`
`Kristen Brinkerhoff, Esq. Bar No. 263579
`Emily Pierce, Esq. Bar No. 240084
`Jordan Cook, Esq. Bar No. 179720
`Lori Williams, Esq. Bar No. 242985
`Michelle Mitchell, Esq. Bar No. 221841
`PORTFOLIO RECOVERY ASSOCIATES, LLC
`10680 Treena St., Suite 500
`San Diego, CA, 92131
`Tel: 866/428-8102
`Fax: 757/518-0860
`Attorneys for Plaintiff
`File No.: 255557
`
`
`ELECTRONICALLY
`F I L E D
`
`Superior Court of California,
`County of San Francisco
`06/13/2022
`Clerk of the Court
`BY: JEFFREY FLORES
`Deputy Clerk
`
`SUPERIOR COURT OF CALIFORNIA
`
`COUNTY OF SAN FRANCISCO
`
`PORTFOLIO RECOVERY ASSOCIATES, LLC
`
`
`CASE NO.
`
`Plaintiff,
`
`
`
`v.
`
`
`BARBARA WILLIAMS DIZON,
`and DOES 1 to 25.
`
`
`COMPLAINT FOR:
`
`(1) Account Stated
`
`CGC-22-600164
`
`PRAYER AMOUNT: $2,394.86
`
`LIMITED CIVIL
`
`Defendant(s).
`
`Plaintiff, PORTFOLIO RECOVERY ASSOCIATES, LLC, ("Plaintiff") alleges:
`
`1. Plaintiff is a limited liability company.
`
`2. This court is the proper court because Plaintiff is informed and believes that Defendant, BARBARA
`
`WILLIAMS DIZON ("Defendant"), is a resident of SAN FRANCISCO County, State of California.
`
`3. At all times herein mentioned, Defendants, and each of them, were the principals, agents, employers,
`
`employees, masters, or servants of each of their co-defendants and ratified, adopted or approved the acts or
`
`omissions alleged herein, and each defendant, in doing the things alleged, were acting in the course and
`
`scope of said authority of such agents, servants, and employees.
`
`PAGE 1
`
`COMPLAINT
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`1
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`2
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`3
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`4
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`5
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`6
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`
`
`4. This suit concerns a credit account that was purchased by Plaintiff on or after January 1, 2014 and,
`
`therefore, is subject to California Civil Code § 1788.50; et seq.
`
`COMPLIANCE WITH CIVIL CODE § 1788.50, et seq.
`
`Pursuant to California Civil Code § 1788.58(a)(1)-(9):
`
`5. Plaintiff is a debt buyer.
`
`6. A SYNCHRONY BANK/ GAP credit account was issued to Defendant on or about February 02,
`
`2017. Defendant used, or authorized the use of, the credit account to make purchases and/or
`
`transactions. Defendant received periodic billing statements for the credit account. Defendant
`
`defaulted in making the required payments. Subsequently, Plaintiff was assigned and transferred all
`
`rights, title and interest in the credit account. The account was assigned, transferred and sold to
`
`Plaintiff by SYNCHRONY BANK.
`
`7. Plaintiff is the sole owner of the credit account at issue, or has authority to assert the rights of all
`
`owners of the debt.
`
`8. The balance at charge-off was $3,043.86. Plaintiff is not seeking to recover any post charge-off
`
`fees or interest.
`
`9. The date of last payment on the credit account was September 07, 2021.
`
`10. The name and an address of the creditor at the time of charge-off was
`
`SYNCHRONY BANK P.O. BOX 965033 ORLANDO FL 328965033
`
`At the time of charge-off, the charge-off creditor's account number associated with the debt ended
`
`in XXXXXXXXXXXXX3945.
`
`11. The name and last known address of the Defendant as they appeared in the charge-off
`
`creditor's records prior to the sale of the debt: BARBARA WILLIAMS DIZON, 109 PIERCE ST,
`
`SAN FRANCISCO, CA, 94117-3306.
`
`PAGE 2
`
`COMPLAINT
`
`1
`
`2
`
`3
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`4
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`5
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`6
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`7
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`8
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`9
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`10
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`11
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`12
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`15
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`16
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`17
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`18
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`19
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`20
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`23
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`24
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`25
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`26
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`27
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`28
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`

