MOTION FOR JUDGMENT MOTION FOR JUDGMENT & FOR ORDER OF PAYMENTS WITH BILL OF COSTS RESULT: Granted 12/21/2020 HON ROBERT YOUNG December 03, 2020 (2024)

 
Preview
 DOCKET NO: CV196092276S SUPERIOR COURT JUDICIAL DISTRICTPORTFOLIO RECOVERY ASSOCIATES, LLC OF NEW HAVENvs.JESSICA F DI LAURO MOTION FOR JUDGMENT AND FOR ORDER OF PAYMENTS -------- +--+ Pursuant to Conn. Practice Book § 17-31, et seq. and based uponthe defendant's default for failure to APPEAR as orderedby this Court on 10/27/2020, plaintiff moves this Court for theentry of judgment against the defendant for the following: $8672.38 Amount of Damages less payments received to date $424.34 Costs for entry fee and service of process. Plaintiff further requests that this Court enter an order ofpayments of $35.00 per week to be directed to LAW OFFICES HOWARDLEE SCHIFF P.C., counsel for plaintiff, at P.O. Box 280245,East Hartford, CT 06128-0245. PLAINTIFF ° Hol Reb veer, ESq, PORTFOLIO RECOVERY ASSOCIATES, LLC Law Offices Howard Lee Schiff PC P.O. Box 280245 East Hartford, CT 06128-0245 Telephone (860) 528-9991 Juris No. 419040CERTIFICATION OF SERVICE I hereby certify that a copy of the foregoing and anyattachments were served as required by the Connecticut PracticeBook on bie 6 wuld on the following counsel and/orpro se parties of record herein:JESSICA F DI LAURO 654 BRADLEY STREET EAST HAVEN CT 06512 HollyR. Nelen, EsqfcCN-AIS393 THIS COMMUNICATION IS FROM A DEBT COLLECTORDOCKET NO: CV196092276S SUPERIOR COURT : JUDICIAL DISTRICT OF PORTFOLIO RECOVERY ASSOCIATES, LLC: :: NEW HAVEN vs. JESSICA F DI LAURO PLAINTIFF'S BILL OF costs ------------ eee ENTRY FEE $ 360.00 MARSHAL'S FEE $ 64.34 TOTAL $ 424.34 PLAINTIFF By: Holly R. Nelen Attorney for Plaintiff PORTFOLIO RECOVERY ASSOCIATES, LLC Law Offices Howard Lee Schiff PC P.O. Box 280245 East Hartford, CT 06128-0245 Telephone (860) 528-9991 duris No. 419040 CERTIFICATION OF SERVICE I hereby certify that a copy of the foregoing and anyattachments were,se eM gc as required by the Connecticut PracticeBook on Ceuse to the following counsel and/or pro separties of record.JESSICA F DI LAURO654 BRADLEY STEAST HAVEN, CT 065120 Hotty . Nelen, Esq. THIS COMMUNICATION IS FROM A DEBT COLLECTORCN-AI5393JPAFFIDAVITCommonwealth of VirginiaCity of Norfolk ss. Charael Butler Custodian of Records, for Portfolio Recovery Associates, LLC1, the undersigned,hereby depose, affirm and state as follows:| Tam competent to testify to the matters contained herein.2. 1am an authorized employee of Portfolio Recovery Associates, LLC, (“Account Assignee”) which is doingbusiness at Riverside Commerce Center, 120 Corporate Boulevard, Norfolk, Virginia, and 1 am authorized to make thestatements, representations and averments herein, and do so based upon a review of the business records of the OriginalCreditor CAPITAL ONE BANK (USA), N.A. and those records transferred to Account Assignee from CAPITAL ONEBANK (USA), N.A. (“Account Setter"), which have become a part of and have integrated into Account Assignee’sbusiness records, in the ordinary course of business. The attached documents are true copies of the originals except to theextent that confidential and privileged information is omitted or redacted and personal identifying information is omittedor redacted as required by local rules, and applicable state and federal law.a3 According to the business records, which are maintained in the ordinary course of business, the account, and ailproceeds of the account are now owned by the Account Assignee, all of the Account Seller‘s interest in such accounthaving been sold, assigned and transferred by the Account Seller on 06/20/2018. Further, the Account Assignee has beenassigned 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 interestin 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 JESSICA F DI LAURO (“Debtor and Co- Debtor”) to the Account Seller the sum of $8,672.38 with the respect to account number ending in 8291 as of the date of 05/13/2017 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 $8,672.38 as due and owing as of the date of this affidavit. 