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`
`Redacted by Clerk of Court
`
`4a | ition
`
`IN THE MONTGOMERY COUNTY MUNICIPAL COURT, EASTERN DIVISION
`MONTGOMERY COUNTY, OHIO
`)
`CASE NUMBER:241 CVFAS4
`
`LVNV FUNDING LLC
`C/O 55 BEATTIE PLACE SUITE 110
`GREENVILLE,SC 29601
`Plaintiff
`vs.
`
`TAMMY YOUNGERMAN AKA TAMMYFULTZ
`8998 HICKORYGATE LN
`DAYTON, OH 45424-1147
`
`Defendant
`
`.
`
`JUDGE:
`COMPLAINT
`
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`
`IRST COUNT
`NONPAYMENT OF ACCOUNT
`
`Plaintiff is the assignee ofDefendant’s Account, Account numberSi7585, an
`1.
`Account which was used for the Defendant's benefit. The Account was formerly with Comenity Bank.
`
`This court is the proper court because Plaintiff is informed and believes that Defendant Tammy
`2.
`Youngerman AKA TAMMY FULTZis a resident of Montgomery County,State of Ohio.
`
`Defendant used the Account at various times, and thereby requested loans, advances, services, and/or
`3.
`paymentsofvarious sums of money for the use and benefit of the Defendant.
`
`4.
`
`The account documentationis ‘attached hereto as Exhibit A.
`
`Upon information and belief, Defendant madethe last payment on the accounton or aboutNovember 03,
`3.
`2019 and the Account was charged-off by the Original Creditor on or about June 30, 2020.
`
`6.
`
`Defendanthas defaulted on the repaymentobligation and hasfailed to repay the balance of $736.58.
`
`7.
`Defendant.
`
`As a result of the assignment, Plaintiffbecame, and nowis entitled to recover the amount owedby the
`
`There is presently due the Plaintiff from the Defendantfor the money loaned/moneypaid out on
`8,
`Defendant’s Account, the sum of $736.58,
`
`SECOND COUNT
`UNJUST ENRICIIMENT
`
`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
`Ll.
`balance outstanding on the Account.
`:
`
`12.__Retention of the benefits conferred upon the Defendant underthese circumstances would be unjust
`without requiring the Defendant to make payments for the same.
`THIS IS A COMMUNICATION FROM A DEBT COLLECTOR. WE ARE ATTEMPTING TO COLLECT A DEBT
`INFORMATION OBTAINED WILL BEUSED FORTHAT PURPOSE,24-117356 TENETLOETHIE
`
`

`

`Defendant has been unjustly enriched in the amount ofthe outstanding balance set forth above, as
`13.
`Defendant knew or should have knownthatthe credit was not being provided gratuitously.
`
`WHEREFORE,Plaintiff prays for judgment against Defendantin the amount of $736.58 with statutory interest
`from the date ofjudgment,costs of this action, and such other and further relief as the Court deemsjust and proper under
`the circumstances.
`
`Respectfully Submitted,
`
`Dated:
`
`File No. 24-117356
`
` By:
`
`#: 0061515)
`
`David B. Bokor
`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 Defendantas listed 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,
`
`
`
`Dated:
`
`File No. 24-117356
`
`David B. Bokor (OSCR#: 0061515)
`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.24-117356 iAGL
`
`

