ROBERT K. HANNA, State Bar No.: 341970
`JUNQIAO XIAO, State Bar No.: 341670
`HYO JIN JULIA JUNG, State Bar No.: 316090
`MICHAEL D. KAHN, State Bar No.: 236898
`LAMONT FREEMAN, State Bar No.: 349862
`MIDLAND CREDIT MANAGEMENT, INC
`350 CAMINO DF LA REINA, SUITE 100
`SAN DIEGO, CA 92108
`Telephone: (866) 300-8750
`Facsimile: (858) 309-1588
`CaliforniaLegal@mcmcg.corn
`California Debt Collection License 010644-99
`Attorneys for Plaintiff
`
`ELECTRONICALLY
`F I L E D
`
`Superior Court of California,
`County of San Francisco
`05/12/2025
`Clerk of the Court
`BY: GERMAN PEREZ
`Deputy Clerk
`
`SUPERIOR COURT OF CALIFORNIA
`COUNTY OF SAN FRANCISCO
`CIVIC CENTER COURTHOUSE
`Case No.
`
`Midland Credit Management, Inc
`
`Plaintiff,
`
`vs.
`
`Eric Butler;
`and DOES 1 through 10, inclusive
`
`Defendant.
`
`COMPLAINT FOR:
`
`(I) Breach of Contract
`
`PRAYER AMT: $ 17,852.51
`Limited
`
`CGC-25-625258
`
`1.
`
`Plaintiff, Midland Credit Management, Inc. ("Plaintiff', is a Corporation qualified to do
`business in California.
`This court is the proper court because Plaintiff is informed and believes that Defendant
`2.
`Eric Butler ("Defendant" ), is a resident of SAN FRANCISCO County, State of California.
`Plaintiff is unaware of the true names and capacities of Defendants sued by the fictitious
`3.
`names DOES 1 through 10. Plaintiff will ask leave of court to amend this complaint as and when the true
`names and capacities of Defendants named herein as DOES 1 through 10 have been ascertained.
`At all times herein mentioned, Defendants, and each of them, were the principals, agents,
`4.
`employers, employees, masters, or servants of each of their co-defendants and ratified, adopted or
`in doing the things alleged, were
`approved the acts or omissions alleged herein, and each defendant,
`acting in the course and scope of said authority of such agents, servants, and employees.
`Pursuant to California Civil Code (1788.58(a)(1), Plaintiff is a debt buyer as defined by
`5.
`California Civil Code )1788.50(a).
`
`6.
`
`Attached hereto are records regarding the accounts and/or payments received.
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`CA 0 I 32M File No.: 25-77373 SCP
`
`COMPLAINT
`
`
`

`

`FIRST CAUSE OF ACTION
`BREACH OF CONTRACT - AGAINST ALL DEFENDANTS
`Pursuant to California Civil Code )1788.58(a)(2), Plaintiff is seeking to recover the
`7.
`amount of $ 15,511.47 for the account listed in the First Cause of Action. This is the amount due on
`account number XXXXXXXXXXXX-5427 (" Account")'hich was originally issued by CITIBANK,
`N.A.. The amount due is the result of transaction: that occurred on the Account.
`Pursuant to California Civil Code $ 1788.58(a)(3), Plaintiff is the sole owner of the debt.
`8.
`Attached hereto is a true and correct copy of the Bill of Sale from CITIBANK, N.A. to Plaintiff. The
`account was purchased by the Plaintiff on April 24, 2024.
`Pursuant to California Civil Code sS1788.58(a)(4), the Account balance at the time of
`9.
`charge-off was $ 15,511.47.
`In accordance with California Civil Code )1788.58(a)(4), the following is an explanation
`10.
`of the amount that the Plaintiff is seeking to recover at the time of the filing of this Complaint:
`Charge-off Balance'-
`$ 15,511.47
`Total Post Charge-Off Interest
`Total Post Charge-OffFees'0.00
`Pursuant to California Civil Code )1788.58(a)(5), Plaintiff alleges that the date of default
`11.
`is November 01, 2022 and the date of the last payment was September 13, 2023.
`Pursuant to California Civil Code $ 1788.58(a)(6), Plaintiff alleges that the name of the
`12.
`charge-off creditor at the time of the charge-off is CITIBANK, N.A.. On information and belief the
`Plaintiff alleges that an address utilized by CITIBANK, N.A. at the time of charge-off was 5800 SOUTH
`CORPORATE PLACE SIOUX FALLS SD 57108. At the time of charge off the account number
`associated with the debt was XXXXXXXXXXXX-5427.
`Pursuant to California Civil Code )1788.58(a)(7), Plaintiff alleges that the name of the
`13.
`debtor as it appeared in the records of CITIBANK, N.A. is ERIC BUTLER and the last known address as
`it appeared in the records of CITIBANK, N.A. is 195 7TH ST APT 101 SAN FRANCISCO CA 94103.
`
`$0.00
`
`'ursuant to California Rule of Court and California Civil Code (1788.58(c) the Account number has
`been redacted to protect the Defendant's confidential information.
`'This amount may include the charged-off principal amount and pre-charge-off accrued interest as set
`forth in the seller data sheet attached hereto.
`3 This amount is not reflective of the costs incurred in the filing and service of this action which are
`recoverable pursuant to California Code of Civil Procedure $ 1033.5.
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`CA 0132M File No.: 25-77373 SCP
`
`COMPLAINT
`
`

