14-CV-21-3644
`
`Filed in District Court
`State of Minnesota
`10/20/2021 5:48 PM
`
`PLAINTIFF’S AFFIDAVIT
`
`ss.
`
`))
`
`STATE OF NEW YORK
`COUNTY OF WESTCHESTER)
`
`Rosie Lane, being first duly sworn, deposes and states as follows:
`I am employed by Cavalry Portfolio Services, LLC (“CPS”). CPS performs collections
`1.
`services for Cavalry SPV l, LLC ("Plaintiff").
`l am an authorized agent of the Plaintiff, l am familiar
`with Plaintiff‘s business records, and l have access to the computer-generated business records of
`Plaintiff.
`2. Afflant is knowledgeable in the business records retention practices of the Plaintiff.
`Plaintiffs records are maintained with a high degree of accuracy.
`3. The Defendant(s), DUANE THlEL, is the holder of a credit account issued by the original
`creditor with the account number ending with XXXXXXXXXXXX0182. Defendant(s) used this
`account for purchases of goods and services.
`4. Based on my review of Plaintiff‘s records, at no time prior to the commencement of
`this action did Defendant(s) communicate to Plaintiff any unresolved disputes with respect to this
`account. Attached hereto is a true and correct copy of statements as Exhibit "A". Attached hereto
`as Exhibit "B" is a true and correct copy of the assignment documentation. Attached hereto is a
`true and correct copy of the terms and conditions as Exhibit C. These documents were maintained
`in the ordinary course of business.
`5. As of 05/ 1 1/2021 , the records of CPS and Plaintiff show that the Defendant(s) owed a
`balance of$l,452.73.
`6. Defendant(s) has made no claim of being an active member in the military sen/ices of
`the United States or any state thereof, and to the best of my knowledge, information and belief; the
`Defendant(s) is not an active member in the military service. Nor has Defendant(s) requested
`reduction of the interest rate on the account to 6% pursuant to the Servicemembers Civil Relief Act.
`
`

`

`14-CV-21-3644
`
`Filed in District Court
`State of Minnesota
`10/20/2021 5:48 PM
`
`7. Your affiant makes this affidavit in support ofPlaintifi‘s motion for entry ofjudgment.
`
`FURTHER YOUR AFFIANT SAYETH NOT.
`
`,7 wLei/w </‘
`
`Name: Rosie Lane
`Title: Legal Administrator
`
`09/08/2021
`
`Subscribed and sworn to before me
`//
`,//
`/
`
`/
`
`Eileen Fitzgerald
`Notary Public — Sta of New York
`\‘3
`No. OlFl6349490
`Qualified in Westchester County
`Commission Expires October 17, 2024
`
`21491175
`
`

`

`Department of Defense Manpower Data Center
`
`14-CV-21-3644
`
`Filed in District Court
`State of Minnesota
`10/20/2021 5:48 PM
`Results as of: Sep~06-2021 08:13:26 PM
`
`SC RA 5.9
`
`Status Repert
`Pursuant to Smicememhers Civil Relief Act
`SSN: —
`THIEL
`DUANE
`
`Birth Date:
`Last Name:
`First Name:
`Middle Name:
`Status As Of:
`Certificate lD:
`
`Sep-O6-2021
`98PKXCZBBLD28DF
`
`Active Duty Start Date
`NA
`
`On Active Duty On Active Duty Status Date
`Active Duty End Date
`V
`NA .,
`No
`This response reflectsrtheindividuals'lactive duty status based on the Active Duty Status Date
`
`“
`
`V
`
`Status
`
`Service Component
`NA
`
`Active Duty Start Date
`NA
`
`Left Active Duty Withln 367 Days of Active Duty Status Date
`Active Duty End Date
`Status
`NO
`NA
`This response reflects where theindividual left active duty status within 367 days preceding the ActiveDuty Status Date
`
`Service Component
`NA
`
`Order Notification Start Date
`NA
`
`The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date
`Order Notification End Date
`Status
`
`NA4
`No,
`This response reflects whether the individual or his/her unit has received early notification to report for active duty
`
`Service Component
`NA
`
`Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of
`the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy Marine Corps Air Force, NOAA Public Health, and
`Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty
`
`WLVW
`
`Michael V. Sorrento, Director
`Department of Defense - Manpower Data Center
`400 Gigling Rdt
`Seaside, CA 93955
`
`

