LVNV Funding LLC v. Tamia White

IN THE COUNTY COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA LVNV FUNDING LLC, PLAINTIFF, VS. TAMIA WHITE DEFENDANT(S). CASE NO. STATEMENT OF CLAIM COMES NOW, Plaintiff, LVNV Funding LLC, by and through the undersigned counsel, and sues the Defendant(s) Tamia White and alleges: GENERAL ALLEGATIONS 1. This is an action for damages that does not exceed $8,000.00. 2. Plaintiff is authorized to conduct business in Florida. 3. Defendant(s) Tamia White is/are an individual(s), a resident of Orange county and is sui Juris. 4. Venue is proper in Orange County. 5. On or about 04/03/2017, Defendant(s) opened a credit account with Plaintiff’s predecessor in interest, Credit One Bank, N.A.. 6. Plaintiff is the owner and holder of the debt. A copy of the chain of title and/or bill of sale to the Plaintiff is attached hereto as Exhibit A. 7. Upon information and belief this obligation originated with Credit One Bank, N.A. with a chain of title as follows: ORIGINAL CREDITOR: CREDIT ONE BANK, N.A. CREDITOR: MHC RECEIVABLES, LLC AND FNBM, LLC CREDITOR: CREDIT ASSET SALES LLC CREDITOR: RESURGENT ACQUISITIONS LLC CURRENT CREDITOR: LVNV FUNDING LLC 8. Plaintiff and or its representatives notified the Defendant(s) of the assignment more than thirty (30) days before the initiation of the suit pursuant to Florida Statute 559.715. See Correspondence attached hereto as Exhibit C. 9. The Defendant(s) utilized the credit account to make purchases for merchandise or services. 10. These purchases were paid by the Plaintiff and/or Plaintiff’s predecessor under its credit card program or to obtain cash advances from the Plaintiff and/or Plaintiff’s predecessor 11. All conditions precedent required to bring this action have occurred or have been performed. COUNT I. ACCOUNT STATED 12. Plaintiff re-alleges and incorporates the allegations contained in the General Allegations. 13. Defendant(s) made purchases and or received cash advances utilizing the credit account. 14. Defendant(s) implicitly agreed to pay the balance due for purchases and/or received cash. 15. Defendant(s) received regular monthly account statements for the credit account. 16. Defendant(s) did not timely object to the account statements. 17. Defendant(s) thereby expressly or impliedly agreed that the balance due reflected on the final statement, namely the principal sum of $1,801.52 is correct and due. A copy of the Final Account Statement is attached hereto as Exhibit B. 18. Defendant(s) owes Plaintiff the principal balance of $1,801.52 and the costs of bringing this action. WHEREFORE, Plaintiff demands judgment in its favor and against the Defendant in the amount of $1,801.52, plus cost, interest per annum from the date of judgment and all other relief this Court deems just and appropriate. Tromberg, Miller, Morris & Partners, PLLC Attorney for Plaintiff 600 West Hillsboro Boulevard, Ste. 600 Deerfield Beach, FL 33441 (800)280-6205 Phone/ 212-227-9656 Fax E-service Address: [email protected] Matter# 623006 By: Andreina Santapau ☐ Christine Morais, Esq., Fla. Bar 65457 ☐ Vanessa Lambert, Esq., Fla. Bar 693081 ☒ Andreina Santapau Esq, Fla. Bar 1064659 ☐ Harris Freedman, Esq., Fla. Bar 107334 THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. EXHIBITS Matter #: 623006 CREDIT ONE BANK CREDIT CARD STATEMENT Account Number 2023 to July 13, 2023 SUMMARY OF ACCOUNT ACTIVITY <table> <tr><th>Previous Balance</th><td>$1,718.18</td></tr> <tr><th>Payments</th><td>$0.00</td></tr> <tr><th>Other Credits</th><td>$0.00</td></tr> <tr><th>Purchases</th><td>$0.00</td></tr> <tr><th>Balance Transfers</th><td>$0.00</td></tr> <tr><th>Cash Advances</th><td>$0.00</td></tr> <tr><th>Fees Charged</th><td>$47.25</td></tr> <tr><th>Interest Charged</th><td>$36.09</td></tr> <tr><th>New Balance</th><td>$1,801.52</td></tr> <tr><th>Credit Limit</th><td>$1,350.00</td></tr> <tr><th>Available Credit</th><td>$0.00</td></tr> <tr><th>Statement Closing Date</th><td>07/13/23</td></tr> <tr><th>Days in Billing Cycle</th><td>30</td></tr> </table> PAYMENT INFORMATION <table> <tr><th>New Balance</th><td>$1,801.52</td></tr> <tr><th>Past Due Amount</th><td>$520.00</td></tr> <tr><th>Amount Due This Period</th><td>$1,320.52</td></tr> <tr><th>Minimum Payment Due</th><td>$1,801.52</td></tr> <tr><th>Payment Due Date</th><td>08/09/23</td></tr> </table> Late Payment Warning: If we do not receive your minimum payment by the date listed above, you may have to pay a late fee up to $39. Minimum Payment Warning: 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: <table> <tr> <th>If you make no additional charges using this card and each month you pay…</th> <th>You will pay off the balance shown on the statement in about…</th> <th>And you will end up paying an estimated total