Redacted by Clerk of Court OS
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`INTHEMONTGOMERYCOUNTYMUNICIPALCOURT,EASTERNL
`
`| (hia
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`CASE NUMBER:o?4{ cCvFL| 2p
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`JUDGE:
`
`COMPLAINT
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`LVNV FUNDING LLC
`C/O 55 BEATTIE PLACESUITE110
`GREENVILLE,SC 29601
`
`Plaintiff
`
`VS.
`
`TAMMY YOUNGERMANAKA TAMMYFULTZ
`8998 HICKORYGATE LN
`HUBER HEIGHTS, OH 45424-1147
`
`Defendant
`
`FIRST COUNT.
`NONPAYMENT OF ACCOUNT
`
`Plaintiff is the assignee of Defendant’s Account, Account numberxX2588, an
`1.
`Account which was used for the Defendant's benefit. The Account was formerly with Comenity Bank.
`
`This court is the proper court becausePlaintiff is informed and believes that Defendant Tammy
`2.
`Youngerman AKA TAMMYFULTZisa resident of Montgomery County, State of Ohio.
`
`Defendant used the Accountat various times, and thereby requested loans, advances,services, and/or
`3.
`payments of various sums of moneyfor the use and benefit of the Defendant.
`
`4,
`
`The account documentation is attached hereto as Exhibit A.
`
`Uponinformation and belief, Defendant made the last paymenton the account on or about November03,
`5.
`2019 and the Account was charged-off by the Original Creditor on or about June 30, 2020.
`
`6.
`
`Defendant has defaulted on the repaymentobligation and hasfailed to repay the balance of $898.56.
`
`7.
`Defendant.
`
`As a result of the assignment, Plaintiff became, and nowis entitled to recover the amount owedbythe
`
`Thereis presently due the Plaintiff from the Defendant for the money loaned/moneypaid out on
`8.
`Defendant’s Account, the sum of $898.56.
`
`SECOND COUNT
`UNJUST ENRICHMENT
`
`9.
`
`10.
`
`Plaintiff incorporates by reference herein, each allegation set forth above.
`
`Defendantreceivedbilling statement(s), but has failed to repay the unpaid balance.
`
`Defendant knowingly retained the benefits derived from the use of the Account, without having repaid the
`11.
`balance outstanding on the Account.
`
`Retention of the benefits conferred upon the Defendant under these circumstances would be unjust
`12.
`without requiring the Defendant to make paymentsfor the same.
`
`THIS IS A COMMUNICATION FROM A DEBT COLLECTOR. WE ARE ATTEMP
`
`INFORMATION OBTAINED WILL BE USED FORTHAT PURPOSE.24-115299 iHATAUIUCAELEOUE
`
`

`

`Defendant has been unjustly enriched in the amountofthe outstanding balanceset forth above, as
`13,
`Defendant knew or should have knownthat the credit was not being providedgratuitously.
`
`WHEREFORE,Plaintiff prays for judgment against Defendantin the amount of $898.56 with statutory interest
`from the date ofjudgment, costs ofthis action, and such other and furtherrelief as the Court deemsjust and proper under
`the circumstances.
`
`Respectfully Submitted,
`
` Dated:
`
`File No. 24-115299
`
`Stenger & Stenger, P.C.
`Attorneys for Plaintiff
`2618 East Paris Avenue SE
`Grand Rapids, MI 49546
`Court Inquiries Ph: (877) 988-2280
`Defendant/Counsel Ph: (877) 375-4220
`Email: ohio@stengerlaw.com
`
`PRAECIPE FOR SERVICE
`Please issue a Summonsfor each Defendantaslisted in the above case caption via U.S. Certified Mail, return
`receipt requested. If service of process by certified mail is returned by the postal authorities with an endorsement of
`“refused” or "unclaimed", the undersigned waives notice of same by the Clerk and requests ordinary mail service in
`accordance with Civil Rule 4.6 (C) or 4.6 (D).
`Respectfully Submitted,
`
`
`ZR, P.C.
`
`STENGER & STE
`Attorneys for
`
`
`
`
`
`Dated:
`
`File No. 24-115299
`
`By:
`
`#: 0061515)
`
`Bokor(OSER
`.
`Stenger & Stenger, P.C.
`Attorneys for Plaintiff
`2618 East Paris Avenue SE
`Grand Rapids, MI 49546
`Court Inquiries Ph: (877) 988-2280
`Defendant/Counsel Ph: (877) 375-4220
`Email: ohio@stengerlaw.com
`
`THIS IS A COMMUNICATION FROM A DEBT COLLECTOR. WE ARE ATTEM
`
`INFORMATION OBTAINED WILL BE USED FORTHAT PURPOSE.24-115299 iGAGiNLUTEAL
`
`

