Complaint September 26, 2022 (2024)

 
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 STATE OF NORTH CAROLINA Johnston County »” Nay ? yosz In The General Court Of Ju (% District [ Superior Court Di itnName And Address Of Plaintiff 1 LVNV Funding LLC GENERAL c/o Sessoms & Rogers, P.A P.O. Box 110564 - 5 CIVIL ACTION COVER SHEET CXINITIAL FILING (1) SUBSEQUENT FILING Durham, North Carolina 27709Name And Address Of Plaintiff 2 Rule 5(b), General Rules of Practice For Superior and District Courts BH |Name And Address Of Atlomey Or Party, if Not Represented (complete for initial NAPS lJappearance or change of address) Lee C. Rogers P.O. Box 110564 VERSUS Durham, North Carolina 27709(Name Of Defendant 7 Telephone No. Cell Telephone No. Chiemeka A. Nwangwa (919) 688-1000 INC Attomey Bar No. ‘Attomey E-Mail Address 10498 consumerinquirie: @ sessomslaw.comSummons Submitted P¥vesC] No OO Initial Appearance in Case CO Change of Address[Name Of Defendant 2 Name Of Firm Sessoms & Rogers, P.A FAX No. (919) 688-9000 KXJAl Plaintiffs [] All Defendants [7] Only (List party(ies) represented)[Summons Submitied EX yes [—] No (Jsury Demanded In Pleading (J Amount in controversy does not exceed $15,000 ComplexLit ion Stipulate to arbitrati (check ail that apply) (check all that apply) Amend (AMND) Assess Motions Fee (SEE NOTE) Failure To Join Necessary Party (FJNP) Assess Motions FeeH Amended Answer/Reply (AMND-Response) Assess Motions Fee (SEE NOTE) Amended Complaint (AMND) Assess Motions Fee(CD Answer/Reply (ANSW-Response) (SEE NOTE) Failure To State A Claim (FASC) Improper Venue/Division (IMVN) Assess Motions Fee Intervene (INTR) Assess Motions Fee(J Change Venue (CHVN) Assess Motions Fee interplead (OTHR) Assess Motions Fee[xX] Complaint (COMP) Lack Of Jurisdiction (Person) (LJPN) Assess Motions Fee Confession Of Judgment (CNFJ) Lack Of Jurisdiction (Subject Matter) (LJSM) Assess Motions Fee(1 Consent order (CONS) Rule 12 Motion In Liew of Answer (MDLA) Assess Motions Fee(J Consolidate (CNSL) Assess Motions Fee Sanctions (SANC) Assess Motions Fee( Contempt (CNTP) Assess Motions Fee Set Aside (OTHR) Assess Motions Fee[J Continue (CNTN) Assess Motions Fee Show Cause (SHOW) Assess Motions Fee(C] Compel (CMPL) Assess Motions Fee ‘Transfer (TRFR) Assess Motions Fee(Counterclaim (CTCL) Assess Court Costs () Third Party Complaint (List Third Party Defendants on Back) (TPCL)[5] Crossclaim (List On Back) (CRSS) Assess Court Costs (2) Vacate/Modify Judgment (VCMD) Assess Motions Fee(J Dismiss (01SM) Assess Court Costs (J) Withdraw as Counsel (WDGN) Assess Motions Fee ExemptWaive Mediation (EXMD) Assess Motions Fee (1 other (specify and list each separately) Extend Statute Of Limitations, Rule 9 (ESOL) Assess Motions Fee Extend Time For Complaint (EXCO) Assess Motions Fee NOTE: See Side Two for a list of motions not subject to the motions fee. NOTE: Assess fee only if court pe srmission is wired to amend. CLAIMS FOR RELIEF a©) Aaministrative Appeal (ADMA) (7 Injunction (insu) (1 Limited Driving Privilege - Out-Of-State Appointment Of Receiver (APRC) (J Medical Malpractice (MOML) Convictions (PLOP)4 AttachmenUGamishment (ATTC) Claim And Delivery (CLMD) (J Minor Settlement (MSTL) (J Money Owed (MNYO) ( Possession Of Personal Property (POPP) (Product Liability (PROD) Collection On Account (ACCT) Condemnation (CNDM)O Contract (entR) d Negligence - Motor Vehicle (MVNG) Negligence - Other (NEGO) (DJ Motor Vehecle Lien G.S. 44 (MVLN) [Real Property (RLPR) Specific Performance (SPPR) [7] Other (specity and list separately) (1) Discovery Scheduling Order (OSCH)Date Yos[ee— ‘Signature OA OMAP NOTE: Ail filings in civil as the first page of the filing 9 caver sheet summarizing the 1 eleménts of the filing in a format prescribed by the Administrative Office he C and the Clerk of Superior Court shall require a party to refile a fling which does not include the required cover sheet. For ‘subsequent filings in civil actions, the filing party must either include a General Civil (AOC-CV-751), Motion (AOC-CV-782) or Court Action (AOC-CV-753) cover sheet AQC-CV-751, Rev. 6/11, © 2011 Administrative Office of the Courts (OverSTATE OF NORTH C. ...JLINA IN THE GENEhaw COURT OFJUStI¢B} y COUNTY OF JOHNSTON DISTRICT COURT DIVISION 22 CvD. LVNV Funding LLC Plaintiff, ~ vs. COMPLAINT Chiemeka A. Nwangwa Defendant. The Plaintiff, LVNV Funding LLC (the “Plaintiff’) complaining of Defendant Chiemeka A. Nwangwa (the “Defendant”) as follows: 1 The Plaintiff is a limited liability company organized under the laws of the state of Delaware with a principal office in Las Vegas, Nevada, and a collection agency licensed by the NC Department of Insurance with permit number 103704. 