Professional Documents
Culture Documents
SCCV029317 BUAKHAI
Binder Information
E-FILED
E-FILED
Dated: October 14, 2014
LISA M RODER
Clerk of Court/Designee
BUENA VISTA County
2 of 2
/s/
LISA M RODER
Clerk of Court/Designee
BUENA VISTA County
v.
DONAVIN BUAKHAI
Defendant(s).
NOW on this, the ______ day of _______________________, 20____, the Court having
considered Plaintiffs Motion for Change of Venue and being fully advised in these premises
finds that Plaintiffs Motion for Change of Venue should be granted. The plaintiff further
authorizes the Clerk of Court to sign out on the docket for all costs advanced by the plaintiff
IT IS THEREFORE ORDERED, the above matter shall be transferred to the appropriate
Court for SAC County, Iowa.
___________________________________________
MAGISTRATE/JUDGE OF THE ABOVE COURT
Prepared and submitted by:
Pech, Hughes & McDonald, P.C.
652287
Case Number
SCCV029317
Case Title
MIDLAND FUNDING LLC VS BUAKHAI, DONAVIN
So Ordered
page 2 of 2
v.
DONAVIN BUAKHAI
Defendant(s).
COMES NOW the Plaintiff, by and through counsel, and in support of its Motion for
Change of Venue states:
1.
Plaintiff filed its Petition in the above matter in good faith on the belief that
Since then, Plaintiff has discovered that Defendant now resides at 101 E SOUTH
AVE, EARLY IA 50535., in SAC County.
3.
4.
The plaintiff further authorizes the Clerk of Court to sign out on the docket for all
costs advanced by the plaintiff.
WHEREFORE, Plaintiff requests the Court enter an Order transferring venue to the SAC
County Court.
October 9, 2014
OFN 652287
*652287*
CFN 8562929433
YFN ************4049
To Defendant(s):
1. You are notified that the plaintiff(s) demand(s) from the defendant the amount of $608.11, plus the following incidental
charges: Interest in the amount of $.00, future interest at the statutory rate and costs. Total amount requested $608.11.
This demand is based on: the Defendant(s) became indebted to CREDIT ONE BANK, N.A. through a series of transactions;
CREDIT ONE BANK, N.A. thereupon submitted to Defendant(s) monthly statements of result the final one showing a
balance in their favor of $608.11, which Defendant(s) accepted and in which Defendant(s) acquiesced; Defendant(s)
impliedly agreed to pay said sum by retaining said statement without objection and this assured that sais sum would be paid;
the statement represents a final adjustment of the respective demands of each upon the other as to the whole account and to
all items thereon; CREDIT ONE BANK, N.A. assigned all right, title and interest in said account to Plaintiff, Plaintiff is the
owner of the account.
2. Judgment may be entered against you unless you file an Appearance and Answer within 20 days of the service of the
Original Notice upon you. Judgment may include the amount requested plus interest and court costs.
3. You must electronically file the Appearance and Answer using the Iowa Judicial Branch Electronic Document
Management System (EDMS) at https://www.iowacourts.state.ia.us/EFile, unless you obtain from the court an exemption
from electronic filing requirements.
4. If your Appearance and Answer is filed within 20 days and you deny the claim, you will receive electronic notification
through EDMS of the place and time of the hearing on this matter.
5. If you electronically file, EDMS will serve a copy of the Appearance and Answer on Plaintiff(s) or on the attorney(s) for
Plaintiff(s). The Notice of Electronic Filing will indicate if Plaintiff(s) is (are) exempt from electronic filing, and if you
must mail a copy of your Appearance and Answer to Plaintiff(s).
6. You must also notify the clerk's office of any address change.
OFN 652287
*652287*
YFN ************4049
CFN 8562929433
Status
Service Component
NA
NA
No
NA
This response reflects the individuals' active duty status based on the Active Duty Status Date
Left Active Duty Within 367 Days of Active Duty Status Date
Active Duty Start Date
Status
Service Component
NA
NA
No
NA
This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date
The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date
Order Notification Start Date
Status
Service Component
NA
NA
No
NA
This response reflects whether the individual or his/her unit has received early notification to report for active duty
Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of
the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and
Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty.
