throbber
CL-24-1465-D
`
`CAUSE NO.
`
`Electronically Submitted
`4/4/2024 12:32 PM
`Hidalgo County Clerk
`Accepted by: Alejandra Lara
`
`IN THE COUNTY COURT
`

`
`§ §
`
`Midland Credit Management, Inc.
`Plaintiff,
`
`vs.
`
`SERGIO GONZALEZ
`Defendant.
`
`§ AT LAW NO. ____


`§ OF HIDALGO COUNTY, TEXAS
`
`PLAINTIFF'S ORIGINAL PETITION
`
`TO THE HONORABLE JUDGE OF SAID COURT:
`
`COMES NOW Midland Credit Management, Inc. ("Plaintiff"), a foreign corporation, and
`
`for cause of action against Defendant Sergio Gonzalez, would show unto the Court as follows:
`
`1.
`
`Discovery is to be conducted under Level 1 of Rule 190 of the Texas Rules of Civil
`
`Discovery Control Plan
`
`Procedure.
`
`2.
`
`Plaintiff seeks only monetary relief of $250,000 or less, excluding interest, statutory
`
`or punitive damages and penalties, and attorney fees and costs.
`
`Nature of Case
`
` 3.
`
`Plaintiff seeks a recovery for damages arising from Defendant Sergio Gonzalez's
`
`default on a Credit Account, which Defendant used or authorized to be used and for which
`
`Defendant became obligated to repay. Plaintiff sues herein for suit on debt/account stated. Plaintiff
`
`seeks a money judgment against the Defendant.
`
`Parties
`
`4.
`
`5.
`
`Plaintiff, Midland Credit Management, Inc., is a foreign corporation .
`
`Defendant Sergio Gonzalez is an adult individual upon whom service of citation may
`
`be had at Defendant's residence which is located at 4513 Ben Hogan Ave, Mcallen, TX 78503 or
`
`where they may be found.
`
`Plaintiff's Original Petition - Sergio Gonzalez (S&A 2557334)
`
`Page 1
`
`S&A Form TempFile.wpd
`
`

`

`CL-24-1465-D
`
`Venue
`
`Electronically Submitted
`4/4/2024 12:32 PM
`Hidalgo County Clerk
`Accepted by: Alejandra Lara
`
`6.
`
`Venue is proper in Hidalgo County pursuant to Section 15.002(a)(2) of the Texas
`
`Civil Practice and Remedies Code because it is the county of residence for one or more of the
`
`defendants at the time the cause of action accrued.
`
`Facts
`
`7.
`
`In the usual course of business, Comenity Capital Bank advanced dollar amounts on
`
`a Credit Account, account number XXXXXXXXXXXXXX1326, which Defendant used or
`
`authorized to be used for the purchases of goods, merchandise, services or for cash advances and
`
`for which Defendant became bound to repay Comenity Capital Bank for all amounts thereby
`
`advanced (hereinafter, the "Account").
`
`8.
`
`The Defendant ceased making the required payments on the Account, thereby
`
`creating a default. Ultimately, the Account was charged-off on December 31, 2022. As of the filing
`
`of this lawsuit, there remains an unpaid balance of $2,922.20.
`
`9.
`
`Plaintiff is the true party in interest to the Contract in that it is the assignee, owner
`
`and/or beneficiary of all rights pursuant to an assignment of the Contract to Plaintiff.
`
`10.
`
`On or about February 15, 2024, Plaintiff sent a letter to Defendant demanding
`
`payment in full of the Account (the "Demand Letter"); however, despite delivery of the Demand
`
`Letter, the Account has not been paid. There continues to be owed by Defendant to Plaintiff an
`
`unpaid balance of $2,922.20.
`
`COUNT I - Suit on Debt / Account Stated
`
`11.
`
`Paragraphs 1 through 10 are incorporated by reference.
`
`12.
`
`Plaintiff is the owner and beneficiary of all claims related to the Account. In
`
`accordance with federal regulations, Comenity Capital Bank sent monthly periodic statements for
`
`the Account to the Defendant. Based upon Plaintiff's records, there are no unresolved billing
`
`disputes related to the Account and the amount that is due and owing on the Account is $2,922.20;
`
`said amount being just and true after all lawful offsets, payments and credits have been allowed.
`
`Plaintiff's Original Petition - Sergio Gonzalez (S&A 2557334)
`
`Page 2
`
`

