MIDLAND CREDIT MANAGEMENT INC. vs JAMES O BOYD

4. Venue is proper in this Judicial District under California Code of Civil Procedure § 395, as Defendants, and each of them, reside in this Judicial District. The obligation sued upon is not subject to the provisions of California Civil Code section 2984 .4, nor California Civil Code section 1812 .10.

5. Plaintiff is a debt buyer that is regularly engaged in the business of purchasing charged- off consumer debt for collection purposes, as defined in California Civil Code section 1788 .50, subdivision (a)(1).

6. The debt at issue arises from a Consumer Credit Card account issued to Defendant by CITIBANK, N.A. under account number ending in XXXXXXXXXXXX . Defendant defaulted on the obligation by failing to pay amounts due and owing.

7. Plaintiff is the sole owner of the Account which forms the basis for this Complaint. Plaintiff's California Department of Financial Protection and Innovation (DFPI) license number: Plaintiff's California Debt Collector license application is currently pending.

8. Plaintiff purchased the debt from CITIBANK, N.A. on 07/24/ 2023 . Pursuant to Civil Code § 1788 .58(a)(3-8), Plaintiff pleads the following facts:

a. Plaintiff is the sole owner of the Account.

b. The charge-off date was 06/07/ 2023 .

c. The balance at charge-off was $3,307.35.

d. The date of last payment on the subject account was on November 1, .

e. The charge-off creditor name and address at the time of charge-off was CITIBANK, N.A., .

f. The charge-off creditor's account number associated with the debt at the time of charge off was XXXXXXXXXXXX 2335 .

g. The debtor's name and last known address as it appears in the charge-off creditor's records were JAMES O BOYD, 747 BISCAYNE AVE UNIT 747, CAMARILLO, CA - 4513 .

h. The names and addresses of all persons or entities that purchased the debt after charge off, including the plaintiff debt buyer:

Address: CITIBANK, N.A. Midland Credit Management, Inc. 350 Camino De La Reina Suite 100 San Diego CA

9. Plaintiff has complied with Civil Code § 1788 .52.

10. A true and correct copy of the contract or other document evidencing the debt, as described in § 1788 .52(b), is attached hereto as Exhibit A and incorporated herein by reference.

11. Pursuant to Civil Code Sections 2983 .4 and 1717 , Plaintiff is entitled to recover reasonable attorney's fees and costs incurred, or to be incurred, in this action based on the contract, in an amount to be determined by the Court.

12. Plaintiff incorporates by reference each and every allegation set forth in the preceding paragraphs as though fully set forth herein.

13. On or about 12/27/ 2018 , CITIBANK, N.A. issued a Consumer Credit Card to Defendant, account number ending in XXXXXXXXXXXX .

14. Under the terms of the agreement, CITIBANK, N.A. agreed to provide Consumer Credit Card funds to Defendant, who agreed to repay amounts advanced, including, interests, fees, and other charges pursuant to the agreement.

15. Defendant accepted the agreement by using the Account to make purchases and/or to take cash advances and/or to make balance transfers and reaffirmed their obligation to repay through subsequent use of the account.