IN THE DISTRICT COURT OF LINCOLN COUNTY,
STATE OF OKLAHOMA
LVNV FUNDING LLC
Plaintiff,
-vs-
Sheree Williams
Defendant(s).
Case No. CS-26e-153
PETITION FOR MONEY DUE FOR BREACH OF REVOLVING CREDIT CHARGE AGREEMENT
Count I—Breach of Contract
COMES NOW the Plaintiff and for its cause of action against the Defendant(s) states as follows:
1. That Plaintiff is a LIMITED LIABILITY COMPANY organized and existing under the laws of DELAWARE; the debt sued upon arose in and Plaintiff's cause of action accrued in the State of Oklahoma.
2. That at least one of the Defendant(s) reside(s) in or may be found in LINCOLN County, Oklahoma and within the venue of this court.
3. Plaintiff is the holder of the Revolving Credit Charge Agreement ("Agreement") sued upon herein by virtue of the sale and assignment of said Agreement from Credit One Bank, N.A. to various parties including and ultimately to Plaintiff.
4. That Defendant(s) was/were issued a credit account pursuant to the Defendant’s Agreement with Credit One Bank, N.A..
5. That Defendant either made written application to Credit One Bank, N.A. for said credit card, or signed various credit charge slips, or both, thereby agreeing in writing to the terms and conditions of said Agreement.
6. That the Defendant(s) did utilize said credit or allow it to be used in the purchase of goods and services at various locations and thereby agreed to the terms and conditions of said Agreement at the time it was issued to Defendant(s)
7. That as a result of the use of said credit by Defendant(s), the Defendant(s) did accrue certain indebtedness on said revolving credit charge account pursuant to the Agreement.
8. That Credit One Bank, N.A. fully performed under the terms of the Agreement.
9. That in accord with normal business practices, Credit One Bank, N.A. mailed itemized monthly billing statements to Defendant. Defendant did not object to any of the charges made on the monthly statements at issue herein, in writing, for over sixty (60) days.
10. That Defendant accepted the charges shown on the monthly billing statements as demonstrated by Defendant’s continued use of the account, payments made on the account, and the absence of any attempt to cancel the agreement between Defendant and Credit One Bank, N.A. despite having received the monthly billing statements for several months.
11. That Defendant(s) failed to perform under the terms of the revolving retail credit charge agreement and is therefore in breach.
12. That as a direct and proximate result of Defendant’s breach, Credit One Bank, N.A. was damaged in the amount claimed of $1690.47.
13. Pursuant to Oklahoma statute, Plaintiff is entitled to reasonable attorney fees.
14. That Plaintiff, the current owner of the Agreement, has made demand upon the Defendant(s) for payment of the same, but the Defendant(s) failed and/or refused to pay.
15. Pursuant to the SCRA §201(b)(4), Plaintiff declares under penalty of perjury that Defendant(s) SHERE WILLIAMS is/are not in the Armed Forces for the United States, verified on 03/25/2026 via the U.S. Department of Defense website.
WHEREFORE, Plaintiff prays for Judgment against Defendant(s) in the amount of:
Amount claimed: $1690.47;
Interest: at the rate of 8.75% per annum from the date of Judgment until paid;
Attorney fees;
All costs herein expended, including but not limited to court costs, sheriff’s fees, and any fees for service of the summons.
Count II—Suit On Account
COMES NOW the Plaintiff and pleads in the alternative for its cause of action against the Defendant(s) and states as follows:
1. Plaintiff restates and re-alleges each and every paragraph of Count I as if fully set forth herein.
2. That Plaintiff is a LIMITED LIABILITY COMPANY organized and existing under the laws of DELAWARE.
3. That the cause of action herein accrued under the laws of the State of Oklahoma; at least one of the Defendant(s) reside(s) in or may be found in LINCOLN County, Oklahoma and within the venue of this court.
4. That Defendant(s) is/are presently indebted on the account and claim herein in the amount claimed of $1690.47 for credit extended by Credit One Bank, N.A. and used by the Defendant to purchase goods and/or services, hereinafter referred to as “items.”
