CROWN ASSET MANAGEMENT, LLC v. DENNIS SCHUEMANN, 2023-CC-001790, 4 (Fla. Duval Cty. Ct. Feb. 2, 2023) (2024)

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`10.
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`(s)
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`$9,462.67
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` Yacenda Hudson, Esq., Fla. Bar 714631
` Moura Sheron, Esq., Fla. Bar 025992
` Vanessa Lambert, Esq., Fla. Bar 693081
`
`
`THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT.
`ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
`
`
`
`FL_S_S_COM-RTL
`
`

`

`EXHIBITS
`
`
`
`
`Matter #: 483354
`
`
`

`

`EXHIBIT A
`
`BILL OF SALE
`
`Comenity Capital Bank (“Seller”), for value received and pursuantto the terms and conditions of
`Credit Card Account Purchase Agreement dated May |, 2018 between Seller and Crown Asset
`Management, LLC (“Purchaser”),
`its successors and assigns (“Credit Card Account Purchase
`Agreement”),
`hereby
`assigns
`effective on or about
`the
`File
`Creation.
`Date
`of
`April 15,2022
`all
`rights,
`title in
`and
`interest of Seller
`
`
`
`
`
`
`
`and or.evidencesto those certain. receivables, judgments of debt
`
`described in Schedule
`|!
`(the
`“Asset Schedule”)
`attached
`hereto
`and made
`part
`hereof..for_.all_purposes.—
`
`Amounts due to Seller by Purchaser in hereundershall be paid U.S. Dollars by a wire transfer to
`
`
`
`
`
`
`
`
`be Date”)—April 27, 2022received by Seller on (the “Closing by
`5:00 p.m. Seller’s time, as follows:
`,
`
`Redacted by Crown Asset Management, LLC
`
`COMENITY CAPITAL BANK
`
`Redacted by Crown Asset Management, LLC
`
`This Bill of Sale is executed without recourse except as stated in the Credit Card Account
`Purchase Agreement to which this is an Exhibit. No other representation of or warranty oftitle or
`enforceability is expressed or implied.
`
`Comenity Capital Bank
`
`Crown Asset Management, LLC
`
`
`
`
`5J23/2-3- ae
`
`Date.
`
`Title: Chief Credit Officer
`
`

`

`SCHEDULE 1 TO BILL OF SALE
`
`ASSET SCHEDULE
`
`it of Charged-off
`Accounts
`
`to the Credit Card Account
`transferred pursuant
`The individual Charged-off Accounts
`Purchase Agreement
`and Bill of Sale
`are described in the
`electronic files named
`CAM_CD_APRIL_2022_LC8_CCB.TXT;CAM_CD_APRIL,2022_DPL_CCB.TXTdelivered
`
`
`
`by Comenity~Capital ~ Bank—fo Asset Management LLC—onCrown
`
`April 18, 2022, andsummarizedin the table immediately below (the “Sale
`File”),
`
`
`
`
`
`
`
`Aggregate Unpald Balance
`File Creation Date
`
`meaner
`Hiatt
`
`
`
`
`ttreetnaMAAR
`
`4/18/2022
`philriers)srerseremarrrenynentneconenonontete
`
`