`

`CL-24-1465-D
`
`Electronically Submitted
`4/4/2024 12:32 PM
`Hidalgo County Clerk
`Accepted by: Alejandra Lara
`
`13.
`
`Plaintiff is entitled to recover on the Account because (i) transactions between
`
`Plaintiff and the Defendant gave rise to an indebtedness, (ii) there existed an agreement between the
`
`Plaintiff and the Defendant which established the amount that was due to Plaintiff, and (iii) the
`
`Defendant promised to pay Plaintiff on the debt which was incurred, but failed to do so.
`
`14.
`
`Plaintiff has presented its claim to Defendant for payment, but Defendant has failed
`
`and refused to pay the amount owed.
`
`Waiver of Attorneys Fees
`
`15.
`
`Plaintiff expressly waives its right, if any, to recover its attorneys fees in this matter.
`
`Conditions Precedent
`
`16.
`
`All conditions precedent to Plaintiff's right of recovery have been fulfilled.
`
`[Continued on Next Page]
`
`Plaintiff's Original Petition - Sergio Gonzalez (S&A 2557334)
`
`Page 3
`
`

`

`CL-24-1465-D
`
`Prayer
`
`Electronically Submitted
`4/4/2024 12:32 PM
`Hidalgo County Clerk
`Accepted by: Alejandra Lara
`
`WHEREFORE, Plaintiff Midland Credit Management, Inc. prays that
`Defendant Sergio Gonzalez be cited to appear and answer herein, that this
`Court set this matter for hearing, and that upon final hearing hereof, Plaintiff
`have judgment against the Defendant as set forth herein:
`
`
`
`
`
`
`
`a. Damages in the amount of $2,922.20,
`
`b. Cost of Court, and
`
`c. For such other relief to which Plaintiff may show itself entitled.
`
`Respectfully submitted,
`
`SCOTT & ASSOCIATES, P.C.,
`
`Digitally signed by Tarria Simmons Barker
`DN: o=MJSPC, ou=Legal, uid=274920477
`/s/ Tarria Simmons Barker
`Date: 4/3/2024 4:38:31 PM
`
`Tarria Simmons Barker
`
`SBN 24128417
`
`P. O. Box 115220
`Carrollton, Texas 75011
`Telephone: (214) 234-8456
`Facsimile: (214) 234-8454
`Courts@scott-pc.com
`
`ATTORNEYS FOR PLAINTIFF
`
`S&A
`
`2557334
`
`

`

`ATLA
`
`In re: Sergio Gonzalez
`0128991-406
`
`Clerk of the County Court
`Hidalgo County, Texas
`100 N Closner- 1st Floor
`Edinburg, TX 78539
`
`CL-24-1465-D
`
`Electronically Submitted
`4/4/2024 12:32 PM
`Hidalgo County Clerk
`Accepted by: Alejandra Lara
`
`@abclega
`
`700 Highlander Blvd #200, Arlington, TX 76015
` Phone: 214-920-9688
`
` PARTNER
`ABC E-File Texas
` E-FILE ONLY, Dallas, TX 75220
`
`ORIGINAL PETITION 3 CIVIL CASE
`COUNTY COURT
`
`RE: Midland Credit Management Inc. vs. Sergio Gonzalez; TX County Court for Hidalgo County
`
`Dear Sir or Madam:
`Enclosed please find the following documents:
`" Cover letter
`" Original Petition (Original plus copies)
`
`Instructions:
`" Please file the Original Petition
`" Please issue a separate Citation for each defendant for service by a private process server
`The Citation(s) should be issued to:
`Sergio Gonzalez
`4513 Ben Hogan Ave
`Mcallen, TX 78503
`
`" Please return this coversheet, the original Citation, and a filed-stamped copy of the Original
`Petition to ABC Legal by:
`Mail to ABC Legal at 700 Highlander Blvd Ste 200, Arlington TX 76015
`Hold for pickup by local ABC courier
`Email to mjscourts@abclegal.com
`
`aie
`
`X
`
`In re: Sergio Gonzalez
`0128991-406
`
`Thank you in advance for your assistance!
`ABC Legal Services
`
`** Please do not throw me away **
`Return this page with the citation and petition
`This barcode is very important to us
`
`Generated:
`
`04/04/2024
`
`