of…</th> </tr> <tr> <td>Only the minimum payment</td> <td>1 month(s)</td> <td>$1,802.00</td> </tr> </table> If you would like a location for credit counseling services, call 888-227-HELP if you are inside U.S. Or you may visit www.justice.gov/ust/list-credit-counseling-agencies-approved-pursuant-11-usc-111. TRANSACTIONS <table> <tr> <th>Reference Number</th> <th>Trans Date</th> <th>Post Date</th> <th>Description of Transaction or Credit</th> <th>Amount</th> </tr> <tr> <td rowspan="3">F57270062000CYLAC</td> <td colspan="2"></td> <td colspan="2">Payments, Credits, and Adjustments</td> </tr> <tr> <td>07/13</td> <td>07/13</td> <td>ANNUAL FEE 08/23 THROUGH 08/23</td> <td>8.25</td> </tr> <tr> <td>07/13</td> <td>07/13</td> <td>LATE FEE</td> <td>39.00</td> </tr> <tr> <td colspan="4">TOTAL FEES FOR THIS PERIOD</td> <td>47.25</td> </tr> <tr> <td>07/13</td> <td>07/13</td> <td>Interest Charged</td> <td>Interest Charge on Purchases</td> <td>36.09</td> </tr> <tr> <td>07/13</td> <td>07/13</td> <td>Interest Charged</td> <td>Interest Charge on Cash Advances</td> <td>0.00</td> </tr> <tr> <td colspan="4">TOTAL INTEREST FOR THIS PERIOD</td> <td><b>36.09</b></td> </tr> <tr> <td colspan="4">2023 Totals Year-to-Date</td> <td></td> </tr> <tr> <td colspan="3">Total fees charged in 2023</td> <td></td> <td>$356.47</td> </tr> <tr> <td colspan="3">Total interest charged in 2023</td> <td></td> <td>$225.34</td> </tr> </table> Your account is currently closed. We are changing parts of your Card Agreement, but not the rates and fees. See the enclosed Notice of Change in Terms to Your Card Agreement ("Notice"). If you are enrolled to receive paperless documents, the Notice will be placed in the Documents & Statements section of your online account. Annual Fee Notice. The Annual Fee for your Account of $99 will continue to be billed monthly at $8.25 for the coming year. See the Annual Fee Notice and other important information on the reverse. Go Paperless and manage your account online! We will notify you by email when your documents are available to view online. It's secure, convenient, and easy. Enroll today by logging into your account and going to 'Documents & Statements'. Please return this portion with your payment, and write your account number on your check, made payable to CREDIT ONE BANK. PAY YOUR BILL ONLINE at CreditOneBank.com Account Number: ___________________________ New Balance: $1,801.52 Minimum Payment Due: $1,801.52 Payment Due Date: 08/09/23 AMOUNT ENCLOSED: $ ____________ INTEREST CHARGE CALCULATION Your Annual Percentage Rate (APR) is the annual interest rate on your account. <table> <tr> <th>Type of Balance</th> <th>Annual Percentage Rate (APR)</th> <th>Balance Subject to Interest Rate</th> <th>Interest Charge</th> </tr> <tr> <td>Purchases</td> <td>28.65%(v)</td> <td>$1,511.47</td> <td>$36.09</td> </tr> <tr> <td>Cash Advances</td> <td>28.65%(v)</td> <td>$0.00</td> <td>$0.00</td> </tr> <tr> <td>STANDARD BALANCE TRANSFER</td> <td>28.65%(v)</td> <td>$0.00</td> <td>$0.00</td> </tr> </table> (v) = Variable Rate PO Box 510090 Livonia MI 48151-6090 resurgent capital services Account Number: [REDACTED] Original Creditor: Credit One Bank, N.A. Current Owner: LVNV Funding LLC Reference ID: 770026780 Accountholder Name: Tamia White TAMIA WHITE 6201 HOLIDAY HILL LN ORLANDO, FL 32808-4234 August 25, 2023 NOTICE OF ASSIGNMENT Dear Tamia White, Please be advised that effective 08/24/2023, LVNV Funding LLC has acquired your account. This account will now be serviced by Resurgent Capital Services L.P., which is the master servicer for LVNV Funding LLC. We may place this account with a sub-servicer for collections. For further assistance, please contact one of our Customer Service Representatives toll-free at [REDACTED] 374. Sincerely, Customer Service Department Resurgent Capital Services L.P. Please read the following important notices as they may affect your rights. This communication is from a debt collector. However, please note that this communication is not an attempt to collect a debt. The sole purpose of this communication is to provide you with information regarding the ownership of your above-referenced account as required by Florida law. BILL OF SALE AND ASSIGNMENT OF ACCOUNTS FROM CREDIT ONE BANK, N.A. TO MHC RECEIVABLES, LLC As of July 31, 2023, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Credit One Bank, N.A. ("Assignor") has transferred, has sold, has assigned, has conveyed, has granted and has otherwise delivered to MHC Receivables, LLC ("Assignee"), all of Assignor's right, title and interest in and to (i) the charged-off credit card accounts identified on an account level basis in the data file named CreditOne_Fresh_Resurgent_082023 (the "Computer File"), a copy of which is attached hereto and incorporated