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COTTON COUNTY • CS-2026-00035

Portfolio Recovery Associates, LLC v. Michael Alfrey

Filed: Apr 20, 2026
Type: CS

What's This Case About?

Let’s cut straight to the drama: in a move that feels less like a courtroom showdown and more like a corporate game of hot potato, an Oklahoma man named Michael Alfrey is now being sued—not by the bank he borrowed from, not by the credit card company that issued his card, but by a third-party debt collector that bought his $1,638.28 bill in a bulk sale like it was leftover electronics at a warehouse auction. Yes, someone actually filed a lawsuit over a credit card balance that, according to the final statement, was literally zero on paper—but apparently six figures deep in legal ambition.

So who are we talking about here? On one side, you’ve got Michael Alfrey of Duncan, Oklahoma—a regular guy with a credit card, a mailing address, and, presumably, a life that does not revolve around litigation. On the other side? Portfolio Recovery Associates, LLC—aka PRA, a professional debt collector that doesn’t issue credit cards, doesn’t answer customer service calls about cashback rewards, and definitely doesn’t care if you used your card at Dave’s Cave in Duncan (which, for the record, he did—$4.17 on March 19). No, PRA’s entire business model is built on buying up other people’s bad debt for pennies on the dollar and then trying to collect the full amount. Think of them as the vultures of the financial world—except they wear suits and sue people in court.

Now, how did we get here? Let’s follow the money trail, because it’s wilder than a soap opera plot. Back in September 2022, The Bank of Missouri opened a credit account for Michael Alfrey. Just a month later, that account was transferred to Ally Bank—because apparently, banks don’t like holding onto risky credit lines for long. Then, fast-forward to October 2024: Ally Bank looks at Alfrey’s account, sees a balance of $1,638.28, and decides, “Nah, we’re out.” So they charge off the debt—meaning they write it off as a loss for accounting purposes—and then, in a move that sounds like something out of The Wolf of Wall Street, they bundle it up with hundreds or maybe thousands of other defaulted accounts and sell the whole package to Portfolio Recovery Associates on November 25, 2024.

The next day—literally the day after the sale—PRA files a lawsuit in Cotton County District Court demanding judgment for that exact amount: $1,638.28. That’s right. Within 24 hours of acquiring the debt, they’re already in court. No warning letter, no “Hey, Mike, wanna pay this?”—just straight to litigation. And to prove they’re the new rightful owners of this financial grudge, they attach a notarized affidavit, a bill of sale, and even a “Certificate of Conformity” from a Delaware attorney, because when you’re suing someone over sixteen hundred bucks, you might as well bring the full legal entourage.

So what’s the legal claim here? It’s called a “petition for indebtedness,” which sounds fancy but basically means: “This person owes us money, and here’s the paperwork to prove we now own that debt.” In plain English: PRA is arguing that because they bought the account from Ally Bank, and because the records show Alfrey never paid it, they’re entitled to collect. They’re not accusing him of fraud, theft, or identity theft—just nonpayment. And they’re not asking for punitive damages, injunctions, or a lifetime supply of coupons. They just want the $1,638.28, plus court costs. That’s it. No bells, no whistles, just a cold, hard demand for what they say is owed.

And let’s talk about that number: $1,638.28. Is that a lot? In the grand scheme of debt collection lawsuits, it’s actually on the lower end. Most credit card lawsuits start around $3,000 or more. This one is barely above the small claims threshold in many states. In Oklahoma, small claims max out at $10,000, so this case could’ve been filed there—faster, cheaper, no lawyers needed. But no. PRA went full district court, with a team of six attorneys from Love, Beal & Nixon, P.C. (yes, that’s really the firm’s name—no relation to Love & Hip Hop, we assume). They sent a formal petition, cited affidavits, and even included a scanned copy of Alfrey’s credit card statement showing purchases at places like Imperial Services in Lawton and the Backporch Draughthouse. All of this for a sum that’s less than the average American spends on coffee in a year.

But here’s the most absurd part: according to the last statement from Ally, the “New Statement Balance” is listed as $0.00. How? Because on October 31, 2024, they applied a $1,638.28 credit—likely from the charge-off itself. Yet, despite that zero balance, the debt still exists in the eyes of collectors. Why? Because charging off a debt doesn’t erase it—it just means the original lender gave up on collecting it themselves. Then they sell it, and the new owner—PRA—gets to try their luck. So Alfrey’s statement says he owes nothing, but legally, he might still be on the hook. It’s like being told your library fine was waived… but then a private collections agency buys the record and sues you anyway.

