning: If we do not receive your minimum payment by the Interest +$30.78 date listed above, you may have to pay a late fee of up to $40 and your APRs New balance $1,283.85 may be increased up to the Penalty APR of 29.99% Minimum Payment Warning: if you make only the minimum payment each Credit Limit period, you will pay more in interest and it will take you fonger to pay off your Credit limit $1,000 balance. For example Includes $300 cash advance limit If you make no additional You will pay off the And you will end up charges using this card and each month you pay... balance shown on this statement in about fo tal aying an estimated of... Only the minimum payment t month(s) $1,284 For information about credit counseling services, call 1-877-337-8188 For Payments, send check to: CITI CARDS, PO BOX 78045, Phoen|x, AZ, 85062-8045 x Pay your dill from virtually anywhere Minimum payment due $1,283.85 with the Cith Mobile® App and Cit Online # New balance $1,283.85 GS Ta dawnload Text 'Appi5' to MyCit! (692484) Payment due date 10/14/22 or go to your device's app store Or visit www.citicards.com Amount enclosed: 000000 MC 32 ADO Account number ending in 4790 Please make check payable to CITI CARDS ZACHARY L KNIGHT CIT} CARDS 487 PLUM ST PO 8OX 78045 NOBLESVILLE IN 46060-3334 Phoenix, AZ 85062-8045 15009 O1€838S 0124365 0004200 CY SO 1004 www.citicards.com Customer Service 1-855-473-4583 Page 2 of 2 TTY:711 ZACHARY L KNIGHT Account Summary Trans Post date cate Description Amount Ba wae eee ee eran cates ee EERE REET TET REET Ee EET TEES OEE E RTO Tee eee Ree eee eee eee eaten ees eae Fees charged Total fees charged in this billlng period $0.00 Interest charged Date Description Amount Aaa eee eee ee et RR ORAS EASTER OER a te ee RRR O TREE ESE TRESS PR EER T EE SES ESE REESE REESE teen 10/14 INTEREST CHARGED TO STANDARD PURCH $29.04 Ser A eee TEEN ETRE AR Ue EOE EERE Sm RASH TSHR REDE SESE SPST SESE SETS STETSSSESISE DSSS R ERE HESS TE REEE Ome EERE EEE EEE ERE EERE E ETT EE 10/14 INTEREST CHARGED TO PUR PR-10/05/21. $0.39 FN eae ee ee eee ee eee ee TEER REO AE RE Re RAAT ORE EA EET SPEER EERE EIR EEE ESE E SE Swe ee eee 10/14 INTEREST CHARGED TO BALTRNOFFER $1.35 Total interest charged in thls billing perlod $30.78 2022 totals year-to-date Total fees charged in 2022 $280.00 Total interest charged in 2022 $251.31 mae i Interest charge calculation Days in billing cycle:30 Your Annua! Percentage Rate (APR)is the annual interest rate on your account. wee ae me eer OO eee eee OOOO OOOO Ne OOO OOOO OOOO OOOO OOOO EOE REE OEE OEE e as HOR RATA U TUE T OEE OUATESE EEO S ere ereTs Annual percentage Balance subject Balance type rate (APR) to interest rate Interest charge Oe ee ee ee ee eee eT ENTE T EER ER ROMER TOOTH TROT ROE EE EO ES ESN DENG PURCHASES Fon ee Standard wae ae ae ee Purch O ee OO ee ee Oe OO eee OOO 29.99% 4 OE (V) OOOO OE BOs Oe BEER OEE EEE $1,178.17 (D) ET OR OESE RSPR OP OCEOPRERGE OEE $29.04 OOO Rear serteresewasesscseesl Pur Pr 100521 25.99% (V) $18.34 (D) $0.39 Pree ann cece teem ene Rah ae Pee Eee tea Rae a ade dee dat wn bbb en data debe Rat eee Rd eee bee deere ee Re ee ARENT EEE ETRE EE BalTrnOffer 6 22.99% $71.38 (D) $1.35 (Balance Transfer Rate Until Paid in Full) we Oe Pew ETT ESOT EE TES PERCE U REET SOOT OT EOC O RE CEE ETE UES POET O ETO U SEED OTS CTU E ET CRUE ES OES POO OT OEE EVE TS POEES STEPS EOE CESS FUE SeTS BE we wees ee eee sew eee ADVANCES CAPR EOE Reema RATE RLS ESET TESA E EEE E EERE EEE SEEDS ES PERE ERTS ESSENSE S EEE SENSE SEO SESEESES ISN SE DEES E REA REE EERE REESE REEDED ERE A EEE Shee eben h eee Standard Adv 29.99% (V) $0.00 (D) $0.00 Your Annual Percentage Rate (APR) is the annual interest rate on your account. APRs followed by (V) may vary. Balances followed by (DB) are determined by the daily balance method (including current transactions). Account messages Please note that if we received your pay by phone or online payment between 5 p.m. ET and midnight ET on the last day of your billing period, your payment was credited as of the date of receipt, but will not be reflected until your next statement. © 2022 Citibank, N.A. Citi, Citi and Arc Design and other marks used herein are service marks of Citigroup Inc. or its affiliates, used and registered throughout the world. Mas CIT! Account Number