DAO
`
`SUPERIOR COURT OF CALIFORNIA
`
`COUNTY OF SAN FRANCISCO
`
`Document Scanning Lead Sheet
`
`Jun-03-2013 10:07 am
`
`Case Number: CGC-12-525163
`
`Filing Date: Jun-03-2013 10:07 —
`
`DECLARATION
`
`Filed by. NADITA MASON
`Juke Box: 001=Image: 04076481
`
`EQUABLE ASCENTFINANCIAL, LLC VS. YENIS GARCIAet al
`
`_
`
`001004076481
`
`Instructions:
`
`Please place this sheet on top of thedocument to be scanned.
`
`

`

`JOHN CLINNIN, ESQ., SBN-153881
`
`E
`CoussUPfPEED
`By ANFg ERY
`TARA MUREN, ESQ., SBN-260154
`(C.1I.R.) Law oftinges
`AN10.5
`Creditor Iustus et Remedium, L.L,.P.,
`po * Te,
`IG
`8665 Gibbs Drive, Suite 150, San Diego, CA 92123 ay,
`Mailing: PO Box 23189, San Diego, CA 92193-3189
`Page
`Say
`(800) 496-8909
`le
`
`"F $4.90
`
`» MOH
`
`:
`
`(858) 496-5977 Fax
`
`Attorney for Plaintiff
`
`SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO
`
`SAN FRANCISCO JUD. DISTRICT - LIMITED CIVIL
`
`CASE NO. CGC-12-525163
`
`DECLARATION FOR
`JUDGMENT
`[CCP 585(d)]
`
`} ) } ) ) ) ) ) ) ) } )
`
`EQUABLE
`LLC
`
`ASCENT
`
`FINANCIAL,
`
`Plaintiff,
`
`Vv.
`
`YENIS GARCIA;
`
`4
`DOES
`Inclusive,
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`through
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`15,
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`Defendant (sg)
`
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`i $
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`DECLARATION IN SUPPORT OF JUDGMENT
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`(C.I.R.) Law Offices
`
`L.L.P.,
`
`Creditor Iiustus et Remedium,
`Tara Muren, ESQ. SBN-260154
`ESQ. SBN-99073
`Michael J. Mixer,
`$665 Gibbs DR. Suite 150
`San Diego, CA 92123
`File No.: 3575589
`{800) 496-8909
`(858) 496-5977 Fax
`
`Attorney for Plaintiff
`
`SUPERIOR COURT OF CALIFORNIA
`COUNTY OF SAN FRANCISCO - SAN FRANCISCO JUD. DISTRICT
`LIMITED CIVIL
`
`CASE NO. CGC-12-525163
`
`DECLARATION IN SUPPORT OF
`JUDGMENT
`[CCP 585 (d)]
`
`) ) ) ) ) ) ) ) ) ) ) )
`
`)
`
`EQUABLE
`LLC
`
`ASCENT
`
`FINANCTAL,
`..
`
`Plaintiff
`
`Vv.
`
`YENIS GARCIA;
`
`Defendant (s}
`
`I, JEFF HASENMILLER,declare asfollows:
`
`1.
`
`I am the LEGAL AGENCY NETWORK MANAGERfor EQUABLE ASCENT
`
`FINANCIAL, LLC.(“Plaintiff”), an assignee, authorized to do business in California.
`
`I am
`
`familiar with the business records of Plaintiff, and am authorized to make this declaration on its
`
`behalf. The records are kept in the ordinary routine course of business by employeesof Plaintiff
`
`who are charged with the duty to accurately electronically record any business act, condition, or
`
`event onto computer with the entries made at contemporaneouslyat the time of the occurrence.
`
`Prior to the commencement of this action, Plaintiff became the assignee ofall right, title, and
`
`interest in all causes of action alleged in this case or any other obligation relating to such credit
`
`card accountthat giverise to said cause of action.
`
`
`
`DECLARATION IN SUPPORT OF JUDGMENT
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`I have personally reviewed Plaintiff's records as they relate to account number
`2.
`5418220206403148 in the name of Defendants YENIS GARCIA; (“Defendants”).
`I am
`familiar with the business records of Plaintiff and am authorized to make this declaration on its
`
`behalf.
`
`Prior to the sale and purchase of any of the items hereinafter referred to, an
`3.
`installment account was established by and for Defendants at Defendants’ special insistence and
`request.