`

`Filed in District Court
`State of Minnesota
`10/20/2021 5:48 PM
`The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DOD) that maintains the Defense Enrollment and Eligibility
`Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems.
`
`14-CV-21-3644
`
`The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 3901 et seq) as amended) (SCRA) (formerly known as
`the Soldiers‘ and Sailors‘ Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the
`individual is currently on active duty“ responses, and has experienced only a small error rate. In the event the individual referenced above, or any family
`member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the
`protections of the SCRA. you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service. Service contact
`information can be found on the SCRA website's FAQ page (Q35) via this URL: httpszllscradmdoosd.mil/scra/#/taqs.
`If you have evidence the person
`was on active duty for the active duty status date and you tail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked
`against you. See 50 USC App. § 3921(c).
`
`This response reflects the following information:
`(1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active
`Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active
`duty on the Active Duty Status Date
`
`More information on "Active Duty Status"
`Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less
`than 30 consecutive clays in length were available.
`In the case of a member of the National Guard, this includes service under a call to active service
`authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the
`President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the
`unit they support This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve
`Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S.
`Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps).
`
`Coverage Under the SCRA is Broader in Some Cases
`Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be
`reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods.
`Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1).
`
`Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website
`certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service.
`Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not
`actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA
`extend beyond the last dates of active duty.
`
`Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA
`are protected
`
`WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing
`erroneous information will cause an erroneous certificate to be provided.
`
`

`

`14-CV-21-3644
`
`Exhibit A
`
`Filed in District Court
`State of Minnesota
`10/20/2021 5:48 PM
`
`

`

`14-CV-21-3644
`
`Filed in District Court
`State of Minnesota
`10/20/2021 5:48 PM
`
`Citi® Double Cash Card
`
`DUANE THIEL
`Member Since 2015 Account numberending in:0182
`Billing Period106/05/19-07/02/19
`
`JULY STATEMENT
`$1,482.89
`Minimum payment due:
`New balance as of 07/02/19:
`$1,482.89
`07/28/19
`Payment due date:
`Seethe back of this statement for important information about how to avoid
`paying Interest on purchases.
`
`Late Payment Warning:lf we do not receive your minimum payment by the
`date listed above, you may have to pay a late fee of up to $39 and your APRs
`may be increased up to the Penalty APR of 29.99%.
`Minimum Payment Warnlnq:|f you make only the minimum payment each
`period, you will pay more in interest and it will take you longer to pay off your
`balance. For example:
`if you make no additional
`charges using this card
`and each month you pay...
`
`You will pay off the
`balance shown on this
`statement in about...
`
`And you will end up
`an estimated
`otal of...
`{)aying
`
`www.clticards.com
`Customer Service 1-855-473-4583
`TTY-hearing-impaired services only 18003252865
`BOX 6500 SIOUX FALLS, SD 57117
`Account Summary
`PreV‘OUS balance
`Péyments
`C'ed'ts
`Purchases
`Cash advances
`Fees
`Interest
`New balance
`Credit L'm't
`Credit limit
`includes $300 cash advance limit
`
`5145373
`'50-‘30
`'50‘00
`+SO'OO
`+5000
`+$0.00
`”“330-15
`$1,482.89
`
`$1,000
`
`Only the minimum payment
`1 month(s)
`$1,483
`For information about credit counseling services, call 18773378188.
`
`Pay your bill from virtually anywhere
`with the Cltl Mobile® App and CltlE‘ Onllne
`; To download:
`Text 'ApplS' to MyClti (692484)
`or go to your device's app store.
`Or visit www.cltlcards.com
`
`Cit!
`
`Minimum payment due
`New balance
`Payment due date
`
`Amount enclosed:
`
`$1,482.89
`$1,482.89
`07/28/19
`
`000000 MC 32 A 0
`
`DUANE THIEL
`1947 29TH STREET CIR S
`MOORHEAD MN 56560-3918
`
`Account number ending in 0182
`
`CITI CARDS
`PO BOX 78045
`Phoenix. AZ 85062-8045
`
`