Our take? This case is a perfect snapshot of how broken the American debt collection system has become. A man misses payments on a credit card—fine, that happens. But then his debt gets sold like a used car, bought by a company whose only job is to sue people, and ends up in court over less than two grand. The whole thing reeks of predatory efficiency: buy cheap, litigate fast, profit regardless. And while we’re not saying Michael Alfrey is a saint—he did, after all, run up a balance with a 29.49% APR and make only one $50 payment over several months—this feels less like justice and more like financial whack-a-mole. PRA isn’t trying to negotiate. They’re not offering payment plans. They’re not even pretending this is about helping someone get back on track. They’re just here to flip a spreadsheet entry into a court judgment.

We’re rooting for transparency. For a system where people know when their debt is sold, where they’re given a real chance to respond, and where companies can’t sue someone the day after buying their account. But mostly? We’re rooting for someone—anyone—to finally ask, “Wait… why are we doing this over $1,638?” Because at this rate, we’re all just one missed payment away from becoming a line item in some debt collector’s quarterly report. And that, folks, is the real crime here.

We’re entertainers, not lawyers. But even we know that no one should need a notary public and a six-attorney legal team to chase down a tab from Dave’s Cave.

Case Overview

$1,638 Demand Petition
Jurisdiction
District Court, Oklahoma
Relief Sought
$1,638 Monetary
Plaintiffs
Defendants
Claims
# Cause of Action Description
1 petition for indebtedness recovery of debt