`

`
`
`12. The names and addresses of all persons or entities that purchased the debt after charge off,
`
`include the Plaintiff debt buyer: Portfolio Recovery Associates, LLC, which maintains an address at
`
`120 Corporate Blvd, Norfolk, VA 23502.
`
`13. Plaintiff has complied with the requirements of Civil Code Section 1788.52. Notably, Section
`
`1788.52(a)(7) requires that Plaintiff possess the California debt buyer license number when making any
`
`written statements to a debtor in an attempt to collect a consumer debt. The legislation that created this
`
`requirement also stated that the licensing provisions shall become operative January 1, 2022, and that
`
`a debt collector that submits an application prior to January 1, 2022 may operate pending the approval
`
`or denial of the application.
`
`14. Attached hereto as Exhibit A is a true and correct copy of a document required by section
`
`1788.58(b) of the California Civil Code.
`
`FIRST CAUSE OF ACTION:
`
`ACCOUNT STATED
`
`15. Plaintiff alleges and incorporates by reference the foregoing paragraphs.
`
`16. Within the last four years, an account was stated in writing between Defendant and
`
`SYNCHRONY BANK/ GAP and on the account a balance was stated to be due to SYNCHRONY
`
`BANK/ GAP, from Defendant. Defendant expressly or impliedly agreed to pay SYNCHRONY BANK/
`
`GAP, that balance. Attached hereto as Exhibit B is a true and correct copy of a billing statement
`
`showing the balance due and owing.
`
`17. Before the commencement of this action, Plaintiff was assigned the credit account and
`
`indebtedness. Plaintiff is now the owner and holder of the credit account.
`
`18. Plaintiff has made demand on Defendant for repayment of the credit account, but Defendant has
`
`failed to pay the balance due.
`
`PAGE 3
`
`COMPLAINT
`
`1
`
`2
`
`3
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`4
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`5
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`6
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`7
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`8
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`9
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`10
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`11
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`12
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`13
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`14
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`15
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`16
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`17
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`18
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`19
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`20
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`21
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`22
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`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`
`
`

`

`
`
`19. Payments, set-offs, credits or allowances, if any, at or after charge off, have been posted to the
`
`credit account.
`
`20. The current balance presently due and owing is $2,394.86.
`
`WHEREFORE, Plaintiff prays for judgment against Defendant as follows:
`
`On the First Cause of Action:
`
`1. For the unpaid principal balance of $2,394.86;
`
`2. Costs of suit; and
`
`3. Any such other relief as the Court may deem just and proper.
`
`DATED: June 05, 2022
`
`
`
`
`
`
`
`
`
`By:
`☒
`☐
`☐
`☐
`☐
`
`
`
`Kristen Brinkerhoff, Esq. Bar No. 263579
`Emily Pierce, Esq. Bar No. 240084
`Jordan Cook, Esq. Bar No. 179720
`Lori Williams, Esq. Bar No. 242985
`Michelle Mitchell, Esq. Bar No. 221841
`Attorneys for Plaintiff
`Portfolio Recovery Associates, LLC
`www.PRApay.com
`
`PAGE 4
`
`COMPLAINT
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
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`11
`
`12
`
`13
`
`14
`
`15
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`18
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`21
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`22
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`23
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`24
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`25
`
`26
`
`27
`
`28
`
`
`
`

`

`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`EXHIBIT A
`EXHIBIT A
`
`
`
`