5. That all sums owed to Credit One Bank, N.A. are now due to the Plaintiff by virtue of assignment of said debt from Credit One Bank, N.A. to various parties and ultimately to the Plaintiff.
6. That said credit was provided at the instance, request, and/or authorization of said Defendant(s).
7. That the prices charged for the extension of credit for the Defendant to purchase such items are and were in each case reasonable; that said prices were the amounts specifically agreed upon between Credit One Bank, N.A. and Defendant(s), or in the alternative the usual and customary charges of Credit One Bank, N.A..
8. That Defendant(s) expressly, or in the alternative impliedly, promised and agreed to pay for said credit charges when due.
9. Pursuant to Oklahoma statute, Plaintiff is entitled to reasonable attorney fees.
10. That Plaintiff, the current owner of the Agreement, has made demand upon the Defendant(s) for payment of the same, but the Defendant(s) failed and/or refused to pay.
11. Pursuant to the SCRA §201(b)(4), Plaintiff declares under penalty of perjury that Defendant(s) SHERE WILLIAMS is/are not in the Armed Forces for the United States, verified on 03/25/2026 via the U.S. Department of Defense website.
WHEREFORE, Plaintiff prays for Judgment against Defendant(s) in the amount of:
Amount claimed: $1690.47;
Interest: at the rate of 8.75% per annum from the date of Judgment until paid;
Attorney fees;
All costs herein expended, including but not limited to court costs, sheriff’s fees, and any fees for service of summons.
Count III—Quantum Meruit
COMES NOW the Plaintiff and pleads in the alternative for its cause of action against the Defendant(s) and states as follows:
1. Plaintiff restates and re-alleges each and every paragraph of Count I and Count II as if fully set forth herein.
2. That Plaintiff is a LIMITED LIABILITY COMPANY organized and existing under the laws of DELAWARE.
3. That the cause of action herein accrued under the laws of the State of Oklahoma; at least one of the Defendant(s) reside(s) in or may be found in LINCOLN County, Oklahoma and within the venue of this court.
4. That Defendant(s) is/are presently indebted on the account and claim herein in the amount claimed of $1690.47 for credit extended by Credit One Bank, N.A. and used by the Defendant to purchase goods and/or services, hereinafter referred to as "items."
5. That the credit issued to Defendant to purchase said items was provided to and for Defendant(s).
6. That said credit was provided at the instance, request, and/or authorization of said Defendant(s).
7. That the prices charged for the extension of credit items are and were in each case reasonable; that said prices were the amounts specifically agreed upon between Creditor and Defendant(s), or in the alternative the usual and customary charges of said Creditor.
8. That Defendant(s) expressly, or in the alternative impliedly, promised and agreed to pay for said extension of credit immediately upon the providing thereof or promptly thereafter.
9. That Creditor has, by virtue of Sale and Assignment, transferred all causes of action against Defendant related to the facts and issues set forth herein to various parties including and ultimately to Plaintiff..
10. Pursuant to Oklahoma statute, Plaintiff is entitled to reasonable attorney fees.
11. That Plaintiff, the current owner of the Cause of Action, has made demand upon the Defendant(s) for payment of the same, but the Defendant(s) failed and/or refused to pay.
12. Pursuant to the SCRA §201(b)(4), Plaintiff declares under penalty of perjury that Defendant(s) SHEREEN WILLIAMS is/are not in the Armed Forces for the United States, verified on 03/25/2026 via the U.S. Department of Defense website.
WHEREFORE, Plaintiff prays for Judgment against Defendant(s) in the amount of:
Amount claimed: $1690.47;
Interest: at the rate of 8.75% per annum from the date of Judgment until paid;
Attorney fees;
All costs herein expended, including but not limited to court costs, sheriff’s fees and any fees for service of the summons.
Respectfully Submitted,
FABER AND BRAND L.L.C.