`

`Pursuant to California Civil Code )1788.58(a)(8), Plaintiff alleges that the name and
`14.
`address of all post charge-off purchasers of the debt are as follows:
`Address
`Name
`350 CAMINO DE LA REINA SUITE 100 SAN
`MIDLAND CREDIT MANAGEMENT,
`DIEGO CA 92108
`INC.
`
`Pursuant to California Civil Code )1788.58(a)(9) Plaintiff alleges that it has complied
`15.
`with the provisions of Civil Code II1788.52 and that it informed Defendant of the assignment of the
`account.
`
`The Account balance at the time of charge-off was $ 15,511.47, attached hereto is a true
`16.
`and correct copy of a billing statement that was mailed to Defendant stating the balance due on the
`Account at or around the time of charge-off.
`Pursuant to California Civil Code II1788.58(b) attached hereto is a true and correct copy
`17.
`of a monthly statement recording a purchase transaction, payment or balance transfer while the account
`was active as required by California Civil Code 411788.52(b).
`By this complaint, Plaintiff seeks to recover amounts of $ 15,511.47 from Defendant.
`As alleged above, before filing this suit, all right, title and interest to the Account were
`19.
`sold and assigned to Plaintiff. Plaintiff owns the Account and is entitled to collect on the Account as if it
`were the original creditor. To the extent that Plaintiff acts in its capacity as successor-in-interest to the
`original creditor or its assigns, references herein to Plaintiff may include Plaintiffs predecessor-in-
`interest.
`
`18.
`
`Before commencement of this action, Plaintiff informed Defendant in writing that it
`20.
`intended to file this action and that this action could result in a judgment against Defendant that would
`include court costs allowed by California Code of Civil Procedure ) 1033(b)(2).
`Defendant opened, used, and derived benefit from the Account through Defendant's own
`21.
`use of the Account or by another's use at Defendant's direction. By using the Account, Defendant
`expressly agreed or impliedly promised to repay Plaintiff.
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`CA 0132M File No.: 25-77373 SCP
`
`COMPLAINT
`
`

`

`Within the last four (4) years, Defendant breached the agreement and became indebted
`22.
`on the Account to Plaintiff in the sum of $ 15,511.47.
`Plaintiff alleges that on or about October 02, 2019 an agreement to establish an account
`23.
`was made between Defendant and CITIBANK, N.A.. The essential terms of the agreement were to
`establish an account for use by Defendant. Defendant opened and derived benefit from the Account. By
`using the Account, Defendant expressly or impliedly promised to repay CITIBANK, N.A. Within the last
`four years, Defendant breached the agreement underlying the Account.
`On or about November 01, 2022 Defendant breached the agreement by failing to pay for
`24.
`transaction(s) made on the Account by the date and time set forth on the agreement.
`Plaintiff has performed all obligations to Defendant except those obligations Plaintiff
`25.
`was prevented or excused from performing.
`Plaintiff has made demand on Defendant for repayment of the account but Defendant has
`26.
`failed to pay the balance due. Plaintiff has suffered the damages legally caused by Defendant's breach of
`the agreement.
`
`As of the date of this complaint there is due and owing the unpaid sum of $ 15,511.47.
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`This amount was arrived by subtracting all payments and applying all credits (if any) to the charge-off
`balance of $ 15,511.47 as indicated on the charge-off statement.
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`CA 0132M File No.: 25-77373 SCP
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`COMPLAINT
`
`

