LVNV Funding LLC v. GODWIN ADOMAH

IN THE DISTRICT COURT OF TULSA COUNTY STATE OF OKLAHOMA LVNV FUNDING LLC, Plaintiff, vs. GODWIN ADOMAH Defendant(s). CS-2025-00029 Case No. MELISSA EAST 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 xxxxxxxxxxxxxxxxxx9923. 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 3/27/22, the balance due at time of default is as follows $9,463.21. 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 $9,463.20. 7. The date of the last payment made by the Defendant(s) is February 4, 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), GODWIN ADOMAH in the amount of $9,463.20, 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: [Signature] Ashton Dewayne Sears, OBA # 35737 12596 W. Bayaud Ave., Ste. 120 Lakewood, CO 80228 Phone: 866-920-2295 Attorney for the Plaintiff EXHIBIT 1 Summary of Account Activity <table> <tr><th>Summary of Account Activity</th><td></td></tr> <tr><td>Previous Balance</td><td>$9,214.66</td></tr> <tr><td>Payments</td><td>-$0.00</td></tr> <tr><td>Other Credits</td><td>-$0.00</td></tr> <tr><td>Purchases</td><td>+$0.00</td></tr> <tr><td>Cash Advances</td><td>+$0.00</td></tr> <tr><td>Fees Charged</td><td>+$40.00</td></tr> <tr><td>Interest Charged</td><td>+$208.55</td></tr> <tr><td>New Balance</td><td>$9,463.21</td></tr> <tr><td>Past Due Amount</td><td>$1,887.00</td></tr> <tr><td>Credit Limit</td><td>$0.00</td></tr> <tr><td>Available Credit</td><td>$0.00</td></tr> <tr><td>Cash Advance Limit</td><td>$0.00</td></tr> <tr><td>Available Cash Limit</td><td>$0.00</td></tr> <tr><td>Amount Over Credit Limit</td><td>$1,463.21</td></tr> <tr><td>Statement Closing Date</td><td>03/25/2022</td></tr> <tr><td>Next Statement Closing Date</td><td>04/25/2022</td></tr> <tr><td>Days in Billing Cycle</td><td>30</td></tr> </table> Payment Information <table> <tr><th>Payment Information</th><td></td></tr> <tr><td>New Balance</td><td>$9,463.21</td></tr> <tr><td>Minimum Payment Due</td><td>$3,694.21</td></tr> <tr><td>Payment Due Date</td><td>April 22, 2022</td></tr> <tr><td colspan="2">Late Payment Warning: If we do not receive your minimum payment by the date listed above, you may have to pay late fee up to $40.</td></tr> <tr><td colspan="2">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:</td></tr> <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>21 years</td><td>$24,529</td></tr> <tr><td>$388</td><td>3 years</td><td>$13,952<br>(Savings=$10,577)</td></tr> </table> Please note that if we received your pay by phone or online payment between 5 p.m. ET and midnight ET on the last day of your billing period, your payment will not be reflected until your next statement. Please update your phone number, including cell phone number on the back of the payment coupon. TRANSACTIONS <table> <tr><th>Trans Date</th><th>Description</th><th>Reference #</th><th>Amount</th></tr> <tr><td colspan="4"><b>FEES</b></td></tr> <tr><td>03/22</td><td>LATE FEE</td><td></td><td>$ 40.00</td></tr> <tr><td colspan="2">TOTAL FEES FOR THIS PERIOD</td><td></td><td>$ 40.00</td></tr> <tr><td colspan="4"><b>INTEREST CHARGED</b></td></tr> <tr><td>03/25</td><td>INTEREST CHARGE ON PURCHASES</td><td></td><td>$ 208.55</td></tr> <tr><td colspan="2">TOTAL INTEREST FOR THIS PERIOD</td><td></td><td>$ 208.55</td></tr> </table> Payment Due Date: April 22, 2022 New Balance: $9,463.21 Past Due Amount†: $1,887.00 Minimum Payment Due: $3,694.21 Amount Enclosed: $ † Past Due Amount is included in the Minimum Payment Due. Please print address changes on the reverse side. Make Checks Payable to WAYFAIR MASTERCARD PO BOX 70267 PHILADELPHIA PA 19176-0267 Information About Your Account. Paying Interest. Your payment due date is at least 25 days after the close of each Billing Cycle. Except as indicated below, you won’t pay any interest on Purchases if you pay the New Balance in full by the payment due date shown on your billing statement each Billing Cycle. We call this a grace period on Purchases. If you don’t pay your New Balance in full by the payment due date in a Billing Cycle, you won’t get a grace period on Purchases again until you pay the New Balance in full by the payment due date shown on your billing statement for two Billing Cycles in a row. If you have a balance subject to a Deferred Interest Promotion and that promotion does not expire before the payment due date, that balance (an “excluded balance”) is excluded from the amount you must pay in full to get a grace period on a Purchase balance other than an excluded balance. In addition, if you have a Major Purchase Plan balance, that balance (an “excluded balance”) is excluded from the amount you must pay in full to get a grace period on a Purchase balance other than an excluded balance. However, you must still pay any separately required payment on the excluded balance. In Billing Cycles in which payments are allocated to Deferred Interest Promotion balances first, the Deferred Interest Promotion balance will be reduced before any other balance on the Account. However, you will continue to get a