2. Upon information and belief, the Defendant is a resident of North Carolina. 3 The Plaintiff's predecessor in interest, Citibank, N.A., extended credit to the Defendant through an account (XXXXXXXXXXXX6135), but the Defendant failed to pay the resulting balance. The Account was charged off and subsequently assigned to the Plaintiff. 4. As shown by the attached Affidavit and business records, the Defendant remains lawfully indebted to the Plaintiff in the sum of $4,859.87. WHEREFORE, the Plaintiff prays the Court that it recover from Defendant, the sum of $4,859.87, all costs of this action, and Interest at the rate of 8% per annum from and after the date of judgment until paid.— Date: 2. fe — SESSOMS & ROGERS, P.A. By Z,—_ Lee C. Rog€ts(N.C. Bar 10498)=—_ Attorney for Plaintiff P.O. Box 110564— Durham, North Carolina 27709ee Telephone: (919) 688-1000 | Fax: (919) 688-9000 Email: consumerinquiries@sessomslaw.com>_>_—a====PLAINTIFF'S AFFIDAVIT OF INDEBTEDNESS AND OWNERSHIP OF ACCOUNTT am an Authorized Representative for the current owner, LVNV Funding LLC (hereafter the Plaintiff"), and herebycertify as follows:I have personal knowledge regarding Plaintiff's creation and maintenance of its normal business records which includesthe computer records of its accounts and corresponding rcceivables. This information is regularly andcontcmporaneously maintained during the course of Plaintiff's business.In the regular course of business, Plaintiff acquires revolving credit accounts, installment accounts, service accountsaud/or other credit lines or obligations. The records provided to Plaintiff in connection with such acquisitions arcrepresented to include accurate information provided by the original creditor and/or subsequent owners, and thatinformation is incorporated into Plaintiff's business records. Such information includes the debtor's name and socialsecutity number, the account balance, the identity of the original creditor and the account number.Based on the business records maintained on account XXXXXXXXXXXX6135 and its corresponding receivables(hereinafter the “Account"), which arc a compilation of the information provided upon acquisition and informationobtained since acquisition, the Account was originated on 04/07/2017 by Citibank, N.A. and represents a validobligation of Chiemeka A Nwangwa .Plaintiffis the current owner of the Account. Plaintiffs business records indicate that subsequent to the Account'sorigination other owners of the Account included:Citibank, NA.Resurgent Acquisitions LLCOn 12/22/2020 all ownership rights ia the Account were assigned to, transferred to and became vested in Plaintiff,including the right ta collect the current balance owing of $4,859.87 plus any logally pecmissible interest.To the best of my knowledge and belief, the Defendaut is not a minor or mentally incompetent person.Based on the business records maintained in regard to the Account, the above-stated amount is justly and duly owedby the Defendant 10 the Plaintiff and all just and lawful offsets, payments and credits to the Account have beenallowed. Demand for payment was made more than thirty days ago.All documents attached hereto are te and correct reproductions of the original business records maintamed byPlaintiff1 affirm under penalty of perjury that the above facts are tuc and cx ct to the best of my knowledge based on thePlaintiffs business records. Heidi Wallis 09/12/2022The foregoing affidavit was signed to and subscribed befo:me this Monday temby 2, 2 we ta Mey, > Nyy(Notary Public) § x Ko g4 ® § “& % “ty Muy T a auntCi.