6 Pluintiff 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, Portfolio Recavery Associates, LLC Qo Charael Butler * ‘ustodian of Records Subscribedfan 6 bef eon JUN 29 2020 Melvin L. Jackson Jr. Commonwealth of Virginia Notary Public At. Notary Public Commission Nc. 762 2744 My Commission Expires 0501/2023 v2 A15393capiaie Page lof 3 Visa Signature Account Ending in 8291 Apr. 13, 2017- May 12, 2017 | 30 days in Billing Cycle SEN Tea in) a eee Aa Payment Due Date For ontine and phone payments, the deadline is Spm ET. Previous Balance ween om $8,511.92 PAST DUE Payments - $0,00 . New Balance Minimum Payment Due Other Credits $0.00 $8,672.38 $8,672.38 Transactions_ + $0.00 IMPORTANT ACCOUNT UPDATES: Cash Advances + $0.00 Fees Charged +$0.00 Your full batance is due. Any payment you make will reduce your balance and help pay off your debt faster. The amount you owe may differ if Interest Charged + $160.46 you've entered into a separate payment agreement. - New Balance = $8,672.38 Aailable Crest (¢sof May 12, 2017) N/A " 300079 —_? Ca Pp if. caalOne Account Notifications @® __ Welcome to your account notifications, Check back here each month for important updates about your account.~ Pay of manage your account on our mobile app or at wuw.c italone.com, Customer Service:1-800-258-9381 9 ‘See reverse for Important Information captease Please send us this portion of your statement and only one check (ar one money ordet) to sure your payment Is processed promptly. Allow at least seven business days tor deilvery. 400030 —_) Account Ending in 829% ca Pp Payment Due Date: Past Due New Balance $8,672.38 Minimum Payment Due $8,672.38 Amount Enclosed $F ifalOne’ Pod ! MESS. ICA F DI LAURG APT 340 THOMPSON ST Capital One Bank (USA). Nea NEW HAVEN, CT 0bS33-1960 + Box 7ll AMEN at sy te g|EN pong epee fgeghs fed peeegflefenstt yt Charlottes NC 26272-1083 aU tet e OH el ila esO01 How can | Avoid Paying Interest Charges’? If you pay your statement’s New Balance in full by the due date, wewif not charge you interest on any new transacions that post lo He When you make 2 payment, you authorize us to inféats an ACH or electronic payment that will be debited from your bank the purchase segment. you have been paying your account in hull with no account of Interest other related account. When you provide @ check or check information Charges, ‘bat then you do not pay your next New Balance In ful, we will charge to make a intarast on Payment, you authorize us to use information from the check to make a one-time the portion of the balance that you did aot pay. For Cash Advanas and Special Transfers, we will start charging Interest on the transacton date, Cartain other electronic tansier frem your bank account. We may also process it as a ACHcheckor ‘offers may slow you to psy less than the total New Balance and avoid paying Promotional transaction, Funds may be withdrawn from your Dank account! a8 soon as tha sameday Chargeson new purchases. Please sefer to the ‘font of your slatement interest wa process your payment. information. for additionat We generally apply payments up to your Minimum How ls the Interest Charge applled?, infsrest Charges accrue tom the date Paymenl first to the balance with the lowest APR (including 0% APR), and then tran or the sactfirst day ofion of the the Bling Cyole. Intorost Charges accrue on every unpaid balances wit higher APRs, We apo ly any part of yourpayment e: ling your Minimumto Paymentto the balance with the highest APR, and then to balances ‘amount until & is paidin full. This means you may owe Interest Charges sven if you pay ‘with lower APRs, the entire New Bala for nce one Billing Cycle, but did fot do $0 the previo Billing us Cycle. Billi: intsSe ni to Smal Businoss Is) What To Dolf You Think You Find A Mistake On Your Statement « you think there ‘Unpaid Interest Charges are added lo the comesponding sagmentof ‘your account. is anorror on your statement, write to us at: 1? We may assess @ minimum Interest Capital One P.O. Box 30285 Saif Lake City, UT 84130-02865. Charge of $0 50 ee‘each Cig Gy if your account is subject fo an Interest Charge. 