grace period on Purchases, other than an excluded balance, so long as you pay the New Balance (less any excluded balance, plus any separately required payment on an excluded balance) in full by the payment due date each Billing Cycle. If you have a Major Purchase Plan, you will be charged interest on the Major Purchase Plan balance from the start of the Billing Cycle following the Billing Cycle in which your Major Purchase Plan Purchase was made. This means that you will not be charged interest on the Major Purchase Plan balance during the Billing Cycle in which your Major Purchase Plan Purchase was made. There’s no grace period on Balance Transfers or Cash Advances. This means you’ll pay interest on Balance Transfers and Cash Advances from the transaction date shown on your billing statement. How We Calculate Your Balance Subject to Interest Rate. We use a daily balance method (including current transactions) to calculate interest charges. To find out more information about the balance computation method and how the resulting interest charges were determined, contact us at the Account Inquiries number on the front. Balance Transfers. Balance transfer amounts are included in the “Purchases” line in the Summary of Account Activity. Other Account and Payment Information. Payment Amount. You may pay all or part of your account balance at any time. However, you must pay, by the payment due date, at least the minimum payment due. When Your Payment Will Be Credited. If we receive your payment in proper form at our processing facility by 5 p.m. local time there, it will be credited as of that day. A payment received there in proper form after that time will be credited as of the next day. Allow 5 to 7 days for payments by regular mail to reach us. There may be a delay of up to 5 days in crediting a payment we receive that is not in proper form or is not sent to the correct address. The correct address for regular mail is the address on the front of the payment coupon. The correct address for courier or express mail is shown in the Express Mail section. Proper Form. For a payment sent by mail or courier to be in proper form, you must: • Enclose a valid check or money order. No cash, gift cards, or foreign currency please. • Include your name and the last four digits of your account number. Payment Other Than By Mail. • Online/AutoPay. Go to the URL on Page 1 of your statement to make a payment online. You can also enroll in AutoPay and have your payment amount automatically deducted each month from the payment account you choose. • Phone. Call the number on Page 1 of your statement to make a payment by phone. For phone payments, you authorize us to electronically debit your specified bank account by an ACH transaction in the amount and on the date that you indicate on the phone. You may cancel a phone payment by calling us at the Customer Service number at the top of Page 1 within the time period disclosed to you on the phone. There is no fee for making a payment using our automated voice response system. • Agent-Assisted Phone Payments. If you call us to make a payment with the assistance of a live agent, the payment will be applied the same day and you will be charged a $5.00 agent expedited payment fee. • Express Mail. Send payment by express mail or courier to: Consumer Payment Dept., 400 White Clay Center Dr., Newark, DE 19711. • Crediting Payments other than by Mail. The payment cutoff time for Online bill payments, Phone payments, Express Mail, and courier payments is midnight Eastern time. This means that we will credit your account as of the calendar day, based on Eastern time, that we receive your payment request. If you send an eligible check, you authorize us to complete your payment by electronic debit. If we do, the checking account will be debited in the amount on the check. We may do this as soon as the day we receive the check. Also, the check will be destroyed. Credit Reporting Disputes. We may report information about your account to credit bureaus. If you think we reported inaccurate information, please write us at: Credit Bureau Dispute Verification, P.O. Box 6497, Sioux Falls, SD 57117. Report a Lost or Stolen Card Immediately. Call the Account Inquiries number shown on Page 1. What To Do If You Think You Find A Mistake On Your Statement. If you think there is an error on your statement, write to us at the address for billing errors and customer service inquiries shown on Page 1 of your statement. In your letter, give us the following information: 1. Account information: Your name and account number. 2. Dollar amount: The dollar amount of the suspected error. 3. 