IN THE DISTRICT COURT OF TULSA COUNTY
STATE OF OKLAHOMA
LVNV FUNDING LLC,
Plaintiff,
vs.
JESSICA CUNNINGHAM
Defendant(s).
Case No. CS-2025-00027
PETITION
COMES NOW the Plaintiff, by and through counsel, Nelson & Kennard, and herewith alleges the following and seeks redress as hereafter delineated.
1. Plaintiff is a national debt collection agency, which transacts business within the State of Oklahoma.
2. Venue is proper in this County, as the Defendant(s) either reside(s) in this County at the commencement of this action, or the contract which is the subject matter of this action was made, executed, and delivered in this County.
3. The last four (4) digits of the Defendant’s account number, used by the original creditor as of the date of default are XXXXXXXXXXXXXXX6542.
4. Plaintiff’s claim arises when the Defendant(s) opened a credit account and failed to make the required monthly payments as agreed. The credit account charged off for non-payment on 11/20/22, the balance due at time of default is as follows $1,241.83. A true and accurate copy of the last periodic statement provided to the Defendant(s) prior to charge-off is attached hereto as Exhibit 1. A true and accurate copy of the ownership of the credit card account is attached hereto as Exhibit 2.
5. The Defendant(s) breached the Contract by failing to make the required periodic payments.
6. As a direct and proximate result of the Defendant(s) default, the total amount of debt claimed is $1,241.83.
7. The date of the last payment made by the Defendant(s) is April 8, 2022.
8. Plaintiff seeks court costs, and for such further relief as the Court may deem proper in the premises.
WHEREFORE, Plaintiff, LVNV FUNDING LLC prays for judgment against the Defendant(s), JESSICA CUNNINGHAM in the amount of $1,241.83, plus all costs herein expended, including but not limited to, court costs, sheriff’s fees, and special process server fees, attorney fees; and for such other and further relief as the Court may deem proper in the premises.
Dated this November 26, 2024.
Nelson & Kennard
By:
Ashton Dewayne Sears, OBA # 35737
12596 W. Bayaud Ave., Ste. 120
Lakewood, CO 80228
Phone: 866-920-2295
Attorney for the Plaintiff
EXHIBIT 1
CREDIT ONE BANK CREDIT CARD STATEMENT
Account Number 6542
October 20, 2022 to November 19, 2022
SUMMARY OF ACCOUNT ACTIVITY
<table>
<tr><th>Previous Balance</th><td>$1,174.24</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>$20.34</td></tr>
<tr><th>New Balance</th><td>$1,241.83</td></tr>
<tr><th>Credit Limit</th><td>$750.00</td></tr>
<tr><th>Available Credit</th><td>$0.00</td></tr>
<tr><th>Statement Closing Date</th><td>11/19/22</td></tr>
<tr><th>Days in Billing Cycle</th><td>31</td></tr>
</table>
PAYMENT INFORMATION
<table>
<tr><th>New Balance</th><td>$1,241.83</td></tr>
<tr><th>Past Due Amount</th><td>$345.00</td></tr>
<tr><th>Amount Due This Period</th><td>$935.83</td></tr>
<tr><th>Minimum Payment Due</th><td>$1,241.83</td></tr>
<tr><th>Payment Due Date</th><td>12/15/22</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>$1,242.00</td>
</tr>
</table>
If you would like a location for credit counseling services, call 1-866-515-5720. Or you may visit www.justice.gov/ust/list-credit-counseling-agencies-approved-pursuant-11-usc-111.
QUESTIONS?
Call Customer Service or Report a Lost or Stolen Credit Card: 1-877-825-3242
Outside the U.S. Call: 1-702-405-2042
Please send billing inquiries and correspondence to:
P.O. Box 98873, Las Vegas, NV 89193-8873
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>
</table>
<table>
<tr>
<th colspan="5">Payments, Credits, and Adjustments</th>
</tr>
<tr><td colspan="5"></td></tr>
<tr><td colspan="5">Fees</td></tr>
<tr><td rowspan="2">F572700NJ000CYLAC</td><td>11/19</td><td>11/19</td><td>ANNUAL FEE 12/22 THROUGH 12/22</td><td>8.25</td></tr>
<tr><td>11/19</td><td>11/19</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 colspan="5">Interest Charged</td></tr>
<tr><td>11/19</td><td>11/19</td><td>Interest Charge on Purchases</td><td>20.34</td></tr>
<tr><td>11/19</td><td>11/19</td><td>Interest Charge on Cash Advances</td><td>0.00</td></tr>
<tr><td colspan="4">TOTAL INTEREST FOR THIS PERIOD</td><td>20.34</td></tr>
<tr>
<td colspan="4">2022 Totals Year-to-Date</td>
</tr>
<tr><td colspan="4">Total fees charged in 2022</td><td>$418.45</td></tr>
<tr><td colspan="4">Total interest charged in 2022</td><td>$164.34</td></tr>
</table>
Your account is currently closed.