Petition Text

8,197 words
25-34747-0 ZO1 010 IN THE DISTRICT COURT OF COTTON COUNTY STATE OF OKLAHOMA Portfolio Recovery Associates, LLC, Plaintiff, vs. Michael Alfrey, Defendant. PETITION FOR INDEBTEDNESS COMES NOW the Plaintiff, by and through its undersigned attorneys who hereby enter their appearance herein, and for its cause of action against the defendants alleges and states as follows: 1. THE BANK OF MISSOURI, provided credit to the defendant on account number XXXXXXXXXXXX9633. The Defendant defaulted on the obligation. The account has been assigned to Plaintiff. 2. Defendant owes Plaintiff $1,638.28. An Affidavit of Account and/or contract is attached hereto and incorporated by reference. WHEREFORE, Plaintiff prays for Judgment against the Defendant in the sum of $1,638.28, plus all court costs, accrued and accruing; and for such other relief as the Court may deem just and proper. William L. Nixon, Jr., #012804 Harley L. Homjak, #019736 Gracelyn Porras Dillingham, #35852 Jenifer A. Gani, #021876 Daniela Westfahl, #36242 Mariah S. Ellicott, #36309 Benjamin F. Brackett, #36580 LOVE, BEAL & NIXON, P.C. Attorney for Plaintiff P.O. Box 32738 Oklahoma City, OK 73123 Telephone: 405-720-0565 E-Mail: [email protected] Ally Credit Card PO BOX 1832 Wilmington, DE 19899 November 26, 2024 Michael Alfrey 5913 N 5th St Duncan, OK 73533-5737 RE: Notification of Assignment, Sale, or Transfer of your Credit Card Account Dear Michael Alfrey, The purpose of this notice is to inform you that your Ally credit card ending in 9633 issued by Ally Bank was sold to Portfolio Recovery Associates, LLC on or about 11/25/2024 with a balance of $1,638.28. Your account was originated and transferred as listed below: <table> <tr> <th>Account Owner</th> <th>Acquisition Date</th> </tr> <tr> <td>The Bank of Missouri</td> <td>Open Date: 9/27/2022</td> </tr> <tr> <td>Ally Bank</td> <td>Transfer Date: 10/28/2022</td> </tr> <tr> <td>Portfolio Recovery Associates, LLC</td> <td>Transfer Date: 11/25/2024</td> </tr> </table> What you need to know • Your account is now owned and managed by Portfolio Recovery Associates, LLC • Future communications about this account will be from Portfolio Recovery Associates, LLC • Any questions, concerns, payments, or correspondence should be sent to Portfolio Recovery Associates, LLC at the address below. • Notification will be sent to the consumer reporting agencies to reflect the transfer in ownership. Please allow up to 30 days for the consumer reporting agencies to process the change on your credit report. Mail your payments or correspondence to: Portfolio Recovery Associates, LLC P.O. Box 12914 Norfolk, VA 23541 You may also reach Portfolio Recovery Associates, LLC in English at 800-772-1413, ext. 1, in Spanish at 800-772-1413, ext. 2, or via the web at www.portfoliorecovery.com. Sincerely, Ally Bank ally Cardmember MICHAEL ALFREY Ally Credit Card Ending in 9633 Statement Summary New Statement Balance $0.00 Minimum Payment Due $522.00 Payment Due Date 11/25/2024 Past Due Amount $0.00 Summary of Account Activity Statement Closing Date 10/31/2024 Previous Balance $1,638.28 - Payments $0.00 - Other Credits $1,638.28 + Purchases $0.00 + Cash Advances $0.00 + Other Debits $0.00 + Fees Charged $0.00 + Interest Charged $0.00 New Statement Balance $0.00 Credit Limit $1,300.00 Available Credit $0.00 Cash Access Limit $390.00 Available for Cash $0.00 Late Payment Warning: If we do not receive your minimum payment by the date listed above, you may have to pay a late fee of up to $40.00. 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 this 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>4 Years</td> <td>$1,638.00</td> </tr> </table> For Information about Credit Counseling Services, call 1-877-412-6322 For account servicing, visit ally.com or call 1-888-366-2559 Transactions <table> <tr> <th>Trans Date</th> <th>Post Date</th> <th>Reference</th> <th>Description</th> <th>Amount</th> </tr> <tr> <td>10/31</td> <td>10/31</td> <td>F211200N100999990</td> <td>CHARGE OFF ACCOUNT-PRINCIPALS</td> <td>$1,300.36-</td> </tr> <tr> <td>10/31</td> <td>10/31</td> <td>F211200N100999990</td> <td>CHARGE OFF ACCOUNT-FEES AND INTEREST</td> <td>$337.92-</td> </tr> <tr> <th colspan="4">TOTAL FEES FOR THIS PERIOD</th> <th>$0.00</th> </tr> </table> <table> <tr> <th>Interest Charged</th> <th></th> </tr> <tr> <td>Interest Charge on Purchases</td> <td>$0.00</td> </tr> <tr> <td>Interest Charge on Cash Advances</td> <td>$0.00</td> </tr> </table> Pay online at ally.com or in the app - It's the fastest way to pay Please make checks payable to: Ally Credit Card ☐ New address, phone number or e-mail? Check the box to the left and print changes on back. ALLY CREDIT CARD P.O. BOX 660371 DALLAS TX 75266-0371 MICHAEL ALFREY 5913 N 5TH ST DUNCAN OK 73533-5737 Important Information about this Account Payments Online Payments: You may pay online at ally.com. Payments made online will be credited as of the same day if made by 11:59 p.m. Eastern Time. Payments by Mail: We credit mailed payments as of the date received, if the payment is: (1) received by 5 p.m. local time at the address shown on the remittance slip on the front of your statement; (2) paid with a check drawn in U.S. dollars