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. You may call us, but if you do we are not required to investigate any potential errors and you may have to pay the amount in question. While we investigate whether or not there has been an error, the following are true: • We cannot try to collect the amount in question, or report you as delinquent on that amount. • The charge in question may remain on your statement, and we may continue to charge you interest on that amount. But, if we determine that we made a mistake, you will not have to pay the amount in question or any interest or other fees related to that amount. • While you do not have to pay the amount in question, you are responsible for the remainder of your balance. • We can apply any unpaid amount against your credit limit. Your Rights If You Are Dissatisfied With Your Credit Card Purchases. If you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the purchase. To use this right, all of the following must be true: 1. The purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase price must have been more than $50. (Note: Neither of these 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 the address for billing errors and customer service inquiries shown on Page 1 of your statement. 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. WAY MC JUL20 Please provide change of address and update/add your phone numbers* here: (Use blue or black ink.) *Cell: *Home: *Phone: By giving us a cell number or a number later converted to a cell number, you agree that we or our service providers can contact you at that number by autodialer, recorded or artificial voice, or a text. Your phone plan charges may apply. Account: **** **** **** 9923 2022 Totals Year-to-Date Total Fees Charged in 2022 $120.00 Total Interest Charged in 2022 $599.13 ACTIVITY AND PROMOTIONS DETAIL <table> <tr> <th>Original Promotion Trans Amount</th> <th>Promo Trans Date</th> <th>Previous Balance</th> <th>Payments & Other Credits</th> <th>Purchases, Cash Adv, Fees & Other Debits</th> <th>Interest Charged</th> <th>New Balance</th> <th>Promotion Minimum Payment Due</th> <th>Deferred Interest Charges</th> <th>Promotion Expiration Date</th> </tr> <tr> <td colspan="10">PURCHASES REGULAR</td> </tr> <tr> <td></td> <td></td> <td>$9,214.66</td> <td></td> <td>$40.00</td> <td>$208.55</td> <td>$9,463.21</td> <td></td> <td></td> <td></td> </tr> <tr> <td colspan="10">CASH ADVANCES REGULAR</td> </tr> <tr> <td></td> <td></td> <td></td> <td></td> <td></td> <td></td> <td></td> <td></td> <td></td> <td></td> </tr> <tr> <td colspan="7">TOTAL</td> <td>$9,214.66</td> <td>$0.00</td> <td>$40.00</td> <td>$208.55</td> <td>$9,463.21</td> <td>$0.00</td> <td>$0.00</td> </tr> </table> INTEREST CHARGE CALCULATION <table> <tr> <th rowspan="2">Type of Balance</th> <th colspan="2">Your Annual Percentage Rate (APR) is the annual interest rate on your account.</th> <th colspan="2">Balance Subject to Interest Rate</th> <th>Interest Charge</th> </tr> <tr> <th>Annual Percentage Rate (APR)</th> <th>Balance Subject to Interest Rate</th> <th colspan="2"></th> </tr> <tr> <td>PURCHASES REGULAR</td> <td>27.24% (M)(V)</td> <td>$9,315.05</td> <td colspan="2"></td> <td>$208.55</td> </tr> <tr> <td>CASH ADVANCES REGULAR</td> <td>29.99% (M)</td> <td>$0.00</td> <td colspan="2"></td> <td>$0.00</td> </tr> </table> (V) = Variable Rate Earn Rewards on Qualifying Purchases1 Outside of Wayfair with Your Wayfair Mastercard®: 3% BACK1 at grocery stores 2% BACK1 online 1% BACK1 everywhere else Exclusive Benefits, Just For You 5% BACK in Rewards at Wayfair that never expire1 OR Financing up to 24 Months Pay over time on qualifying orders1 1Credit Disclosures Rewards You will earn Reward Dollars on all Net Qualifying Purchases. For both the Wayfair Credit Card and Wayfair Mastercard you will earn 5% back in Reward Dollars when you use your card at Wayfair Sites. For the Wayfair Mastercard, you will earn Reward Dollars when you use your card outside of Wayfair Sites: 3% at grocery stores; 2% for Qualifying Online Purchases not made at Wayfair Sites; and 1% on all other Net Qualifying Purchases made with your Wayfair Mastercard. Qualifying Online Purchases are those made via a computer network, but not all online transactions will be considered Qualifying Online Purchases. Qualifying Online Purchases do not include the following types of purchases in the following categories: subscription, membership or recurring purchases; utilities; cable/satellite and telephone; insurance; medical and healthcare providers; government services, taxes and tolls; education including schools or other teaching institutions; contractor, professional, financial, legal, personal and business services; repair services; direct marketing; and purchases that manually are keyed by a merchant. You may only earn 1%, not 3%, for grocery or food purchases made at convenience stores, gas stations, warehouse clubs, supercenters and discount stores, and only 1%, not 2%, for purchases made through mobile/wireless technology depending on how the technology is set up to process the purchase. Merchants must submit charges under the appropriate merchant code or industry code to be eligible as Qualifying Online Purchases and/or Net Qualifying Purchases in the different categories. Neither Wayfair nor Citibank determine whether merchants appropriately identify all transactions made on a credit