`

`EXHIBIT A
`
`THIS IS A COMMUNICATION FROM A DEBT COLLECTOR. WE ARE ATTEMPTING TO COLLECT A DEBT AND ANY
`INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.24-115299
`
`

`

`Summary
`Account ne.
`
`of accountactivity
`seeserseere2588
`
`Paymentinformation
`New balance
`Minimum payment due
`Payment due date
`
`PAGE 1 OF 4
`
`$898.58
`$289.00
`07/07/2020
`
`$839.59
`Previous balance
`0,00
`Payments
`0.00
`Othercredits
`Late payment warning:
`0.00
`Purchases
`lf we do not receive your minimum payment by 07/07/2020 you may
`
`
`
`Other debits 0.006shavetopayuptoaS400dlalefee sav
`Minimum paymentwarning: it you make only thenminimum
`Fees charged
`40.00
`Interestcharged 18.97
`paymentfor each period, you will pay movein intarast andit will take
`Newbalance
`$898.56
`you longerto pay off your balances. For example:
`Past due amount
`244,00
`“Yyou make no additional! You will payoff | Andyouwill
`Credit fimit
`$550.00
`} charges usingthis card
`the balance shown’ end uppaying an,
`
`Available credit ; onthe statement—estimated total$0.00 ; and each month you pay:
`
`
`
`toe ina
`Statementclosing date
`06/11/2020
`
`
`} Only the main|payment
`Daysin billing cycle
`30
`For informationregregarding credit counseling services,
`call 1-800-284-1706,
`
`| Skipsigning in to payanduse Comenity's EasyPay. Ii's safeandconvenient. Useyoursmartphonecameraorcode
`
`| reader to sean the QR codeprinted on your payment stub below to ge! started,
`
`|
`
`i
`
`PeeCeri el ak Ces ULse eno LLSt
`TRANSDATE
`TRANSACTION DESCRIPTION/LOCATION
`Fees
`08/07/2020
`
`LATE FEE
`Total tees chargedforthis period
`
`Interest charged
`Interest charge on purchases
`Total interestfor this period
`meee eee eee Re See eee eee
`{ 2020 totals yearto date
`:
`i Total tees charged in 2020
`$240.00 }
`: Total interes! charged in 2020
`$99.13}i
`
`AMOUNT
`
`40.00
`$40.00
`
`$18.97
`$18.97
`
`ISOCCerMOLL
`Your Annual Percentage Rate (APR)is the annualinterest rate on your accounl. See BALANCE COMPUTATION METHOD
`on page 2 for more details. Minimum interest charge may exceedinterest charge below. par your credil card agreement.
`TYPE OF
`BALANCE SUBJECT
`INTEREST
`BALANCE
`APR
`TO INTEREST RATE
`GHARGE
`Purchases
`26.9900% (¥)
`855.33
`18.97
`
`Additional important messages
`Affected by COVID-19? Comenity Bank Offers Support
`Asthe bank that managesyour credit card, our hearts go outto thoseaffected by the coronavirus
`(COVID-19) pandemic.
`The support we're extending to you.If you're experiencing financial hardship because of COVID-19,
`please call 1-800-935-9450 (TDD/TTY: 1-800-695-1788) to discuss how we maybe able ta help.
`(CONTINUED)
`
`
`: Account
`Oe
`‘fey
`ii number, oo. weree.o1°9"-2508|
`pees
`| Newbalance
`2 Minimum payment
`
`Gevei
`|seoase|__$280.00
`994
`Payment must reach us by
`6 pm ET on 07/07/2020.
`Amount enclozed:
`fee teenie meee Ae aneeennene ee
`
`CATH F RI N ES
`rt
`5
`.!
` @-mail address - see reverse,
`ii Yes, | have moved or updated my
`
`Figase make check payable to:
`COMENITY - CATHERINES
`Hadedadeess4an DSM Dea taeadte teesaad edeagaghDeepeg Pleasereturn this partion along with your paymentto:
`TAMMY YOUNGERMAN
`3265 REDBUD DR
`PO BOX 659728
`TROY OH 45373-8840
`SAN ANTONIO TX 78265-9728
`
`Vygyefggetyfae DSele PLANE pattypoglfNL ele|)
`
`