BY:
Michael L. Foster OK #20701
Jason P. Gubbins OK #22576
P.O. Box 10110
Columbia, Missouri 65205-4000
(888) 233-3141
(573) 442-1072 FAX
[email protected]
ATTORNEY FOR PLAINTIFF
THIS IS A COMMUNICATION FROM A DEBT COLLECTOR IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
F&B Acct. No: 581752
IN THE DISTRICT COURT IN THE DISTRICT IN AND FOR LINCOLN COUNTY, OK
LVNV Funding LLC
vs.
Sheree Williams
Plaintiff
Defendant(s)
PLAINTIFF'S AFFIDAVIT OF INDEBTEDNESS AND OWNERSHIP OF ACCOUNT
I am an Authorized Representative for LVNV Funding LLC (hereafter the "Plaintiff"), and hereby certify as follows:
1. I have personal knowledge regarding Plaintiff's creation and maintenance of its normal business records, including computer records of its accounts receivable. This information is regularly and contemporaneously maintained during the course of Plaintiff's business. I am authorized to execute this affidavit on behalf of Plaintiff and the information below is true and correct based on the Plaintiff's business records.
2. In the regular course of business, Plaintiff regularly acquires revolving credit accounts, installment accounts, service accounts, and/or other credit lines or obligations. The records provided to Plaintiff at the time of acquisition are represented to include information provided by the original creditor and/or its successors-in-interest. Such information includes the debtor's name and social security number, the account balance, the identity of the original creditor and the account number.
3. Based on the business records maintained on account XXXXXXXXXXXXX8294 (hereafter, the "Account"), which are a compilation of the information provided to Plaintiff upon acquisition and information obtained since acquisition, the Account is the result of the extension of credit to Sheree Williams by Credit One Bank, N.A. on or about 12/09/2020. Said business records further indicate that the Account was then owned by Credit One Bank, N.A. Credit One Bank, N.A. later sold and/or assigned Portfolio 43166, which included the Defendant's Account, to Plaintiff or Plaintiff's predecessor(s)-in-interest on 02/21/2024. Thereafter, all ownership rights were assigned to, transferred to and became vested in Plaintiff, including the right to collect the balance owing of $1,690.47 plus any legally permissible interest.
4. Based on the business records maintained in regard to the Account, the above stated amount is justly and duly owed by the Defendant to the Plaintiff and all just and lawful offsets, payments and credits to the Account have been allowed. Demand for payment was made more than thirty days ago.
Jeisa Santiago
March 31, 2026
The foregoing instrument was acknowledged before me by the above-sign[?] day, March 31, 2026.
(Notary Public)
PLAINTIFF'S AFFIDAVIT OF INDEBTEDNESS AND OWNERSHIP OF ACCOUNT
BILL OF SALE AND ASSIGNMENT OF ACCOUNTS
FROM CREDIT ONE BANK, N.A. TO RESURGENT ACQUISITIONS LLC
Credit One Bank, N.A. ("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, 2023 ("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 files named, “CreditOne_RB_Resurgent_022024” (the “Computer Files”), copies of which are attached hereto and incorporated herein by reference as “Exhibit A”.
This Bill of Sale and Assignment of Accounts is issued 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 Files, 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 may be entered as evidence of ownership for any of the Purchased Accounts conveyed hereby.
Closing date: February 21, 2024
CREDIT ONE BANK, N.A.
Michael Wiese
Vice President
EXHIBIT A
ACCOUNT SCHEDULE
The Accounts that are specifically identified in the electronic files named, "CreditOne_RB_Resurgent_022024" with such electronic files incorporated herein by reference.
Declaration of Account Transfer
Resurgent Acquisitions LLC ("RALLC"), without recourse, to the extent permitted by applicable law, transferred, sold, assigned, conveyed, granted and delivered 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 February 05, 2024 delivered by Credit One Bank, N.A. on February 21, 2024 for purchase by RALLC on February 21, 2024. The transfer of the Assets included electronically stored business records.