herein by reference as "Exhibit A"; and, (ii) certain related account level media or electronic copies thereof (including, but not limited to applications, statements, terms and condition), and (iii) all claims or rights arising out of or relating to each account referenced on the Computer File (collectively hereinafter, the "Accounts") including, but not limited to, all claims and rights afforded each Account by virtue of that Account's corresponding terms and conditions. The Accounts transferred under the terms of this Bill of Sale and Assignment of Accounts were each transferred to Assignee immediately following charge off for each applicable Account, as shown in the Computer File. With respect to information for the Accounts, Assignor represents and warrants to Assignee that the business records conveyed to Assignee relating to: (i) the Accounts issued by Assignor; and (ii) the sale and assignment of Accounts by Assignor (collectively, the "Business Records"), are kept by Assignor in the regular course of its business. It is in the regular course of business of Assignor for an employee or an authorized representative with personal knowledge of the act, event, condition, or opinion (collectively "Event") to be recorded, to make the appropriate memorandum or recording of the Event at or reasonably near the time of the Event. Furthermore, Assignor represents and warrants to Assignee that the Business Records are materially complete and accurate, and thoroughly embody the information in Assignor's custody and control for the Accounts from their creation until the time of transfer to Assignee. These representations and warranties are intended to augment any other representations and warranties the parties may have in place and not supplant any other existing warranties and representations. This Bill of Sale and Assignment of Accounts shall serve as evidence of ownership for the Accounts conveyed hereby and shall serve as an acknowledgment, as ratification, and as evidence of the intent of the parties to transfer the Accounts. CREDIT ONE BANK, N.A. [Signature] Michael Wiese Vice President EXHIBIT A ACCOUNT SCHEDULE The Accounts that are specifically identified in the electronic file named CreditOne_Fresh_Resurgent_082023 with such electronic file incorporated herein by reference. BILL OF SALE AND ASSIGNMENT OF RECEIVABLES FROM CREDIT ONE BANK, N.A. TO MHC RECEIVABLES, LLC As of July 31, 2023 for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Credit One Bank, N.A. ("Assignor") has transferred, has sold, has assigned, has conveyed, has granted and has otherwise delivered to MHC Receivables, LLC ("Assignee"), all of Assignor's right, title and interest in and to (i) the receivables associated with each and every account referenced in the data file named CreditOne_Fresh_Resurgent_082023 (the "Computer File"), a copy of which is attached hereto and incorporated herein by reference as "Exhibit A"; and, (ii) all claims or rights arising out of or relating to each of those Receivables (hereinafter, the "Receivables"). The Receivables transferred under the terms of this Bill of Sale and Assignment of Receivables were each transferred to Assignee prior to the charge off of the associated accounts, as shown in the Computer File. This Bill of Sale and Assignment of Receivables evidences the intent between the parties for the transfer of the Receivables, acts as an acknowledgement of those transfers, and, to the extent necessary, ratification of the transfers. With respect to information for the Receivables, Assignor represents and warrants to Assignee that the business records conveyed to Assignee relating to the Receivables (the "Business Records"), are kept by Assignor in the regular course of its business. It is in the regular course of business of Assignor for an employee or an authorized representative with personal knowledge of the act, event, condition, or opinion (collectively "Event") to be recorded, to make the appropriate memorandum or recording of the Event at or reasonably near the time of the Event. Furthermore, Assignor represents and warrants to Assignee that the Business Records are materially complete and accurate, and thoroughly embody the information in Assignor's custody and control for the Receivables from their creation until the time of transfer to Assignee. These representations and warranties are intended to augment any other representations and warranties the parties may have in place and not supplant any other existing warranties and representations. This Bill of Sale and Assignment of Receivables shall serve as evidence of ownership for the Receivables conveyed hereby and shall serve as an acknowledgment, as ratification, and as evidence of the intent of the parties to transfer the