`

`www.citicards.com
`DUAE THIEL
`
`Account Summary
`Trans.
`Post
`date
`date
`
`Description
`
`Fees charged
`Total fees charged In this billing period
`
`Interest charged
`Date
`Description
`ireaggi'aiieééararerstatesman}:
`59762
`anti‘"‘““""‘iii‘igét's‘i’éii'teééb"ia'S'iiiib’Aébauee
`5—;265‘"‘""'"‘irrigate?'5literatei51tii§iiél622§éfiii
`Total Interest charged In this billing period
`2019 totals year-to-date
`Total fees charged in 2019
`Total interest charged in 2019
`Interest charge calculation
`
`14-CV-21-3644
`
`Customer Service 1-855-7-483
`TTYhearing'impaired services only 1800352865
`
`Filed in District Court
`State of Minnesota
`10/20/2021 5:48 PM
`Pge 2 of 2
`
`Amount
`
`$0.00
`
`Amount
`
`“$562;
`
`gig—gag
`s112%
`$30.15
`
`$216.00
`$191.13
`
`Days in billing cycle:28
`
`rate (AP )
`
`to interest rate
`
`Interest charge
`
`$68209(D)
`$639.96 (D)
`
`ff'TZIIiiiiIIIi1iiiIIIIjIIII""""""""""""""""""""""""""""s666165
`27.49% (V)
`Adv Pr 042517
`$145.17 (D)
`
`éié’é'é:
`$11 41
`
`$553
`$3.06
`
`Your Annual Percentage Rate (APR) is the annual interest rate on your account. APRs followed
`by (V) may vary. Balances followed by (D) are determined by the daily balance method
`(Including current transactions).
`Account messages
`Coming in Fall 2019 your Citfi Double Cash Card will allow you to convert your
`cash rewards to ThankYou® Points which can be redeemed for gift cards,
`travel, purchases at select retailers, and more. For more details, please review
`the terms and conditions of your Citi Double Cash Card and the terms and
`conditions at wwwthankyoucom.
`Please note that if we received your pay by phone or online payment between
`5 pm. ET and midnight ET on the last day of your billing period, your payment
`will not be reflected until your next statement.
`©2018 Citibank, NA.
`Citi, Citi with Arc Design are registered service marks of Citigroup Inc.
`
`

`

`14-CV-21-3644
`
`Filed in District Court
`State of Minnesota
`10/20/2021 5:48 PM
`
`Citi® Double Cash Card
`
`DUANE THIEL
`Member Since 2015 Account number ending in:0182
`Billing Period:05/O3/19-05/04/19
`
`JUNE STATEMENT
`$937.05
`Minimum payment due:
`New balance as of 06/04/19:
`$1,452.73
`06/28/19
`Payment due date:
`Seethe back of this statement for important information about how to avoid
`paying Interest on purchases.
`
`Late Payment Warning: if we do not receive your minimum payment by the
`date listed above, you may have to pay a late fee of up to $39 and your APRs
`may be increased up to the Penalty APR of 29.99%.
`Minimum Payment Warninq:lf you make only the minimum payment each
`period, you will pay more in interest and it will take you longer to pay off your
`balance. For example:
`if you make no additional
`charges using this card
`and each month you pay...
`
`You will pay off the
`balance shown on this
`statement in about...
`
`And you will end up
`an estimated
`
`payingotai of...
`
`Only the minimum payment
`
`3 year(s)
`
`$1,718
`
`For information about credit counseling services.caii1-877-337-8188.
`
`Pay your bill from virtually anywhere
`with the Citi Mobile® App and Cl’tlE Onllne
`iv Duwiiruau.
`
`m Text 'App15' to Mycitl (692484)
`
`or go to your device's app store.
`Or visit www.clticards.com
`
`www.citicards.com
`Customer Service 1-855-473-4583
`TTY-hearing-impaired services only 1800-3252865
`BOX 6500 SIOUX FALLS, SD 57117
`Your account is past due. Please pay at
`least the minimum payment due, which
`includes a past due amount of $396.61 and an
`overlimit amount of $452.73.
`Account Summary
`Previous balance
`Payments
`Credits
`Purchases
`Cash advances
`Fees
`interest
`New balance
`Credit Limit
`Credit limit
`includes $300 cash advance limit
`
`$1,380.02
`-$0.00
`-S0.00
`+5000
`+$0.00
`+$39.00
`+$33.71
`$1,452.73
`
`$1,000
`
`Minimum payment due
`New balance
`Payment due date
`
`Amount enclosed:
`
`Account number ending in 0182
`
`3937-05
`$1,452.73
`06/28/19
`
`000000 MC 32 A O
`
`DUANE THIEL
`1947 29TH STREET ClR S
`MOORHEAD MN 56560-3918
`
`ClTl CARDS
`PO BOX 78045
`Phoenix. AZ 85062-8045
`
`