`

`
`
`ERINES
`
`Keep this portion tor your records.
`What To Do i You Think You Find A Mistake On Your Statement
`It you Ihink there is ati ertur unyour slatemere, wile to us al: Comenily
`Bank PO Box 192/82, Columbus, Obiv 432 18-2/82,
`lerguur feller, give us Ue following infurmation:
`* Aecour? information: Yout name and atceunt number.
`* Doliar amount: The dollar amountof the suspected erro.
`
`© Peseription of Prablere UT youdhiik Ghote batterers as your bill,
`describe “hat you believe is wrong and why you believe at is a mistake,
`You must contact us within 60 days alter the emer appeared on your
`statement.
`You rust notify us of any polential creas fr wifing, You may call us, bal if
`you do we are nol required f
`estigate any polential errors aad you may
`have fo pay the arnaunt in question,
`
`VAiie we rrrestigale wielter of het there tas Lee gn eto, Uhe toliowing,
`ate tue:
`© Vie cannot Iry fa collect the amount 1question, of reporl you a3
`dalinquenl on that amount,
`*
`[he charpe in question may 1lemain on your statement, and we may
`Continue fo Charge you interest on that amount. But. if we determine thal
`we made a mistake, you wil! not have to pay the amount tn question or
`anyinterest of uther fees telated lo that amount,
`© Vihile you do not have to pay the amount in question, you aze responsible
`far the: remaindorof your balance.
`© Vin caw apply any onjesi) snwsuril zgzered yout coedil limit.
`Your Rights If You Are Dissatisfied With Your Credit Card Purchases
`It qual are dissatistied withthe gands of seavices that you have purchased
`with your creditcaid, and you have tried in good faith te correct the
`prodiem eath the merchant, you may have the right not ta pay the remaining
`amount dun on the purchase.
`To use this right, all of the follovang must be true:
`1. The purchase must have been made in your home state or within 200
`malesof your curren! mailing address. end the purchase price must have
`been more than $50. (Note: Neither of these is necessary if your purchase
`was based on an advertisement we mailed to you,or if we own the company
`thal sofd you the goods or services.)
`2. You must have used your credit card for the purchase, Purchases made
`with cash advances From an ATM o7 with a check thal accesses your credil
`card account! go not quality.
`2. You must not yet have fully paid for the purchase.
`If aib of the criteria above are met and you are still dissatistied with the
`purchase, coniael us is asibigy al: Canenity Bank PO Rox 182782,
`Columbus, OH 432 18-2 #42
`While we investigale, the same sules apply to the dispuled amount 3s
`discussed above, Attar we Hriish gut investigation, we will tell you our
`dacision. At thal guint, i) we think you owe an amount and you do not pay
`we may report you as delinquent.
`How to Avoid Paying Interest: Your due dateis al Icast 76 days alter the
`glose of exch billing cycle. Wr will not change yuu interesun purctrases if
`you pay your entire tratance by Ue Yue date eachmont, We will beelo
`chaige interes! un mew purchases nade under 3 Low Alt, Equal Payrnert
`or Budyerl Paytnetit Cepdél Plan liomUp date ¢] purchrsse.
`BALANCE COMPUTATION METHOD.We calculate interest separately for
`each type of Lataree on your acorn’ using a “Daily Aatance™ te delarsnise
`
`interes! clamges Jor eachbilling, peciod, We figure Ihe wlerest charge on
`your accousd by applying the periedic
`vale to the “daity betance" ol your
`=
`
`wecuanl fis eschdag its Ihe