Receivables. CREDIT ONE BANK, N.A. Michael Wiese Vice President EXHIBIT A ACCOUNT SCHEDULE The Accounts that are specifically identified in the electronic file named CreditOne_Fresh_Resurgent_082023 with such electronic file incorporated herein by reference. BILL OF SALE AND ASSIGNMENT OF RECEIVABLES FROM MHC RECEIVABLES, LLC, TO FNBM, LLC As of August 24, 2023, MHC Receivables, LLC ("Assignor"), for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has periodically transferred, has sold, has assigned, has conveyed, has granted and has otherwise delivered to FNBM, LLC, ("Assignee") all of its rights, title and interest in and to (i) the receivables identified and specifically referenced for each of the accounts on an account level basis on the data file titled CreditOne_Fresh_Resurgent_082023 attached hereto and incorporated by reference as "Exhibit A"; and (ii) all claims or rights arising out of or relating to the account level receivables (hereinafter the "Receivables"). With respect to information for the Receivables, Assignor represents and warrants to Assignee that the business records conveyed to Assignee relating to the Receivables (the "Business Records"), are kept by Assignor in the regular course of its business. It is in the regular course of business of Assignor for an employee or an authorized representative with personal knowledge of the act, event, condition, or opinion (collectively "Event") to be recorded, to make the appropriate memorandum or recording of the Event at or reasonably near the time of the Event. Furthermore, Assignor represents and warrants to Assignee that the Business Records are materially complete and accurate, and thoroughly embody the information in Assignor's custody and control for the Receivables from their creation until the time of transfer to Assignee. These representations and warranties are intended to augment any other representations and warranties the parties may have in place and not supplant any other existing warranties and representations. This Bill of Sale and Assignment of Receivables shall serve as an acknowledgment, as ratification, and as evidence of the intent of the parties to transfer the Released Receivables referenced herein. MHC Receivables, LLC [signature] Mark Rufail, Authorized Representative EXHIBIT A ACCOUNT SCHEDULE The Accounts that are specifically identified in the electronic file named CreditOne_Fresh_Resurgent_082023, with such electronic file incorporated herein by reference. BILL OF SALE AND ASSIGNMENT OF RECEIVABLES FROM FNB:M, LLC, TO CREDIT ASSET SALES LLC On August 24, 2023, FNBM, LLC ("Assignor"), for good and valuable consideration, the receipt of which is hereby acknowledged, hereby transfers, sells, assigns, conveys, grants and delivers to Credit Asset Sales LLC ("Assignee"), all of its rights, title and interest in and to (i) the receivables identified and specifically referenced for each of the accounts on an account level basis on the data file titled CreditOne_Fresh_Resurgent_082023 attached hereto and incorporated by reference as "Exhibit A"; and (ii) all claims or rights arising out of or relating to the receivables (hereinafter the "Receivables"). This Bill of Sale and Assignment of Receivables shall serve as evidence of ownership for any of the Receivables conveyed hereby. FNBM, LLC Greg Hammond, Authorized Representative With respect to information for the Receivables, MHC Receivables, LLC ("MHC") represents and warrants to Assignee that the business records conveyed to Assignee relating to the Receivables (the "Business Records"), are kept by MHC in the regular course of its business. It is in the regular course of business of MHC for an employee or an authorized representative with personal knowledge of the act, event, condition, or opinion (collectively "Event") to be recorded, to make the appropriate memorandum or recording of the Event at or reasonably near the time of the Event. Furthermore, Assignor represents and warrants to Assignee that the Business Records are materially complete and accurate, and thoroughly embody the information in Assignor's custody and control for the Receivables from their creation until the time of transfer to Assignee. These representations and warranties are intended to augment any other representations and warranties the parties may have in place and not supplant any other existing warranties and representations. MHC Receivables, LLC Mark Rufail, Authorized Representative EXHIBIT A ACCOUNT SCHEDULE The Accounts that are specifically identified in the electronic file name CreditOne_Fresh_Resurgent_082023, with such electronic file incorporated herein by reference. BILL OF SALE AND ASSIGNMENT OF ACCOUNTS FROM MHC RECEIVABLES, LLC TO CREDIT ASSET SALES LLC On August 24, 