`

` Account no.
`
`PAGE 1 OF 4
`
`
`New balance
`Minimum payment due
`Payment due date
`
`$9,462.67
`$2,105.00
`04/13/2022
`
`$9,224.71
`Previous balance
`.
`0.00
`Payments
`Late payment warning:
`0.00
`Other credits
`HE we do not receive your minimum payment by 04/13/2022 you may
`0.00
`Purchases
`have to pay up to a $40.00late fee.
`0.00
`Other debits
`Cash advance
`0.00
`Minimum payment warning: If you make only the minimum
`Balance transfer
`9.00
`payment for each period, you will pay more in interest and it will take
`
`Itesoctcharged
`4 oo38
`you longer to pay off your balances. For example:
`New balance
`$9,462.67
`if you make no additional
`You will pay off
`And you will
`charges using this card the balance shown|end up paying an
`
`Past due amount
`1,814.00
`and each month you pay:
`on the statement
`estimated total
`Credit limit
`$9,000.00
`in about:
`of:
`Available credit
`$0.00
`22 years
`$27568
`Cash credit limit
`$0.00
`Available cash
`$0.00
`Statement closing date
`03/18/2022
`Daysin billing cycle
`31
`
`Skip signing in to pay and use Comenity's EasyPay. it’s safe and convenient. Use your smartphone camera or code
`reader to scan the QR code printed on your payment stub below to get started.
`
`
`
`
`
`Only the minimum payment
`°
`:
`i,
`;
`"
`i"
`For information regarding credit counseling services,
`call 1-800-284-1706.
`
`
` 03/13/2022
`
`LATE FEE
`Total fees charged for this period
`
`40.00
`$40.00
`
`Interest charged
`$197.96
`interest charge on purchases
`$0.00
`interest charge on cash advance
`$0.00
`interest charge on balance transfer
`
`Total interest for this period $197.96
`2022 totals year to date
`$120.00
`Total fees charged in 2022
`
`Total interest charged in 2022 $560.83
`
`
`
`
`
`Sue eae.
`a _ mes
`:
`Your Annual Percentage Rate (APR) is the annual interest rate on your account. See BALANCE COMPUTATION METHOD
`on page 2 for more details. Minimum interest charge may exceed interest charge below, per your credit card agreement.
`TYPE OF
`BALANCE SUBJECT
`INTEREST
`BALANCE
`APR
`TO INTEREST RATE
`CHARGE
`Purchases
`24.9900%(v)
`9,327.82
`197.96
`Cash advances
`26.9900% (©)
`0.00
`0.00
`
`
`Yes, | have moved or updated my
`e-mail address - see reverse.
`
`NOTICE: See reverse side for important information.
`Please tear at perforation above
`Account
`
`number Er
`New balance
`Minimum payment
`
`$9,462.67
`$2,105.00
`99 4
`ch
`t
`Mailed
`t:
`by &
`ET
`enclosed:
`Amount
`cno4a/taleon... MUSE TEA
`us
`by
`Spm
`
`Please make check payable to:
`COMENITY - My BJ's Perks Mastercard
`
`$
`
`[|
`
`DENNIS SCHUEMANN
`C/O START NEW 10023 BELLE RIVE
`C/O START NEW FINANCIAL LLC
`JACKSONVILLE FL 32256-9576
`
`Please return this partion along with your payment to:
`PO BOX 650113
`DALLAS TX 75265-0113
`
`TE pe Epp peepee pr dee ep pt
`
`
`
`