Resurgent Acquisitions LLC
a Delaware Limited Liability Company
By: [Signature]
Name: Jackson Walker
Title: Authorized Representative
LVNV Funding LLC
a Delaware Limited Liability Company
By: [Signature]
Name: Dan Picciano
Title: Authorized Representative
Exhibit A
Receivables File
02.21.24 CreditOne_RB_Resurgent_022024
<table>
<tr>
<th>Transfer Group</th>
<th>Portfolio</th>
<th>Transfer Batch</th>
</tr>
<tr>
<td>1000103</td>
<td>43166</td>
<td>N/A</td>
</tr>
</table>
CREDIT ONE BANK CREDIT CARD STATEMENT
Account Number [BLACKED OUT]
December 21, 2023 to January 20, 2024
SUMMARY OF ACCOUNT ACTIVITY
<table>
<tr>
<th>Previous Balance</th>
<td>$1,674.39</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>$39.00</td>
</tr>
<tr>
<th>Interest Charged</th>
<td>$37.08</td>
</tr>
<tr>
<th>New Balance</th>
<th>$1,750.47</th>
</tr>
<tr>
<th>Credit Limit</th>
<td>$1,200.00</td>
</tr>
<tr>
<th>Available Credit</th>
<td>$0.00</td>
</tr>
<tr>
<th>Statement Closing Date</th>
<td>01/20/24</td>
</tr>
<tr>
<th>Days in Billing Cycle</th>
<td>31</td>
</tr>
</table>
PAYMENT INFORMATION
<table>
<tr>
<th>New Balance</th>
<td>$1,750.47</td>
</tr>
<tr>
<th>Past Due Amount</th>
<td>$510.00</td>
</tr>
<tr>
<th>Amount Due This Period</th>
<td>$1,279.47</td>
</tr>
<tr>
<th>Minimum Payment Due</th>
<td>$1,750.47</td>
</tr>
<tr>
<th>Payment Due Date</th>
<td>02/16/24</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>$1,750.00</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/usijo/list-credit-counseling-agencies-approved-pursuant-11-usc-111.
QUESTIONS?
Call Customer Service or Report a Lost or Stolen Credit Card
Outside the U.S. Call
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>
<tr>
<th colspan="5">Payments, Credits, and Adjustments</th>
</tr>
<tr>
<td></td>
<td>01/20</td>
<td>01/20</td>
<td>Fees<br>LATE FEE<br>TOTAL FEES FOR THIS PERIOD</td>
<td>39.00<br>39.00</td>
</tr>
<tr>
<td></td>
<td>01/20</td>
<td>01/20</td>
<td>Interest Charged<br>Interest Charge on Purchases</td>
<td>37.08</td>
</tr>
<tr>
<td></td>
<td>01/20</td>
<td>01/20</td>
<td>Interest Charge on Cash Advances</td>
<td>0.00</td>
</tr>
<tr>
<td colspan="4">TOTAL INTEREST FOR THIS PERIOD</td>
<td>37.08</td>
</tr>
<tr>
<td colspan="4">2024 Totals Year-to-Date</td>
<td></td>
</tr>
<tr>
<td colspan="4">Total fees charged in 2024</td>
<td>$39.00</td>
</tr>
<tr>
<td colspan="4">Total interest charged in 2024</td>
<td>$37.08</td>
</tr>
</table>
Your account is currently closed.