`

`14-CV-21-3644
`
`www.citicards.com
`DUANE THIE
`
`Customer Service 1-855-473-4583
`TTY-hearing~impaired services only 180093252865
`
`Filed in District Court
`State of Minnesota
`10/20/2021 5:48 PM
`Page 2 of 2
`
`Acoun Sumary
`Post
`at
`
`Trans.
`date
`
`Description
`
`LATE FEE - MAY PAYMENT PAST DUE
`06/04
`Total fees charged in this bIIIIng period
`
`Interest charged
`Date
`Description
`0
`
`.
`
`Amount
`
`$39.00
`
`06/04
`INTEREST CHARGED TO PUR PR-O4/25/17.
`Total interest charged In thls bllllng perlod
`2019 totals year-to-date
`Total fees charged in 2019
`Total interest charged in 2019
`Interest charge calculation
`Days in billing cycle133
`Your Annual Percentage Rate (APR)is the annual interest rate on your account,
`Annual percenta e Balance subject
`rate (AP )
`to Interest rate
`Interest charge
`Balance type
`...............................................................................................................................
`PURCHASES
`$899
`"”g’gggag'r’gauyaa
`29599);in
`ééééfl‘iéibi
`eur'ei'éfi'ééii
`éé'z'ié’éiéi”"”""'”"”"""""‘s;i3"i"9”
`é"'3',"2';i}>'/;'{y$
`REV/KNEE?"'""TiliiiiiiijiIIifijfiIIIIIiIIIIIIIIiiiiIiIIIijIiiIIIIIITIII'IIIIIiII'IIITfT
`"
`'
`29.99% M
`so 00
`$0.00 (a)
`""é’t’éfiéé’r'a"}iay"'
`'s'iéiiléi'rmsasy,
`:9.1993(y')
`Adv 9} (54951?
`Your Annual Percentage Rate (APR) is the annual interest rate on your account. APRs followed
`by (V) may vary. Balances followed by (D) 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 pm. ET and midnight ET on the last day of your billing period, your payment
`will not be reflected until your next statement.
`©2018 Citibank, NA.
`Citi, Citi with Arc Design are registered service marks of Citigroup Inc.
`
`""""""
`
`$216.00
`$160.97
`
`'
`
`

`

`14-CV-21-3644
`
`Filed in District Court
`State of Minnesota
`10/20/2021 5:48 PM
`
`i ate Double Cash can:
`
`7
`
`DUANE THlEL
`Member Since ZOlS Account number ending in:0182
`Billing Period211/03/18-12/O4/18
`
`DECEMBER STATEMENT
`$3035
`Minimum payment due:
`New balance as of 12/04/18:
`$970.19
`Payment due date:
`12/28/18
`Seethe back of this statement for important information about how to avoid
`paying interest on purchases.
`
`Late Payment Warning: if we do not receive your minimum payment by the
`date listed above, you may have to pay a late fee of up to $35 and your APRs
`may be increased up to the Penalty APR of 29.99%.
`Minimum Payment Warninq:if you make only the minimum payment each
`period, you will pay more in interest and it will take you longer to pay off your
`balance. For example:
`If ou make no additional
`chgrges using this card
`and each month you pay...
`
`And you will end u
`an estimatepd
`paying
`otal of...
`
`_
`
`You will ay off the
`balance Ehown on this
`statement in about...
`
`5
`
`-
`
`www.citicards.com
`Customer Service 1-855-473-4583
`TTY-hearing-impaired services only 1800-3252865
`BOX 60 SIOUX FALLS, SD 57117
`Acc‘ount Summary
`Premous balance
`Paymems
`Credits
`Purchases
`Cash advances
`Fees
`Interest
`New balance
`Credit Limit
`Credit limit
`includes $300 cash advance limit
`Available credit
`includes $29 available for cash advances
`
`$905.60
`-$50.00
`-$0.00
`+593-24
`+5000
`+$0.00
`+5213?)
`$970.19
`
`$l,OOO
`
`$29
`
`Only the minimum payment
`
`6 year(s)
`
`$l,970
`
`$39
`
`$1,404
`(Savings=$566)
`l Iii/Saris)
`For information about credit counseling services,cali1877-3378187.
`
`5
`
`CASH REWARDS
`SUMMARY
`Your Cash Rewards:
`$16.64
`» See page 3 for more information
`about your rewards
`
`Pay your bill from virtually anywhere
`with the Clti Mobile“ App and Cltl‘” Onllne
`To download:
`Text 'App15' to Mycitl (692484)
`or go to your device's app store.
`Or visit www.clticards.com
`
`Minimum payment due
`New balance
`Payment due date
`
`Amount enctosed:
`
`$30.35
`$970.19
`12/28/18
`
`oooooo MC 00 A 0
`
`DUANE THIEL
`1947 29TH STREET CIR 5
`MOORHEAD MN 56560‘3918
`
`Account number ending in 0182
`
`CITl CARDS
`PO BOX 78045
`Phoenlx, AZ 85062'8045
`
`