on a U.S. financial institution or a U.S. dollar money order; and (3) sent in the return envelope with only the remittance portion of your statement accompanying it. Payments received by mail after 5 p.m. local time at the remittance address on any day including the Payment Due Date, but that otherwise meet the above requirements, will be credited as of the next day. Credit for any other payments may be delayed up to 5 days. Please allow 7 to 10 days for your mailed payment check to reach us by mail. We process most payment checks electronically by using the information found on your check. Each check authorizes us to create a one-time electronic funds transfer (or process it as a check or paper draft). Funds may be withdrawn from your account as soon as the same day we receive your payment. Checks are not returned to you. Payments by Phone: You may call us at 1-888-366-2559 to make a same day payment on your Account. Payments can be made by phone with an agent or through our automated system. Payments made with an agent will be credited as of the same day if made by 11:59 p.m. Eastern Time. Payments made through our automated system will be credited as of the same day if made by 5 p.m. Eastern Time. For verification purposes, the last 4 digits of your social security number will be used as your PIN. When paying by phone you authorize us to initiate, via the Automated Clearing House payment network, a single debit entry to your depositary bank account in the amount specified during the call. How we Calculate your Interest Charges Average Daily Balance Method (including new transactions): We figure the interest charge on your account by applying the "daily periodic rate" (DPR) to the "average daily balance". The daily periodic rate is calculated by dividing the APR by 365. The average daily balance for Purchases, Balance Transfers and Cash Advances categories are calculated separately. To get the average daily balance, we take the beginning balance of your Account each day, add to its respective category any new Purchases, Cash Advances, Balance Transfers, and/or applicable fees, and subtract payments and/or credits. This gives us the daily balance for each day, except that if the daily balance is negative, we treat it as zero. We then add up all of the daily balances for each category and divide by the number of days in the billing cycle. This gives us the average daily balance for each balance category. The interest charged for each balance category equals the average daily balance for that balance category times the applicable DPR times the number of days in the billing cycle. The results are then added together to determine the total interest charge for the billing cycle. To the extent interest comprises any part of your Average Daily Balance, compounding of interest will occur. When Interest Begins to Accrue on Purchases, Balance Transfers and Cash Advances: Interest on Purchases, Cash Advances and Balance Transfers accrues from the date of the transaction. If a transaction occurs in one billing cycle but is not posted to your Account until the next billing cycle, the transaction is added or subtracted on the first day of the billing cycle in which the transaction is posted to your Account. You will not have to pay interest on Purchases if you pay your New Statement Balance in full by the Payment Due Date shown on your statement, which shall not be less than 26 days after the close of the billing cycle. If you have been paying your Account balance in full and thereby avoiding interest on Purchases, but then do not pay the next New Statement Balance in full by the Payment Due Date, in that billing cycle we will start charging interest on the unpaid portion of your balance. Unless otherwise disclosed in a promotional offer, there is no period in which credit extended may be paid without incurring interest on Cash Advances or Balance Transfers. How we Allocate your Payments Subject to any restrictions of applicable law, we will apply your payments to the balances on your Account in whatever manner we determine. Generally, if your Account has balances (including new transactions) with different APRs, we will allocate the amount of your payment equal to the Minimum Payment Due to the lowest APR balances first. Payment amounts that exceed the Minimum Payment Due will be allocated to balances with higher APRs before balances with lower APRs. Available Credit Your Available Credit may be reduced by the amount of transactions authorized but not yet posted to your account. Payments posted to your account may not immediately result in credit availability. Lost or Stolen Card If your credit card is lost or stolen, please contact us immediately at 1-888-366-2559. What to Do If You Find a Mistake on Your Statement If you think there is an error on your statement, write to us at: Ally Credit Card, P.O. Box 9222, Old Bethpage, NY 11804. 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: If 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 or electronically. 