Ending !n: 4790 CITI PO Box 790040 St. Louis, MO 63179-9819 11/24/2022 UL ede feb Ded PEEU AEP LA LP Pee eT foedegene dg EN pe gg eg [yey ©014375-001¢375 POFT G01 meanee 477380 2100 REC ZACHARY L KNIGHT 487 PLUM ST NOBLESVILLE IN 46060-0000 Dear ZACHARY L KNIGHT: Your account ending in 4790 with a balance of $1283.85 has been sold to Midland Credit Management, Inc. and is no longer owned by Citi. The balance consists of $780.24 of principal, $183.61 in interest, and $320 in fees. Effective immediately, please send any future payments or correspondence to Midland Credit Management, Inc. at: Midland Credit Management, Inc. P.O. Box 301030 Los Angeles CA 90030-1030 Midland Credit Management, Inc. may also be reached at 1-877-451-6682. In case you have already sent payment to Citi, the payment will be forwarded to Midland Credit Management, inc.. Please note this is nota bill. Sincerely, Your Citi Team Citibank, NLA. 2100 es Ottd komm DYe JU] 0] (-Oe- 1-1) MOr-]ae ene ZACHARY L KNIGHT www.citicards.com Member Since 2019 Account number ending in: 4790 Customer Service 1-855-473-4583 Billing Period:03/15/22-04/14/22 TTY:711 BOX 6500 SIOUX FALLS, SD 57117 Your account is past due $42.00. Please pay APRIL STATEMENT at least the minimum payment due, which Minimum payment due: $119.23 includes your Citi Flex Plan Payment Amount New balance as of 04/14/22: $955.86 and a past due amount. Payment due date: 05/10/22 Your Citi Flex Plan Payment Amount is included in your minimum payment due. For more details, see the Citi Flex Plan details section of this statement. See the Account Summary last page of this statement for important information about how to avoid paying Previous balance $908.24 interest on purchases. Payments -$42.00 Late Payment Warning:If we do not receive your minimum payment by the Credits $15.00 date listed above, you may have to pay a late fee of up to $40 and your APRs Purchases +$42.00 may be increased up to the Penalty APR of 29.99%. Cash advances +$0.00 Minimum Payment Warning:|f you make only the minimum payment each Fees +$40.00 period, you will pay more in interest and it will take you jonger to pay off your Interest +$22.62 , valance. For example: New balance $955.86 If you make no additional You will pay off the And you will end up ~ charges using this card and each month you pay... balance shown on this statement in about... E otal aying an estimated of... Credit Limit - a Credit limit $1,000 Only the minimum payment 3 year(s) $1,383 Includes $300 cash advance limit $44 ROO EOE E TROP OREO PEER E AS eee ee eee eres eee ee eee For information about credit counseling services, call 1-877-337-8188. Available credit Includes $44 available for cash advances Feary Yin ee “thankyo aw 1 pene eee A U “~ Cl ti: Cee se 3 CO me Sine me .. - from Total Available ThankYou® Points: ,362 as of 03/31/22 a — ~ » See page 3 for more Information about your rewards For Payments, send check to: CITI CARDS, PO BOX 78045, Phoen|x, Az, 85062-8045 Pay your bill from virtually anywhere Minimum payment due $119.23 with the Citi Moblie® App and Cit® Online New balance ' $955.86 To download: Text ‘AppIS‘ to MyCitl (692484) Payment due date 05/10/22 or go to your device's app store. Or visit www.citicards.com Amount enclosed: 000000 MC OO AO Account number ending in 4790 Please make check payable to CIT! CARDS. ZACHARY L KNIGHT CITICARDS 487 PLUM ST PO BOX 78045 NOBLESVILLE IN 46060-3334 Phoenix, AZ 85062-8045 15009 00115923 0055586 0004200 25 0 100° wvww.citicards.com Customer Service 1-855-473-4583 Page 2 of 3 TTY:711 ZACHARY L KNIGHT bad ©) New Balance Breakout _ a) thani’yoi U nS Adjusted New Balance wee er eee EERE ee RR nnn nt Ree er eee eT EERO Eee Te eT eee Te ree $890.35 eee tees fro CitT St tel Citi Flex Plan Balance $65.51 Oe re eee etme eee rere ee TOES RTO E OES ORE e ERAN RP heel tan ee TET ET ETS EH mee wr O ERT TEETER tee RTE ewer R URE OTERO E Ese EEE EEE eRe reas ean es teenee Member 1D New Balance $955.86 Total ThankYou Points Balance: Account Summary Trans Post 3,362 date date Description Amount Bae ee hee Rae Re ewe E STRESSES EE ESSE EERE ELSE SE TAPS ES TESTS ES ERE ERASE SESE SSE E ERASE SEEPS PSE E ARAN S DRESS PAPE ERE PERE I SEED ws Pahoa ThankYou Points from Citi Double Cash Card Payments, Credits and Adjustments Purchases 1S