`|
`4.
`_ As of the date of the commencement of this action, the outstanding principal
`obligation was $2, 852.95, said amount having been incurred for goods, wares, merchandise,
`services and/or necessities of life sold and delivered to Defendants at Defendants’ special
`
`insistence and request on accountstated.
`5.
`Pursuant
`to California Civil Code § 1811.1 and California Code of Civil
`Procedure § 585(a), Plaintiff is entitled to attorney’s fees. Based on the outstanding principal
`obligation of $2, 852 . 95, this court’s schedule provides for attorney’s fees.
`6.
`As of the date of this declaration, Plaintiff is the holder of all claims asserted in
`
`the complaint.
`7.
`
`Plaintiff hereby elects to obtain a money judgment for the purchase price of said
`
`items and hereby waives any security interest it may possess thereon.
`
`The foregoing declaration is of my own personal knowledge and, if sworn as a witness, I would
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`and could competently testify thereto.
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`DECLARATION IN SUPPORT OF JUDGMENT
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`

`EXHIBIT “A”
`
`

`

`[Hileo Receivables Letterhead|
`
`January. 2010
`
`NOVICE OF NAME CHANGE
`
`To:
`
`Re:
`
`Contract with Hilco Receivables, LLC
`
`Gemlemen:
`
`You are hereby notitied Lhat effective as of December 31. 2009, Hileo Receivables.
`LLC ("Hileo Receivables"), merged with its affiliate. Equable Ascent Financial, LIC. a
`Delaware limited liability company ("FAF"), which is owned and operated by the same
`owners and operators of Hilco Receivables, As a result of the merger, RAF has, by operation
`oflaw. succeeded to all of the Hilco Receivables rights and obligations.
`
`In connection with the name change. please advise your collectors that Ililco
`Receivables is now LAF. Also, please revise all letters and other written materials directed
`to our customers to advise them ofthe name change.
`
`If you have any questions about the merger. feel free to call our General Counsel,
`Michael Walsh, at 847.313.4759.
`
`Very truly yours
`
`EQUABLEReiLL
`
`(tik/a Hileo, Reccivablds. LLC}
`By: AQR .
`Name:‘Greg Neely
`o™.
`fis: Vice President of“Agend> Management
`
`WIN vb BAZ) 3 34 PM
`
`$7958 Cle]
`
`

`

`-
`
`BELL OF SALE
`
`CHASE o
`
`-.
`
`. Chase Bank USA, N.A.(“Seller”), for value received and pursuant to the terms and conditions of Credit
`. Card Account-Purchase Agroement-‘dated -November 20,2009 between Seller and Hilco Receivables, LEC
`(“Purchaser”), its successors and assigns (“Credit Card Account Purchase Agreement”), hereby assigns
`effective as of the File Creation Date September 9, 2010 allrights, title and interest of Seller in and to those
`certain receivables, judgments or evidences of debt described in Exhibit 1 attached hereto and made part
`i
`hereof for all purposes, The names(s) of the Borrower(s), the Account Number assigned by Seller to the
`|
`Borrower(s)’Account, the Unpaid Balance as of the File Creation Date referenced in the Credit Card Purchase
`
`
`
`
`
`
`|____Agreementforeachandevery Account,theBorrower(s)’SocialSecuritSecurityNumber,the Borrower(s)’Home______
`Address, the Borrower(s)’ Phone Number and other information related to the Borrowers and the Accounts as
`|
`kept and maintained in the business records of the Seller in its ordinary courseof business is containedin the .
`,
`|
`“FileTeferencedin Exhibit C hereto and ExhibitD of the Credit Card Purchase.Agreement and transferred to
`i
`Purchaser herewith. Furthermore, Seller attests and affies that documents (as that term in used in Section 6 of
`this Credit Card Purchase Agreement) as maintained in the ordinary course of its business are available to
`
`Purchaserponsequestaeot frt-inSeatonfofthir CreditGadPureeAgreementtetigburot——————
`limited to applications by Borrower(s) whose Accounts are being transferred hereby as weil as statements
`reflecting or related to the Unpaid Balance as of the File Creation Date as reflected in the Seller’s business
`records.