`

`Electronically Submitted
`4/4/2024 12:32 PM
`Hidalgo County Clerk
`Accepted by: Alejandra Lara
`
`CL-24-1465-D
`
`EXHIBIT A
`
`BILL OF SALE
`
`Comenity Capital Bank (“Seller”), for value received and pursuant to the terms and
`conditions of that certain Credit Card Account Purchase Agreement dated January 4,
`2021 between Seller and Midland Credit Management, Inc. (“Purchaser”), its successors
`and assigns (“Credit Card Account Purchase Agreement”), hereby assigns effective as of
`the Closing Date of January 24, 2023 all rights, title and interest of Seller in and to those
`the Credit Card Account Purchase Agreement and
`certain Accounts described in
`Schedule | (the “Asset Schedule”) attached hereto and made part hereof for all purposes,
`to Purchaser.
`Accounts
`“Seller’s
`(collectively,
`File
`Sale
`the
`in
`contained
`information
`The
`Further, all of the
`Information”) is true and complete as of the File Creation Date.
`information contained in Seller’s Accounts Information (a) constitutes Seller’s own
`all material
`business records regarding the Accounts and (b) accurately reflects in
`All of Seller's
`respects the information about the Accounts in Seller’s possession.
`Accounts Information has been kept in the regular course of Seller’s business, and was
`made or compiled at or near the time of the event and recorded by (or from information
`transmitted by) a person (i) with knowledge of the data entered into and maintained in
`Seller’s business records, or (ii) who caused the data to be entered into and maintained in
`Seller’s business records. All capitalized terms used, but not defined, in this Bill of Sale
`shall have the meanings assigned to such term in the Credit Card Account Purchase
`Agreement.
`
`This Bill of Sale is executed without recourse except as stated in the Credit Card Account
`Purchase Agreement to which this is an Exhibit. No other representation of or warranty of
`title or enforceability is expressed or implied.
`
`COMENITY CAPITAL BANK
`
`a
`
`3/1 /2E22
`
`oy
`Date:
`Title: Chief Credit Officer
`
`Midland Credit Management, Inc.
`
`Lua VAL ie uM AY MWAt—
`By:
`ae
`
`Title
`
`

`

`CL-24-1465-D
`
`SCHEDULE 1 TO BILL OF SALE
`ASSET SCHEDULE
`
`Electronically Submitted
`4/4/2024 12:32 PM
`Hidalgo County Clerk
`Accepted by: Alejandra Lara
`
`The individual Accounts transferred pursuant to the Credit Card Account Purchase Agreement and
`named
`file
`electronic
`the
`in
`described
`are
`Sale
`of
`Bill
`2023 DPL_CCB.TXT;MCMG_MF_JAN_2023_LCS_CCB.TXT delivered by
`JAN
`MCMG MF
`January 18, 2023 and
`on
`Inc.
`Management,
`Credit
`Midland
`to
`Bank
`Capital
`Comenity
`summarized in the table immediately below (the “Sale File”).
`
`# of Charged-off
`Accounts
`
`Aggregate Unpaid Balance
`
`Percent
`
`File Creation Date
`
`1/17/2023
`
`

`

`Field
`Account Number
`Seller Account ID
`First Name
`Last Name
`SSN
`Date of Birth
`Address 1
`City
`State
`Zip
`Open Date
`Last Purchase Date
`Last Purchase Amount
`Last Payment Date
`Last Payment Amount
`Sale Amount
`Charge Off Date
`Charge off Balance
`Post Charge Off Interest
`Post Charge off Fee
`Post Charge off Payments
`Post Charge off Payments and Credits
`Post Charge off Credits
`Affinity
`Alternate Account #1
`
`Electronically Submitted
`4/4/2024 12:32 PM
`Hidalgo County Clerk
`Accepted by: Alejandra Lara
`
`Field Data
`CL-24-1465-D
`ee 326
`5 547
`SERGIO
`GONZALEZ
`XXX-XX-1473
`Pp
`4513 BEN HOGAN AVE
`MCALLEN
`TX
`78503
`04/21/2021
`06/03/2022
`$73.48
`05/10/2022
`$90.00
`$2,922.20
`12/31/2022
`$2,922.20
`$0.00
`$0.00
`$0.00
`$0.00
`$0.00
`ACADEMY SPORTS + OUTDOORS
`ee 326
`
`Account information provided by Comenity Capital Bank pursuant to the Bill of Sale/Assignment of Accounts transferred
`
`on or about 01/24/2023 in connection with the sale of accounts from Comenity Capital Bank to Midland Credit
`
`Management, Inc.
`
`MCMG_MF_JAN_2023_DPL_CCB.TXT;
`
`MCMG_MF_JAN_2023_LCS_CCB.TXT
`
`