`

`14-CV-21-3644
`
`www.citicards.cem
`DUANE THlEL
`
`Customer Service 1-855~473-4583
`TTYnhearlng-impaired services only 1-800-325-2865
`
`Filed in District Court
`State of Minnesota
`10/20/2021 5:48 PM
`Page 2 of 3
`
`important Changes to Your Account Terms
`The following is a summary of changes being made to your account terms.
`These changes will take effect on 02/05/19. For more information, please
`see "Details About the Changes"below.
`
`You have the right to reject these changes. However, if you reject these
`changes, you will no longer be able to use your account for new
`transactions. You can reject the changes by calling us at 1-866-915-9424 by
`02/05/19.
`
`Late Fee
`
`Returned Payment Fee
`
`Revised Terms as of 02/05/19
`None for the first late payment;
`up to S39 after that.
`Up to $39
`
`Details About the Changes:
`The following paragraphs replace the corresponding paragraphs in Section 4
`of your Card Agreement in the ”Fees" section.
`Late Fee: None for the first late payment; up to $39 after that. We won't
`charge a late fee the first time you make a Late Payment. After that, we
`have the right to charge you a late fee if you make a Late Payment. The
`late fee is $28 and, if you make another Late Payment within the next 6
`Billing Periods the late fee will be $39. The amount of your late fee will
`never be higher than your Minimum Payment Due‘
`Returned Payment Fee:Up to $39. We have the right to charge you a
`Returned Payment fee of $28 if your bank doesn't honor your payment. if
`that happens, we'll resubmit the payment request. if your bank doesn’t
`honor another payment within 6 consecutive Billing Periods, the
`Returned Payment fee will go up to $39.
`This amends your Card Agreement. Please keep this information for future
`reference.
`
`Account Summary
`Trans.
`Post
`date
`date
`
`Description
`
`Payments, Credits and Adjustments
`PAYMENT THANK YOU
`11/28
`
`Standard Purchases
`
`11/15
`
`11/15
`
`11/15
`
`11/15
`
`11/17
`
`11/23
`11/24
`
`11/17
`11/23
`11/24
`Fees charged
`Total fees charged in this billing period
`
`DOLLAR GENERAL j#17490 HANKINSON
`CENEX DAKOTA 009884297 HANKINSON
`CENEX DAKOTA D09884297 HANKlNSON
`HOLlDAV STATiONSTORE 4 MOORHEAD
`CENEX DAKOTA 009884297 HANKiNSON
`
`interest charged
`Date
`Description
`INTEREST CHARGED TO ADV PR—O4/25/17.
`TNTEREST CHARGED T0 STANDARD PURCH
`INTEREST CHARGED TO PUR PR-04/25/17.
`
`12/04
`12/04
`12/04
`
`ND
`ND
`ND
`MN
`ND
`
`Amount
`
`$50.00
`
`$10.00
`$49.26
`$18.14
`$10401
`$5.83
`
`$0.00
`
`Amount
`
`$3.01
`$6.75
`$11.59
`
`CASH REWARDS
`SUMMARY
`TOTAL CASH REWARDS,3mm
`
`Previous Baiance:
`Earned this Period;
`Tetai Earned this period; ~
`momma Pence:
`' fitting Rewards'aalanee: ,
`
`$15.21
`
`$1.43
`
`7
`
`$1.43
`$0.00
`$16.64
`
`7
`
`,
`
`THE TWO WAYS TO EARN!
`QCash Back on Purchases
`Eligible Purchases:
`Cash Back on
`Purchases Earned:
`@Cash Back on Payments
`Eligible Payments:
`Cash Back on
`Payments Earned:
`
`$93.24
`
`$0.93
`
`$50.00
`
`$0.50
`
`PURCHASE TRACKER AND HOW
`CASH BACK ON PAYMENTS WORKS
`1. Total Payment Made:
`$50.00
`Note: payments are eligible up to the
`amount in your Purchase Tracker
`2. Purchase Tracker:
`3. Eligible Payment:
`4. Cash Back on
`Payments Earned:
`$0.50
`5. Ending Purchase Tracker:
`$4324
`Purchase Tracker . When you make a purchase,
`that amount goes into your Purchase Tracker.
`Ba/ance transfers, cash advances, fees and
`interest are not included, Make a payment and the
`Purchase Tracker gets reduced by that amount.
`When the Purchase Tracker reaches So, you won‘t
`earn cash back on payments until more purchases
`are made.
`
`$93.24
`$50.00
`
`Questions? Time to Redeem?
`Visit clti.cem or call 1-855—473-4583
`Bonus cash back may take 1-2 billing periods
`to appear on your statement.
`
`