2023, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, MHC Receivables, LLC ("Assignor"), hereby transfers, sells, assigns, conveys, grants and otherwise delivers to Credit Asset Sales LLC ("Assignee"), all of Assignor’s, rights title and interest in and to (i) the charged-off accounts identified on an account level basis in the data file named CreditOne_Fresh_Resurgent_082023 (the "Computer File"), a copy of which is attached hereto and incorporated herein by reference as "Exhibit A"; and, (ii) certain related account level media or electronic copies thereof (including, but not limited to applications, statements, terms and condition), and (iii) all claims or rights arising out of or relating to each referenced account (collectively hereinafter the "Accounts") including, but not limited to, all claims and rights afforded each account by virtue of that account’s corresponding terms and conditions. With respect to information for the Accounts described in the related Computer File, Assignor represents and warrants to Assignee that the business records relating to: (i) the Accounts owned by Assignor; and (ii) the sale and assignment of Accounts by Assignor (collectively, the "Business Records"), are kept by Assignor in the regular course of its business. It is in the regular course of business of Assignor for an employee or an authorized representative with personal knowledge of the act, event, condition, or opinion (collectively "Event") to be recorded, to make the appropriate memorandum or recording at or reasonably near the time of the Event. Furthermore, Assignor represents and warrants to Assignee that the Business Records are materially complete and accurate and thoroughly embody the information in Assignor’s custody and control for the Accounts listed in the Computer File from Assignor's receipt of those Accounts until the time of transfer to Assignee. These representations and warranties are intended to augment any other representations and warranties the parties may have in place and not supplant any other existing warranties and representations. This Bill of Sale and Assignment of Accounts shall serve as evidence of ownership for any of the Accounts conveyed hereby. MHC Receivables, LLC Mark Rufail, Authorized Representative EXHIBIT A ACCOUNT SCHEDULE The Accounts that are specifically identified in the electronic file name CreditOne_Fresh_Resurgent_082023, with such electronic file incorporated herein by reference. BILL OF SALE AND ASSIGNMENT OF ACCOUNTS AND RECEIVABLES FROM CREDIT ASSET SALES LLC TO RESURGENT ACQUISITIONS LLC Credit Asset Sales LLC ("Seller"), the owner of certain accounts and associated receivables (hereinafter referred to collectively as "Purchased Accounts"), for value received and in accordance with the terms of the Purchase and Sale Agreement, by and between Seller and Resurgent Acquisitions LLC. ("Buyer"), dated as of August 1, 2022 ("Agreement"), does hereby sell, assign and transfer to Buyer, its successors and assigns, all right, title and interest in and to the Purchased Accounts as described on the computer file named CreditOne_Fresh_Resurgent_082023 (the "Computer File"), a copy of which is attached hereto and incorporated herein by reference as "Exhibit A". This Bill of Sale and Assignment of Accounts and Receivables is subject to the terms of the Agreement and is made without representations and warranties of any kind or character except as expressly stated in the Agreement, or as expressly stated below. With respect to information for the Purchased Accounts described in the related Computer File, to the best of Seller's knowledge, Seller represents and warrants to Buyer that such information (i) is materially complete and accurate; (ii) constitutes Seller's own business records that pertain to the Purchased Accounts and accurately reflects in all material respects the information in Seller's database; (iii) was kept in the regular course of Seller's business; (iv) was made, entered or compiled in the regular course of business; (v) was recorded at or near the time the underlying activity occurred, by a person with knowledge of the data recorded; (vi) has been accurately maintained in Seller's database since it was recorded there; and (vii) it is the regular practice of Seller's business to maintain and compile such data. This Bill of Sale and Assignment of Accounts and Receivables may be entered as evidence of ownership for any of the Purchased Accounts conveyed hereby. Closing date: August 24, 2023 Credit Asset Sales LLC Craig Bennett, Authorized Representative EXHIBIT A ACCOUNT SCHEDULE The Accounts that are specifically identified in the electronic file name CreditOne_Fresh_Resurgent_082023, with such electronic file incorporated herein by reference. Exhibit F AFFIDAVIT OF SALE OF ACCOUNTS BY CREDIT ASSET SALES LLC State of South Carolina County of Charleston I, Craig Bennett, hereby affirm as follows: 1. I am over 18 and not a party to this action. I am an Authorized Signatory of Credit Asset Sales LLC ("Credit Asset Sales LLC"). In that capacity, I have access to certain books and records of Credit Asset Sales LLC and certain of its subsidiaries and affiliates and am aware of the process of the sale and assignment of electronically stored business records. 