`

`SECOND CAUSE OF ACTION
`BREACH OF CONTRACT - AGAINST ALL DEFENDANTS
`Pursuant to California Civil Code $ 1788.58(a)(2), Plaintiff is seeking to recover the
`28.
`listed in the Second Cause of Action. This is the amount due on
`amount of $2,341.04 for the account
`account number XXXXXXXXXXXX-3302 (" Account")'hich was originally issued by CITIBANK,
`N.A.. The amount due is the result of transactions that occurred on the Account.
`Pursuant to California Civil Code )1788.58(a)(3), Plaintiff is the sole owner of the debt.
`29.
`Attached hereto is a true and correct copy of the Bill of Sale from CITIBANK, N.A. to Plaintiff. The
`account was purchased by the Plaintiff on April 24, 2024.
`Pursuant to California Civil Code )1788.58(a)(4), the Account balance at the time of
`30.
`charge-off was $2,341.04.
`In accordance with California Civil Code II1788.58(a)(4), the following is an explanation
`31.
`of the amount that the Plaintiff is seeking to recover at the time of the filing of this Complaint:
`Charge-offBalance-'2,341.04
`Total Post Charge-Off Interest
`Total Post Charge-OffFees'0.00
`Pursuant to California Civil Code )1788.58(a)(5), Plaintiff alleges that the date of default
`32.
`is October 07, 2022 and the date of the last payment was September 13, 2023.
`Pursuant to California Civil Code (1788.58(a)(6), Plaintiff alleges that the name of the
`33.
`charge-off creditor at the time of the charge-off is CITIBANK, N.A.. On information and belief the
`Plaintiff alleges that an address utilized by CITIBANK, N.A. at the time of charge-off was 5800 SOUTH
`CORPORATE PLACE SIOUX FALLS SD 57108. At the time of charge off the account number
`associated with the debt was XXXXXXXXXXXX-3302.
`Pursuant to California Civil Code )1788.58(a)(7), Plaintiff alleges that the name of the
`34.
`debtor as it appeared in the records of CITIBANK, N.A. is ERIC BUTLER and the last known address as
`it appeared in the records of CITIBANK, N.A. is 195 7TH ST APT 101 SAN FRANCISCO CA 94103.
`
`$0.00
`
`'ursuant to California Rule of Court and California Civil Code )1788.58(c) the Account number has
`been redacted to protect the Defendant's confidential information.
`-'his amount may include the charged-off principal amount and pre-charge-off accrued interest as set
`forth in the seller data sheet attached hereto.
`3 This amount is not reflective of the costs incurred in the filing and service of this action which are
`recoverable pursuant to California Code of Civil Procedure $ 1033.5.
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`CA 0132M file Vio.: 25-77373 SCP
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`COMPLAINT
`
`

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`Pursuant to California Civil Code I11788.58(a)(8), Plaintiff alleges that the name and
`35.
`address of all post charge-off purchasers of the debt are as follows:
`Name
`Address
`350 CAMINO DE LA REINA SUITE 100 SAN
`MIDLAND CREDIT MANAGEMENT,
`DIEGO CA 92108
`INC.
`
`Pursuant to California Civil Code (1788.58(a)(9) Plaintiff alleges that it has complied
`36.
`with the provisions of Civil Code )1788.52 and that it informed Defendant of the assignment of the
`account.
`
`The Account balance at the time of charge-off was $2,341.04, attached hereto is a true
`37.
`and correct copy of a billing statement that was mailed to Defendant stating the balance due on the
`Account at or around the time of charge-off.
`Pursuant to California Civil Code )1788.58(b) attached hereto is a true and correct copy
`38.
`of a monthly statement recording a purchase transaction, payment or balance transfer while the account
`was active as required by California Civil Code $ 1788.52(b).
`By this complaint, Plaintiff seeks to recover amounts of $2,341.04 from Defendant.
`As alleged above, before filing this suit, all right, title and interest to the Account were
`40.
`sold and assigned to Plaintiff. Plaintiff owns the Account and is entitled to collect on the Account as if it
`were the original creditor. To the extent that Plaintiff acts in its capacity as successor-in-interest to the
`original creditor or its assigns, references herein to Plaintiff may include Plaintiffs predecessor-in-
`interest.
`
`39.
`
`Before commencement of this action, Plaintiff informed Defendant
`in writing that it
`41.
`intended to file this action and that this action could result in a judgment against Defendant that would
`include court costs allowed by California Code of Civil Procedure sS 1033(b)(2).
`Defendant opened, used, and derived benefit from the Account through Defendant's own
`42.
`use of the Account or by another's use at Defendant's direction. By using the Account, Defendant
`expressly agreed or impliedly promised to repay Plaintiff.
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`CA 0132M File No.: 25-7739I SCP
`
`COMPLAINT
`
`