`
`NumberofAccounts
`
`31451
`
`-
`Amounts due to Seller by Purchaser in hereunder shali be paid U.S. Dollars by a wire transfer to be
`received by Seller no later than September 15, 2010 (the “Closing Date’) by 2:00 p.m, Seller’s time, as-
`follows:
`
`|
`
`This Bill of Sale is executed without recourse except as stated in the Credit Card Account Purchase
`Agreement to which this is an Exhibit. No otherrepresentation of or warranty oftitle or enforceability is’
`expressed or implied.
`
`
`
`Ju
`
`September 10, 2010
`| Team Leader
`
`By:
`Date:
`Tithe
`
`EAC
`Hilco-Reeeivabies, LLC
`: hind pf [AL {
`Date:
`_. Afi [2010
`Title é Gata f
`AAfatcf
`
`

`

`Feehn da Vendim.delPago Nuevo Sekio
`
`Cant. Aimsadaa Pagar Page Minimo
`
`Nomere de Cuenta: 5418 2202 0640 3148
`
`$
`
`Hage su cheque a nombre de:
`Chase Card Services
`Por faver oscribale oantded adpmie.
`Nuova cinpccién o como obecrénico?
`Kndtslocontetra da Snprente al reverso.
`
`§4 Le22DeGbyOsLYsbooFepadde2ase9sodocooocecooac1
`
`YERIS GARCIA
`Venera hacia”
`SAN FHANCISCO CA Sa108-7636
`1186Eu ST APT 830
`
`:
`
`WBaDasuDovassEEUEaasTsBasdassQsdZceuallasDesovtal babsla hel
`
`1Wbiadtodsnbsdendastsbslceased bol dealbathiall
`GARDMEMBER SERVICE
`PALATINEIL §00b4-4014
`
`HSooDBO 2B FRSOFGOb4LO5tLhbe
`
`
`
`
`
`poriment .CHASE oO toformacion edicional parawerehasesomicredicatds eontacterio estd convoniontements
`
`foocallzada on of nacre.
`RESUMEN DE CUENTA INFORMACIONDEPAGODE FAGO
`
`Nomero de Cueria: $418 2202 9640 3148
`Nugvo Sado
`$2,652.85
`Salto Anterior
`.
`701.01
`Fecha de Vancin.
`oeneia
`Pages, Créditos
`$59.90
` GBntidad Minima @ Pager
`$até.o0
`Cergon eotredos
`4$7000
`Acvertencia por pago atrassdo: sf no redhimos sy paga minime
`pera Ia techs indicada arriba, a8 pondble que tangs qué pager nasa
`Imerés copada
`eeeE4
`tn verge por page atrasade de$39.00 y sus APA ostonin mifeios &
`aumento 4 une APA de pennlizocién mibéma de 20.00%
`Nueve Said
`$2562.05
`4vizo de pago minima: si s$io hace el page minim onda
`.
`OFAV1O - BABI
`perlodo, tended que pagar mds on intoroass y fe tomard macho
`Fecha de afectue‘ciena
`
`Linea de Créate Toral $2,750=ergo cancelar su seido. Por ejemplo:
`hi
`pagerd un
`
`
`
`Creciia Disponkie Sino realize mia|Usted cancelant etso [Y af ind aun told
`
`
`
`
`
`tlnea de Acetos Electivo cargos adi@onsies|safde que apareceS025 pstmada de...
`Dispanible
`Etactivo
`$0
`utiizande esta
`en este esiado da
`Tanai y cade mes
`cuemaen
`usted page...
`
`apxmadamente.... 5) desea informacién acerca de lon servicios da araccis do crddilo,
`
`fama Hf F-$86-797-2B65.
`
`El saido pandiania en su cuemia de tarjeta de crédiio est programads para ser Gesignado Gorno deuda sin pager an pocd Hempo.
`Como raaubado, au calificaciin en au egencia de informes da créditoseacluaizerd de manera negatve, fo cual podria durar hasia
`sigte afoe. A poser de one podemes ayudarle, pero tene que llaranos ahora mismo al 4-880-314-2853 (con cobro revertide al
`1-302-594-8200}.
`
`Mensaje Importante: Sobrelimite
`El naldo on au estade de cuama excade au limite de cradito, Usted debe haces bn page que incluya ia caziudad del sobrelimiia
`para flevor ef seldo por debajo de su tiie.
`
`Esta queria te oncueiita carrada y no 6614 cisportinvepara Muaves Trarsaccones. Si lene Un 6aide por favor coninds haciendo
`pegos en la fecha de venameani.