`

`14-CV-21-3644
`
`www.cltlcards.com
`DUANE THIEL
`
`Customer Service 1-855-473-4583
`TTYhearingimpaired services only 1800-3252865
`
`Filed in District Court
`State of Minnesota
`10/20/2021 5:48 PM
`Page 3 of 3
`
`Amount
`$2135
`
`'
`
`$25.00
`$231.88
`
`Interest charged, cont'd
`Date
`Description
`Total Interest charged In this bllllng period
`2018 totals year-to-date
`Total fees charged
`018
`Total interest charged in 2018
`Interest charge calculation
`Days in billing cycle:32
`Your Annual Percentage Rate (APRHS the annualinterest rate on your account.” _
`Annual percents 2 Balance subject
`rate (AP )
`to Interest rate
`
`Balance type
`PURCHASES
`Standard Purch
`Pur Pr 042517
`AWANEQ
`Standard Adv
`Adv Pr 042517
`
`Interest charge
`
`29.99% (v)
`
`$256.60 (D)
`
`$6.75
`
`27.24% (V)
`
`$126.03 (D)
`
`53.01
`
`Your Annual Percentage Rate (APR) is the annual interest rate on your account. APRS followed
`by (V) may vary. Balances followed by (D) are determined by the daily balance method
`(including current transactions),
`Account messages
`@2018 Citibank, NA.
`Citi, Citi with Arc Design are registered service marks of Citigroup Inc.
`
`

`

`14-CV-21-3644
`
`Filed in District Court
`State of Minnesota
`10/20/2021 5:48 PM
`
`Exhibit B
`
`

`

`14-CV-21-3644
`
`Filed in District Court
`State of Minnesota
`10/20/2021 5:48 PM
`
`Contract ID: CVSMUMAAOZ i 8 i 9
`Document ID: CV8MUMAA090419CI 1
`Document ID: 082719CViMUIBBBI
`
`THIS BILL OF SALE AND ASSIGNMENT dated September 9, 2019, is by Citibank, NP...
`:1
`national banking association organized under the laws of the United States,
`located at 5800
`South Corporate Place, Sioux Falls, SD 57108 (the "Bank") to Cavalry SPV I, LLC, organized
`under the laws of the State of Delaware, with its headquarters/principal place of business at 500
`Summit Lake Drive, Suite 400, Valhalla, NY 10595 ("Buyer").
`For value received and subject to the terms and conditions of the Master Purchase and Sale
`Agreement dated February 18, 2019 and Addendum No. 11 dated September 4, 2019, between
`Buyer and the Bank (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
`described in Exhibit 1 to the Addendum and the final electronic file.
`
`Citibank, NA.
`
`By: gen 74%
`(Signature) \
`Name: 6451 Q lag/3
`/
`’
`Authorized Party
`
`Title:
`
`Camry 021219
`
`

`

`Filed in District Court
`State of Minnesota
`10/20/2021 5:48 PM
`
`Contract ID: CVBMWAAOZ l 8 {9
`Document ID: CV8MUMAAO90419C I!
`Documnl ID: 082719CV1MU138AI
`
`14-CV-21-3644
`
`Exhibit 1
`
`The individual Accounts u‘ansfcrred are described in the final electronic file and delivered
`by the Bank to Buyer. the same deemed attached hereto by this reference.
`
`Sale 11)
`082719CV1MU138
`
`if of
`Accounts
`
`Sale Emma
`
`Cut-011'
`Date
`8/27]! 9
`
`3Q2019 PPM
`Do Not Cull
`Bulk Accounts
`
`Cnvnky 0218!?
`
`