`

`Within the last four (4) years, Defendant breached the agreement and became indebted
`43.
`on the Account to Plaintiff in the sum of $2,341.04.
`Plaintiff alleges that on or about October 27, 2011 an agreement to establish an account
`44.
`was made between Defendant and CITIBANK, N.A.. The essential terms of the agreement were to
`establish an account for use by Defendant. Defendant opened and derived benefit from the Account. By
`using the Account, Defendant expressly or impliedly promised to repay CITIBANK, N.A. Within the last
`four years, Defendant breached the agreement underlying the Account.
`On or about October 07, 2022 Defendant breached the agreement by failing to pay for
`45.
`transaction(s) made on the Account by the date and time set forth on the agreement.
`Plaintiff has performed all obligations to Defendant except those obligations Plaintiff
`46.
`was prevented or excused from performing.
`Plaintiff has made demand on Defendant for repayment of the account but Defendant has
`47.
`failed to pay the balance due. Plaintiff has suffered the damages legally caused by Defendant's breach of
`the agreement.
`
`As of the date of this complaint there is due and owing the unpaid sum of $2,341.04.
`48.
`This amount was arrived b& subtracting all payments and applying all credit. (if any) to the charge-off
`balance of $2,341.04 as indicated on the charge-off statement.
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`CA 0132M File No.: 25-77391 SCP
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`COMPLAi~l~
`
`

`

`WHEREFORE, Plaintiff prays for judgment against Defendant as follows:
`On the First and Second Cause of Action:
`For the unpaid balance of $ 17,852.51;
`Costs of suit;
`Such other relief as the Court may deem just and proper.
`
`1.
`
`2.
`
`3.
`
`Dated: March 25, 2025
`
`Midland Credit
`
`na e
`
`ent, Inc.
`
`By:
`
`ROBERT K. HANNA
`JUNQIAO XIAO
`HYO JIN JULIA JUNG
`jg@ICHAEL D. KAHN
`LAMONT FREEMAN
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`CA 0132M File No.: 25-77373 SCP
`
`COMPLAINT
`
`

`

`EXHIBIT A
`EXHIBIT A
`
`

`

`Oocusign Envelope IQ: 442FO2C5-24CB-4585-9023-272AE74AFOFA
`
`Contract ID: MC8MUMAA120623
`Addendum ID: MC8MUMAA I 21423C2
`Document ID: 041124MC 1 MU4FMB 1
`
`BILL GF SALE AND ASSIGNMENT
`March 2022 Brands Fresh 180 Day Flow Lot 2
`
`THIS BILL OF SALE AND ASSIGNMENT dated April 24, 2024, is by Citibank, N.A., a nationa1
`banking association organized under the laws of the United States, located at 5800 South Corporate
`Place, Sioux Falls, SD 57108 (the "Bank") to Midland Credit Management, Inc., a corporation organized
`under the laws of the State 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 December 6, 2023 between Buyer and the Bank (the "Master Purchase Agreement"), and that
`certain Addendum No. 2 dated December 14, 2023 between Bank and Buyer (the "Addendum,"
`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 the Final Electronic File.
`Capitalized terms not defined herein shall have the definition ascribed in the Agreement.
`
`%'ith 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 atl 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 v as 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.
`
`(Signature)
`Brandy Reardon
`
`Name:
`
`Midland Credit Management, Inc.
`DoeuSigned by
`
`(Signature)
`oanielle wohlfehrt
`
`Title:
`
`Authorized Pat
`
`Title: MVP BD k Strate ic Partnershi s
`
`Midland 120623
`
`

`

`DocuSign Enveiope 1D: 47582491-12CD-40F2-8612-58380BC9E3CE
`
`Contract ID: MCBMUMAA120623
`Addendum ID: MCSMUMAA121423C2
`Document ID: 041124MC 1 MU4FMA1
`
`Fxhibit A to Sill of Sale
`
`The individual Accounts transferred are described in the Final Electronic File named Midland-BrantL~-Fresh-Flow-
`Lot2-0424 and delivered by the Banl- to Buyer, the same deemed attached hereto by this reference.
`I of
`Accounts
`
`Lot
`
`Sale ID
`
`Sale Balance
`
`Cut-Off
`Date
`
`Purchase Price
`Percentage
`
`Brands Fresh Flow Lot 2
`
`041124MC1MU4F M
`
`4/11/2024
`
`Midland 120623
`
`