`
`ACTIVIDAD DE CUENTA
`Nombre del Comercant0
`Fache de
`
`$ Cantidad
`Tranaeen
`Desenpckin deteTranseccion
`
`SCORE CREEOSioc
`saaGeenacercaanus
`
` aesFEES FORaepauses
`
`
`ACHASE Ssue
`
`TOTAL INTEREST FOR THIS PERIOD
`
`Cargo sotalea cobrades en 2010
`Total de cargos de intereses of 2010
`Los lotales del afin hesta In (ache rofiejan todos lecargos,
`Menes cuaktaer reembelse aplicade a su cuenta & parnr dal
`31 de ener Ge 2010,
`
`MOOS? FESS
`
`Oo ¥
`
`O
`
`12
`
`100an2
`
`Pagina ton2
`
`Cidid
`
`LAMA 1fad4 RECO BSEOY
`
`
`
`
` BEantecFe a
`
`

`

`
`
`CMA 15669
`
`Business Card Credit Agreement |
`[his agreement may also be relerred to as the Business Card Uarcdmember Agreement,
`or as the Business Card Credit Agraement/Business Card Cardmember Agreement in the
`future. Such ttes-have tha sama meaning as Business Card Credit Agreement..
`ACCEPTANCE OF THIS AGREEMENT
`This agreement governs your credit card acepunl with us referenced on the card cartier
`containing the card lor this account. Any use al your accauntis covered by this agreamant,
`Please read the entire agraement and keep it for your records, You authorize us to pay
`ior and charge your account for all transactions made on your account. You promisa to
`nay is for all lransactions made on your account, as wall as any fees or finance charges.
`Each person who is included within the delinition of "you" betow,is rasponsibie,together
`and individually, for paying all amounts owed. We may require that you pay the full arnount
`owed without lirst asking the athar person(s! to pay.
`Please sign the back of your credit card when you raceive it. You will be bound by this
`agreementil you or anyone authorized by you use your accountlar any purpose, evenif
`you don't sign your card, Whether you use your accountor not, you will be bound bythis
`agreement-unless you cancel your account within 30 days alter receiving your card and
`you havea natused your account for any purpose.
`Throughout this agreemamt, the words "we", “us” and “our mean Chase Bank USA, ALA,
`the issuer ol your credit card and account. The words *yau’, “your” and “yours” mean all
`persons responsible for complying with this agreement, including the person who applied
`for the account and the parson to whom we address billing statements, as wall as any
`person who agrees to be liable on the account. The word “card” means oneor more cards
`or other access devices, such as account numbers, that we have issued to peril you
`te abtain credit under this agraament.
`-
`
`USING YOUR ACCOUNT ~~~
`The account is 3 business-aceeunt-and-shouldbe-used only lor business purpogsd
`transactions and nal for transattions for personal, family or household purposes. Uniess
`we agree or itis required by law, we will not be responsible for merchandise or servieas
`purchased or {eased through use of your accaunt. You pramise to use your account only
`for valid and lawlul transactions. For axamople,internet gambling may be iliagal in some
`places. it
`is not out responsibility to make sure that you use your account only for
`permissible transactions, and you will remain responsible for paying for a transaction
`even if itis nat permissible,
`'
`,
`.
`Types of Transactions:
`* Purchases: You may use your card topayffgoodsof services.
`* Checks: We may previde you cish advance checks or balance transfer checks as a
`way to use your account We also raler te thamin this agreament as a cheek or checks,
`You may use a check to pay for goods or services, to transfer balances to your account,
`of for ether uses we allow. But you may nat use these cheeks to transfer balancesto
`this account from other accounts with us or dny of aur related companies. Only the.
`person whose nameis printed on the check may sign the check, Cash advance chagks
`are treated as cash advances and balance transfer checks are eated as balance
`\ransfers except as noted In this agreementor any offer we make te you. We may treat
`checks thatwe call convenience checks as balancejransfer chacks, However, chacks
`that we call convenience checks and that we indicated to you are subject to the terms
`for cash advances, may be tredtéd as cash advances and assessed cash advance rates
`and fags.
`Balance Transters: You may teausier balances{rom other accounts or loans with other
`credit cardissuers or other lenders to this account, or other balance transfers we aitow.
`But you may not transfer balances to this accourit {ram other accounts with us or any
`of our related companies. IF aportion ol a requested balance transfer will excaed your
`available cradit ling, we may process @ partial’balance transfer up te your available
`credit line.