'n your letter, give us the following intarmation: cl ‘We use a method called Average Daily Balance (including new transactions). * Account information: Your name and account number. 1, First, for each segment we lake the beginning balance each day and add in new + Dollar amount The dollar amoun ‘transactions and the periodic Interest Charge on the Previous day's balance. Then we of t the euspectos error. © Descriptio of Problem: n W you think there is an error on your bill, describe what you Subtract any payments and credits for that segment as of that day. The result is the believe is wrong and why you believe & is a mistake. You must contact ally balance for each segment. Howaver, if your previous stalement balance was us within 60 Of a cred amount, new transactions which post to your purchase segment are not zea days after the error appeared on your statement. You must notify us of any potential added to the daily balance. armors in wring. You may call us or nolty us electronically, but it you do we ave not Tequired to investigate any potential erors 2. Next, for each segment, we ad tho dally balances together and divide the sum by the and you may have to pay the amount in question, We will notify you in writing within 30 days of our tece umber of days in the Biling Cyde. The resul is the Average Daily Balance for each of your ipt letter, While segment. wo investigate whether or nol there has been an error, the following are true » We carnal try lo colect the amount in qusstion, of report you 8s delinquent on 3.At the end of each Bling Cycle, we multiply your Average Daily Balance for each, amount. that The charge in quottion may remain on your statement, and we may continue to Segment by the daily periodic rate (APR divided by 365) for that segment, and then we charge you interest on that amount. But, if we determina that we made a mistake, mutiply the result by the number of days in the Biting Cyde. We add the Inlerest wil not have to pay the amount In question or any inlerest or olher foes you Charges forall segments together. The resut is your total Interest Charge forthe Billing amount, related 4o that Cyde ‘*While you do not have to pay tte arnount in question until we send you a novos about ‘The Average Dally Balance is referted to as the Balance: ‘Sudject to interest Rale in the the outcome of our investigation, you are responsible for the ramainder of your balance, Interest Charge Calculation section of this Statement, ‘+ We can apply any unpaid amount agains! your credit limi Within 90 days of our NOTE: Due to rounding or a minimum Interest Charge, this calcdation May vary sighily receipt of your etter, we will send you a written notice explaining either that {rom the Interest Charge actually assessed. we ‘corrected the error (fo appear cn your next statement) or the reasons we baligve the bill change? Your APRs may increase ox decrease based on one is correct. of the folowing indices (reported in Tha Wal Sireet Journa’ ). The letter code below ‘Your Rights if You Are Olssatisflod With Your Purchase: corresponds with the letter next fo your APRs In the interest Charge Calcutation section of if you are dissatisfod with the goods or services that you have puschased with your credit card, and you have tled is statement in good faith to cavrect the problem with the merchant, you may have ‘the right next to | How do we calculate your ‘When your APR(s) will change Be femahing amount doe on the purchase. To use this right, the following must not 10 pay aut APRS) | ARE )? Index.