`

`Docusign Envelape lD: 4i SB2491-12CD-4OF2-B612-583BOBC9E3CE
`
`Contract 10: MC8MI IMAAI 20623
`Addendum 1D: MCSMUMAA121423C2
`Docutnent ID: 041124MCI MU4FMG1
`
`State of Missouri
`County of Platte
`
`Terri Bergman, being duly sworn, deposes and says:
`
`I am an authorized employee of Citibank, N,A. (*'CBNA") located at 5800 South Corporate Place, Sioux
`Falls, SD 57108, am authorized to make the statements and representations herein and.l am over 18 years
`of age.
`In this position, I have access to thc creator's books and records and am aware of the process of
`the sale of accounts and electronic storage of business records,
`
`On or. about April 24, 2024, GBNA sold a pool of charged-off accounts (the Accounts) by a Master
`Purchase and Sale Agreement dated December 6, 2023, Bill of Sale, and Addendum No. 2 dated December
`14, 2023 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 a1a are of any errors in the information provided about the Accounts. The above statements are
`true to the best of my knowledge.
`
`Stgngtture
`
`Name
`
`Terri Bergman
`
`Sg
`
`) )
`
`State of Missouri
`
`County of Platte
`
`On thisL day of~re
`
`202Jhefore tne, the undersigned notary, personally appeared
`I d6p* d I
`I 6
`Ten( 99
`I
`attached document in my presence and who swore or af5rmed to me that the contents of the document
`are truthful and accurate to the best of his/her knowledge and belief.
`
`~Ph '
`
`.
`
`tSEAL]
`
`CAROLYH E. HUGHES
`Hotary Isubltc - ttetary Seal
`dacltsot1 Countsgt ~ State of Iasoautrt
`Commlsstoa IttLtmbar 14927304
`ttay Coeelssictll Kxptras Sar, 24, 203k
`
`Mid,land 129623
`
`

`

`Field
`Account Number
`First Name
`Last Name
`SSN
`Date of Birth
`Address 1
`Address 2
`City
`State
`ZIP
`Open Date
`Last Purchase Date
`Last Payment Date
`Last Payment Amount
`Sale Amount
`Charge Off Date
`Charge off Balance
`Post Charge Off Interest
`Post Charge off Fe
`Post Charge off Payments
`Post Charge off Payments
`Post Charge off Credits
`Affinity
`Alternate Account ¹1
`Alternate Account ¹2
`
`and Credits
`
`427
`
`Field Data
`
`ERIC
`BUTLER
`XXX-XX-8974
`
`195 7TH ST
`APT 101
`SAN FRANCISCO
`CA
`94103
`10/02/201 9
`10/05/2022
`09/1 3/2023
`$372.00
`$ 15,511.47
`03/05/2024
`$15,511.47
`$0.00
`$0.00
`$0.00
`$0.00
`$0.00
`DOUBLE CASH
`4250
`0846
`
`Account information provided by Citibank, N.A. pursuant to the Bill of Sale/Assignment of Accounts transferred on or
`about 04/24/2024 in connection with the sale of accounts from Citibank, N.A. to Midland Credit Management, Inc.
`
`Midland-Brands-Fresh-Flow-Lot2-0424
`041124MC1MU4FM
`
`