`

`Electronically Submitted
`YOUR TICKET TO MORE FUN.
`4/4/2024 12:32 PM
`Hidalgo County Clerk
`Accepted by: Alejandra Lara
`CL-24-1465-D
`=) 5% OFF PURCHASES
`
`when you use your Academy Sports + Outdoors Credit Card every day.”
`
`Summary of account activity
`Account no.
`HERE AEES KEXP _ 1306
`
`Previous balance
`Payments
`Other credits
`Purchases
`Other debits
`
`Fees charged
`Interest charged
`New balance
`
`Past due amount
`Credit limit
`Available credit
`Statement closing date
`Days in billing cycle
`
`$357.53
`-30.00
`0.00
`0.00
`0.00
`
`0.00
`1.73
`$335.26
`
`0.00
`$400.00
`$64.74
`11/22/2021
`30
`
`*See back for details
`
`Payment information
`New balance
`Minimum payment due
`Payment due date
`
`PAGE 1 OF 6
`
`$335.26
`$29.00
`12/18/2021
`
`.
`Late payment warning:
`If we do not receive your minimum payment by 12/18/2021 you may
`have to pay up to a $40.00 late fee.
`
`Minimum payment warning: If you make only the minimum
`payment for each period, you will pay more in interest and it will take
`you longer to pay off your balances. For example:
`
`If you make no additional
`charges using this card
`and each month you pay:
`
`And you will
`You will pay off
`the balance shown | end up paying an
`| onthe statement | estimated total
`in about:
`of:
`Only the minimum payment | 14 months
`$394
`
`For information regarding credit counseling services,
`call 1-800-284-1706.
`
`Account Questions? Need to make a payment? Want to know how to go paperless?
`Visit comenity.net/academy or call 1-877-321-8509 (TDD/TTY 1-888-819-1918).
`
`Skip signing in to pay and use Comenity’s EasyPay. It’s safe and convenient. Use your smartphone camera or code
`reader to scan the QR code printed on your payment stub below to get started.
`
`Academy Sports + Outdoors Credit Card
`
`Free Shipping on academy.com
`orders of $15 or more**
`
`Visit comenity.net/academy to
`manage your account online.
`
`Go Paperless! Log-in at
`comenity.net/academy to sign
`up for paperless statements.
`
`Details of your transactions
`TRANS DATE
`TRANSACTION DESCRIPTION/LOCATION
`
`11/10/2021
`
`PAYMENT - THANK YOU
`
`Fees
`
`Total fees charged for this period
`
`Interest charged
`
`Interest charge on purchases
`
`Total interest for this period
`
`2021 totals year to date
`Total fees charged in 2021
`Total interest charged in 2021
`
`$0.00
`$50.19
`
`AMOUNT
`
`-30.00
`
`$0.00
`
`$7.73
`
`$7.73
`
`NOTICE: See reverse side for important information.
`
`Please tear at perforation above
`
`PD Ac a de my’
`SPORTS+OUTDOORS
`
`Yes, | have moved or updated my
`e-mail address - see reverse.
`
`Amount
`enclosed:
`
`Account
`
`number
`
`HERE EERE LERRK 9 326
`
`Minimum payment
`New balance
`$29.00
`$335.26
`CIT
`99
`Mailed payments must reach us by 6pm ET
`on 12/18/2021.
`
`SERGIO GONZALEZ
`4513 BEN HOGAN AVE
`MCALLEN TX 78503-7326
`
`Please make check payable to:
`COMENITY - Academy Sports + Outdoors
`
`Please return this portion along with your payment to:
`PO BOX 650967
`DALLAS TX 75265-0967
`
`

`

`*B% OFF EVERY DAY: Subject to credit approval. Cannot be combined with any other offer
`
`unless otherwise stated or purchase placed on special financing. Full amount of purchase must
`
`be onthe Academy Sports + Outdoors Credit Card to receive discount. Cannot be used as
`
`Electronically Submitted
`4/4/2024 12:32 PM
`Hidalgo County Clerk
`Accepted by: Alejandra Lara
`
`CL-24-1465-D
`
`payment on Academy Sports + Outdoors Credit Card accounts. Cannot be used to purchase
`
`gift cards or in-store services. See Team Member or visit academy.com/instore-services for list
`
`of in-store services. For changes and additional exclusions or restrictions that may apply,
`
`visit academy.com/creditcard.
`
`The Academy Credit Card is issued by Comenity Capital Bank.
`
`Keep this portion for your records.
`
`What To Do If You Think You Find A Mistake On Your Statement
`
`If you think there is an error on your statement, write to us at: Comenity
`Capital Bank PO Box 182620, Columbus, OH 43218-2620.
`
`In your letter, give us the following information:
`* Account information: Your name and account number.