`

`What To Do If You Think You Find A Mistake On Your Statement
`if you think there is an error on your staternent, write to us at: Comenity
`Capital Bank PO Box 182620, Columbus, Ohio 43218-2620.
`In your letter, give us the following information:
`© Account information: Your name and account number.
`© Dollar amount: The dallar amount of the suspected error.
`* Description of Problern: tf you think there is an errer on your bill,
`
`describe what you believe is wrong and why you believe it is a mistake.
`You must contact us within 6O days after the error appeared on your
`statement.
`You must notify us of any potential errors fr? writiig. You may call us, but if
`
`you do we are not required to investigate any potential errors and you may
`have to pay the arnount in questior.
`While we investigate whether or not there has been an error, the following
`are true:We cannottry 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 amaunt 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 di
`tisfied 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 is necessary if your purcha
` ny
`based on an advertisem*nt we mailed to you, or if we ownthe cornge
`
`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
`ecard account da 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: Comenity Capital Bank PO Box 182620,
`Columbus, Ohio 43218-2620.
`
`White 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.
`PAYING INTEREST. Your due date is at least 25 days after the close of each
`billing cycle. We will not charge you interest on purchases if you pay your
`entire balance by the due date each month. We will begin charging interest
`on balance transfers and cash advances on the transaction date. We will
`begin to charge interest on new purchases made under a Low APR, Equal
`Payment or Budget Payment Credit Plan fram the date of purchase.
`BALANCE COMPUTATION METHOD. We calculate interest separately for
`each type of balance on your account using a “Daily Balance" to determine
`interest charges for each billing period. We figure the interest charge on
`
`
`your account by applying the period
`rate to the "daily balance" of your
`
`
`account for each day in the billing
`le. To get the “daily balance” we take
`the beginning balance of your account each day, add any new purchases,
`advances, fees and balance transfers, and subtract any payments or credits
`Creating any net credit balance as a zero balance). This gives us the daily
`
`balance
`
` NOTICE OF CREDIT REPORT DISPUTES If you believe the account
`
`
`information we reported to a consumer reporting agency is inaccurate, you
`may submit a direct dispute to Comenity Capital Bank PO Box 182120,
`Calumbus, Ohio 43218-2120, Your written dispute must provide sufficient
`information to identify the account and specify why the information is
`inaccurate:
`* Account Information: Your name and account number
`* Contact Information: Your address and telephone number
`
`* Disputed Information: identify the account inforrmation disputed and
`
`explain why you believe
`it is inaccurate
`* Supporting Documentation: if available, provide a copy of the section of
`the credit report showing the account information you are disputing
`Wewill investigate the disputed information and report the results to you
`within 30 days of receipt of the information needed for our investigation. If
`we find that the account information we reported is inaccurate, we will
`promptly provide the necessary correction to each consumer reporting
`agency to which we reported the information.
`PAYMENTS MARKED "PAID IN FULL". All written communications
`regarding disputed amounts that include any check or other payment
`instrument marked “payment in full" or similar language, must be sent to:
`BOO0OKellway Drive, Suite 120 Carrollton, TX 75006.
`DO NOT USE THE ENCLOSED REMITTANCE ENVELOPE.
`» We may accept payrnent sent to any other address without losing any of
`our rights.
`- No payment shall operate as an accord and satisfaction without prior
`written approval.
`CUSTOMER SERVICE. Visit comenity-net/bjs or call 1-855-269-1622 (My
`BJ's Perks Mastercard) or 1-844-271-2535 (My BJ’s Perks World
`Mastercard) (TOD/TTY 1-888-819-1918).
`TELEPHONE MONITORING. To provide you with high-quality service, phone
`communication with us is monitored and/or recorded.
`
`ADDITIONAL INFORMATION. The following designations, when appearing
`
`
`or the front of your statement, mean the following: V means variable rate
`(this rate may vary); WV ENT PAY RQ means WAIVE INTEREST, PAYMENT
`REQUIRED; WV INT EQ PY means WAIVE INTEREST, EQUAL PAYMENT; WV
`INT LOW PMT means WAIVE INTEREST, LOW PAYMENT; DF INT PY RQ
`
`
`
`means DEFER INTEREST, PAYMENT REQUIRED; DEF INT EQ PY means
`DEFER INTEREST, EQUAL PAYMENT; DF INT LOW PMT means DEFER
`INTEREST, LOW PAYMENT and LOW APR EQ PAY means LOW APR, EQUAL
`PAYMENT. If you have a variable rate account, your periodic rates may vary.
`
`You may pay all of your Account balance at any time without penalty.
`Send all inquiries to: CUSTOMER SERVICE, PO Box 183003, Columbus,
`Ohio 43218-3003.
`Send all bankruptcy notices and related correspondence to Comenity
`Capital Bank, Bankruptcy Department, PO Box 183043, Columbus, Ohio
`43218-3043.
`NOTICE ABOUT ELECTRONIC CHECK CONVERSION. Whenyou provide a
`check as payment, you authorize us either to use information from your
`eheck to make a one-time electronic fund transfer from your account or to
`
`
`process the payment as a check
`transaction. When we use information from
`your check to make an electronic fund transfer, funds may be withdrawn
`from your account as soon as the same day we receive your payment, and
`you will not receive your check back from your financial institution.
`
` Keep this portion for your records.
`
`PAYMENTS. Pay your Account by the payment due date by the time listed below.
`If we do not receive your payment in a correct format (outlined below) it
`
`may not be credited to your Account for up to five days, or may be rejected.
`Also, your payment must reach us by the payment cutoff time that applies to
`
`the payment method you s
`lect. This card is issued by Comenity Capital Bank pursuant to a ficense from Mastercard International Incorporated. Mastercard
`is a registered trademark of Mastercard International Incorporated.
`Correct Format. Carrect format for different payment methods include:
`Mailing or Overnight: Send a personal check, money order, traveler’s check or cashier's check payable in U.S. dollars, to the name and address shown on
`this Staternent in the payrnert stub area containing your balance and minimum payment amount. Be sure to include your payrnent stub, do not staple or
`clip your payment to the stub, include your account number on your check, use the envelope provided with your Statement, send one payment with one
`payment stub and do not send any correspondence with your payment. You should overnight a payment to 3000 Kellway Drive, Suite 120 Carrollton, TX
`
`75006 and the aciditional
`format requirements are the sarne as other mailed payments unless there is a dispute, in which c
`e you follow the Payments
`Marked "Paid in Full" section above. Do not send cashor gift certificates. Pay By Phone: You can call us toll free at 1-855-269-1622 (My B's Perks
`, Which may include a fee.
`Mastercard) or 1-844-271-2535 (My BJ’s Perks World Mastercard) (TDD/TTY: 1-888-819-1918) to make a payment by telephone
`Online: You Gan make a payment online at camenity.net/bjs.
`Payment Cutoff Times. Payment cutoff times/deadlines for us to receive payments are by the due date on this Staternent in the payment stub area at the
`Following times: Mailing and Overnight: By 6:00 pm astern Time (E17); Pay By Phone: By 5:00 pm (ET); Qniine: By 5:00 pm (ET).
`
`New Information
`
`First Name
`Tithe Captional)
`
`Last Name
`Soc. Sec. No.
`
`
`Street Address
`PO Box
`
`_ RR
`
`Apt. No.
`State
`Zip Code
`Foreign Map Code
`Work Phone
`Home Phone
`
`
`Email Address _
`
`
`
`
`
`