`. Te gel the “daily balance” we
`Take: the Seyinning balance ofy
`seounl wach aay, add any oer
`
`
`perches
`aul (ees, and sableacd ary payrtetils of crmdils (eating ary net
`ereitil balance as a cern Ialance). This gives us the daily batance.
`
`CREDIT REPORTING.We may tepar) infocralios: hen! your account to
`credit bureaus. Late payments, missed payments, oF other detau!ls on your
`account may be tellacted in your credit repeat.
`NOTICE OF CREDIT REPORT DISPUTES
`
`Uf you believe The account infa mation we repoited lo a consumer repatting
`sqgeory is Itcrisale, you nay salenit a iraedispute la Comeraly Nets
`Bax 187789, Cotunlas, Ohia 43712-7789, Yous saittesdispute must
`
`provide sufficient inletesalionio tdeotily Ihe accaund asd specily wity The
`Infornystion is eerie:
`Accaunt information; Your name and account number
`Contact information: Your address and telephone number
`Disputed Information: identily the account informatiun disputed and
`explain ‘aty you betiove ut is inaccurate
`Supporting Documentation: Wt avaitable, provide a cupy of the sectionof the
`ctedit report showing the accaunt informatian you ae cuspating
`We will investipate the disputed information and report the results to you
`within 30 days of eeceiptof the information needed for our investination, If
`we find that the account information we reported is inaccurate, we will
`promptly provide the necessary correction to each consumer reporting,
`anenmy to abich se reported the information,
`PAYMENTS MARKED “PAIO IN FULL”. Wrillen cummunicalions ranting
`disputed amounts Lhat include any check or other payment instrument
`marked “payment in full’ or similar language, must be sent to: 6550 North
`Loop 160A East, Suile 101, San Antonio, TX 78247-5001,
`Oc NUT USE THE ENCLOSED REMITTANCE ENVELGPE.
`+ We may accept payment sent to any other address without losing any of
`ourrights.
`= No paymentshall operate as an accord and satisfaction without prior
`written approval
`CUSTOMER SERVICE:Visit wwescatherinescasd.com ox call
`1-800-989-9150 CILDAY 1-8U0-594- 1 748).
`TELEPHONE MONITORING.Topiavide you wilh Ligh spuslily service, phone
`conmmunication with us is monitored andar recorded.
`ADDITIONAL INFORMATION.The following designations, when appeenng
`ou the Hanl of yout stalerment, reacUe lofkwwing: ¥ uprats variable sale
`(itis sale nay vasy); WV INT PAY RQ means WAIVE INFEREST, PAYMENT
`REQUIRED; WY INT LQ PY rieans WAIVE INTEREST, EQUAL PAYMENI; WV
`IND LOVE PIAL meats WAIVE INILI2ES 1, LOW DAYMEN T, BRANT PY RO
`theates DEFLIUINILRESI, PAYMENT HEQUIRED DEF IN) LQ PY ineass
`DUI CE INTERES) EQUAL PAYMENT; DF IST LOW EMI nyass DEFER
`INIFRES[, LOW PAYEE NE and LOW APR EQ PAY mesns LUVAN, LQUAL
`PAYMENT, Uyou Fave a variable le eccounl, yuut periodic rales may vary,
`You nay pay all al your Acouunl balance af any lime wilbuul penally,
`Send all inquiries to: CUSTOMER SERVICE, PO Box 182273. Columbus,
`Ohio 43218.2273
`Sead all bankruptcy notites and related conespondence ta Comenity Bank,
`Bankruptcy Department, PO Box 182128, Columbus, Ohio 43218-2125,
`NOTICE ASOUT ELECTRONIC CHECK CONVERSION.
`Nihon you seovide a chock 4s paymenl, you authouze us either to use
`information fram your check to make a onc time electronic. fund transfer
`from your account orto process the payment as a checktransaction. When
`we use information fram your chock to make an clectionie fund transfer,
`funds may be withdia‘sn fom your account 2s soon as the same day we