`Dollar amount: The dollar amount of the suspected error.
`© Description of Problem: |f you think there is an error on your bill,
`describe what you believe is wrong and why you believe it
`is a mistake.
`
`You must contact us within 60 days after the error appeared on your
`statement.
`
`You must notify us of any potential errors in writing. You may call us, but if
`you do we are not required to investigate any potential errors and you may
`have to pay the amount in question.
`
`While we investigate whether or not there has been an error, the following
`are true:
`® We cannot try to collect the amount in question, or report you as
`delinquent on that amount.
`© The charge in question may remain on your statement, and we may
`continue to charge you interest on that amount. But, if we determine that
`we made a mistake, you will not have to pay the amount in question or
`any interest or other fees related to that amount.
`® While you do not have to pay the amount in question, you are responsible
`for the remainder of your balance.
`® We can apply any unpaid amount against your credit limit.
`
`Your Rights If You Are Dissatisfied With Your Credit Card Purchases
`
`If you are dissatisfied with the goods or services that you have purchased
`with your credit card, and you have tried in good faith to correct the
`problem with the merchant, you may have the right not to pay the remaining
`amount due on the purchase.
`
`To use this right, all of the following must be true:
`
`1. The purchase must have been made in your home state or within 100
`miles of your current mailing address, and 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
`that sold you the goods or services.)
`
`2. You must have used your credit card for the purchase. Purchases made
`with cash advances from an ATM or with a check that accesses your credit
`card account do not qualify.
`
`3. You must not yet have fully paid for the purchase.
`
`If all of the criteria above are met and you are still dissatisfied with the
`purchase, contact us in writing at: Comenity Capital Bank PO Box 182620,
`Columbus, OH 43218-2620.
`
`While we investigate, the same rules apply to the disputed amount as
`discussed above. After we finish our investigation, we will tell you our
`decision. At that point, if we think you owe an amount and you do not pay
`we may report you as delinquent.
`
`HOW TO AVOID PAYING INTEREST. Your due date is at least 25 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 to
`charge interest on new purchases made under a Low APR, Equal Payment
`or Budget Payment Credit Plan from the date of purchase.
`
`BALANCE COMPUTATION METHOD. We calculate interest separately for
`each type of balance on your account using a “Daily Balance” to determine
`interest charges for each billing period. We figure the interest charge on
`your account by applying the periodic rate to the “daily balance” of your
`account for each day in the billing cycle. To get the “daily balance” we
`take the beginning balance of your account each day, add any new
`purchases and fees, and subtract any payments or credits (treating any net
`credit balance as a zero balance). This gives us the daily balance.
`
`CREDIT REPORTING. We may report information about your account to
`credit bureaus. Late payments, missed payments, or other defaults on your
`account may be reflected in your credit report.
`
`NOTICE OF CREDIT REPORT DISPUTES
`If you believe the account information we reported to a consumer reporting
`agency is inaccurate, you may submit a direct dispute to Comenity Capital
`Bank PO Box 182120, Columbus, OH 43218-2120. Your written dispute
`must provide sufficient information to identify the account and specify why
`the information is inaccurate:
`* Account Information: Your name and account number
`® Contact Information: Your address and telephone number
`Disputed Information: Identify the account information disputed and
`explain why you believe it
`is inaccurate
`Supporting Documentation: If available, provide a copy of the section of
`the credit report showing the account information you are disputing
`
`We will investigate the disputed information and report the results to you
`within 30 days of receipt of the information needed for our investigation. If
`we find that the account information we reported is inaccurate, we will