`

`EXHIBIT B
`EXHIBIT B
`
`

`

`I ~
`
`e
`
`~
`
`4
`
`ERIC BUTLER
`Meiiioei 5 i[ice 2019 A coa»t iiui»b
`o ri d: 09/06/23-10/04/23
`Hf fll» g
`
`eiidirig iii: 5427
`
`OCTOBER STATEMENT
`S372.00
`Minimum pay ment due:
`New balance as of 10/04/23:
`$ 14,B81.12
`Payment due date:
`11/01/23
`S ee the last pade ol this stateMi e»t for lmpa-tant in[OI GATI 3t ion a oout lnw tO
`avoid payi 1g interest on purchases.
`
`Late Payment Warning: f we do not receive your minimum oayrnent by toe
`date listed above, yoiJ»lay have to pay a ate tee of'p to S41 and your APRs
`*'ildy oe file['Las'l up to tile Peilalty APR oi 29.99Vo.
`Minimum Payment Warning: If you make only the minimum payment each
`period, you will oay mo "e io intei est and it will take you longe'o pay off your
`balaii: e. =o:: exa»pie:
`If you make no additional
`charoes using this card
`and each month you pay...
`
`You will pay o[f the
`balance shown o» this
`statement in about...
`
`And you will end up
`ayfng an estimated
`otal of...
`
`0'ily Ine 'iii»iiiiuiii Peyi»e'it
`
`4 yea &sj
`
`SIB,OS2
`@&17 244
`',5 a v I n g s = S 838 I
`=n I lfnrmatln i about;redit counsell ig ser, lees, call I 877 337 8157.
`
`$ 479
`
`3 yea (s)
`
`Blllfng Inquiries and Customer Service
`
`BOX 6500 SIOUX FA ', S 3 5, 117
`
`1-855-473-4583, (TTY: 711)
`www,citicard s.corn
`
`You are in a payment program & are required
`to pay at least the payment program amount
`of S372.00. This may be less than the total
`i[llili iilui[1 pay i'Iie»t due, which irii. iu des the
`program payment amount plus any past due
`amounts and any overlimit amounts.
`Account Summary
`Pi evious bala[ice
`I'ayments
`Credits
`Purchases
`Cash advances
`Fees
`Interest
`New balance
`
`S15,135,84
`-S3 ( 2.00
`-SO.OO
`+ S0.00
`+SO.OO
`+ SO.OQ
`+S117.28
`$ 1 4,88 1.1 2
`
`Credit Limit
`Credit limit
`Includes SO:ash advance limit
`
`SI 7,41 0
`
`F'r Payments, send check to: C IT I CARDS, PO BOX 78045, PHOENIX, AZ, 85062-8045
`
`Pay your bill from virtually anywhere
`with the Cltl Mobile 'pp and Cltl Onll»e
`
`Ta download:
`Text 'App15'o Mycltl (6924841
`or go to you- device's app stn-e.
`Or visit www.cftlcafds.com
`
`Minimum payment due
`New balance
`Payment due date
`
`Amount enclosed:
`
`$372.0
`$ 14, 8 81.1
`1 1/0 1/2
`
`Account number ending in 5427
`Please make check payable to CITI CARDS.
`
`CITI CARDS
`PO BOX 78045
`PHOENIX, AZ 85062-8045
`
`000000 x4C 44 A 0
`
`ERIC BUTLER
`195 7TH ST
`APT 101
`SAN FRANCISCO CA 94103-5803
`
`l CrlflA rlrl'3 "laflrl
`
`l » a al 1 H
`
`llfl 3 I'orlfl
`
`fl
`
`C I
`
`I D "l
`
`fl D fl I &
`
`

`

`www.cltlcards.corn
`
`ERIC BUTLER
`
`Account Summary
`I rans.
`Post
`date
`date
`
`Descr ratio!!
`
`Payments, Credits and AdJustments
`09/I3
`EIECTRONIC PAYMENT-, HANK YOU
`
`Fees charged
`Total fees charged in this billing period
`
`Interest charged
`"ate
`Desc-iption
`IO/34
`INT=R=ST HARGED TO STANDARD PURCH
`- H-S I
`'HAHGED li& BA I HNOI I- -H
`IO/04
`IN I
`INT:REST "CHARGED TO PUR PR-01/26/22.
`10/04
`Total interest charged ln this billing period
`, 2023 totals year-to-date
`Total fees charged in 2023
`Total interest charged In 2023
`
`l ~
`
`I
`
`Customer Service 1-855-473-4583
`(TTY: 711)
`
`Page 2 of
`
`Af lip silt
`
`-$372.00
`
`$0. 00
`
`Ama.int
`
`$51.0 I
`So.46
`$ 55.BI
`$ 117.28
`
`$ 0. 00
`$ 1,319,22
`
`Interest charge calculation
`Days lo blllirig cycle: 29
`Your Annual percentage Rate IAP R) is the annual interest ate on You. accouni.
`Annual percentage Balance subJect
`rate (APR& to interest rate
`
`Interest charge
`
`Balance type
`i PUR HASES
`Sta id'
`ourch
`Ba I TrnOI ier 4
`Pu- o- 012622
`'DVANCES
`Sta ida-d Adv
`
`I
`
`9.90 /o
`9 90'&
`9.90o/o
`
`9.90o/o
`
`$7,757.30 (0!
`S 5'/. 91 ( 0)
`$ r,095.54 (D!
`
`$0.00 (Dj
`
`$ 51.01
`$0.46
`$ 55.81
`
`S0.00
`
`3
`
`You, Aor1Ual Pe ceniage Rate (APR! is the annual hrterest r ate oo your ac ount. APRs rol oivecr
`by (Vj may vary. Balances rollowed oy (Dj a e cietermlhed by Ihe daily balance method
`(including current t.ansactions).
`Account messages
`You are in a payment progi ani 6 are I equired to pay at least the payment
`pr ogr arri arrrourit vf $372.00. This iriay be less thari the total i»iiiiiiiuiii
`payrr)er)tdue, which iricludes the progr airs payrrierit arriourit plus arly past due
`air)our) ts ari(l ar)y overliinit arr)ounts.
`
` 2023 Citibank, N.A.
`
`Citi, Citi and Ai.c Design and other marks used herein ai e service marks of
`Citigr oup fiic. oi its affiliate~, used arid iegistered thioughout the world.
`
`