* Account Statement ‘Send Notice of Biking Errors and Custcmer Service laquites ta: Customer Service: GEST BUY CREDIT SERVICES Ec PO Box 790441, St, Lous, MO 63179 Lm My Best Buy® bestbuy.accountoniine.com Be: oR oy Account Inquiries: aa A paieaed ed Visa® Card 1-888-574-1301 PRS YON Manresa sen > Summary of Account Activity Payment Information Previous Balance $364.06 New Balance $298.39 P; nts: -$62.20 Minimum Payment Due $28.00 Other Credits -$0.00 Payment Due Date December 8, 2019 Purchases. +$0,00 Cash Advances. +$0.00 Late Payment Warning: If we do not receive your minimum payment by the Fees Charged +$0,00 date listed above, you may havo to pay alate faa up to $39. Interest Charged +$6.53 Minimum Payment Warning: If you make only the minimum payment each New Balance $298.39 pee, you will pay more in interest anc it wil take you Icnger to pay off your oe For example: \Past Due Amount $0.00 Ayu inna Maks, ‘ng -adchitionel:s, Jot nator 8: Is. wills igesmes Us ESTER Tiapoutee (Credit Limit $4,000. eee SaaS ae iis, cash ae Available Credit $3,701.00 3 fai. monty ‘yous y YRS suimigied' deaialerns Cash Advance Limit $200.00 ony the rninimaum payment 13 months $344 Available Cash Limit $200.00 you woutd [ke Intormation about cred counseling services, call 1-877-237-8187. Amc*nt Over Credit Limit £0.00 Statement Closing Date 44/44/2019 Next Statement Closing Date 12/13/2019 \Days in Billing Cycle SOK ony Tay rears ro oes ra rar 7 rrEMrTE a et fs fal SE ais ‘TI Ek oe oe a jee as rod iieas Please update your phone number, including cell phone number on the back of the payment coupon. Markating offers included in this statement asa intanded for residents of the United States and Its Territories, TRANSACTIONS ‘Trans Date Description Roferonce # Amount 0n6 EFT PAYMENT, THANK YOU 74269379 1EYOQIONX 62.20- oe ray ers ras a oo am jel pola, os a ire) rateleats'g iy lls tris) Isle cl Cc] elasi ae oa Ree ten oe See a as Aeowes a aS cr al AEs Hug PLEASE SEE IMPORTANT INFORMATION ON PAGE 2. Pago ote ‘This Accotmt Is Issued by Citibank, NA. Please cietach penne ee ee eee Ht _Please cetach anand rem tower portion with your payment 19 insure proper credit, Retaln uppar 1 YOU IE _— ‘Your Account Number's NNN 6135 Payment Due Date Oecember 8, 2019 PO New Balance $298.39 SIOUX FALLS, $0 57457-6204 Past Due Amount $0.00 Minimum Payment Dus Statement Enclosed a5 ce FCI ry= sec me ne sec brs cs se som sateen Please print address changes on the reverse skio. Make Checks Payabla tow BEST BUY CREDIT SERVICES CHIEMEKA A NWANGWA PO BOX 78 171 ANTILA CT PHOENIX, AZ 85062-8009 GARNER, NG 27529-8369P08ES 07700 cooeaco 0029839 OOUbC2O Re SS Oéle\ ) — Intormation About Your Account. time peticd disclosedto you on the chone, Theres nofee fcr mzking a payment using our How ta Avold Paying Interest on Purchases, Your payment due date is at least 25 days after the automated voice response system. clase of each bling cycie. We will not charge you any est on purchases ¢ you pay your New + AgenteAssistes Phone Payments. If you call us to make apayment with the assistance cfa Catance by the paymznt cue date cach month, Thisis cailed a grace perlod an purchases, Toget a live agent, the payment wilbe apptied the same day and you willbe charged a $5 00 agent graceperiedon ses, you must pay the New Balance by the payinen due date every Gling expedited payment fee, cycle,We wi bein charging interest on cash advances and balance transfers on the transaction + Express Mail. Send payment by express mail to: Consumer Poyment Dept. 6716 Grade Lane, date. Sulding9, Suite 910, Lcuisvifle, KY 40213, It you have a balance subject to a deferred interest promotion and that promotion doesnct expire + Crediting Payments other than by Mail. The payment culctf time for Onin Lidlpayments, before the parent due date, that balance (an “excluded balance”)is excluded from the amount Phone fayments, and Express Mait payments Is midnight Easter time, This means thatwe ‘you must payin fellto gat a grace period on 2 purchase balance