`promptly provide the necessary correction to each consumer reporting
`agency to which we reported the information.
`
`PAYMENTS MARKED "PAID IN FULL". All written communications
`regarding disputed amounts that include any check or other payment
`instrument marked with “payment in full” or similar language, must be sent
`to: 3000 Kellway Drive, Suite 120 Carrollton, TX 75006.
`DO NOT USE THE ENCLOSED REMITTANCE ENVELOPE.
`- We may accept payment sent to any other address without losing any of
`our rights.
`- No payment shall operate as an accord and satisfaction without prior
`written approval.
`
`CUSTOMER SERVICE. Visit comenity.net/academy or call 1-877-321-8509
`(TDD/TTY 1-888-819-1918).
`
`TELEPHONE MONITORING. To provide you with high-quality service,
`phone communication with us is monitored and/or recorded.
`
`ADDITIONAL INFORMATION. The following designations, when appearing
`on the front of your statement, mean the following: V means variable rate
`(this rate may vary); WV INT PAY RQ means WAIVE INTEREST, PAYMENT
`REQUIRED; WV INT EQ PY means WAIVE INTEREST, EQUAL PAYMENT; WV
`INT LOW PMT means WAIVE INTEREST, LOW PAYMENT; DF INT PY RQ
`means DEFER INTEREST, PAYMENT REQUIRED; DEF INT EQ PY means
`DEFER INTEREST, EQUAL PAYMENT; DF INT LOW PMT means DEFER
`INTEREST, LOW PAYMENT and LOW APR EQ PAY means LOW APR, EQUAL
`PAYMENT. If you have a variable rate account, your periodic rates may vary.
`You may pay all of your Account balance at any time without penalty.
`
`Send all inquiries to: CUSTOMER SERVICE, PO Box 183003, Columbus, OH
`43218-3003.
`
`Send all bankruptcy notices and related correspondence to Comenity
`Capital Bank, Bankruptcy Department, PO Box 183043, Columbus, OH
`43218-3043.
`
`NOTICE ABOUT ELECTRONIC CHECK CONVERSION. When you provide a
`check as payment, you authorize us either to use information from your
`check to make a one-time electronic fund transfer from your account or to
`process the payment as a check transaction. When we use information from
`your check to make an electronic fund transfer, funds may be withdrawn
`from your account as soon as the same day we receive your payment, and
`you will not receive your check back from your financial institution.
`
`PAYMENTS. Pay your Account by the payment due date by the time listed below. If we do not receive your payment in a correct format (outlined below) it
`may not be credited to your Account for up to five days, or may be rejected. Also, your payment must reach us by the payment cutoff time that applies to
`the payment method you select.
`
`Correct Format. Correct format for different payment methods include:
`
`Mailing or Overnight: Send a personal check, money order, traveler’s check or cashier’s check payable in U.S. dollars, to the name and address shown on
`this Statement in the payment stub area containing your balance and minimum payment amount. Be sure to include your payment stub, do not staple or
`clip your payment to the stub, include your account number on your check, use the envelope provided with your Statement, send one payment with one
`payment stub and do not send any correspondence with your payment. You should overnight a payment to 3000 Kellway Drive, Suite 120 Carrollton, TX
`75006 and the additional format requirements are the same as other mailed payments unless there is a dispute, in which case you follow the Payments
`Marked “Paid In Full” section above. Do not send cash or gift certificates. Pay By Phone: You can call us toll free at 1-877-321-8509 (TDD/TTY
`1-888-819-1918) to make a payment by telephone, which may include a fee. Online: You can make a payment online at comenity.net/academy. In-store:
`You can make payments in-store.
`
`Payment Cutoff Times. Payment cutoff times/deadlines for us to receive payments are by the due date on this Statement in the payment stub area at the
`following times: Mailing and Overnight: By 6:00 pm Eastern Time (ET); Pay By Phone: By 6:00 pm (ET); Online: By 6:00 pm (ET); and In-store: By the time
`the store closes at the location you make your payment.
`
`Title (optional)
`
`First Name
`
`New Information
`
`Soc. Sec. No.
`
`MI
`
`Last Name
`
`Street Address
`
`Apt. No.
`
`City
`
`Home Phone
`
`Email Address
`
`RR
`
`State
`
`PO Box
`
`Zip Code
`
`Foreign Map Code
`
`Work Phone
`
`