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 any amount in question, or report you as delinquent on that amount. • But, if we determine that we made a mistake, you will not have to pay us the amount in question or any interest or other fees related to that amount. • The charge in question may remain on your statement, and we may continue to charge you interest on 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 are 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: Ally Credit Card P.O. Box 9222, Old Bethpage, NY 11804. 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. Please refer to your Cardmember Agreement for complete Account terms and conditions. Contact us 1. Visit our website: ally.com 2. Call us: Ally Credit Card 1-888-366-2559 3. Mail a payment: P.O. Box 660371 Dallas, TX 75266 4. Write to us: P.O. Box 9222 Old Bethpage, NY 11804 Change of Information: Name: ____________________________________________ Address: ________________________________________ Street _________________________________________ City ___________________ State ____________ ZIP ______ Phone Number: _________________________________ Email: _______________________________________ Transactions (continued) <table> <tr> <th>Trans Date</th> <th>Post Date</th> <th>Reference</th> <th>Description</th> <th>Amount</th> </tr> <tr> <td colspan="3">TOTAL INTEREST FOR THIS PERIOD</td> <td></td> <td>$0.00</td> </tr> </table> 2024 Totals Year-to-Date <table> <tr> <th>Total fees charged in 2024</th> <th>$160.00</th> </tr> <tr> <th>Total interest charged in 2024</th> <th>$242.76</th> </tr> </table> Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account <table> <tr> <th>Type of Balance</th> <th>APR</th> <th>Promotional Rate End Date</th> <th>Balance Subject To Interest Rate</th> <th>Interest Charge</th> </tr> <tr> <td>PURCHASES</td> <td>29.49% (V)</td> <td></td> <td>$0.00</td> <td>$0.00</td> </tr> <tr> <td>CASH ADVANCES</td> <td>29.49% (V)</td> <td></td> <td>$0.00</td> <td>$0.00</td> </tr> </table> Days in Billing Cycle: 30 (V) = Variable Rate See reverse side of page one for explanation of Interest Charge calculation. Cardmember MICHAEL ALFREY Ally Credit Card Ending in 9633 Page 1 of 2 Statement Summary New Statement Balance: $1,332.27 Minimum Payment Due: $46.00 Payment Due Date: 04/17/2024 Past Due Amount: $0.00 Late Payment Warning: If we do not receive your minimum payment by the date listed above, you may have to pay a late fee of up to $46.00. 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 an additional charge using this card each month you pay...</th> <th>You will pay off the balance shown on this 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>9 Years</td> <td>$3,232.00</td> </tr> <tr> <td>$57.00</td> <td>3 Years</td> <td>$2,034.00<br>(Savings = 1,198.00)</td> </tr> </table> For Information about Credit Counseling Services, call 1-877-613-6322 Summary of Account Activity Statement Closing Date: 03/22/2024 Previous Balance: $1,298.09 • Payments: $50.00 • Other Credits: $0.00 • Purchases: $52.27 • Cash Advances: $0.00 • Other Debits: $0.00 • Fees Charged: $0.00 • Interest Charged: $31.91 New Statement Balance: $1,332.27 Credit Limit: $1,300.00 Available Credit: -$32.00 Cash Access Limit: $390.00 Available for Cash: $0.00 Transactions <table> <tr> <th>Trans Date</th> <th>Post Date</th> <th>Reference</th> <th>Description</th> <th>Amount</th> </tr> <tr> <td>02/27</td> <td>02/27</td> <td>5550036EBBY46M17</td> <td>IMPERIAL SERVICES INC LAWTON OK</td> <td>$1.72</td> </tr> <tr> <td>03/16</td> <td>03/16</td> <td>8537993EX00XTMKFG</td> <td>ONE TIME MOBILE PAYMENT WOODBURY NY</td> <td>$50.00</td> </tr> <tr> <td>03/19</td> <td>03/19</td> <td>5543286F06165GNB4</td> <td>TST* BACKPORCH DRAFTHO LAWTON OK</td> <td>$44.00</td> </tr> <tr> <td>03/19</td> <td>03/19</td> <td>0514048F03FRDD1LT</td> <td>7E OK 13 MARLOW OK</td> <td>$2.38</td> </tr> <tr> <td>03/19</td> <td>03/19</td> <td>5542565F0BMW3WJZJ</td> <td>DAVE'S CAVE DUNCAN OK</td> <td>$4.17</td> </tr> <tr> <td colspan="4">TOTAL FEES FOR THIS PERIOD</td> <td>$0.00</td> </tr> </table> Pay online at ally.com or in the app - It's the fastest way to pay Please make checks payable to: Ally Credit Card ☐ New address, phone number or e-mail? Check the box to the left and print changes on back. ALLY CREDIT CARD P.O. BOX 660371 DALLAS TX 75266-0371 MICHAEL ALFREY 5913 N 5TH ST DUNCAN OK 73533-5737 Important Information about this Account Payments Online Payments: You may pay online at ally.com. Payments made online will be credited as of the same day if made by 11:59 p.m. Eastern Time. Payments by Mail: We credit mailed payments as of the date received, if the payment is: (1) received by 5 p.m. local time at the address shown on the remittance slip on the front of your statement; (2) paid with a check drawn in U.S. dollars on a U.S. financial institution or a U.S. dollar money order; and (3) sent in the return envelope with only the remittance portion of your statement accompanying it. Payments received by mail after 5 p.m. local time at the remittance address on any day including the Payment Due Date, but that otherwise meet the above requirements, will be credited as of the next day. Credit for any other payments may be delayed up to 5 days. Please allow 7 to 10 days for your mailed payment check to reach us by mail. We process most payment checks electronically by using the information found on your check. Each