`eteive your payment, and you will nol receive your check back from your
`financial institutian,
`
`PAYMENTS.Pay you Account by Ihe payment due date by the fine Listed below, I] we dy tol receive your payment ina cudedt hour (oultined below) il
`may hot be eredited 19 your Account [4 up to five days, of may be rejected. Also, your payment mus! reach us by the payment cutoff time that applies to
`ihe peeyment toelhixd you selec,
`
`Correct Format, Carost farnial for different payment melts ioe
`check oF cashier's check payable in U.S. dollars, to ihe name and address shuwn on
`Mailing a Oremight: Send a personalcheck, money order, Lreveler's
`thas Statement in the payment stub aiea Containing year balance and minimum Payment amount. [ee suse to tantude your Paymend stub, da mt slapte or
`chp your payrtetil (y tbe stub, anclude yous account nusnbes onyour check, use lhe enrelge proveded walt) your Slaletment, send ove payroent willl we
`payment stub and do not send any correspondence vath yuur payment, You should avernizht 3 payinent to 6550 North Loop 1634 East. Suite 101, San
`Aatonio, TX 78247 6004 and the additional format requitemonts are ihe same as other mailed payments untess there 1s.a dispute,in which case you follow
`the Payinents Matked "Paid tn Full’ section above. Do not send cash ar gitt certificates, Pay By Phone: You can call us toll free at 1 800 995 9450
`(TOITTY 1-800-694-1788) fo make 2 geytiend by lebeptons, whichway srcluda a (ee. Onfine: You can innke 4 paynient online al
`worw.catherinescard.com. in-store: You can make payments in-store.
`Payment Cutoff Times. Payment culotf timesideadiines for us to receive payments are by the due date on lhis Statement!in the payinent stub area at the
`following times: Mailing and Ovemight: By 6:00 pm Fastem Time (FT); Pay By Phone: By 8:00 pm [astern Time (11); Ontine: By 8:00 pm (11): amt
`Ja-store; By (he Line ihe store closes al the tucaliva you ingke your payient.
`New Infarmation
`
`Title (optional)First Name
`Soc. Sec, No.
`
`Last Name
`.
`
`Street Address
`—-- —
`
`
`
`PO Box
`Apt. Na.
`RR
`
`Forsign Map Geode,
`Cily
`State. LL. Zip Code
`
`Work Phone
`Home Phone
`Email Address
`
`Ml
`
`

`

`a
`Additiona! important messages - continued
`Account Centeris available 24/7 for you to manage your CATHERINES accountonline. You
`can make payments and view your balance,transactions and statementsonline, Not yet registered? Visit
`catherinescard.com, enter your CATHERINEScredit card account number and ZIP code, then verify your
`identity.
`/
`We're looking out for you. We remain focused on the health and well-being of our customers and
`associates, and we'll continue to stay on top of what's happening during the pandemic so we can best
`support you.
`
`PAGESOF 4
`
`IMMEDIATE ATTENTION REQUIRED! Your Accountis extremely past due andwill be written off as a
`bad debtat the end ofthis month. To avoid this, you can pay the Minimum amount shown onthis
`statement before the éndof this month. If you are not able to pay the Minimum Payment amount,wewill
`still be able to assist you and prevent your accountfrom being written off. Call us at 1-855-617-8089
`(TDD/TTY 1-800-695-1788) and wewill find a suitable paymentbefore the end ofthis month.If written off,
`the bad debt will be reported to the three major credit bureaus and our Recovery team will determine the
`appropriate steps, as permilted and available under applicable Jaw, to protect ourinterests.
`
`
`
`32200209 ooooss1 WRN2 S88)©«-000028500 oD0089BSL
`
`