`

`CL-24-1465-D
`
`Electronically Submitted
`4/4/2024 12:32 PM
`Hidalgo County Clerk
`Accepted by: Alejandra Lara
`
`Interest charge calculation
`
`Your Annual Percentage Rate (APR) is the annual interest rate on your account. See BALANCE COMPUTATION METHOD
`on page 2 for more details. Minimum interest charge may exceed interest charge below, per your credit card agreement.
`
`PAGE 3 OF 6
`
`TYPE OF
`BALANCE
`
`Purchases
`
`Additional important messages
`
`APR
`
`BALANCE SUBJECT
`TO INTEREST RATE
`
`26.9900% (v)
`
`348.33
`
`INTEREST
`CHARGE
`
`7.73
`
`Save on Interest Payment: You can check Account Center 24/7 for up-to-date balance and payment
`amounts including any new payments, transactions, fees and daily accruing interest.
`You can avoid accruing additional daily interest on non-promotional purchases by paying the Save on
`Interest Payment amount by your billing statement due date.
`The Save on Interest Payment includes:
`- The balance of all non-promotional purchases and cash advances.
`- The full remaining balance of deferred interest promotional credit plans expiring in the billing period.
`- The required minimum payment amount for any other promotional credit plan or balance transfer.
`- Interest charges calculated from the last billing date.
`
`Important Reminder: If you make a purchase with this credit card using a promotional plan, the
`promotional plan expiration date and payment due date may be different. This means that if you have any
`remaining promotional plan balance after the promotional plan expiration date, the balance and any
`accrued interest (if applicable), will move to your regular revolving plan on the next billing statement.
`
`How to avoid or minimize interest charges: Be sure to pay any promotional plan balance in full on
`or before the plan expiration date shown in the “Details of your plans” section of your statement. Please
`also keep an eye out for notifications of when your promotional plan(s) are nearing their expiration
`date—you'll see them in the red box on page 1 of your statement. If you have questions, please call us
`toll-free at 1-877-321-8509 (TDD/TTY: 1-888-819-1918). To learn more about how promotional plans work,
`visit comenity.com/financial-education. We're always happy to help.
`
`Affected by COVID-19? Comenity Capital Bank Offers Support
`As the bank that manages your credit 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 1-877-321-8509 (TDD/TTY: 1-888-819-1918) to discuss how we may be able to help.
`Account Center is available 24/7 for you to manage your Academy Sports + Outdoors
`account online. You can make payments and view your balance, transactions and statements online.
`Not yet registered? Visit comenity.net/academy, enter your Academy Sports + Outdoors credit 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.
`
`IMPORTANT INFORMATION ABOUT LATE FEE CREDITS
`We may occasionally provide a credit for the amount, part or all, of a late fee charged to your account. If
`we do, we will charge a fee of up to $40.00 for any subsequent late payment. In addition, we may reverse
`the credit and repost the charge to your account if you fail to make the minimum payment due on or
`before the due date in the next billing period.
`
`**Subject to credit approval. Free Standard Shipping on academy.com orders of $15 or more when you
`use the Academy Sports + Outdoors Credit Card. Bulk items may be excluded, see product page for
`(CONTINUED)
`
`

`

`CL-24-1465-D
`
`Electronically Submitted
`4/4/2024 12:32 PM
`Hidalgo County Clerk
`Accepted by: Alejandra Lara
`
`Additional important messages - continued
`
`shipping information. Free shipping benefit cannot be combined with the Academy Sport + Outdoors
`employee discount.
`
`PAGE 4 OF 6
`
`Protect yourself against mail and phone consumer fraud.
`http://about.usps.com/publications/pub281/welcome.htm
`
`THE SAME ACCOUNT CENTER, ONLY BETTER.
`The redesigned Account Center features a streamlined view of important information
`and easy access to services you use the most. Plus, even more great updates to come!
`
`Better experience. More convenience.
`
`