`

`14-CV-21-3644
`
`Filed in District Court
`State of Minnesota
`10/20/2021 5:48 PM
`
`Purchase Date29/9/2019
`0999
`
`Data Excerpt from Exhibit 1**
`Field Name
`ACCOUNT NUMBER
`SALE AMOUNT
`ACCOUNT OPEN DATE
`LAST PAYMENT DATE
`CONSUMER FIRST AND MIDDLE NAME
`CONSUMER LAST NAME
`CONSUMER RESIDENCE ADDRESS 1
`CONSUMER RESIDENCE ADDRESS 2
`CONSUMER RESIDENCE CITY
`CONSUMER STATE
`CONSUMER ZIP CODE
`CONSUMER SSN OR SIN*
`
`Data Provided
`
`182
`
`1,452.73
`12—Jul—15
`29—Nov—18
`DUANE
`THIEL
`1947 29TH STREET CIR S
`MOORHEAD
`MN
`
`*Data displayed has been redacted for consumer privacy
`“The data contained in this document was extracted from the electronic records transmitted by the seller
`concerning the referenced account
`
`

`

`14-CV-21-3644
`
`Filed in District Court
`State of Minnesota
`10/20/2021 5:48 PM
`
`Exhibit C
`
`

`

`14-CV-21-3644
`
`Filed in District Court
`State of Minnesota
`10/20/2021 5:48 PM
`
`Card Number:_182
`
`July 7, 2019
`
`DUANE THIEL
`1947 29TH STREET CIR S
`MOORHEAD MN 56560-3918
`
`

`

`14-CV-21-3644
`
`Filed in District Court
`State of Minnesota
`10/20/2021 5:48 PM
`
`DUANE THlEL
`Account ending 0182
`Page 2 of 2
`
`Fact Sheet
`Pricing Information Table
`Interest Rates and Interest Charges
`Annual Percentage Rate l 23-24%
`(APR) for PUfChaseS
`This APR will vary withrthe market basedron the Prime Rate.
`APR for cash Advances
`27-49%
`This APR will vary with the market based on the Prime Rate.
`Up to 29.99%, based on your creditworthiness. This APR will vary with the market based
`i on the Prime Rate.
`This APR may be applied to your account if you:
`(1) Make a late payment or
`(2) Make a payment that is returned.
`How Long Will the Penalty APR Apply? if your APRs are increased for either of
`these reasons, the Penalty APR may apply indefinitely.
`Yourduedate is at least 23 days after the close of each billing cycle. We will not charge
`you interest on purchases if you pay your entire balance by the due date each month. We
`will begin charging interest on cash advances and balance transfers on the transaction
`I date.
`if you are charged interest, the charge will be no less than 50 cents.
`
`i
`
`i
`
`i
`
`i
`
`l
`
`j
`
`Penalty APR and When
`it Applies
`
`W H V W
`
`PaYing Interest
`
`EDES’TU
`
`Minimum |nterest
`Charge
`Howrwe Calculate Your
`Balance
`Fees
`Annual Fee
`Transaction Fees
`Balance Transfer
`-
`Cash Advance
`-
`Foreign Purchase
`Transaction
`Penalty Fees
`‘
`Late Payment
`'
`Returned Payment
`
`,
`
`-
`
`‘
`
`l
`
`Daily Balance (including current transactions)
`
`None
`
`l
`
`Either $5 or 3% of the amount of each transfer. whichever is greater.
`3 Either $10 or 5% of the amount of each cash advance, whichever is greater.
`3% of each purchase transaction in US dollars.
`
`l
`
`i None for the first late payment; up to $39 after that.
`l Up to $39.
`
`i i
`
`l
`
`1
`
`‘
`
`7
`
`7
`
`For variable rates:'
`U3 Prime Rate P'US
`177.74%
`21.99%
`09 to 20.775707
`
`'
`
`,
`
`Details About Your 'mt'érest Rates
`and Interest Calculations
`" l
`Purchases
`0.063637% (D)
`‘Cash Advances
`"0.07532% (0)
`TPenaIty APR
`0.08216% (D)
`i (D) = Daily periodic rate. A daily periodic rate is the APR divided by 365,
`Variable APRs will not exrceed77279.99%.
`
`Periodic Rate as of 07/07/2019
`
`i
`
`j
`
`3
`
`i
`
`'
`
`i
`
`