other thonan exclucedbatance. ‘wil eredityour account as of the calendar day, based on Eastern time, that we receive your in addition,if you have a reducedvate cretit plan, that tatance (an “excluded belance")is excluded paymeat request. from the atrount you must pay in {ut to get a grace peslodon a purchase batance other than an I you send an eligtble check with this payment coupon, you authorize us to complete your excluded balance. However, you must stil pay any separately cecuired payment on the exchided payment by electronic deblt. t we do, the checking accountfl be dabitedin the amount on, balance. n biling cycles in which paymentsae allocated to deferred interest balances first, the the check, We may dathis a3 soon as the day we receive the check. Also, the check will be jeferted interest baance willbe reduced before any other balance on the accou! However, you destroyed. ‘wll cortinue to gat a grace periodon purchases, other than an excluded batance, lang. as you Creeit Reporting Disputes, We may report Informatica about your account focredit bureaus. pay the New Balance (less ery excluded balznce, plus any separately required payment on an :t you think we reported inaccurate information. please writeus af Credit Bureau Dipute excluded batance) in fwd by the payment due date cach billing cycle, Deferred interestotfers may Verification, P.O. Box 6497, Sicux Falls, SD S711? a’so be called Seme As Ccsh or No interest. Maddon, certain promotional effers not descrived above may also atwyou tohave agrace Repart a Lostar Stolen Card immediately. Cail the Account inquiries number shownen Paget, period ca purchases without having to pay all or a portion of the gromotional bataace by the What ToDo It You Think You Find A MistakoOn’ ur Statement It you think there is an error Payment due date, If thal is the case, he prometicnal offer will ¢escribe what happens. on your statement, write to us at the address for biling errers and customer service inquiries How Wo Calculate Your Batanco Subject to Interest Rate. We use adoily balancemethod shcwn en Page! of your statement. Gacluding current transacticas) to calculate interest charges, To find out mere Informaticn about tnyour letter, ‘us the following informati the balance computation method and how the cesutting interest charges were cetermined, contact 1. Account in‘csmation: Your name and account number, cvsat the Ateouat Inguites nurrber on the front. 2. Dellar arnont: The dolar amount of the suspected error, Balance Transfers. Balance transfer amounts are tacluded in the “Purchases” ine in the 3, Descriotion of Problem: if you think there is an error on your bill describe what you befevets Summaryof Accaunt Activity. virorg and why you believe it isa mistake. Membership Fee. Some accounts are charged a membership fee. To avcid paying this fee, natity ‘You mst contact vs within 60 days after tne error appeared on your statement. usthal yeu are closing your account within 30 days of the mailing or delivery date of the statement Yeu must notify us of any potential errers in wating, You may callus, but if you do we are not ‘onwhich the fecistilled. Fequired to investigate any potential errors and yau may have to pay the amount in question. Minlmum Interest Charge. Ifwe charge interest, the charge will Dene (oss than SI, ‘While we investigate whether of not there has been an error. the following are truc:G™ Other Account and Payment information. + We cannottry to cefect the amount in question, or report you as delinquent cn that amount,E+ payment Amount. Youmay pay allcr part of your account balance at any time. However, you + The charge in quéstion may remzin on your statement, and we may continwe to chargeyouLS must pay, by the payment due date, ct least the minimum payment due. interest on that ameurt. But if we determine thatwe made a mistake,you will not have fo payWhen Your Payment Will Be Credited. we receive your payment in prope: format aur the amountin question or any interest or other fees relatedto that amount.1 processing fecifty by S eum. localtime there, t wi be credited as