`

`Electronically Submitted
`4/4/2024 12:32 PM
`Hidalgo County Clerk
`Accepted by: Alejandra Lara
`IMPORTANT NOTICE ABOUT CHANGES TO YOUR CREDIT CARD ACCOUNT
`
`CL-24-1465-D
`
`PAGE 5 OF 6
`
`card account
`Please read this important notice about changes to your credit
`(“Account”). This notice amends the Credit Card Agreement (“Agreement”) for your
`Account. Keep a copy for your records.
`
`Important Changes to Your Account Terms
`
`a summary of changes being mace to your Account terms. These changes
`The following is
`will take effect on 01/14/2022. For more information, see below.
`
`Revised Terms, as of 01/14/2022
`Up to $41
`Late Payment Fee
`Returned Payment Fee | Up to $41
`
`Minimum Payment: We are changing the way we calculate your minimum payment. If the
`New Balance on your statement is less than $30 (or $37 if you were charged a Late Fee
`during the prior six billing periods), the Minimum Payment is the New Balance. If the New
`Balance is more than $30 (or $37 if you were charged a Late Fee during the prior six billing
`periods), the Minimum Payment is the Past Due amount plus the sum of the amounts due on
`each Credit Plan.
`
`OTHER IMPORTANT INFORMATION
`
`Exceptions to Effectiveness of Changes: If your Account is currently subject to special terms because you are
`enrolled in a Servicemembers Civil Relief Act (SCRA), Credit Counseling Services, Hardship, or other similar program
`offered or recognized by us, changes described in this notice that are inconsistent with the special terms will not
`apply to your Account until you are no longer enrolled in such program.
`
`Late and Returned Payment Fee Details: As indicated in the table above, we are increasing the Late Payment Fee
`and Returned Payment Fee to up to $41. These fees generally will be $30 for the first occurrence and $41 for any
`subsequent occurrence within six billing periods.
`
`Questions? If you have questions about this notice, or about your Account, please call us at the Customer Service
`number shown on page 2 of the accompanying billing statement.
`
`CITS-PXX01 1420220NS-001
`
`ee
`
`

`

`CL-24-1465-D
`
`Electronically Submitted
`4/4/2024 12:32 PM
`Hidalgo County Clerk
`Accepted by: Alejandra Lara
`
`

`

`Electronically Submitted
`YOUR TICKET TO MORE FUN.
`4/4/2024 12:32 PM
`Hidalgo County Clerk
`Accepted by: Alejandra Lara
`CL-24-1465-D
`=) 5% OFF PURCHASES
`
`when you use your Academy Sports + Outdoors Credit Card every day.”
`
`Summary of account activity
`Account no.
`HERE AEES KEXP _ 1306
`
`Previous balance
`Payments
`Other credits
`Purchases
`Other debits
`
`Fees charged
`Interest charged
`New balance
`
`Past due amount
`Credit limit
`Available credit
`Statement closing date
`Days in billing cycle
`
`$1,761.78
`-90.00
`0.00
`245.69
`0.00
`
`0.00
`43.49
`$1,960.96
`
`0.00
`$3,000.00
`$1,039.04
`05/23/2022
`31
`
`Payment information
`New balance
`Minimum payment due
`Payment due date
`
`*See back for details
`
`PAGE 1 OF 4
`
`$1,960.96
`$99.00
`06/18/2022
`
`;
`Late payment warning:
`If we do not receive your minimum payment by 06/18/2022 you may
`h
`tte
`&
`ave to pay up to a $41.00 late
`fee.
`
`Minimum payment warning: If you make only the minimum
`payment for each period, you will pay more in interest and it will take
`you longer to pay off your balances. For example:
`
`If you make no additional
`charges using this card
`and each month you pay:
`
`And you will
`You will pay off
`the balance shown | end up paying an
`| onthe statement | estimated total
`in about:
`of:
`Only the minimum payment | 6 years
`$3310
`
`For information regarding credit counseling services,
`call 1-800-284-1706.
`
`Account Questions? Need to make a payment? Want to know how to go paperless?
`Visit comenity.net/academy or call 1-877-321-8509 (TDD/TTY 1-888-819-1918).
`
`||
`
`Skip signing in to pay and use Comenity’s EasyPay. It’s safe and convenient. Use your smartphone camera or code
`reader to scan the QR code printed on your payment stub below to get started.
`
`Academy Sports + Outdoors Credit Card
`
`Free Shipping on academy.com
`orders of $15 or more**
`
`Visit comenity.net/academy to
`manage your account online.
`
`Go Paperless! Log-in at
`comenity.net/academy to sign
`up for paperless statements.
`
`Details of your transactions
`
`TRANS DATE
`
`TRANSACTION DESCRIPTION/LOCATION
`
`04/23/2022
`
`05/10/2022
`05/23/2022
`
`Fees
`
`Academy Sports + Outdoors PURCHASE - MCALLEN-TX - Pickleball Bag, ACAD CC 5%
`DISCOUNT, 2 PLAYER REIN PADDLE/BALL SET, NIKE M COURT VISION LO SF
`PAYMENT - THANK YOU
`Academy Sports + Outdoors PURCHASE - MCALLEN-TX
`
`Total fees charged for this period
`
`Interest charged
`
`Interest charg

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