2. Credit Asset Sales LLC owns certain accounts and maintains and records information in its business records as those records relate to such accounts. I am authorized to make the statements and representations set forth in this affidavit on behalf of Credit Asset Sales LLC. The statements set forth herein are true and correct to the best of my knowledge, information, and belief, based on either personal knowledge or review of the business records of Credit Asset Sales LLC. 3. On August 24, 2023 (the "Sale Date"), Credit Asset Sales LLC sold a pool of charged-off accounts, and receivables due and owing associated with those accounts (hereinafter referred to collectively as "Purchased Accounts"), described on the computer file which specifically references each account in the data file, named CreditOne_Fresh_Resurgent_082023 (the "Computer File") by a Purchase and Sale Agreement and a Bill of Sale and Assignment to Resurgent Acquisitions LLC (the "Buyer") (such transaction being the "Sale"). The originating creditor, charge-off creditor, and prior servicer of the Purchased Accounts was Credit One Bank, N.A. 4. Pursuant to the Sale, Credit Asset Sales LLC sold, transferred, assigned, conveyed, granted, bargained, set over and delivered to the Buyer and its successors and assigns as of the Sale Date: (i) good and marketable title to the Purchased Accounts; (ii) the right to any future payments made arising out of the Purchased Accounts, (iii) any unpaid balance related to the Purchased Accounts, and (iv) all account documents in Credit Asset Sale LLC's' possession. All of the assets transferred to Buyer were transferred free and clear of any encumbrance, equity, lien, pledge, charge, claim or security interest of any kind. I am not aware of any errors or defects related to the Purchased Accounts, the Computer File, the account documents, or Credit Asset Sales LLC's ownership of and title to the Purchased Accounts. 5. In connection with the Sale of the Purchased Accounts, various records in different formats were transferred to or otherwise made available to the Buyer (the "Business Records"). As part of my regular job duties, I have knowledge of and access to Business Records relating to the Purchased Accounts. These Business Records were kept by Credit Asset Sales LLC in the regular course of business. It was within Credit Asset Sales LLC's' regular course of business for a representative with personal knowledge of the act, event, condition, or opinion recorded to make memorandums or records or to transmit information thereof to be included in memorandums or records. Any such memorandums or records were created at or near the time of the act or event recorded or reasonably soon thereafter. To the extent that the Business Records include records that were prepared by a third party, an agent, an affiliate, or a subsidiary, those records were incorporated into the records of Credit Asset Sales becoming part of its own Business Records. [signatures included on following page] The above statements are true to the best of my knowledge. Signed this 20 day of September, 2023 CRAIG BENNETT Affirmed to and subscribed before me this 8 day of September, 2023 Notary ALYSA BRADY Notary Public-State of South Carolina My Commission Expires March 14, 2029 Transfer and Assignment Resurgent Acquisitions LLC ("RALLC"), without recourse, to the extent permitted by applicable law, hereby transfers, sells, assigns, conveys, grants and delivers to LVNV Funding LLC ("LVNV") all of its right, title and interest in and to the receivables and other assets (the "Assets") identified on Exhibit A, in the Receivable File dated August 02, 2023 delivered by Credit Asset Sales LLC on August 24, 2023 for purchase by RALLC on August 24, 2023. The transfer of the Assets included electronically stored business records. Dated: August 24, 2023 Resurgent Acquisitions LLC a Delaware Limited Liability Company By: [signature] Name: Jackson Walker Title: Authorized Representative Dated: August 24, 2023 LVNV Funding LLC a Delaware Limited Liability Company By: [signature] Name: Daniel Picciano Title: Authorized Representative Exhibit A Receivables File 08.24.23 CreditOne_Fresh_Resurgent_082023 Transfer Group Portfolio Transfer Batch 946804 42244 N/A