`

`PAGE 3 OF 4
`
`Additional important messages |
`Protecting your account from online fraud
`If you’re shopping online and are asked to verify your purchase by confirming the last four digits of your
`mobile phone number, this is a security step we've put in place on your behalf - it is safe to provide this
`information. Once you confirm it, we will use the mobile phone number on file with your My BJ's Perks
`Mastercard credit card account to send you a verification code via text message.
`
`_.
`
`:
`
`‘
`
`IMMEDIATE ATTENTION REQUIRED! Your Account is extremely past due and will be written off asa
`bad debt at the end of this month. To avoid this, you can pay the Minimum amount shown on this
`statement before the end of this month. If you are not able to pay the Minimum Payment amount, we will
`still be able to assist you and prevent your account from being written off. Call us at 1-855-617-8089
`(TDD/TTY 1-888-819-1918) and we will find a suitable payment before the end of this month. If written off,
`the bad debt will be reported to the three major credit bureaus and our Recovery team will determine the
`appropriate steps, as permitted and available under applicable law, to protect our interests.
`
`As a result of your delinquent payment status, your account has been ternporarily suspended. Your
`account will be evaluated for reinstatement as you continue to make consistent, on-time payments.
`IMPORTANT INFORMATION ABOUT LATE FEE CREDITS
`We may occasionally provide a credit for the amount, part or all, of a late fee charged to your account. If
`we do, we will charge a fee of up to $40.00 for any subsequent late payment. In addition, we may reverse
`the credit and repost the charge to your accountif you fail to make the minimum payment due on or
`before the due date in the nextbilling period.
`
`Consumers are entitled to one free credit report per year. To request yours call 1-877-322-8228 or visit
`annualcreditreport.com
`
`

`

`
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`PAGE 4 OF 4
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`