`—_
`~
`Cash Advances: You may uso-yotr card to get cash [rom automatic teller machines, or
`trom financial institutions accepting the card; or to obtain travelers checks, foreign
`cursency, money orders, wire transfors or similarcash-like charges;or to obtain lottery
`
`lickats, casino gaming chips,race track wagers ar for similar betting transactions. You
`mayalso use-a third party sanvica:te nigké a payment on your behalf and bill the payment
` i bitad d+
`te this account,
`”
`a
`
`WirdldiktectiesEbina groan with age Ab sar crated
`
`.
`
`Credit Line: Your cradit tine
`cradit ling as a credit fimi
`only a portion of your cradit
`cash advance checks, are
`and all other transactions
`keeping track of your age
`making sure it remains bah
`line for any reason, wa ma
`We may, but are not raquir.
`pay any amount over your
`‘his agreement applies to
`At our discretion, we may is
`portion of your credit ling,
`will not ingraase your cred)
`tO pay us,
`international Transaction:
`make ina foreign curroncy
`if
`it ig made in WS. doll:
`International or Mastarts
`dollars by using its resppci
`antity uses to convart cq
`available in the wholasale
`rata may vary from ik
`govarnnent-inandated rat
`on the applicebla process
`of account, Wa reserve th:
`of any international (rans
`dollars _af was made in
`MasterCard. In eithercase
`to us-by-that-entity-The
`transaction is reversed.
`Refisal to Authorize Trans
`on your accountfor enyo
`« bacause of operational .
`* bacause your accountis
`*
`if we suspectirauduleni
`* In our discration, for any
`We are‘not cesponsiblafc
`any reason, sithar by uso
`For onjine transactions,
`authorization system that
`do not register, we may de _
`Refusal ta Pay Checks: fa
`a chackfor payment, wa -
`check. We may, but ara nc
`including tha following ex
`* Wa or one af our raiatar
`* Your creditline or casha
`be excaadad if we pald
`« The checkis poat-dated
`returned or not paid, we
`* You have used the-chec
`« You ara in default or wo
`Lost of Stolen Cards, She
`or othr means ta aceess
`may ySe them without y
`Cardniember Sérvice tele
`use your account alter yo
`fidans to s¢cess- your ac:
`_ oraditlpriviléyes whanyor
`accal bed ct,
`Yoil mapbeiiabta I-thate
`
`nohejig ve(GwilEnotbo
`
`
`
`

`

`.
`
`;
`
`.
`
`.
`
`!
`
`-
`EMAiS669
`
`of
`
`Credit ting: Your cradit ling sppours on yourbilling siaiements, Wa may also raler ic the
`Business Card Credit Agreement
`cradit dine 3s a credit limit or spending limit, Your billing stalamani aise may show that
`onlyapaftion of your credit ling may be used forcash advances. Cash advances, including
`eash advanca checks, ara charged agalast the cash advance porilon of your cradit Jing,
`Tins agreament may also be releriad to 2s the Bosingss Card Cardmember Agreement,
`and all other Wansactions are cherged against yeor credit ting, You are responsidts lar
`or asthe Business Card Credit AgreemenYAusiness Card Cardmember Agreamentin the
`future. Suchtitles have the same meaning as Business Card Credit Agreement.
`keeping track of your account balance, including any leas and finance charges, and
`ACCEPTANCE OF THIS AGREEMENT
`making sureit remains below your ¢radit line.If your account balence is ovor your ecadit
`line for any teason, we may charge you an overtimit fee as dascrited in this agraement.
`This agree men! gavarns your credd card account with us referenced an the card carrior
`Wemay,but are nol required to, authorize charges Watgo aver your oredit line. Yau must
`comaining the card lor this account Any use aolyour acceuntis eovared by ihis agreement.
`pay any amount over your ergdit line, and you must pay us immediately ff we ask you lo.
`Please read the enlire agreement and ea? it far your reeards, You authorize vs lo aay ..
`This agreement apnfies to any balance over your credit fine.
`tigns mara on your account. You sramise ta.
`for and charge your accountfor all treasa
`AL ouc discration, ws mayincrease, feduce, of cancel your credit fing, ge tho cash advance
`pay us lor all vansactions made onyour s¢count, as wailas any lees of finance charges.