ofthat day A caymenteceived + While you do not haveta pay the amount in questicn, you ere responsible for the cernainder of ‘there ia proper form after that time wal be credited os of the next day. Allow 5107 days for Yourbalance. payments by regular mai to reach us. There may be a delay of up to days in crediting apayment + We can Szply any eozals amount against your crecit limit, ‘we recelve that is natin proper form ors not sentto the ccrrect address,The correct actress for Your Rights If You Are Dissattstted With Your Credit Card Purchasos, tf you are cissatisfied ‘regular mai is the address on the {cont of the payment coupon. The correct address for express. sith the gotds or services that youhave purchased with yout credit card, and youave tried mmod isshown in the Express Mail section, in good faithto correct the problem with the merchant, you may have therrigit not to pay the Propet Form. For a payment sent by moll of courier to be in proper form, you must: remaining amount due on the purchase. + Enctosea valid check or money order. No cash, git cards, oF foreign cursency please. Touse this right, af of the foltowing must ba true: + Include your name and the last four digits of your account mumber. 1. The purchase m:st have been mace in your hore state or within 100 miles of your cutrent Payment Other Than By Mall, ‘mailing address, and the purchase price must hava been more than $50. (Note: Nefiher af these + In-Store (Where Ava‘lable). Any paymentin proper form accepted In-store will be credited 35 are necessary! ycur purchase was based on an advertisem*nt we maied to you, or if we own of that day. However, credit avallabZty maybe subjectto verification of funds, Notall stores the company that Soid you the goods or services.) accept payments. intact your tacal stare ta seeif in-store payments are accepted at that, 2. Yourmust have used your credit card for the purchase, Purchases made with cash advances I {roman ATM cr with a check that accesses your crecit card account donot qualify. + nvine/AutoPay. Goto the URL cn Page of your statement Io make a jent onfine.You 3. You mustnot yet have fet pald forthe purchase, canalso enrollin AutoPoy and have you" payment amourt automaticaly ducted each month lt alo! the criteria above are Met and you are still cissatisfted with the purchase, contact us ja. from the payment account you choose. ‘wtitingat the address fo: bling errers and customer service inquirtes shown on Page 1of your + Phone. Call he number on Page to! your statement to make a payment by phone. For phone Statement. ‘payments, you authorize us to electronically del ‘your specified bank account by an ACH White we investigate, the same rules apply to the disputed amount as discussed above. After we transaction in the amc*nt ans on tive date that yc indicate onthe phone. Youmay cancel a finish our investigation, we will lell you our decision. At [hat point, ifwe think you owe ca amount phone payment by calling us at the Customer Service number at the top of Page Twithia the and you do nst pay.we mayreportyeu as delinquent. BBY MC NAAUGIS JA1-HtA~3386-7200-0001 - N2 2 £396386700 -C #0) -0- 98 4D. P- - -0+¥ fe/-0- + +0 0-fF OVNBNB - CEPDUIT «31 - October 14, 2019 Ne v= Ri O- “YRRVEV WEN: 0-0 = dh = 719038 - -051 Pega 2of8 . eRe norm We = re sai i Bea nS Pepe zit ote a te ar Seen Please provide change of address and update/add your we (ae EB BA cris phone numbers*here: (Use blue or black ink. aE: oe PIs re iss Mer ox a: 3 A pa ay i See se sy Be isi Me es Re ve esee ee am oie es x ie ie: Hse Sia MEAS F ona inh *Cell: “Home: eA cs ae Sees 3 oy NS bs ae ES Oe aS1S e se2 a “Phone: By giving us a cell number or a number leler converted to a Ne 2 ee ere se Sae NesFave! Cr tfrea8 oe ee© cell umber, you agree thal we or our service providers cen contact you at that number by autodialer, recorded or artificial voice, or a toxt Your phone plan charges may apply. 3, ae es <. = af ree s Ss St ney Gif Ste ai sorte Sad a Bh esoH rab ee Sy owt Bese cee ae ead a Fe peek Pe ‘Shop Roe Sey hay 

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