INTEREST CHARGE CALCULATION
<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>29.65%(v)</td>
<td>$1,500.49</td>
<td>$37.08</td>
</tr>
<tr>
<td>Cash Advances</td>
<td>29.65%(v)</td>
<td>$0.00</td>
<td>$0.00</td>
</tr>
<tr>
<td>STANDARD BALANCE TRANSFER</td>
<td>29.65%(v)</td>
<td>$0.00</td>
<td>$0.00</td>
</tr>
</table>
(v) = Variable Rate
CREDIT ONE BANK CREDIT CARD STATEMENT
Account Number: [REDACTED]
May 21, 2023 to June 20, 2023
SUMMARY OF ACCOUNT ACTIVITY
<table>
<tr><th> </th><th> </th></tr>
<tr><td>Previous Balance</td><td>$1,359.12</td></tr>
<tr><td>Payments</td><td>- $119.00</td></tr>
<tr><td>Other Credits</td><td>+ $0.00</td></tr>
<tr><td>Purchases</td><td>+ $0.00</td></tr>
<tr><td>Balance Transfers</td><td>+ $0.00</td></tr>
<tr><td>Cash Advances</td><td>+ $0.00</td></tr>
<tr><td>Fees Charged</td><td>+ $11.72</td></tr>
<tr><td>Interest Charged</td><td>+ $30.42</td></tr>
<tr><th>New Balance</th><th>$1,232.26</th></tr>
<tr><th>Credit Limit</th><th>$1,200.00</th></tr>
<tr><th>Available Credit</th><th>$0.00</th></tr>
<tr><th>Statement Closing Date</th><th>06/20/23</th></tr>
<tr><th>Days in Billing Cycle</th><th>31</th></tr>
</table>
PAYMENT INFORMATION
<table>
<tr>
<th> </th>
<th> </th>
</tr>
<tr>
<td>New Balance</td>
<td>$1,232.26</td>
</tr>
<tr>
<td>Past Due Amount</td>
<td>$0.00</td>
</tr>
<tr>
<td>Amount Due This Period</td>
<td>$62.00</td>
</tr>
<tr>
<td>Minimum Payment Due</td>
<td>$62.00</td>
</tr>
<tr>
<td>Payment Due Date</td>
<td>07/16/23</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>5 years</td>
<td>$2,086.00</td>
</tr>
</table>
If you would like a location for credit counseling services, call 1-866-615-5720. Or you may visit www.justice.gov/usol/list-credit-counseling-agencies-approved-pursuant-11-usc-111
QUESTIONS?
Call Customer Service or Report a Lost or Stolen Credit Card
Outside the U.S. Call
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>
<tr>
<td></td>
<td>06/08</td>
<td>06/08</td>
<td>Payments, Credits, and Adjustments</td>
<td>- $119.00</td>
</tr>
<tr>
<td></td>
<td>06/08</td>
<td></td>
<td>PAYMENT - MOBILE APP LAS VEGAS NV</td>
<td>- $119.00</td>
</tr>
<tr>
<td></td>
<td>06/20</td>
<td>06/20</td>
<td>Fees</td>
<td>- $11.72</td>
</tr>
<tr>
<td></td>
<td>06/20</td>
<td>06/20</td>
<td>CREDIT PROTECT 1-877-825-3242</td>
<td>+ $11.72</td>
</tr>
<tr>
<td></td>
<td>06/20</td>
<td>06/20</td>
<td>TOTAL FEES FOR THIS PERIOD</td>
<td>+ $11.72</td>
</tr>
<tr>
<td></td>
<td>06/20</td>
<td>06/20</td>
<td>Interest Charged</td>
<td>+ $30.42</td>
</tr>
<tr>
<td></td>
<td>06/20</td>
<td>06/20</td>
<td>Interest Charge on Purchases</td>
<td>+ $30.42</td>
</tr>
<tr>
<td></td>
<td>06/20</td>
<td>06/20</td>
<td>Interest Charge on Cash Advances</td>
<td>+ $0.00</td>
</tr>
<tr>
<td></td>
<td>06/20</td>
<td>06/20</td>
<td>TOTAL INTEREST FOR THIS PERIOD</td>
<td>+ $30.42</td>
</tr>
<tr>
<th colspan="4">2023 Totals Year-to-Date</th>
<th></th>
</tr>
<tr>
<td colspan="4">Total fees charged in 2023</td>
<td>$204.38</td>
</tr>
<tr>
<td colspan="4">Total interest charged in 2023</td>
<td>$176.23</td>
</tr>
</table>
RETURNED PAYMENT FEE NOTICE
Effective immediately, and as previously disclosed to you the Returned Payment Fee will be assessed as described in 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>29.40%(v)</td>
<td>$1,241.74</td>
<td>$30.42</td>
</tr>
<tr>
<td>Cash Advances</td>
<td>29.40%(v)</td>
<td>$0.00</td>
<td>$0.00</td>
</tr>
<tr>
<td>STANDARD BALANCE TRANSFER</td>
<td>29.40%(v)</td>
<td>$0.00</td>
<td>$0.00</td>
</tr>
</table>
(v) = Variable Rate