CREDIT
ONE BANK
CREDIT
CARD
STATEMENT
Account Number
February 28, 2014 to February
049
OF ACCOU
NT ACTIVITY
PAYMENT
$608_11
Balance
Payments
$0.00
$0.00
Cash Ad va nces
$0_00
Fees Charged
Interest
$0.00
$0.00
Charged
New Balance
$0.00
Available Credft
$0.00
02/28/14
3D
For example:
QUESTIONS?
Please
1-877 -825-3242
1-702-405-2042
Card
Outside
Las Vegas,
and correspondence
$0,00
03/23114
$3DO_OO
Credit Limit
$0.00
$0,00
$0.00
$608_11
Other Credits
Purchases
tNFORMATtON
New Balance
If YOl}make no
additlenal charge-s
usmg this card end
each month you ?~.,.
1 months
to:
$BOB.OO
NV 89193-8873
If you woulc iika a .ocation forcredil
cail1-800-515-572C,
counseling services.
TRANSACTIONS
Reference Number
F572700EBOO999990
F572700EBOO999990
Trans Date
PostDate
02./28
02./28
02i28
02i28
Amount
OFF ACCOUNT-PRINCIPALS
OFF ACCOUNT ;'FINANCE
CHARGE
CHARGE
-294.74
-313_37
CHARGES;'
Fees
TOTAL
Interest
TOTAL
II\ITEREST
2014 Totals
Total fees charged
Total interest
Percentage
Rate (APR)
$70.00
$19,66
in 2014
is the annual
0.00
0.00
O.O{)
Year-to-Date
in 2014
charged
JNTEREST
Your Annual
O.O{)
Charged
02128
02128
02/28
02/28
FEES
CHARGE
interest
CALCULATION
Balance Subject to
Annual Perr.::entage Rate (APR)
23.90%(\;':~
Type of Balance
Purchases
Cash Advances
(v)
= Variable
Interest
23_9D%(v)
Interest
Rate
$0,00
$0_00
$0.00
Rate
Z X PA.GE '1 of t
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S727
PAY YOUR
Account
';ID20
BILL
M11!J
ONLINE
New Balance:
01Dl53&J
at CredUOneBank~com
Number:
Minimum
Charge
$0.00
$0,00
Payment
Due:
AMOUNT
ENCLOSED:
$0.00
03/23/14
~$
"I,IIIIIII.I'IIIIIIIIII"'IIIIIIII'lIlllllIluI1111I'IIIIII'I'
CREDIT
ONE BANK
DONAVIN
PO BOX 60500
crrv
OF INDUSTRY
BUAKHAI
309'N2ND
CA 91716-0500
STORM
ST
LAKE
IA 50588-1701
111'plll'IIIII'lllpll,lulllllllulllll,III.IIIIIII111I111II
049
EXEMPLAR
23.90%
$69
$29
$29
*The Annual Fee will be billed to the credit card account at $5.75 per month.
ENROLLMENT FEE AND ANNUAL FEE: A one-time-only Enrollment Fee of $69 will be
billed to your account when its opened. The Annual Membership Fee of $69 will be billed to
your account in monthly installments of $5.75 per month. These fees are not refundable unless
you cancel your account within 30 days of the date your account is opened and if you have not
used your account during this 30-day period.
AVAILABLE CREDIT INFORMATION: Your initial credit line can range from $200 to
$1,000. The above enrollment fee and first installment of the annual fee will be billed to your
account when it is opened and will reduce the amount of your initial available credit. If you
receive the minimum credit line of $200 your initial available credit will be $125.25.