NOTICE OF CHANGE IN TERMS TO YOUR REWARDS PROGRAM SUPPLEMENT
Effective 03/01/2023, Cash Back Rewards will be based on Net Eligible Purchases made with your Account from the first day to the last day of that month. All other terms in your Rewards Program Supplement remain unchanged. Please keep a copy of this document with your Card Agreement.
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>22.90%(v)</td>
<td>$1,065.89</td>
<td>$20.34</td>
</tr>
<tr>
<td>Cash Advances</td>
<td>22.90%(v)</td>
<td>$0.00</td>
<td>$0.00</td>
</tr>
</table>
(v) = Variable Rate
EXHIBIT 2
BILL OF SALE AND ASSIGNMENT OF ACCOUNTS FROM CREDIT ONE BANK, N.A. TO MHC RECEIVABLES, LLC
As of November 30, 2022, 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_122022 (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_122022 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 November 30, 2022 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_122022 (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_122022 with such electronic file incorporated herein by reference.
BILL OF SALE AND ASSIGNMENT OF RECEIVABLES FROM MHC RECEIVABLES, LLC, TO FNBM, LLC
As of December 16, 2022, 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_122022 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
Mark Rufail, Authorized Representative
EXHIBIT A
ACCOUNT SCHEDULE
The Accounts that are specifically identified in the electronic file named CreditOne_Fresh_Resurgent_122022, with such electronic file incorporated herein by reference.
BILL OF SALE AND ASSIGNMENT OF RECEIVABLES
FROM FNBM, LLC, TO CREDIT ASSET SALES LLC
On December 16, 2022, 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_122022 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_122022, 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 December 16, 2022, 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_122022 (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_122022; 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 January 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_122022 (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: December 16, 2022
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_122022, with such electronic file incorporated herein by reference.
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 December 05, 2022 delivered by Credit Asset Sales LLC on December 16, 2022 for purchase by RALLC on December 16, 2022. The transfer of the Assets included electronically stored business records.
Dated: December 16, 2022
Resurgent Acquisitions LLC
a Delaware Limited Liability Company
By: ____________________________
Name: Jackson Walker
Title: Authorized Representative
Dated: December 16, 2022
LVNV Funding LLC
a Delaware Limited Liability Company
By: ____________________________
Name: Daniel Picciano
Title: Authorized Representative
Exhibit A
Receivables File
12.16.22 CreditOne_Fresh_Resurgent_122022
Transfer Group Portfolio Transfer Batch
876440 41120 N/A
ACCOUNT SUMMARY REPORT
9/19/2024 2:08:44 PM
This account summary has been prepared by Resurgent Capital Services on behalf of LVNV Funding LLC. It is not a credit card or other account statement from the original creditor.
Borrower Information | Current Account Information
Name:
JESSICA CUNNINGHAM
Address:
8206 N 127th East Ave
City:
Owasso
State:
OK
Zip Code:
74055-6233
Owner:
LVNV Funding LLC
Resurgent Reference #:
743662689
Original Creditor:
Credit One Bank, N.A.
Account Number:
XXXXXXXXXXXXX6542
Current Balance Due:
$1241.83
Date of Last Payment:
04/08/2022
Recent Payment Transactions
No Transactions Found
Historical Account Information
The original creditor for this account was:
Credit One Bank, N.A.
P.O. Box 98873
Las Vegas, NV 89193
The origination date with original creditor was:
06/29/2016
The account charge-off date was:
11/20/2022
The account charge-off amount was:
$1,241.83
The account was acquired on or about:
12/16/2022
The account balance at time of acquisition:
$1,241.83
This communication is from a debt collector and this is an attempt to collect a debt. Any information obtained will be used for that purpose.