`

`14-CV-21-3644
`
`Card Agreement Guide
`
`Filed in District Court
`State of Minnesota
`10/20/2021 5:48 PM
`
`This Guide will help you easily identify sections of the Card Agreement and give you a brief overview of the contents of each section. This is not intended to
`be a complete summary of the Card Agreement‘s contents, and we encourage you to read your entire Card Agreement, including the arbitration provision,
`before you use your Account.
`
`ACCOUNT INFORMATION, INFORMATION SHARING AND
`COMMUNICATIONS
`Explains that your personal information we use to manage your
`Account should always be up to date. Also notes that we share
`information about you and your Account. ln addition, this section
`describes how we may contact you.
`
`TRANSACTIONS
`Provides important information about merchant credits, recurring
`Transactions and card refusals.
`
`ARBITRATION
`Explains that you cannot go to court, have a jury trial or initiate or
`participate in a class action if you have a dispute with us. Instead,
`this provision tells you that the dispute must be resolved by a
`professional arbitrator, not a judge orjury. This section also
`explains how arbitration works and some of the differences
`between resolving a dispute in arbitration and resolving one in
`court.
`
`AGREEMENT & BENEFIT CHANGES
`Explains that we can make changes to the Card Agreement and
`your card benefits and features.
`
`MISCELLANEOUS
`Explains subjects that aren‘t included In previous sections.
`
`’
`
`YOUR BILLING RIGHTS
`Explains your billing rights, which include how to address possible
`statement mistakes and your rights if you're not satisfied with a
`Purchase.
`
`DEFINITIONS
`Lists the meanings of particular phrases and terms used in the
`Card Agreement.
`
`YOUR ACCOUNT
`Describes some of your responsibilities for using your Account.
`
`ANNUAL PERCENTAGE RATES & INTEREST CHARGES
`Shows how we calculate interest rates and how that affects your
`Account balance.
`
`FEES & FOREIGN CURRENCY CONVERSION
`Describes the fees that can be applied to your Account, including
`annual membership fees, late fees, as well as foreign transaction
`fees for Purchases not in U.S. dollars.
`
`PAYMENTS
`Shows how your monthly Minimum Payment Due is calculated, tells
`you how we apply your payments to balances, and gives you
`certain instructions for making payments (and tells you the possible
`consequences of not followmg those instructions).
`
`,
`
`AUTHORIZED USERS
`Describes an Authorized User's rights and your responsibility for
`that user. Also describes what information we can share about you
`and your Authorized User.
`
`DEFAULT, CLOSING 0R SUSPENDiNG YOUR ACCOUNT
`Tells you when we may require immediate payment of your total
`Account balance, and explains when we may close or suspend your
`Account, and when you may close your Account.
`
`CREDIT REPORTING
`Describes what information we provide about you to credit
`reporting agencies, and how to dispute items on your report. This
`section also explains how we use information we get about you
`from those agencies.
`
`EUEQTU
`
`

`

`14-CV-21-3644
`
`Card Agreement
`
`Filed in District Court
`State of Minnesota
`10/20/2021 5:48 PM
`
`‘
`
`This Card Agreement (Agreement) is your contract with us.
`
`The Facts about Interest and Fees document (Fact Sheet) is part of this Agreement. The Fact Sheet shows important information about your Account, such as your
`annual percentage rates and certain fees. Any amendments to this Agreement aiso are part of this Agreement.
`
`Please read ail parts of this Agreement, including the arbitration provision, and keep it for your records.
`
`Note: Throughout the Agreement are examples, helpful tips, and additional explanations that will make the Agreement easier to
`understand.
`
`Account - Your Citi® Double Cash Account.
`
`DEFiNlTlONS
`
`betting transactions.
`
`Annual Percentage Rate (APR) — A rate, shown as a percentage, used to calculate
`interest on the balance on your Account.
`
`Authorized User - Any person you allow to use your Account with a Card we
`provided with that person's name.
`
`Balance Transfer - Use of a Balance Transfer offer, including use of a check that
`accesses your Account for any transaction, or the transfer of a balance from
`another credit account to your Account.
`
`Billing Period - The period of time between each date when we create a statement
`for your Account. A Billing Period is usually 28-33 days. For each Billing Period,
`your statement will show any Transactions, other charges, payments and other
`credits posted during that Billing Period.
`
`Business Day — Monday through Friday, excluding federal holidays.
`
`Card - One or more cards or other devices (including an account number) used to
`access your Account to obtain credit.
`
`hDEETD
`
`Card Networks — Organizations, such as Mastercard, Visa and American Express,
`that facilitate the payment process between a cardmember, merchants and a card
`issuer.
`Cash Advance - Use of your Card to get cash, including foreign currency, or for
`what we consider a cash-like transaction. Examples include using your Card for:
`ATM and teller withdrawals, wire transfers, money orders, traveler's c