check authorizes us to create a one-time electronic funds transfer (or process it as a check or paper draft). Funds may be withdrawn from your account as soon as the same day we receive your payment. Checks are not returned to you. Payments by Phone: You may call us at 1-888-366-2559 to make a same day payment on your Account. Payments can be made by phone with an agent or through our automated system. Payments made with an agent will be credited as of the same day if made by 11:59 p.m. Eastern Time. Payments made through our automated system will be credited as of the same day if made by 5 p.m. Eastern Time. For verification purposes, the last 4 digits of your social security number will be used as your PIN. When paying by phone you authorize us to initiate, via the Automated Clearing House payment network, a single debit entry to your depository bank account in the amount specified during the call. How we Calculate your Interest Charges Average Daily Balance Method (including new transactions): We figure the interest charge on your account by applying the “daily periodic rate” (DPR) to the “average daily balance”. The daily periodic rate is calculated by dividing the APR by 365. The average daily balance for Purchases, Balance Transfers and Cash Advances categories are calculated separately. To get the average daily balance we take the beginning balance of your Account each day, add to its respective category any new Purchases, Cash Advances, Balance Transfers, and/or applicable fees, and subtract payments and/or credits. This gives us the daily balance for each day, except that if the daily balance is negative, we treat it as zero. We then add up all of the daily balances for each category and divide by the number of days in the billing cycle. This gives us the average daily balance for that balance category. The interest charged for each balance category equals the average daily balance for that balance category times the applicable DPR times the number of days in the billing cycle. The results are then added together to determine the total interest charge for the billing cycle. To the extent interest comprises any part of your Average Daily Balance, compounding of interest will occur. When Interest Begins to Accrue on Purchases, Balance Transfers and Cash Advances: Interest on Purchases, Cash Advances and Balance Transfers accrues from the date of the transaction. If a transaction occurs in one billing cycle but is not posted to your Account until the next billing cycle, the transaction is added or subtracted on the first day of the billing cycle in which the transaction is posted to your Account. You will not have to pay interest on Purchases if you pay your New Statement Balance in full by the Payment Due Date shown on your statement, which shall not be less than 25 days after the close of the billing cycle. If you have been paying your Account balance in full and thereby avoiding interest on Purchases, but then do not pay the next New Statement Balance in full by the Payment Due Date, in that billing cycle we will start charging interest on the unpaid portion of your balance. Unless otherwise disclosed in a promotional offer, there is no period in which credit extended may be paid without incurring interest on Cash Advances or Balance Transfers. How we Allocate your Payments Subject to any restrictions of applicable law, we will apply your payments to the balances on your Account in whatever manner we determine. Generally, if your Account has balances (including new transactions) with different APRs, we will allocate the amount of your payment equal to the Minimum Payment Due to the lowest APR balances first. Payment amounts that exceed the Minimum Payment Due will be allocated to balances with higher APRs before balances with lower APRs. Available Credit Your Available Credit may be reduced by the amount of transactions authorized but not yet posted to your account. Payments posted to your account may not immediately result in credit availability. Lost or Stolen Card If your credit card is lost or stolen, please contact us immediately at 1-888-366-2559. What to Do If You Find a Mistsake on Your Statement If you think there is an error on your statement, write to us at: Ally Credit Card, P.O. Box 8222, Old Bethpage, NY 11804. 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: If 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 or electronically. 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 any amount in question, or report you as delinquent 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. • The charge in question may remain on your statement, and we may continue to charge you interest on 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 are 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: Ally Credit Card P.O. Box 9222, Old Bethpage, NY 11804. 