`portion of your eredit fine, al any time. However, iH you have esked ws notte do so, we
`Each person whois included within (he dafinition of you’ below,is rasponsible, together
`will nolincrease your creditline. Achange to your ¢radilling wil nol alleet your obligation
`and individually, er paying af arounts owed.We may roquirethat you pay the iull gimount
`to pay us.”
`owed withowtfirst asking the other parsonts! 10 pay,
`om
`.
`international Transactions: infocnational iransactions include any iransaction that you
`Please sign the back of your credit card when you raceiveit. Yatr will bo bound fy ibis
`make ina foreign cutrancy of (hetyou make ourstde of tha United States ofAmerles even
`agreemantil you or anyone authorized by you use your account for any purpose, even if
`if it is made in U.S. dollars.
`if you make 3 uansgcilon in a foreign currancy, Visa
`you dan’t sign your card. Wholher you usg youl acegunl or nal, you wil be bound by thie
`International or MasterCard Internatfonal, inc. will convert the lransaction into U.S.
`agreamentuniess you cancel your account whhin 30 days after receiving your card and
`dollers by using its respective currency conversion procaduras. Tha axchaage tale each
`you have not useé your account for any purpose.
`entity usoe to convert currency Is a rate that ii selects ellhar fram the range of ratas
`‘Throughout this agreemant, tha wards ‘we, “us and “ebr” maan Chase Bank USA. NLA,
`available in the wholesaia currency markols for the applicable pracessing date {which
`the issucr of yout credit card and account. The words "you", “yaur" and “yours” mean af
`tate may vary from tho rate
`ihe respective entily ttsell
`receiver}, of
`tho
`persons fesponsibte far complying with ihis agreement, including the person whe applied
`guyvernment-mandated ratein allect on the applicable processing date. Therate ip aifect
`for the account and the parson to Wham we address billing Sistemants, ss wall as any
`on the applicable processing date may dilfa: from tharate on the gate you used your card
`person whoagreesfo be fable on the account, The ward “card”means one of more cards
`of aonount. We reserve the right io cherge you an additional 3% af the U.S, éotiar amount
`ar other accass devicas, such as stcount numbors, that we hava issued 19 permit you
`of any Inlernational transaction, whether thal transaction was arlginafly meds in U.S,
`to obtain credit under this agreement.
`dollars or was made in another currency and converted ta 8.5. dolfacs by Vise or
`USING YOUR ACCOUNT
`MastorCard,In either case, the 3% will be eatculated en tha €,S. dollar amount provided
`The account Is a business account and should be used only for business purpose
`lo us by that enlity, The sama process and charges may anply il any intamational
`transactions and nol for ansectionsfor personal, family or household purposes. Untess
`Wensacilon is reversed.
`.
`We ugred ofitis required by law, wo winal be responsible for merchandise or services
`Nofesal ia Authorize Transactions:Wa may, but ara nctrequired to, decline a transaction
`purchased or teased through use of your accavnt You promise te use your account only
`on your scecuntfor any of ihe following reasons:
`lar vatid und tawtul iransactions, Fot example, internet gambling may be iegalin soma
`* because of operations! considerations,
`places. ft
`is not aur rasponsibilily to make sug that you use your account only for
`* because your stcountIs in default,
`permissible transactions, and you will remain responsible lor paying for a transection
`+ if wa suspact (raudutent of wnlawtul activity ot,
`evenial ls sat porinissible.
`+ In our diseration, for any other raason.
`:
`Woes of Transactions;
`We are not responsible for any losses ib a ansactiog on your account ds dectined for
`* Purchases: You may use your card to pay for goods or services.
`any faason, elher by us or & thitd pany, even if you have sufficient cred# avaifahta.
`> Checks: We may provitie you cash sdvance chacks or batanea transiar checks 4s 3
`For online transactions, wa may require that you register your account with an
`way lo use your account. We alsoraforto tham inthis agredment gs a chock of checks.
`authorization system thet wa setect. Wo wil aotily you if wa want yau to ragistar, Hf you |
`You may use a check to paytor goods or services, to Wanster balances to your account,
`do not register, we moy dacling your anling iransactions,
`.