`

`PHONE PAYMENT-THANK YOU $19.66
`
`If you make no
`additional charges
`using this card
`and each month
`you pay....
`
`You will pay off
`the balance
`shown onthis
`statementin
`about ...
`
`And you will end
`up paying an
`estimated total
`Of
`
`Only the Minimum
`payment
`_
`
`If you would like information about
`services, call 1-877-302-8775.
`
`13
`years
`
`$6,369.00
`
`$3,551.00
`(Savings =
`$2,818.00)
`credit counseling
`
`Gap Account News
`You're only 29 points away from earning a $5 Reward.
`Earn 5 points for every dollar spent at Gap,
`Banana Republic, Old Navy, and Athleta.
`Plus, earn 1 point for every dollar spent
`anywhere else Visa is accepted.
`You're 1,039 points away from earning Gap Silver.
`Earn 5,000 Reward points (excluding bonus points earned
`and merchandise returns) within a calendar year
`and you'll earn Gap Silver.
`Progress To Gap Silver
`
`
`SS
`
`3000
`2000
`Qualifying Points
`
`
`
`BARBARA WILLIAMS DIZON
`Account Number
`EE 3945
`Payment Information
`New Balance
`Total Minimum Payment Due
`Overlimit Amount
`Payment Due Date
`Late Payment Warning:|If we do not receive your Total
`Minimum Payment Due by the Payment Due Date listed
`above, you may haveto paya late fee up to $38.00.
`Minimum Payment Warning: If you make only the minimum
`payment each period, you will pay more in interest and it will
`take you longerto pay off your balance. For example:
`
`Visit us at eservice.gap.com
`Customer Service:1-866-450-4467
`
`$2,424.91
`$77.00
`$424.91
`10/08/2018
`
`$2,430.43
`$80.00
`$22.41
`$52.07
`$2,424.91
`
`$2,000.00
`OVERLIMIT
`$400.00
`OVERLIMIT
`09/14/2018
`29
`
`
`
`Gap VISA® CARD
`Summary of Account Activity
`Previous Balance
`- Payments
`+ Purchases/Debits
`+ Interest Charged
`New Balance
`
`Credit Limit
`Available Credit
`Cash Limit
`Available Cash
`Statement Closing Date
`Daysin Billing Cycle
`
`Your Rewards Summary
`BEGINNING POINTS BALANCE
`POINTS EARNED
`TOTAL POINTS
`POINTS CONVERTED TO REWARDS
`ENDING POINTS
`POINTS TO NEXT REWARD
`Rewards Earned This Year
`
`Transaction Summary
`Tran Date Post Date Reference Number
`Description of Transaction or Credit
`*Purchases in Our Stores(Gap, Old Navy, Banana Republic and Athleta)
`Other Transactions (gas, groceries, etc.)
`08/16
`08/17
`24431 06KMWO1KNGJ3
`08/16
`08/17
`2443 106KM8AM8DGXJ
`09/05
`09/05
`7447994L800XTMJG7
`(Continued on next page)
`
`SAFEWAY #1507 SAN FRANCISCO CA
`SUNRISE MARKET SAN FRANCISCO CA
`
`Amount
`
`$2.75
`($80.00)
`
`PAYMENT DUE BY 5 P.M. (ET) ON THE DUE DATE.
`NOTICE: We may convert your paymentinto an electronic debit. See reverse for details, Billing Rights and other important
`information.
`6544
`
`BWH
`
`.
`
`oe
`
`1.3:
`
`180914
`
`OPAGE 1 of 3
`
`3179
`
`1500 csol
`
`o1Fo6s44
`
`Detach and mail this portion with your check. Do not include any correspondence with your check.
`Account Number :EEE 3945
`Total Minimum
`Payment
`Overlimit
`New Balance
`Payment Due
`Due Date
`Amount
`$77.00
`10/08/2018
`$424.91
`
`$2,424.91
`
`
`
`
`${ JL JL ILILI. LILI
`
`Payment Enclosed:
`Please use blue or black ink.
`OR pay on-line at
`We currently do not accept a
`paymentsin our stores.
`BARBARA WILLIAMS DIZON
`109 PIERCE ST
`SAN FRANCISCO CA 94117-3306
`
`New address or email? Print changes on back.
`
`Make Payment To:GAP VISA/SYNCHRONY BANK
`PO BOX 960017
`ORLANDO, FL 32896-0017
`
`