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. Please refer to your Cardmember Agreement for complete Account terms and conditions. © 2023 Ally Financial Inc. O1AD1104 - 09/08/2023 Contact us 1. Visit our website: ally.com 2. Call us: Ally Credit Card 1-888-366-2559 3. Mail a payment: P.O. Box 660371 Dallas, TX 75266 4. Write to us: P.O. Box 9222 Old Bethpage, NY 11804 Change of Information: Name: _______________________________________________________________ Address: _______________________________________________________________________________________ Street _________________________________________________________________________________________ City __________________________ State ______ ZIP ____________ Phone Number: ________________________________________________________________ Email: _____________________________________________________________ <table> <tr> <th colspan="6">Transactions (continued)</th> </tr> <tr> <th>Trans Date</th> <th>Post Date</th> <th>Reference</th> <th>Description</th> <th colspan="2">Interest Charged</th> </tr> <tr> <td>03/22</td> <td>03/22</td> <td></td> <td>Interest Charge on Purchases</td> <td></td> <td>$31.91</td> </tr> <tr> <td>03/22</td> <td>03/22</td> <td></td> <td>Interest Charge on Cash Advances</td> <td></td> <td>$0.00</td> </tr> <tr> <td colspan="4">TOTAL INTEREST FOR THIS PERIOD</td> <td></td> <td>$31.91</td> </tr> <tr> <th colspan="6">2024 Totals Year-to-Date</th> </tr> <tr> <td colspan="5">Total fees charged in 2024</td> <td>$0.00</td> </tr> <tr> <td colspan="5">Total interest charged in 2024</td> <td>$96.75</td> </tr> </table> Interest Charge Calculation. <table> <tr> <th>Your Annual Percentage Rate (APR) is the annual interest rate on your account</th> <th>APR</th> <th>Promotional Rate</th> <th>Business Subject To Interest Rate</th> <th>Interest Charges</th> </tr> <tr> <td>PURCHASES</td> <td>29.99% (V)</td> <td></td> <td>$1,294.59</td> <td>$31.91</td> </tr> <tr> <td>CASH ADVANCES</td> <td>29.99% (V)</td> <td></td> <td>$0.00</td> <td>$0.00</td> </tr> <tr> <td>Days In Billing Cycle: 30</td> <td>(V) = Variable Rate</td> <td></td> <td></td> <td></td> </tr> </table> See reverse side of page one for explanation of Interest Charge calculation. . ALLY MASTERCARD® CREDIT CARD CARDMEMBER AGREEMENT WITH OTHER PRODUCTS AVAILABLE FROM US This Agreement covers your use of the credit card(s) issued by Ally Financial Inc., a subsidiary of Ally Bank, N.A. (“Ally”) and its affiliates (the “Card(s)”). Ally’s obligations under this Agreement are subject to the terms and conditions set forth herein. Ally may revise these terms at any time and such revisions will be effective upon posting them on our website, www.ally.com/creditcardterms, unless otherwise specified in writing. In such case, your use of the Card(s) after posting means that you have received notice of the revision and agree to be bound by its terms. You may contact us for copies of these terms and conditions. ALYFi (Alliance for Life Insurance and Banking, Inc.) owns and operates the ALLY MASTERCARD® brand and other related brands. 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YOUR ACCOUNT YOUR ACCOUNT YOUR ACCOUNT YOUR ACCOUNT YOUR ACCOUNT YOUR ACCOUNT YOUR ACCOUNT YOUR ACCOUNT YOUR ACCOUNT YOUR ACCOUNT YOUR ACCOUNT YOUR ACCOUNT YOUR ACCOUNT YOUR ACCOUNT YOUR ACCOUNT YOUR ACCOUNT YOUR ACCOUNT YOUR ACCOUNT YOUR ACCOUNT YOUR ACCOUNT YOUR ACCOUNT YOUR ACCOUNT YOUR ACCOUNT YOUR ACCOUNT YOUR ACCOUNT YOUR ACCOUNT YOUR ACCOUNT YOUR ACCOUNT YOUR ACCOUNT YOUR ACCOUNT YOUR ACCOUNT YOUR ACCOUNT YOUR ACCOUNT YOUR ACCOUNT YOUR ACCOUNT YOUR ACCOUNT YOUR ACCOUNT YOUR ACCOUNT YOUR ACCOUNT YOUR ACCOUNT YOUR ACCOUNT YOUR ACCOUNT YOUR ACCOUNT YOUR ACCOUNT YOUR ACCOUNT YOUR ACCOUNT YOUR ACCOUNT YOUR ACCOUNT YOUR ACCOUNT YOUR ACCOUNT YOUR ACCOUNT YOUR ACCOUNT YOUR ACCOUNT YOUR ACCOUNT YOUR ACCOUNT YOUR ACCOUNT YOUR ACCOUNT YOUR ACCOUNT YOUR ACCOUNT YOUR ACCOUNT YOUR ACCOUNT YOUR ACCOUNT YOUR ACCOUNT YOUR ACCOUNT YOUR ACCOUNT YOUR ACCOUNT YOUR ACCOUNT YOUR ACCOUNT YOUR ACCOUNT YOUR ACCOUNT YOUR ACCOUNT [Unclear text] BILL OF SALE Closing Date: November 25, 2024 FOR VALUE RECEIVED and subject to the terms and conditions of that certain Forward Flow Purchase Agreement, dated June 1, 2024, Ally Bank ("Seller"), located at 200 W. Civic Center Drive, Sandy, Utah, 84070 does hereby sell, assign, transfer, deliver and convey to Portfolio Recovery Associates, LLC ("Purchaser"), and its successors and assigns all rights, title and interests in and to those certain Purchased Accounts described in Exhibit A-1 attached hereto and made a part hereof for all purposes. IN WITNESS WHEREOF, the parties hereto have duly executed this Bill of Sale on the 3rd day of December 2024. EXECUTED this 3rd day of December, 2024. SELLER: ALLY BANK By: ____________________________ Print Name: Gregory Permar Title: Senior Director PURCHASER: PORTFOLIO RECOVERY ASSOCIATES, LLC By: ____________________________ DocuSigned by: Leigh Bates 8A3D5D0818674CF... Print Name: Leigh Bates Print Title: Authorized Signer EXHIBIT A-1 TO BILL OF SALE The Purchased Accounts are the Charged-Off Accounts that are included in the electronic file named Ally Credit Card Debt Sale File 202411.xlsx These Purchased Accounts were sold, assigned, transferred, delivered, and conveyed from Ally Bank to Portfolio Recovery Associates, LLC as described in the specific Bill of Sale dated 12/3/2024. FORM OF AFFIDAVIT OF SALE OF POOL OF ACCOUNTS STATE OF DELAWARE COUNTY OF NEW CASTLE On December 3, 2024, Justin Campbell, being duly sworn, deposes and says: 1. I am a Business Director of Ally Bank ("Ally"). In this role I have personal knowledge and access to the books and records, including electronic records, of Ally. In this position, I also have personal knowledge of Ally's procedures for creating and maintaining its books and records. Ally's records were made and kept in the regular course of business by, or from, information transmitted by a person with knowledge, and it was the regular course of such business to make and keep the records in the course of regularly conducted business activity. The records were made at or near the time of the events recorded. Based on my review of Ally's books and records, I have personal knowledge of the facts set forth in this affidavit. 