`of for other uses wo allow. But you may not use thesa checks to lranstar balances to
`Heluszel fo Pay Checks: Each check you writeis your request for funds. When we recalve
`this sceaunt from other aceaynts with us or any of cur retsted companias. Only tha
`# check for paymant, we may review your account to dacide whether to autharies that
`person whose semeis printed on the check may sign the check. Cash advance checks
`check, We may, bul are not raquiredto, relece and rstues unpaid a chack for any raasoa,
`are tedatdd as cash advances and Galance tiansfer checks oro Weated as balance
`including the following examples:
`transfers exceptas noted in this agreement or any oller wa maka lo you. We may treat
`© Weof ons of otcalated companiesIs the payee on the check.
`checks that we callconvenience checks as balance ranslerchecks. Howavar, shacks
`» Your creditiina or cash advance portionof your credit fine has been axcecded, of would
`that we call convenience chacks and that we indicated to you Bra subject to the terms
`be exceeded if we paid the check.
`.
`.
`for cash advances, may be treated ss cashadvances and assessed cash advence rales
`oad lees.
`.
`* Fha cheek ts poat-dated.ifs post-dated checkis paid, resulting it anothor chack being
`returned or not pald, wa aro nol responsibis.
`+ Balatce Treusters: You may translor batancas fram other aceotinis of loans with other
`+ You have usad tha check alter the deta specified onit,
`creditcard issuers ar other tendersto this actouni,of olher balance transfars weallow.
`+
`* You ara in default or woutd ba if we pald the check
`But you may not transfer balances to this d¢count [rom other accountswith us 97 any
`'_ Eost or Stolen Cards, Chocks er Accoun| Nembers tl sny card, chack, account aumber
`of our ralaiad companies. a portion of a requested balance lransfar wil excead your
`ar othar means to access your occountis lostoF stolen, or you think someone used or
`available credit line, wa may process 4 partlal balance irgaster up to your available
`may use them without your pormission, you must notily us st once by calling the
`craditiine.
`.
`Cardnamber Service tatephons number shawn on your catd orbilling statemant Do not
`= Cash Advances: You may use your card to gel cash (rom automate taller machines,or
`use your account after you nollly us, avenil your card, chack, ageount numberor othor
`from linanete! institutions accepting the card: or to obtain (ravelers checks, foreign
`ingans to access your accountIs found or returned. Wo may tarninate or suspend your
`currency, money orders, wire Uansfers or similar cash-dike charges; or to oblainlatery
`trodit privileges when you natily us of any loss, helt or unauthorized use relatad te your
`account
`lickals, casino gaming chips, race track wagars or for similar betting transactions, You
`may also Use a third party serviee lo make a payment on your behall and bifthe paymant
`lo this account
`.
`You may be Hable if there fs unauthorized use of your account fram which you recelve
`no benefit, You will net be lisble for sny such transactions made alter you noily us of the
`+ Overdeaft Advances: ff you have an ellgible chacking account with one of our related
`loss, thaft of unauthorized wea, However, you musi identily for us the unauthorized charges
`banks, you may link this account to your checking account wilh our related bsnk lo
`from which you received rio banelit.
`caver an overdraft on thet checking account under the terms of this agreement and
`Wa may requira you to providg us information in writing to halp us find out what happened.
`your chaeking account agreement,
`.
`.
`We may atso requira you to comply with certain procedures in connection with our
`Billing Cycte: In order to manage your acecual,we divide time inte peilads called billing
`investigation.
`.
`tyries’. Fach billing eyele is approximately one month in tengi. Far each calendar month,
`.
`PAYMENTS
`your account wil hava @ biling eyele that ends in that month. Your aecount will have a
`Payment
`instructors! Your billing statement and accompanying envelope include
`billing cycle ending in auch celendar month whether or aot there is a billing statement
`instructions you must fallow for making payments ond sets facth the date and time by
`fer that billing cycta.
`which wa must recaive tha payment.
`Authorlzed Users: If you allow someone to use your account, Usa parson will be an
`You agree to pay Gs amounts you owe in U.S. dollars drawn on junds on dzpositin a 8.
`aulborized user. You shoyld think carefully before allowing anyone ta become an
`finanetal institution or the U.S, breach of 3 foreign fHieanclal institution using & payment
`aulhodzed user because you ate afawing that person io use Ihe account as you can.
`You will racaaia responsible for the use of yours account and each card issusd an your
`check, monay order or sutomatic dablt that will be recessed or honorad byyour fingnelat
`lnstiqulion. We will not eecept cash payments, Your total availabla credlt may not be
`accoual according to Ute Terms of this agreement This includes your responslbifity for
`restored for up te 15 days sitar wa cecalve your payment.