`

`EXHIBIT C
`EXHIBIT C
`
`

`

`e ~
`
`a
`
`ERIC SUTLER
`Meiiloef Sii:ce 2019 A cu Jut flufilb'
`Billing oe "iod:02/06/24-03/05/24
`
`ei idling I'I: 5427
`
`MARCH STATEMENT
`Minimum payment due:
`New balance as of 03/05/24:
`Payment due date:
`
`$15,511.47
`815,511.47
`03/05/24
`
`f wa do not r ceive your rriinimum payment by tne
`Late Payment Warning:
`date list. d a-ove, you may have to pay a at
`fi e of up to S4I aild foUI" APRs
`:nay oe iiici eas" d Up tu the Peiialty APR ut 29.99'yc.
`oeriod, you will oay mo "e i&intel est and it will take yoU long 'o pay off your
`Mfnlmurn Payment Warning: If you make only th minimum payment each
`balarIce. =u:: exa Ilple:
`You will pay off the
`If you n.ake no additional
`balance shown on this
`charges using this card
`statement in about..
`and each month you pay..
`
`And you will end up
`aylng an estimated
`otal of...
`
`Oiil y I 1e iiiiliiiiuiil pay I I e 'ii
`:-o- iiformatioi al?out ciedi! counseling services, calli.8(7-33f.8188.
`
`I UI out nls)
`
`515,511
`
`Blllfng Inquiries and Custoiner Service
`BOX 6500 SIC U X FA LS, 5 3 57117
`1-855-473-4583 (I TY: i'l)
`www,citicards.con;
`
`you are in a payment program tx are required
`to pay at least the payment program amount
`oi 5372.00. This may be less than the total
`Iiliiliinuill pay iile nt due, which ill eludes the
`program payment amount plus any past due
`amounts and any overlimit amounts.
`Account Summary
`PI eviuus balailce
`Payments
`Credits
`Purchases
`Cash advances
`Fees
`Interest
`New balance
`
`515,389.98
`-Su.00
`-50.00
`+50.00
`+SO.00
`+ SO,OO
`+$121.49
`$15,511.47
`
`Credit Limit
`Credit limit
`Includes $ 0 =ash a:vance limit
`
`Q/,410
`
`For Payments, send check to: CITI CARDS, PO BOX 78045, PHOENIX, AZ, 85062-8045
`
`Pay your bill from virtually anywhere
`with the Citl ivlobile App and Cltl 'nline
`To download:
`Text 'Appls'G MyCItl (692484)
`Gl go to YGLI" device's app sto.e.
`OI vislI www.citlcards.cpm
`
`Minimum payment due
`New ba la nce
`Payment due date
`
`Amount enclosed:
`
`$15,511,4
`$15,511.4
`03/05/2
`
`Account number ending in 5427
`Please make check payable to CITI CARDS.
`
`C ITI CARDS
`PO BOX 78045
`PHOENIX, AZ 85062-8045
`
`000000 vIC 44 A 0
`
`ERIC BUTLER
`195 7TH ST
`APT 101
`SAN FRANCISCO CA 94103-5803
`
`1CI1ncl 1CC11 II 1 1CC11 I&
`
`I
`
`I1n3 lDnnn
`
`ciI&n nann
`
`