+ margin. frst day of the Biling Cycles Frat Ls{The fret dey of each Biling Cycle. Prime Rate + margin The 1} You must have used your credit card for the purchase, Purchases made with cash L | 3 month LIBOR + margin lend in Jan., Apri, July, and Oct, advances from an ATM of with a chock thal accesses your ered card account do not a Prime Rate + margin i qually, and F ‘1 month LIBOR + margin | 2) Yau must not yet have fully peld for the purchase, Monnbership Feast Wa Renewal Notice le pinted on tie eatomert, How can [Avold Mall of the criteria above are met and you are sti dissatisfied with the Purchase, contact you may avold paying innusl membership Fee by contacting Customer Service us in wring et Capital One, P.O. Box 30285, Salt Lake City, UT 8413040285, Whlle no later we than 45 days after the last day in the Billing Cycle covered by this statement to request investigate, the same rules apply to the disputed amount as discussed above, After wo that we close your account To avoid paying a monthly membership Fee, dose your finish our invesfigation, we will tell you our decislon. At tat point, I we think you ows an Account and we will stop assessing your monthly membership Fee. ‘amount and you do nef pay we may reporl you as delinquent, 1 ek You can contact Customer Service anytime to request ETC-O8 that we close your accounl. © 2016 Capital Ono. Capital One ts a federally registered service mark 110146 Changing Malling Address? How do | Make Payments? You may maka your paymentin several ways: 1. Online Banking by logging into your accourt; ‘You can change your address immediately at capitatone.com or complete the information 2 Capital One Mobile Banking app for approved etectronic devices: a Calling the telephone aumber listed on the front of this statament ana providing the below, and return this coupon with your payment. Please print using bie or black ink required payment information; 4 Sending mail payments to the address on the frontof this statement with the ayment coupon oF your account information. Street... ‘When will you Credit My Payment? City. . For mobile, online or over the phone,as ofthe business day ws receive it, a long 8s itis made by 8 p.m. ET. Stale... . For mail, a3 of the business day we receive tl, as long 8s ils received by$p.m. Zip onde ... local fime at our processing center. You mus! send the bottom Portonof this Statement and your check fo the payment address on the frontof this statement. Phone. Please alow al least seven (7) business days for mail delivery. Mailed payments received by Us at any other location or payments in any other form may Email... not be crediied es of the day we receive them. To change or update your address please cali 1-800-258-9319 or visit www.apitalene.com—_—capitate Page 2 of3 Visa Signature Account Ending in 8201 Apr, 13, 2017 - May 12, 2017 | 30 days in Billing Cycle ~ —. BEr-Tecs-lee]ear) 300079 —_? JESSICA F BE LAURO #8291: Payments, Credits and Adjustments Cc. api it eealone’ Date Description Amount JESSICA F Di LAURO #8291: Transactions Date Description Amount Date Description eae Amount Total Fees for This Perlod $0.00as Interest Charge on Purchases ee $155.53 erent Interest Charge onCash Advances $4.93 en Interest Charge on Other Balances $0.00 Total Interest for This Period $160.46aaaTotal Fees charged in 2017 $35.00 Total Interest charged in 2017 $772.68 —. — Your Annual Percentage Rate (APR) is the annual interest rate on your account.Type of Annual Percentage Balance Subject interest Charge Balt Rato(APR) to Interest Rate son —. Purchases Cash Advances 2280n8 25.65% P $2,355.30 $233.94 $155.53 $4.93 P,L,D,F = Variable Rate. See reverse of page 1 for details.201146 Your account has charged off. {tis now being serviced by the Recoveries department. Call 1-800-258-9319 if you have questions about this notice.