`,
`paying all charges on pour account made by an authored uses,
`.
`Any paymant check er other form of payment which you send ta us lor tess than the full
`You may request an additional card for use by an authorized user an your account. H you
`balance thatis marked "paidin full’ or with 2 simitar notation of thal you othanwise tandar
`de so, his account may appear on the credit repert of (hat authorized user,
`in fall gadisfaction of a disputed smount {canditondl payments), must by sentte us af the
`You mustnotily us ta terminste an authorized vser's pertnission touse your accaunt, {
`conditional payments sddeass fisted on yourmanthly stalamant. Wa coserve all our rights
`you notify us, we may close the account and/or issue a new cord or cards witha dillerent
`gecount AuMbe: You should siso recover and desteny any catds, checks of any othor
`iegarding such payments. For exampls,iit is determined there is no valid dispute or if
`any such payment is cacelved al any olher addreas, wa may accept the payment and you
`moans af acenss to your a¢¢cunt from thet suthonzed user,
`will sull owe any remalning balanca. We may reluse te secep! apy such paymentby
`
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`returning it to you. nat cashing it or by destroying it Alf other paymonts thal you
`make shoult be seal lo the regular payment aidtess shown on your monthly
`Slateninnts,
`We resesve the sight ta elgetronically collect your aligitta payment checks, at first
`Presentmant and any representmant, from the bask account on which the check is
`drawn. Dur racelpt of yar payment ebecks is yaur authorization for us to collect
`the umount af the check slactronically, of, if needed, by s drait drawn agains! the
`bank aceoynl, Paymant checks willbe collected slectionically by sending the chack
`amouni along wilh the chagk, roullny and scequnt numbers to your bank. Your bank
`sccount may ba dedfled as early as the sane day we ceceive your paymoni, The
`orginal payment check will ba destroyethand an imaga will be maintained in out
`reads,
`-
`Mittuun Payment: You sarog to fay atiaast the enlnimum payment dug, as shawn
`00your billing siatemont, so that we receive it by the date and ting paymantis dua,
`You may pay mora than the minim paynient due and may paythe full amount you
`owe us at day ima. If you have a balgnes that is subject to linance charges, the
`Sooner you pay us, lhe lass you will pay In linanca chargos bacausefinance charges
`accred ort your balance aach day,
`Yourbilling statamant shows your baginnlag balands and your sanding balance (tha
`‘New afance” on your biling statement}. ithe Naw Balanceis $10.00 orless, yaur
`minimum payment gua wit ba tho New Belance, Olherwiro, it will be the largest of
`tha following: $10.00;2% oftha Naw Balance; of the sum of 1% of the New Halence,
`total bitfed parlodic rata finance charges, end any billed late and ovariimil tas. As
`fart of the minimum poymant dus, wa also add any Binounlpasi dua and any amoual
`over your credit dine.
`.
`Payinont Affocation: You agres inal wo are eutharlzadto ailacato your poyments
`ond cradits ina wayihal ts most favorable lo ar convenient focus. For exainple, you
`aulhalze us to apply yournayevents and crodits to batuneas with lowar APits [such
`as promotional APRs} balore balances wiih iighsr APiis,
`Credit Balances: You mayroqysst @ relund of a cradit balance at any time, We may
`todues the amount af any credit balance byihe amount of new chargesor fees billed
`te your sc cout.
`Automatic Charges: You may authorze a third patty to sutomatically chargs pour
`account lot repaat iransocinns Por example, monthly utility charges, memberships
`and insurouce premiums), lautamatic charges are steppedfor any reason including
`beeause your account is clogad or suspended far any ceasanf or your account
`cuiberchanges,youare responsible for nolitping the billar and paylng these charges
`directly. If your account number changas, wa may, butare not raquired te, poy from
`volir new 4tec ountnumber chargas that you authorized te be biflad to your old account
`avinber,
`Promotions: From tima to time we mayoffer speclal terms for your account, Ht we
`do, wa will notify you eb oul tha arms of the offer and hove long they will be fn offect,
`Any promotion 1s subject to the terms of this agreement, as modiliad by the
`Promalinnaloffer.
`:
`FINANCE CHARGES
`Usily Periodic Hates and Annual Perrentags tales: Your snnuot Parceniage mics
`PAPASand th