`

`www.cltfcard s.corn
`
`ERIC BUTLER
`
`Account Summary
`I'ost
`I rans.
`date
`date
`
`Desciiatioii
`
`Fees charged
`Total fees charged in this billing period
`
`Interest charged
`Date
`Desc iption
`IN I:H':S I
`03/05
`'HAKLIEL) IG S IANL)AHi& PURL H
`03/05
`INT=R=ST "MARGED TO BA'RNOFF=R
`03/05
`INTER:ST "BARGED TG PUR PR.D1/Z6/ZZ.
`Total interest charged In this billing period
`2024 totals year-to-date
`Total fees charged in ZDZ4
`Total interest charged in ZOZ4
`
`Customer Service 1.855-473.4583
`(TTY: 7II)
`
`Page Z ofi
`
`Aiiiu Jilt
`
`So. Do
`
`Amo.int
`$ 63.45
`$ 0.47
`$ 57. 57
`S121 49
`
`So.oo
`$ 378 06
`
`Interest charge calculation
`Days i" biliirig cycle: 29
`Your Annual Percentage Rate IAPR) is the annual int rest ate nn you- account.
`Annual percentage Balance subject
`rate (APR& to interest rate
`
`Interest charge
`
`Balance type
`PUR" HAS ES
`Sta )da-d ourch
`Bal I rnGffer 4
`Pu- o-0126ZZ
`
`AE&VANOES
`Standa-d Adv
`
`9 90%
`9.90%
`9.90%
`
`9 90%
`
`SH,06(j.)Z ( &)
`$ 60.23 (3)
`$7.3ZD.ZI (0)
`
`$ 0 00 ( n
`
`So'5
`$ 0.4.
`$ 57 57
`
`SD.OD
`
`yo i- Annual Pe-centage Rate (APR& is toe annual interest rate on your account. APMs fol owed
`by (Y) may vary, t&alances followed ay (L» a e determmed by the daily balance method
`{indi idinq current t-ansactions). Salances followed by (A& are determined oy t )e average daily
`balance method.
`Account messages
`I lease note that iF we received your'ay by phone or online payifient between
`b p.m. E I and midnight El on the last de)y of your billing period, your payment
`was credited as of the date of receipt, but will not be reflected until your next
`statement.
`Qc 2023 Citibank, N,A.
`Citi, Citi and Arc Design and other marks used herein are seivice inaiks of
`C itigroup lnc. or its affiliates, used and registered throughout the v!orld.
`
`

`

`Exhibit D
`Exhibit D
`
`

`

`OocuSign Envelope lD: 442FD2CS-24CB-4585-9023-272AE74AFOFA
`
`Contract ID: MC8MUMAA I 20623
`Addendum ID: MC8MUMAA121423C1
`Document ID: 0411241vlC1MU3FMB I
`
`BILL OF SALK AND ASSIGNMENT
`September 2021 Brands Fresh 180 Day Flow Let 1
`
`THIS BILL OF SALE AND ASSIGNMENT dated April 24, 2024, 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 (the "Bank") to Midland Credit Managelnent, Inc., a corporation organized under the laws of the State
`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
`December 6, 2023 between Buyer and the Bank (the "Master Purchase Agreement"), and that certain
`1 dated December 14, 2023 between Bank and Buyer (the "Addendum," together with the Master
`Addendum No.
`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 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.
`
`Brandy Reardon
`
`Name:
`
`Midland Credit Management, Inc.
`71/
`
`(Signature)
`
`. Dani elle lNohl fehrt
`Name:
`
`Authorized P
`
`Title: MVP BD Sc Strate ic Partnershi s
`
`Midland 120623
`
`

`

`Contract ID: MC8 MUMAA120623
`Addendum ID: MCSMVMAA121423C1
`Document ID: 041124MC I MV3FMA I
`
`Exhibit A to Bill of Sale
`
`The individual Accounts transferred are described in the Final Electronic File named Midland-Brands-'Fresh-Flow-
`Lot I -0424 and delivered by the Bank to Buyer, the same deemed attached hereto by this reference.
`¹of
`Accounts
`
`Sale Balance
`
`Cut-Off
`Date
`
`Purchase Price
`Percentage
`
`Lot
`
`Sale 10
`
`Brands Fresh Flow Lot 1
`
`041124MC1MU3FM
`
`Midland 120623
`
`

`

`Contract ID: MC8MUMAA120623
`Addendum ID: MC8MUMAA I 21423C I
`Document ID: 041124MCIMU3FMG1
`AFFIDAVIT OF SALE OF ACCOUNTS
`
`State of Missouri
`County of Platte
`
`Terri Bergtnan, being duly sworn, deposes and says:
`
`I am an authorized employee of Citibank, N.A. ("CBNA"} located at 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 storage ofbusiness records.
`
`On or about April 24, 2024, CBNA sold a pool of charged-off accounts (the Accounts} by a Master
`Purchase and Sale Agreement dated December 6, 2023, Bill ofSale, and Addendum No. 1 dated December
`14, 2023 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.
`
`EXECUTED oft
`
`Terri Bergrnart
`
`ss
`
`) )
`
`)
`
`State of Missouri
`
`Cotosty of FIatte
`
`day of
`
`On this
`
`20& before me, the undersigned notary, personally appeared
`, personally known to me to be the person