`

`Transaction Summary(continued)
`Tran Date Post Date Reference Number
`
`Description of Transaction or Credit
`FEES
`TOTAL FEES FOR THIS PERIOD
`INTEREST CHARGED
`INTEREST CHARGE ON PURCHASES
`INTEREST CHARGE ON CASH ADVANCES
`TOTAL INTEREST FOR THIS PERIOD
`2018 Totals Year-To-Date
`Total Fees Charged in
`2018
`Total Interest Charged in
`2018
`Total Interest Paid in 2018
`
`$0.00
`$204.53
`$152.46
`
`Amount
`
`$0.00
`
`$52.07
`$0.00
`$52.07
`
`(v) = variable rate
`
`Interest Charge Calculation
`Your Annual Percentage Rate (APR)is the annual interest rate on your account.
`Annual
`Percentage
`Rate
`26.74% (v)
`28.74% (v)
`
`Type of Balance
`Purchases
`Cash Advances
`
`Expiration
`Date
`N/A
`N/A
`
`Balance
`Subject To
`Interest Rate
`$2,450.48
`$0.00
`
`Interest
`Charge
`$52.07
`$0.00
`
`| Cardholder News and Information
`Synchrony Bank may continue to obtain information, including employment and income information from others about you
`(including requesting reports from consumerreporting agencies and other sources) to review, maintain or collect your account.
`
`
`
`Cardholder Benefits and Information
`Looking for a more convenient due date? Call customer service at the phone number on your statement to determine if eligible
`and discuss available options.
`
`6544
`
`BWH
`
`a
`
`7
`
`13
`
`180914
`
`OPAGE 2 of 3
`
`BLES
`
`1500
`
`cso1L O1FQ6544
`
`

`

`6544
`
`BWH
`
`a
`
`7
`
`13
`
`180914
`
`OPAGE 3 of 3
`
`BLES
`
`1500
`
`cso1L O1FQ6544
`
`

`

`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`EXHIBIT B
`EXHIBIT B
`
`
`
`