2. I have personal knowledge of Ally's procedures for generating and providing business records to its customers. It is the regular practice of Ally to provide periodic business records to its customers. Ally provided one or more business records relating to the Account to its respective customers. 3. On or about November 25, 2024, Ally sold a pool of accounts (the "Accounts") to Portfolio Recovery Associates, L.L.C. ("PRA") (the "Sale"). At that time, Ally assigned all of its interest in the Accounts, including the right to any proceeds from the Accounts to PRA. As part of the Sale, electronic and other records relating to the Accounts were transferred to PRA. Prior to the Sale, those records had been created and maintained in the ordinary course of business of Ally. 4. I am not aware of any errors in the information provided about the Accounts. The above statements are true to the best of my knowledge. FURTHER AFLLANT SAYETH NOT. Signed this December 3rd, 2024 Subscribed and sworn to before me this 3rd day of December, 2024, by , an employee of Ally. STEPHANIE MARIE BOAYUE NOTARY PUBLIC STATE OF DELAWARE My Commission Expires June 4th, 2025 Notary Public CERTIFICATE OF CONFORMITY STATE OF DELAWARE CITY OF WILMINGTON I, Benjamin Newnam, an attorney-at-law duly admitted to practice law in the State of Delaware, am fully acquainted with the laws of the State of Delaware and duly qualified to make this certificate of conformity pursuant the laws of the State of Delaware. I hereby certify that the acknowledgement or proof upon the foregoing document was taken by Stephanie Boayue, a notary public in the State of Delaware, in the manner prescribed by the laws of the State of Delaware and conforms to the laws thereof in all respects. December 3, 2024 Date Attorney at law for the State of Delaware DECLARATION OF CUSTODIAN OF RECORDS I, the undersigned Custodian of Records for Portfolio Recovery Associates, LLC, hereby declare, certify, and state as follows: 1. I am competent to testify to the matters contained herein. 2. I am an authorized employee of Portfolio Recovery Associates, LLC, ("Account Assignee") which is doing business at Riverside Commerce Center, 120 Corporate Boulevard, Norfolk, Virginia, and I am authorized to make the statements, representations and averments herein, and do so based upon a review of the business records of the Original Creditor THE BANK OF MISSOURI and those records transferred to Account Assignee from ALLY BANK ("Account Seller"), which have become a part of and have integrated into Account Assignee’s business records, in the ordinary course of business. 3. According to the business records, which are maintained in the ordinary course of business, the account, and all proceeds of the account are now owned by the Account Assignee, all of the Account Seller’s interest in such account having been sold, assigned and transferred by the Account Seller on 11/25/2024. Further, the Account Assignee has been assigned all of the Account Seller’s power and authority to do and perform all acts necessary for the settlement, satisfaction, compromise, collection or adjustment of said account, and the Account Seller has retained no further interest in said account or the proceeds thereof, for any purpose whatsoever. 4. According to the records transferred to the Account Assignee from Account Seller, and maintained in the ordinary course of business by the Account Assignee, there was due and payable from MICHAEL ALFREY ("Debtor and Co-Debtor") to the Account Seller the sum of $1,638.28 with the respect to account number ending in 9633 as of the date of 10/31/2024 with there being no known un-credited payments, counterclaims or offsets against the said debt as of the date of the sale. 5. According to the account records of said Account Assignee, after all known payments, counterclaims, and/or setoffs occurring subsequent to the date of sale, Account Assignee claims the sum of $1,638.28 as due and owing as of the date of this declaration. 6. Plaintiff believes that the defendant is not a minor or an incompetent individual and declares that the Defendant is not on active military service of the United States. 7. I declare under penalty of perjury under the laws of the State of Oklahoma that the foregoing is true and correct. Executed on ___________10/6/2025______________ at Norfolk, VA Portfolio Recovery Associates, LLC By: _____________________elizabeth taylor__________________, Custodian of Records
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