—__— —__—Forward Flow Receivable Sale Agreement dated January 9,2018 BILL OF SALE Closing Date: June 20, 2018 Capital One Bank (USA), National Association (“Seller”), in consideration of a Purchase Price of and other valuable consideration, the receipt of which is herebyacknowledged, hereby sells, assigns and transfers all right, title and interest in the Accou nts identified in the Sale File entitled “20180615.PSD8LT.SLDFLE1.TXT” (which may be in electronic form) to Portfolio Recovery Associates, LLC. (“Buyer”), without recourse or representation except as expressly provided herein or on the terms, and subject to the conditions ,set forth in the Agreement (as defined below). This Bill of Sale is delivered pursuant to that certain Forward Flow Receivable SaleAgreement, dated as of January 9, 2018, by and between Seller and Buyer (the “Agreement”), Allcapitalized terms used, but not defined, in this Bill of Sale shall have the meanings assigned tosuch terms in the Agreement. The Cutoff Date for the Sale File was June 15, 2018, The aggreyate Unpaid Balance of theAccounts as of the Cutoff Date was CAPITAL ONE BANK (USA), NATIONAL ASSOCIATION B fe ys — Namé/ Jonathan K. Stalls Title: SeniorPresident Vice— = = a) i Page 1 of 2 i May. 13 -Jun. 12,2016 31 Days in Beg Cyd 4e| Customer Service 1-800-955-7070 . — _—--— wet i www .capitalone.com i MINIMUM PAYMENT WARNING: If you make only the minimum payment each period, you | in interest and i will take you longer to pay ofl your balance. For example. a ‘wil pay more A \ccount ending in 3291 i Payment Amount Each Period ff Ne Approximate Time to Pay Off Estimated ; Visa Signature Additional Charges Are Made - Statement Balance Total Cost MINIMUM PAYMENT DUE DATE NEW BALANCE Minimum Payment 23 Years $20,320 i $7,184.10 375.00 ul 09, 2016 $9,748 mated savings # you pay off this balance in 3 years: $10,572 i1 astra AeA? mS AMOUNT - - ! | Reving Cred Lint: $7500 00 CashAdvance Credit Limit: $3,759. 20| If you would ike information about credit counseling services, call 1 B88-326-B056. LATE PAYMENT WARNING: Ii we do not receive your minimum payment by your due date, {Male evn re $335.90 _Araltable Credit for Cash Advances: $315 30 ‘you may have fo pay a late fee of up to $35 00. - Le Fees and Interest Charged __ Transactions _New Balance . Previous Balance 5) Payments and Cre 1 r $7,184.10 Hi f $4.00 $776.34 $6,574.94 SIT118 3 | - = - Gama INFORMATION THESSICA FDI TAURO 1,358 | ADJUSTMENTS FOR JESSICA F DI LAURO #8291 PREVIOUS AVAILABLE REWARDS BALANCE PAYMENTS, CREDITS & 1 27 MAY TIMAXX #0629NORTH HAVENCT ($45.71) REVYARDS EARNEO THIS PEF 20 B42 2 31 MAY TIMAXX #0629NORTH HAVENCT ($58.47) || (reflects transactions posted diiting this billieg cycle) 3 OB JUN CAPITAL ONE ONUNE PYMTAuthDate 08-JUN ($67.00) i AVARABLE BALANCE AS GF 06/12/2016 2,200 || | TRANSACTIONS FOR JESSICAF DI LAURO #8291 | 13 MAY Asurion Wireless Insuranc866-66725351N $199.00 14 MAY RANIS PACKAGE STORENEW HAVENCT $25.39 j For up-lo-date rewards tracking, visit 15 MAY SING HEENORTH HAVENCT $27.97 | ‘www cepitelone.com 16 MAY RITE AID STORE - 1033NORTH HAVENCT $9.27 22. MAY EXXONMOBIL 47921S64EAST HAVENCT $9.71 \ — - _ _ $22.28 INTEREST CHARGE CALCULATION 24 MAY MIKES FAMOUS HARLEY DANEW LONDONCT 24 MAY FIVE BELOW 430NORTH HAVENCT $12.76 a 24 MAY TIMAXX #0629NORTH HAVENCT $422.25 interest rate on your account, ‘Your Annual Percentage Rate (APR) is the annual MIKES FAMOUS HARLEY DANEW LONDONCT $20.00 25 MAY $45.83 Annual Percentage Balance Subject to _lntorestCharge 10 26 

Related Contentin New Haven County