`

`BARBARA WILLIAMS DIZON
`Account Number
`EE 3945
`Payment Information
`New Balance
`Amount Past Due
`Total Minimum Payment Due
`Overlimit Amount
`Payment Due Date
`Late Payment Warning:|If we do not receive your Total
`Minimum Payment Due by the Payment Due Date listed
`above, you may haveto paya late fee up to $39.00.
`Minimum Payment Warning: If you make only the minimum
`payment each period, you will pay morein interest and it will
`take you longerto pay off your balance. For example:
`
`Visit us at eservice.gap.com
`Customer Service:1-866-41 9-0964
`
`$3,004.86
`$690.00
`$824.00
`$1,004.86
`04/08/2019
`
`$2,900.97
`
`$2,000.00
`$0.00
`$400.00
`$0.00
`03/15/2019
`30
`
`
`
`Gap VISA® CARD
`Summary of Account Activity
`Previous Balance
`+ Fees Charged
`+ Interest Charged
`New Balance
`
`Credit Limit
`Available Credit
`Cash Limit
`Available Cash
`Statement Closing Date
`Daysin Billing Cycle
`
`Your Rewards Summary
`BEGINNING POINTS BALANCE
`TOTAL POINTS
`POINTS CONVERTED TO REWARDS
`ENDING POINTS
`POINTS TO NEXT REWARD
`
` $114.00
`
`If you make no
`additional charges
`using this card
`and each month
`you pay....
`
`You will pay off
`the balance
`shown on this
`statementin
`about ...
`
`And you will end
`up paying an
`estimated total
`of ...
`
`9
`Only the Minimum
`years
`payment
`If you would like information about
`services,call 1-877-302-8775.
`
`$6,170.00
`
`credit counseling
`
`Gap Account News
`You're only 29 points away from earning a $5 Reward.
`Earn 5 points for every dollar spent at Gap, Banana
`Republic, Old Navy, Athleta and Hill City. Plus, earn
`1 point for every dollar spent everywhere else Visa is
`accepted.
`Great News, Cardmember! You can now earn points and
`redeem your Rewards at Hill City. Check out Gap Inc.'s
`newest brand at HillCity.com.
`
`03/08
`
`03/08
`
`Transaction Summary
`Tran Date PostDate Reference Number
`Description of Transaction or Credit
`*Purchases in Our Stores(Gap, Old Navy, Banana Republic, Athleta and Hill City)
`FEES
`LATE FEE
`TOTAL FEES FOR THIS PERIOD
`INTEREST CHARGED
`INTEREST CHARGE ON PURCHASES
`INTEREST CHARGE ON CASH ADVANCES
`TOTAL INTEREST FOR THIS PERIOD
`2019 Totals Year-To-Date
`2019
`Total Fees Charged in
`2019
`Total Interest Charged in
`2019
`Total Interest Paid in
`
`$188.15
`$0.00
`
`PAYMENT DUE BY 5 P.M. (ET) ON THE DUE DATE.
`NOTICE: We may convert your paymentinto an electronic debit. See reverse for details, Billing Rights and other important
`information.
`6544
`
`BWH
`
`.
`
`oe
`
`1.3:
`
`AL OAS,
`
`EX PAGE 1 of 3
`
`3179
`
`1500 csol
`
`o1Fo6s44
`
`Detach and mail this portion with your check. Do not include any correspondence with your check.
`Account Number:iE 3945
`Total Minimum
`Past Due
`Payment Due
`Overlimit
`New Balance
`Amount
`Date
`Payment Due
`
`$824.00
`$690.00
`04/08/2019
`$1,004.86
`$3,004.86
`
`Amount
`
`
`${ JL JL ILILI. LILI
`
`Payment Enclosed:
`Please use blue or black ink.
`OR pay on-line at
`We currently do not accept a
`paymentsin our stores.
`BARBARA WILLIAMS DIZON
`109 PIERCE ST
`SAN FRANCISCO CA 94117-3306
`
`New address or email? Print changes on back.
`
`Make Payment To:GAP VISA/SYNCHRONY BANK
`PO BOX 960017
`ORLANDO, FL 32896-0017
`
`

`

`(v) = variable rate
`
`Interest Charge Calculation
`Your Annual Percentage Rate (APR)is the annual interest rate on your account.
`Annual
`Percentage
`Rate
`27.24% (Vv)
`29.24%(v)
`
`Type of Balance
`Purchases
`Cash Advances
`
`Expiration
`Date
`N/A
`N/A
`
`Balance
`Subject To
`Interest Rate
`$2,942.73
`$0.00
`
`Interest
`Charge
`$65.89
`$0.00
`
`| Cardholder News and Information
`YOUR ACCOUNT IS PAST DUE. PLEASE PAY THE MINIMUM PAYMENT DUE OR
`CONTACT THIS OFFICE AT THE NUMBER LISTED ON YOUR STATEMENT.
`
`
`
`Please Note: Enclosed is the Privacy Policy for this account. Please take a momentto readit, then keep it with other financial
`documents. If you have previously opted-out, you do not need to do so again.
`
`6544
`
`BWH
`
`a
`
`7
`
`13
`
`LIOSLS
`
`EX PAGE 2 of 3
`
`BLES
`
`1500
`
`cso1L O1FQ6544
`
`

`

`6544
`
`BWH
`
`a
`
`7
`
`13
`
`LIOSLS
`
`EX PAGE 3 of 3
`
`BLES
`
`1500
`
`cso1L O1FQ6544
`
`