PORTFOLIO RECOVERY ASSOC. VS MARCUS FARHAD

Complaint Information

O 00 ~2 O n & W N -

LRLO 801756-001

Andrew P. Rundquist, SBN - 262523 Judson H. Price, SBN - 275475 Deanna Fraser, SBN - 270362

Legal Recovery Law Offices, Inc. 5030 Camino de la Siesta Ste 340 San Diego, CA 92108

619-275-4010 10/30/2012 FILED SAN MATEO COUNTY

Superior Court of California, County of San Mateo

Southern Branch: Hall of Justice and Records - LIMITED CIVIL

PORTFOLIO RECOVERY ASSOCIATES, LLC,

Plaintiff, Vs. MARCUS FARHAD,

and DOES 1to 10 Defendant(s)

COMES NOW, Plaintiff, PORTFOLIO RECOVERY ASSOCIATES, LLC, (hereinafter “Plaintiff”) for all causes of action against all named Defendant(s), MARCUS FARHAD, (hereinafter “Defendant(s)”)

and each of them, and each other Defendant sued as a DOE Defendant hereunder, and hereby complains as

follows upon information and belief:

Case No.: W519029

COMPLAINT FOR MONEY

Breach of Written Contract

Account Stated

1. 2 % Amount demanded does not exceed $10,000

Amount demanded exceeds $10,000 Amount demanded exceeds $25,000

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PARTIES

1. Plaintifftimes mentioned herein either a corporation, a partnership, a sole

proprietor, or other legal entity in good standing, and is the rightful Plaintiff authorized to collect the debt

which is the subject of this action.

2. Plaintiff is informed and believes, and on that basis alleges that at least one Defendant is an

individual who resides in the State of California.

3. Plaintiff is ignorant of the true names and capacities of the Defendants sued herein as DOES 1

through 10 inclusive, and therefore sues these Defendants by such fictitious names. Plaintiff will amend this

Complaint to insert the true names and capacities of said Defendants when they are ascertained. Plaintiff is

LRLO 801756-001 619-275-4010 10/30/2012

informed and believes and thereon alleges that each of such fictitiously named Defendants are indebted to Plaintiff as herein alleged, and that Plaintiff’s rights against such fictitiously named Defendants arise from such indebtedness.

JURISDICTION

4. This is the proper venue because at least one Defendant resides in this court’s jurisdiction and/or one Defendant resided in this court’s jurisdiction at the time the contract was entered into.

5. The causes of action hereinafter stated is a money demand.

FACTUAL ALLEGATIONS COMMON TO ALL CAUSES OF ACTION

6. Defendant(s) are overindebted to Plaintiff for credit received through purchases/cash advances and/or monies loaned and received and furnished to the Defendant(s) by the original creditor, HSBC BANK NEVADA, N.A,, and all related finance charges and/or late fees incurred pursuant to the terms and conditions of the contract(s). For valuable consideration, the original creditor and/or its successor-in-interest sold, assigned and/or transferred the claims underlying the causes of action set forth in this Complaint to the Plaintiff, who is the assignee and/or sole owner of such claims with all legal rights to pursue collection of said debt(s) from the Defendant(s), and all legal right to release or satisfy said debts(s). This credit is identified by the Plaintiff as an account having the last four digits XXXXXXXXXXXX6032 (the “Account(s)”).

7. Defendant(s) agreed to pay these monies to the Original Creditor as provided for in the agreement between Defendant(s) and Original Creditor. The terms and conditions under which Defendant(s) agreed to repay these monies are set forth in a written credit card and/or loan agreement. Defendant(s) consented to these terms either by an authorizing signature on the application and/or agreement or by Defendant(s) use of the credit instrument and/or monies provided.

8. I/

9. Plaintiff and Plaintiff’s assignors and/or predecessors have duly performed all conditions on its/their part, except the conditions and covenants it was/they were excused or prevented from performing. Despite Plaintiff’s demand, Defendant(s) have not repaid Plaintiff for the charges made and/or the monies loaned, in the amount(s) of $1,606.80.

10. Billing statements were mailed to the Defendant(s). Plaintiff is unaware of any unresolved

LRLO 801756-001 619-275-4010 10/30/2012

dispute concerning a billing error.

11. Within the past four (4) years, on or about August 31, 2009, the Defendant(s) breached the agreement by failing to pay the Original Creditor

12. Plaintiff has made a demand for payment of monies owed, but Defendant(s) has either failed, refused or fieglected to pay Plaintiff as agreed. Defendant(s) are, therefore, in default under the terms of the party’s agreement.

13. No part of the above balance owed has been paid to date and said balance is now due and owing from Defendant(s).

FIRST CAUSE OF ACTION

(Breach of Written Contract) (As Against All Defendants)

14. Plaintiff sets forth by reference as though fhlly set forth below each and every allegation of paragraph 1-13 of this Complaint.

15. The Original Creditor and Defendant(s) entered into a written contract(s) wherein at the request of Defendant(s), the Original Creditor extended credit and/or provided financing to the Defendant(s). In return, Defendant(s) agreed to make payment(s) in accordance with the terms and conditions of the contract. p=

16. The Onginal Creditor sent to Defendant(s) bills reflecting, inter alia, all charges incurred with the Account(s), the payment due, and the total balance due. Where the debt at issue herein was a credit card

each statement informed Defendant(s) of the duty to submit any disputes of the charges set forth in such

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statement, in writing, within sixty days from the date of the statement.

17. Between the date of the aforementioned contract(s) to the present, Defendant(s) breached said contract(s), by ceasing or failing to make the payment due on the Account(s).

18. No part of the principal sum of $1,606.80 has been paid to date and said. owing by Defendant(s) to the Plaintiff.

19. As a direct and proximate result of Defendant(s)’ breach of said written contract, Plaintiff has been damaged in the above stated sum.

SECOND CAUSE OF ACTION

(Account Stated)

LRLO 801756-001 619-275-4010 10/30/2012

(As Against All Defendants)

20. Plaintiff sets forth by reference as though fully set forth below each and every allegation of paragraph 1 through 19 of this Complaint.

21. The Account(s) was stated in writing by and between the Original Creditor and Defendant(s) and on such statements a balance(s) of $1,606.80 was ultimately stated as due and owing. However, Defendant(s) has not paid the amount owing as agreed.

22. There is now due, owing, and unpaid from Defendant(s) to Plaintiff the above stated balance owed for purchases, cash advances and/or monies loaned, and finances charges and/or late fees incurred pursuant to the terms and conditions of the contract(s).

23. Plaintiff alleges that there is an Account stated by operation of law whe;rein the Original Creditor billed Defendant(s) for the credit balance and, upon information and belief, Defendant(s) received and held the billing statement(s) for an unreasonable time with no known protest or known notice of defects to the Original Creditor as to the charges and amounts due.

24, No part of the above balance owed has been paid and said amount is now due and owing from Defendant(s) to Plaintiff.

WHEREFORE, Plaintiff, PORTFOLIO RECOVERY ASSOCIATES, LLC prays for judgment against ;

Defendant(s), and each of them, as follows: $ 1. For the balance owed in the amount of $1,606.80; : 2. I & 3. /; 4 For costs of suit incurred herein; and 5 For such other and further relief as the court may deem proper.

Dated: October 30, 2012 2

I/ ] Andrew Rundquist, Esq. [ ]Judson H. Price, Esq.

[ ]Deanna Fraser, Esq. Attorney for Plaintiff