`

`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.24-117356
`
`

`

`PAGE { OF 4
`SIVTeeLeOMEeL Lt1a) Payment information
`
`Account no.
`aeneat
`New balance
`$736.58
`
`Minimum payment due
`$236.00
`Payment due date
`07/07/2020
`
`$681.16
`Previous balance
`0,00
`Payments
`Late paymentwarning:
`0.00
`Othercredits
`If we do nol receive your minimum payment by 07/07/2020 you may
`0.00
`Purchases
`havatopayuptoa$40.00latefee.
`oes
`0.00
`Other debits
`Minimum payment warning: If youmake onlytheminimum
`40.00
`Fees charged
`payment far each period, you will pay more in interest and it will take
`Interestcharged 1SAB
`
`Newbalance you longer to pay off your balances. Forfexample:$736.58
`
`Past due amount
`199.00
`i If you make nondditlonal ‘lyYouwillppayon 7 and you will
`Credit mit
`$400.00
`; charges using this card; the balance shown ! end up paying an:
`Available credit
`30,00
`i and each month you pay; {onthe statement
`: estimated total
`Statementclosing date
`O6/1 1/2020
`i
`_ oo __Linabout woe et wee ee
`Daysinbilling cycle
`30
`i! Onlythemiminimumpayment
`i 2years
`81012
`For information‘regarding credil counseling services,
`call 1-800-284-1706,
`
`{ Skip signing in to pay and useComerity's EasyPay.tts sateand convenient.Use yoursmartphonecamera orcode
`
`
`TRANSDATE=TRANSACTION DESGRIPTION/LOCATION AMOUNT
`
`your transactions
`Details of
`
`Fees
`
`0/07/2020«=LATE FEE 40,00
`Totalfees chargedfor this period
`$40.00
`Interest charged
`Interest charge on purchases
`Totalinterest for thls pertod
`
`$15.42
`$15.42
`
`-2020totals year to date
`: Total fees charged in 2020
`{Totalinterest charged in 2020__
`
`'
`$240.00 :
`$77.56 !
`
`Interest charge calculation
`Your Annual Percentage Rate (APA)is ihe annualinterest rate on your account, See BALANCE COMPUTATION METHOD
`on page 2 for more details, Minimuminterest charge may exceed interest charge below, per your credil card agreement,
`TYPE OF
`BALANGE SUBJECT
`INTEREST
`BALANGE
`APR
`TO INTEREST RATE
`CHARGE
`Purchasesprior lo 07/21/2019
`26.9900% (v)
`112.00 (DA)
`2.48
`Purchases
`26,9900% (Vv)
`563.19 (DA)
`12.94
`
`Additional important messages
`Affected by COVID-19? Comenity Bank Offers Support
`As the bank that managesyourcredit card, our hearts go out to those affected 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 1-800-888-4163 (TDD/TTY: 1-800-695-1788) to discuss how we maybeable to help.
`{CONTINUED}
`NOTICE: See inverse side for impadant informiatian.
`
` LANE BRYANT
`
`{number ____ Sereateseater-7585ji
`t+ Newbalance
`| Minimum payment }
`($736.58| __$298.00)
`994
`
`
`Payment must reach us hy
`
`
`
`
`id Yeot heemoved0rundated my Amount encloced: 6 pm ET on 07/07/2020.
`
`t C
`
`WagHebeDafa]atggoUgoffedegelpedfl|dntLLLyy
`TAMMY YOUNGERMAN
`3265 REDBUD DR
`TROY OH 45373-8840
`
`OMENITY - LANE BRYANTRETAIL
`;
`samt
`a
`pottn
`song
`w
`l2ase teturn this portion along with your paymentta:
`PO BOX 659728
`SAN ANTONIO TX 78265-9728
`
`aLEggtenNfAfAD fogSony| fgg Dees [Epesdead fptenga alyff ello]
`
`