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`3100 Breckinridge Blvd Suite. 725
`
`Duluth GA 30096-7605
`
`;
`
`Dennis Schuemann
`clo START NEW FINANCIAL LLC
`5366 Plainfield Ave Ne Ste B
`Grand Rapids MI 49525
`
`Dennis Schuemann
`1495P001161748
`_Account NumberEnding:
`_ Original Creditor:
`Comenity Capital Bank
`‘Account Type: MyBJ'sPerksMasterCard
`
`NOTICE OF SALE AND ASSIGNMENT
`
`Pursuantto Florida Statute §559.715, you are hereby notified that Crown Asset Management, LLC purchased
`your account (Account number endingMM) that originated with Comenity Capital Bank.
`
`Sincerely,
`
`Crown Asset Management, LLC
`
`This is not an attempt to collect a debt. This is a Notice of Assignment in accordance with Florida statute §559.715.
`
`

`

`IN THE COUNTY/CIRCUIT COURT OF
`THE FOURTH JUDICIAL CIRCUIT, IN
`AND FOR Duval COUNTY, FLORIDA
`Case No.:
`
`
`
`Crown Asset Management, LLC
`Plaintiff(s)
`
`
`
`Dennis Schuemann
`vs. Defendant(s).
`
`
`
`
`
`
`/
`
`
`CASE MANAGEMENT PLAN
`(Streamlined Track1)
`
`The parties submit the following Case Management Plan to the Court for approval in all cases filed
`before April 30, 2021. Note: All dates are to be calculated from the date of the Order Approving
`Case Management Plan, unless otherwise noted.
`
`
`
`
`
`DEADLINE OR EVENT
`Deadline for Service of Process:
`Deadline for Service of Process extended
`if not accomplished within 120 days:
`
`AGREED DATE
`
`120 days
`150 days or all unserved defendants are
`dismissed without prejudice
`
`Deadline for Leave to Add Parties and
`Amend Pleadings:
`
`Motions to Dismiss, Motions for More
`Definite Statement, Motions to Strike and
`any objections to the pleadings:
`
`Motions must be set for hearing and heard
`within ____ days from the earlier of the date
`of the order approving this Case Management
`Plan or service on the last defendant, or the
`Motions are deemed abandoned and denied.
`
`Motions must be set for hearing and heard
`within _____ days from the filing of the
`motion/objection or, if previously filed,
`within ______ days from the date of the
`order approving this Case Management
`Plan, or are deemed abandoned and
`denied. Non-movant shall timely submit a
`proposed order if the motion/objection is
`deemed abandoned and denied.
`
`This Case Management Plan applies to all cases not designated as complex or general under
`Fourth Circuit Administrative Order No. 2021-21 to be resolved within 12 months per Florida
`Rule of General Practice and Judicial Administration 2.250.
`
`

`

`Deadline for Completion of Fact and
`Expert Discovery:
`
`Pre-trial Motions, including Dispositive
`and Daubert Motions
`
`Mediation/Alternative Dispute
`Resolution
`
`Must be completed _____ days from the
`date of approval of this Case Management
`Plan. Additional disclosure and discovery
`deadlines will be established by the Uniform
`Order Setting Pre-Trial and Trial in the case
`
`Must be filed no later than ____ days after
`completing discovery and heard no later than
`seven (7) days prior to the pre-trial
`conference, or are deemed abandoned and
`denied.
`Within thirty (30) days from the date of
`approval of this Case Management Plan, or
`after the depositions of all parties are
`complete, whichever is later, counsel shall
`meet and confer regarding whether an early
`mediation would be productive to resolve
`certain issues or the entire case. A final
`mediation shall occur no later than thirty
`(30) days after all discovery is completed.
`
`Approximate Pre-Trial Conference:
`Actual Date to be set by trial order
`Approximate Trial Date: Actual Date to
`be set by trial order
`
`Approximately 3-4 weeks prior to the trial
`date
`12 months from the date of the order
`approving this Case Management Plan
`
`
`
`Signature of Counsel and Unrepresented Parties. Counsel must state FL Bar
`number. Unrepresented parties must include email address for service.
`
`
`
`
`
`
`
`
`
`
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`
`
`FL_L_CMC_P_4_CTY
`
`