AGREEMENT: In this Agreement the words I, me, and my mean the applicant. Bank means
Credit One Bank, N.A., located in Las Vegas, Nevada, its successors or assigns. I certify that I
am 18 years of age or older and that the information in this credit card application is true and
correct and is given in order to obtain credit. I authorize the Bank to check my credit report and
to verify and exchange credit information about me with third parties, including credit bureaus,
from time to time. I understand proof of income or other information may be requested from me
or others. I understand I must provide a valid Social Security number. I agree to provide
additional information as requested by the Bank from time to time. All information is subject to
verification. The Bank may retain such credit or other information whether or not I receive a
card. If this application is accepted and one or more credit cards are issued, I agree to pay all
charges incurred in accordance with the Disclosures and Terms and Conditions in this
Application, and the Cardholder Agreement, Disclosure Statement and Arbitration Agreement
(and any future amendments), which will be sent with my card. I understand the Bank maintains
the right to not open my VISA account if the information provided in this credit card application
is not complete, accurate or verifiable and/or if I have an open or unpaid account, or a pending
application, with the Bank. I understand that all of the Disclosures and Terms and Conditions in
this application are subject to change from time to time, at the sole discretion of the Bank, upon
notice to me as required by law.
IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW
ACCOUNT: Our bank complies with section 326 of the USA PATRIOT Act. This law
mandates that we verify certain information about you while processing your account application.
ARBITRATION AGREEMENT: You and we agree that either you or we may, without the
other's consent, require that any dispute between you and us be submitted to mandatory, binding
arbitration. A more detailed description of this arbitration agreement will be sent with your card.
TREATMENT OF CHECK PAYMENTS:When you send us a personal check, you authorize
us to process the check electronically. In addition, if a check we process in paper form is returned
to us by your bank unpaid, we may re-present the returned check electronically. We use
information from your check to electronically withdraw funds from your account. Funds may be
withdrawn as soon as the business day we receive your payment. Electronically processed checks
(and checks re-presented electronically) are not returned to you by your bank. However, Credit
One Bank retains an image of your electronically processed check in accordance with regulatory
record retention requirements. Credit One Bank will provide you with a copy of your
electronically processed check(s) upon request.
MINIMUM CREDIT LINE: $200
STATE NOTICES: Residents of New York, Vermont, and Maine - A credit report may be
obtained at any time for any legitimate purpose associated with the account including but not
limited to reviewing, modifying, renewing, and collecting on your account. Upon your request,
you will be informed whether or not a credit report was ordered, and if it was, you will be given
the name and address of the credit bureau that furnished the report. New York residents may
contact the New York State Banking Department to obtain a comparative listing of credit card
rates, fees and grace periods. New York State Banking Dept. 1-800-522-3330. Residents of
Ohio - Ohio laws against discrimination require that credit be equally available to all worthy
customers and that credit reporting agencies maintain separate credit histories on each individual
upon request. The Ohio Civil Rights Commission administers compliance with this law.
Residents of California - A married person may apply for a separate account. As required by
law, you are hereby notified that a negative credit record may be submitted to a credit reporting
agency if you fail to fulfill the terms of your credit obligations.
ELIGIBILITY EXCLUSIONS: Residents of Wisconsin, U.S. Territories and APO/FPO
addresses are not eligible for this program.
BENEFITS & INSURANCE: Your VISA card carries benefits provided by VISA. For details,
see the VISA Benefits Package provided with your card. Certain limitations may apply.
CREDIT PROTECTION PROGRAM DISCLOSURES:
Program Description: The Credit Protection Program is an OPTIONAL supplemental feature of
your Credit One Bank credit card account. The Program cancels the payment due for the current
month, which is the greater of 4% of the Account balance for the current month or $20, up to a
maximum of (6) monthly payments if the primary cardholder becomes involuntary unemployed
or disabled. In the event of the primary cardholder's death, the account may be eligible for
balance cancellation, up to a maximum of $10,000.