`

`
`
`
`
`CREDIT REPORTING. We way repoinformation vbaul yout account ke
`credit bureaus. Lale payments, missed payments, of olber defaults on yuur
`accountmay be seilected in your credit cepert.
`NOTICE OF CREDIT REPORT DISPUTES
`Funzalion we (aporled toa consist reposting
`‘ULyuu bniieva the accou
`
`
`agency is inaccusa
`lo Conwruty Banik PO
`‘
`ime
`abi
`
`Bux 187789, Caturnbus, Ohi43718-2789, Youu will
`ispute anus!
`peavide suffictetal inferationly idenfily Ibe accourd stab specily why the
`information is inaceumles:
`Account information: Your naine and account number
`Cantact Information: Your address and telephone number
`Disputed Information:tdentity the account infrrmatiun disputed and
`explain why youbelieve it is inaccurate
`Supporting Documentation: 1} available, provide a copy ot the section ot the
`credit report showing the account intoermation you are disputing
`We will investigate the disputed information and report the resulis to you
`vithin 30 days of receipt of the information needed for our irvestination: HI
`we find that lhe account infornatian we reported is inaccurate, we will
`promptly provide the necessary correction to each consumerreporting,
`anency ta which we reported [he information.
`
`PAYMENTS MARKEO "PAID JN FULL",All vrillen cunenunications regarding
`disputed amounts that include any check or other payment instrument
`marked with “paymentin full” orsimilar languare. must be sent to: 6550
`North Loop 160-1 East, Suite 10], San Antonio, TX 78247-5004.
`00 NOT USE THL ENCLOSED REMITTANCE ENVELOPL.
`- We may accept payment sent to any other address withoultosing any ot
`our rights.
`.
`- No paymentshall operate as an accord and satisfaction without prior
`written approval.
`.
`CUSTOMER SERVICE:Visit waw,lbeard.com ot call 1-A00-A88-4163
`CIDLYI LY 1-800-b9-1/88),
`TELEPHONE MONITORING.Toproviek: yuu with high quality secviers, plicans:
`cumnumicalion with us is monitored andor recorded.
`ADDITIONAL INFORMATION.Thefollowing designations, when appearing
`‘on Ihe frent of your stalerient, ngathe lollawing: ¥ ineans variable rale
`{his rate may vary); WY INT PAY Q means WAIVE ENJERES C, PAYMENT
`REQUIRED; WV INT LQ PY means WAIVE INTEHESE, QUAL PAYMENI; WY
`INS LOW PASE neens WAIVE INTLRESS, LOW PAYMENI; DF ING PY RR
`meats DLEFRINGERESS, PAYMENT RFQUIRED; DEF INT EQ PY means
`DEFER INTERES? EQUAL VAYMLNG; Ut IND LOW PL meats DEFER
`INTEREST, LOY PAYIMENS atu) LOW API RQUPAY means LOW APR, EQUAL
`
`VAYRIENT, SI you ttave 4 variable rale accounl, yous perradte rates inay
`valy,
`You may pay ail ol yuu Account balanve zl any lime wilthaut penally,
`Send al} inquiries to: CUSTOMER SERVICE, PO Box 182273, Columbus,
`Ohio 43218-2273
`Send all bankruptcy notices and related correspondenceto Comenity Bank,
`Banksuptey Department, PO Box 182125, Columbus, Ohio 43218-2125.
`NOTICE ABOUT ELECTRONIC CHECK CONVERSION. Whenyou provide a
`check as payment, you authorize us cither ta use information fam your
`check to make a catime
`elentranie hind transferfrom your account or to
`
`process the payinent as a
`transaction. When weuse information from
`
`your chick 10 make an elecirani¢. fund transfer, funds may be withdrawn
`
`fram your account assoon as
`the same day we
`receive your payment, and
`you witl not receive your checkback [tom yoru financialinstitution,
`
`
`Keep thisportion for your records.
`What To Do if You Think You Find A Mistake On YourStatement
`Uyou third (tese iy an etror on your slalement, vite to us at; Conmenily
`Bank Pd Box 182/82, Columbus, hie 43218-2/82,
`In your tethea, give us Ihe folloving inferualions
`* Account information: Your name and accounl number,
`© Dollaramount: The dollar amount!of the suspected esror,
`© Desnepdion of Prabictn|Cyou Think Une 3s atvercor an your bit,
`describe what you believe is wrong and why you believe it is a mistake,
`You must contacl us within 60 days after the enor appeared on your
`statement.
`
`You tnus! notify us of any potential unas fi writing. You may cull us, bul if
`you do we are not required to invesligate any potential erruis and you may
`have to pay the amountin question,
`White we investigate whelterut-nol there has Leenat error, the Iallowing,
`ore (tua:
`© We cannal by fy collect Ihe amount sn questical, oF report you 2s
`e2linquent on that amount,
`* [he charge in question may temain on ycur statement. and we may
`continue to charge you interest on iat amount, But,it we determine that
`we made a mistake, you ‘will not have to pay the amount in question or
`any interest or otherfees related to that amount, _
`© While you da not haveto pay the amountin question, you are responsible
`fow th cemainderal your balance.
`© We can apply any unpaid amouragaites! your cmuil limil,
`YourRights Hf You Are Dissatisfied With Your Credit Card Purchases
`If you ace dissatistied with the gaads or seavices that you have purchased
`with yous esadit card, and youhave tried
`in good faith to correct the
`problem wath the merchant, you may have the right nol to pay the remaining
`amaanl char on the pauchess.
`To use this right, all of the following must be true:
`1. The purchase must have been made in your homestate or within 100
`Iniles of your cuvent mailing address, and the purchase price must have
`been more than $50, (Note; Neither af these is necessary if your purchase
`‘was based on an advertisement we mailed to you.or if we own the company
`that sold you the goodsorservices.)
`2. You must have used your credit card for the purchase. Purchases made
`with cash advances fram an ATM or with a check that accesses your credit
`card account do not qualify,
`3, You must netyet have fully paid for the purchase.
`It aif ob the criteria above are met and youare stilt dissatistied with the
`parchase, contac! us ire writing al: Cameriity Qank PO Box 18778,
`Calumbus, OH 43218-2/62
`Yehile we investrgate, the same mulesepply to the disputed amount as
`discussed ahove, After,we tirish our investigation, we will tell you our
`decision, At thal puint, it we think you owe an anrount and you do aut pay
`we may fepart yau as delinquent.
`HOW TO AVOID PAYING INTEREST.Your due dateis at least 74 days afler
`
`the clase ul eachbilling cycle. We will nul charge you interest un puictases
`i] you peg yuurenilire balance by Ihe due date each month, We vall begin to
`charge tnferes| on rew purchases sade under # Low APR, Equat Payinent
`of Budget Payment Credil Plan fiom Ute dale ol purctase,
`BALANCE COMPUTATION METHOD.We cafcutate interest separately for
`eachbalance usirg the melhiond{s) descritext befua,The (eas tatlecs bn
`
`parenttiesss next lo Ihe
`Ratarice
`Subject tu taterest Rale colurarin tte
`
`hderes! Charge Calculalion
`seclion 00this salesmen! conespandslo Ite
`faaltsratinns:
`
`{DA} We figure the init
`
`Fate:tu flr “uaily Lalsne
`
`
`
`beginning balance
`p day, ald any nw
`
`
`and subtercl
`any payments oe credits Creating any nel
`$2 uro baltice)}.This gives us Lhe daily balance,
`(IC) Wo figure the intercst. charge onthis balance by applying the periadi«
`rate te the “averagedaily balance”for the hitting periad, To getthe.
`“avciage daily balance" wo-take the beginning balance each day, add any
`
`new fransactons and feos and subtract any payments or eredits(treating
`any re) credil balance as a zero halance). This gives
`us the daily batanes.
`
`
`‘Then, vn add upall the daily balances for the
`period and di
`total by the number of days in the billing porind. This gives us the,
`tity balance."
`
`PAYMENTS.lay your Accountby lhe payment dug date Ly Ube timefisted ely, 11 we do oul receive your peyment ina cuuect lounal (oullined below) if
`may not be eredited to your Accountfor up to five days, of may be rejected. Aisa, your payment mus! reach us by the payment cutoff ime that applics to
`Ihepayment inettiad you srfect,
`Correch Format. Contect forall far different payinent enelbuts ielude:
`Mailing or Overnight: Send a personal check, money order, traveler's check or cashier's check payable in U.S. dotlars,to the name and address stiown on
`this Statementin the payment stubarea containing your balance and minimum payment amnunl, Be sure to include yeur payment stutr, do not staple o
`clipyour payment tolls stub, include your eccounl number unyour check, use the envelope provided wilh your Slalement, send ote payment withone
`paymentstub and du nol send anycorrespondence with yuur payment. You should ovemight a payment to §S50 North Loop 1604 East, Suite 101, San
`Antonio, TX 73247 5004 and the additional format requirementsaie the same as other mailed payments unlessthere is a dispute,in which case you follow
`the Paytnents Marked "Paid In Full” section above. Do not send cash or pitt certificates. Pay By Phone; Yoti can call us toll free at 1 800 888 4163
`CTONTTY 1-800-695-1788) tomake a payment by telephone, which ty include 4 fee. Online: You can tiske a payment online at wenIbeard.cam.
`In-store: You can make payments in-store.
`Payment Cutoff Times. Payment cutolf times/deadlines for us to receive payments are by the due date on this Statementin the paymentstub area at the
`fellowing limes: Afailing and Ovemight: By 6:00 pn Castem Time (CT); Pay By Phone: By 8:00 pm Tastern Time (C1); Online: By 8:00 pm T).; and
`to-store; By Uke Line he stute closes al the fucatiun yuu suzke yout payrent,
`New (atormation
`
`
`.
`
`Title (optional)“First Name
`Last Name
`Street Address
`
`
`yeweauneane, MI
`Soc. Sec. No.
`
`RR
`POBox.
`_
`Apt. Na,
`w-— —. State...Zip Code
`Foreign Map Code
`City
`
`Work Phone
`Home Phone
`Emai! Address
`
`

`

`"PAGE 3OF &
`
`Additiona! important messages - continued
`Account Centeris available 24/7 for you ta manage your LANE BRYANT RETAIL account
`online. You can make payments and view yourbalance,transactions and statements online. Not yet
`registered? Visit Ibcard.com, enter your LANE BRYANT RETAIL credit card account numberand ZIP
`code, then verify youridentity.
`We're looking out for you. We remain focused on the health and well-being of our customers and
`associates, and we'll continueto stay on top of what's happening during the pandemic so we can best
`support you.
`
`IMMEDIATE ATTENTION REQUIRED! Your Accountis extremely past due and will be written off as a
`bad debtat the end of this month. To avold this, you can pay the Minimum amount shown onthis
`slatement before the end of this month. If you are not able to pay the Minimum Payment amount, we will
`still be abla to assisl you and prevent your accountfrom being written off. Call us at 1-855-617-8089
`(TOD/TTY 1-800-695-1788) and we will find a suitable payment before the end of this 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 permitted and available under applicable law, to protect ourinterests.
`
`32000109
`
`oo01414a HE? 8S)
`
`0000235600 000073658
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` PAGE 40F 4
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