card, but Wayfair does reserve the right to determine which purchases qualify for Reward Dollars. Reward Dollars are not earned on returns, refunds, promotions or other credit adjustments, unauthorized or fraudulent charges, charges that violate the terms of your Card Agreement, balance transfers, cash advances or any other transaction treated like a cash advance, lottery tickets, gaming chips and similar transactions, interest, fees, purchases where promotional financing is applied and any portion of a purchase made with Reward Dollars. Reward Dollars have no cash value and are not redeemable for cash. You will forfeit unused Reward Dollars in certain circumstances including if your account is closed or participation in the program is terminated. Additional terms and exclusions apply. The Wayfair Credit Card and Wayfair Mastercard Rewards Program is offered by Wayfair. Wayfair may withdraw the rewards program or change the terms of the program at any time for any reason. Citibank, N.A. is not responsible for products and services offered by other companies. See the full Wayfair Credit Card and Wayfair Mastercard Rewards Program Terms at wayfair.com/wayfaircardterms. Financing With credit approval for qualifying purchases made on the Wayfair Credit Card or Wayfair Mastercard at Wayfair sites. See wayfair.com/wayfaircard for details. Offer valid for consumer accounts in good standing. May not be combined with introductory, rewards or other credit promotion offers. The Wayfair Mastercard® is issued by Citibank, N.A., pursuant to a license from Mastercard International Incorporated. Mastercard is a registered trademark, and the circles design is a trademark of Mastercard International Incorporated. EXHIBIT 2 BILL OF SALE AND ASSIGNMENT 4Q2023 Citi Retail Services Post Secondary Bulk Accounts THIS BILL OF SALE AND ASSIGNMENT dated December 12, 2023, is by Citibank, N.A., a national banking association organized under the laws of the United States, located at 5800 South Corporate Place, Sioux Falls, SD 57108 (the "Bank") to Resurgent Acquisitions LLC, organized under the laws of the state of Delaware, with its headquarters/principal place of business at 55 Beattie Place, Suite 110, Greenville, SC 29601 ("Buyer"). For value received and subject to the terms and conditions of the Master Purchase and Sale Agreement dated January 12, 2023 and Addendum No. 11 dated December 8, 2023, between Buyer and the Bank as amended, restated, or otherwise modified from time to time (the "Agreement"), the Bank does hereby transfer, sell, assign, convey, grant, bargain, set over and deliver to Buyer, and to Buyer's successors and assigns, the Accounts described in Exhibit 2 and the final electronic file. Citibank, N.A. By: [Signature] Name: Brandy Reardon Title: Authorized Party Contract ID: SH8MUMAA011223 Addendum ID: SH8MUMAA120823C11 Document ID: 112823SH1MU2SBA1 Exhibit 1 The individual Accounts transferred are described in the final electronic file and delivered by the Bank to Buyer, the same deemed attached hereto by this reference. <table> <tr> <th>Lot</th> <th>Sale ID</th> <th># of Accounts</th> <th>Sale Amount</th> <th>Cut-Off Date</th> </tr> <tr> <td>4Q2023 Citi Retail Services Post Secondary Bulk</td> <td>112823SH1MU2SB</td> <td>[REDACTED]</td> <td>[REDACTED]</td> <td>11/28/2023</td> </tr> </table> 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 November 28, 2023 delivered by Citibank, N.A. on December 12, 2023 for purchase by RALLC on December 12, 2023. The transfer of the Assets included electronically stored business records. Dated: December 12, 2023 Resurgent Acquisitions LLC a Delaware Limited Liability Company By: [signature] Name: Jackson Walker Title: Authorized Representative Dated: December 12, 2023 LVNV Funding LLC a Delaware Limited Liability Company By: [signature] Name: Dan Picciano Title: Authorized Representative Exhibit A Receivables File 12.12.23 ShermanRetailSvcsPostSecBulk1223 Transfer Group Portfolio Transfer Batch 977887 42921 N/A ACCOUNT SUMMARY REPORT 9/19/2024 2:23:28 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. <table> <tr> <th>Borrower Information</th> <th>Current Account Information</th> </tr> <tr> <td>Name: GODWIN ADOMAH<br>Address: 5376 E 81st St Apt 1526<br>City: Tulsa<br>State: OK<br>Zip Code: 74137-2233</td> <td>Owner: LVNV Funding LLC<br>Resurgent Reference #: 789837913<br>Original Creditor: Citibank, N.A.<br>Account Number: xxxxxxxxxxxxxxx9923<br>Current Balance Due: $9463.20<br>Date of Last Payment: 02/04/2022</td> </tr> </table> Recent Payment Transactions No Transactions Found Historical Account Information The original creditor for this account was: Citibank, N.A. 5800 South Corporate Place Sioux Falls, SD 57108 The origination date with original creditor was: 03/12/2021 The account charge-off date was: 03/27/2022 The account charge-off amount was: $9,463.21 The account was acquired on or about: 12/12/2023 The account balance at time of acquisition: $9,463.21 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.