Optional Feature: Whether or not you purchase Credit Protection will not affect your
application for credit or the terms of any existing credit agreement you have with the Bank.
Cost: The monthly Program Charge for Credit Protection is based on your account balance each
month multiplied by the unit-cost, which is $0.96 (96 cents) per $100, or part thereof.
Account Use Restrictions: If Credit Protection benefits are activated, you will be unable to
make charges on the credit card or use the credit line while you are receiving benefits.
Your Right to Cancel: You have the right to cancel Credit Protection at any time, for any
reason.
Our Right to Cancel: The Bank has the right to cancel Credit Protection, without notice, at any
time and for any reason, including but not limited to the following circumstances: If your account
is 60 days past due, your account is over limit by 20% or more, you file for bankruptcy, we
determine or have a reasonable belief that you have committed fraud on the account, or you are
approved for participation in one of our debt management programs.
Eligibility Requirements, Conditions and Exclusions: There are eligibility requirements,
conditions, and exclusions that could prevent you from receiving benefits under Credit
Protection. You will find a complete explanation of the eligibility requirements, conditions and
exclusions in the paragraphs 1.3, 2, 2.1, 2.2, 3.1, 3.2, 3.3, 4.1, 4.2, 4.4, 4.5, 5.2, 6.1, 6.2 and 6.3
of the Credit Protection Program Agreement.
BRIEF SUMMARY OF ADDITIONAL IMPORTANT TERMS:
Finance Charges accrue on unpaid balances while receiving benefits.
There is a 30-day waiting period from time of enrollment in the Program to be eligible for
benefits, except for Death benefits.
You must be disabled or unemployed for 30 days to be eligible for these benefits. The complete
CREDIT PROTECTION PROGRAM AGREEMENT will be sent to you after your enrollment is
processed. Please read the Program Agreement carefully when you receive it.
To Defendant(s):
1. You are notified that the plaintiff(s) demand(s) from the defendant the amount of $608.11, plus costs. This demand is
based on: the Defendant(s) became indebted to CREDIT ONE BANK, N.A. through a series of transactions; CREDIT ONE
BANK, N.A. thereupon submitted to Defendant(s) monthly statements of result the final one showing a balance in their favor
of $608.11, which Defendant(s) accepted and in which Defendant(s) acquiesced; Defendant(s) impliedly agreed to pay said
sum by retaining said statement without objection and this assured that sais sum would be paid; the statement represents a
final adjustment of the respective demands of each upon the other as to the whole account and to all items thereon; CREDIT
ONE BANK, N.A. assigned all right, title and interest in said account to Plaintiff, Plaintiff is the owner of the account.
2. Judgment may be entered against you unless you file an Appearance and Answer within 20 days of the service of the
Original Notice upon you. Judgment may include the amount requested plus interest and court costs.
3. You must electronically file the Appearance and Answer using the Iowa Judicial Branch Electronic Document
Management System (EDMS) at https://www.iowacourts.state.ia.us/EFile, unless you obtain from the court an exemption from
electronic filing requirements.
4. If your Appearance and Answer is filed within 20 days and you deny the claim, you will receive electronic notification
through EDMS of the place and time of the hearing on this matter.
5. If you electronically file, EDMS will serve a copy of the Appearance and Answer on Plaintiff(s) or on the attorney(s) for
Plaintiff(s). The Notice of Electronic Filing will indicate if Plaintiff(s) is (are) exempt from electronic filing, and if you must
mail a copy of your Appearance and Answer to Plaintiff(s).
6. You must also notify the clerk's office of any address change.
OFN 652287
*652287*
YFN ************4049
CFN 8562929433
vs.
This small claim has not been determined within ninety days following the expiration of any period
of continuance or following the last entry placed on the record. It is dismissed at the plaintiff(s) cost
without prejudice pursuant to 631.8(1) Code of Iowa.
/s/
Brenda McClure
Clerk of Court/Designee
SAC County, Iowa
Copy to: