small claims case against yetter woman dismissed

8/13/2019 Small Claims Case Against Yetter Woman Dismissed

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IN THE IOWA DISTRICT COURT FOR SAC COUNTY

PLAINTIFFMidland Funding LLC33-0337177DEFENDANT S)Heather Reiling110 Westview AveYetter, Iowa 51433

TO DEFENDANT S):

vs.

ORIGINAL NOTICE AND PETITIONFOR A MONEY JUDGMENT

SMALL CLAIM NO.

If you need assistance to participate in Court due to adisability, call the disability coordinator at 515-286-3394.Persons who are hearing or speech impaired may callRelay Iowa TTY (1-800-735-2942). Disabilitycoordinators cannot provide legal advice.

1. YOU ARE NOTIFIED that Plaintiff demands from you the Defendant the amount of $3,145.28plus court costs based on a delinquent balance on account as stated, plus interest and costs.Defendant(s) have defaulted in the terms of the Account as shown by the Notice to Cure attachedhereto and incorporated herein by this reference. NOTE: This legal proceeding is an attempt tocollect a debt and any information obtained wil l be used for that purpose.2. JUDGMENT MAY BE ENTERED AGAINST YOU unless you file an Appearance and Answer within20 days of the service of the Original Notice upon you. Judgment may include the amountrequested plus in terest and court costs.3. YOU MUST ELECTRONICALLY FILE an Appearance and Answer using the Iowa Judicial BranchElectronic 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. f your Appearance and Answer is filed within 20 Days and you deny the claim, you will receiveelectronic notification through EDMS of the place and time of the hearing on this matter.5. f you electronically file an Appearance and Answer, EDMS will serve a copy of the form onPlaintiff(s), unless Plaintiff(s) is (are) exempt from electronic filing, or on the attorney forPlaintiff(s). The Notice of Electronic Filing will indicate if you must mail a copy of your Appearanceand Answer to Plaintiff(s).6. You must also notify the Clerk's Office of any address change.WETSCH ABBOTI S ~ l l~ \ J ~EVIN ABBOTT AT0000391

ATTORNEYS FOR PLAINTIFF

974 - 73rd Street, Suite 20Des Moines, IA 50324Telephone (515) 223-1336Facsimile (515) [email protected]

E-FILED 2013 DEC 15 2:12 PM SAC - CLERK OF DISTRICT COURT


3/9

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

PLAINTIFFMidland Funding LLC

vsDEFENDANT( )Heather Reiling

VERIFICATION OF ACCOUNTIDENTIFICATION OF JUDGMENT

DEBTOR ND CERTIFICATER MILITARY SERVICE

SMALL CLAIM NO.

For Defendant: Heather Reiling1. I, KEVIN ABBOTT, being first duly sworn on oath, depose and state that I am the attorney forMidland Funding LLC, the Plaintiff whose claim(s) is (are) shown in the attached statement(s). Ihave personal knowledge that the attached statement(s) is (are) a true copy of the originalcreditor's records showing the balance due is true and correct. I further state that the sum of$3,145.28 is the balance due and owing from Defendant(s) to Plaintiff(s), and any interest amountowing is accurately stated in the Petition or Original Notice.2. I further state that the Defendant, Heather Reiling, resides at 110 Westview Ave, Yetter, Iowa51433, is employed at unkown, and Defendant's occupation is unknown.3. I further state that Defendant, , resides at , , , is employed at unknown, and Defendant'soccupation is unknown.4. I also state Defendant(s) is (are) not in the ilitary Forces of the United States Government.I, or a fellow employee, veri fied this fact by (check one):

o Checking the Defense anpower Data Center (DMDC),http:www.virec.research.va.gov/Non-VADataSources/DMDC,htm.

8 I have investigated, and I am unable to determine whether or not Defendant(s) isin the military service of the United State Government.o Regularly seeing Defendant(s) and believing Defendant(s) is (are) are not active inthe U.S. Military.

5. I also state to the best of my knowledge Defendant(s) is (are) not under any legal disability orconfined in any reformatory, jail, or penitentiary. I certify under penalty or perjury and pursuantto the laws of the State of Iowa that these facts are true and correct.

~ C ~ ~ B O T T & O S B ~ ~ ABy: \l/\F) ::\JKEVIN ABBOTT AT0000391

974 - 73rd Street, Suite 20Des Moines, IA 50324Telephone (515) [email protected]



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WETSCH ABBOTT OSBORN P.L.C.DAVID L. WETSCHKEVIN V. ABBOTTBRETT T. OSBORNTIMOTHY J. VAN VLIET

Heather Reiling110 Westview AveYetter, Iowa 51433

RE: CREDITOR:

ATTORNEYS AT LAW974- 73RD STREET, SUITE 20

DES MOINES, IOWA 50324-1032

Midland Funding LLCRegarding: Chase Bank USA, N .A.Account Balance: $3,145.28Account Number: 8540576027

To Whom t May Concern:

July31,2013

(515) 223-133FAX (515) 223-601

You are now in default of this credit transaction. You have a right to cure this default untilSeptember 1 2013. fyou do so, you may continue with the contract as though you did not default.Your default consists of the failure to pay $1,258.00 due October 30, 2009.CORRECTION OF THE DEFA ULT: Before September 1 2013, you may cure the defaultbyforwarding the sum of l ,258.00 to Midland Funding LLC at the address noted above. fyou do notcorrect the defaultby the date stated above, Midland Funding LLC may exercise its rights against youunder the law. f you default again in the next year, Midland Funding LLC may exercise its rights

without sending you another notice like this one. fyou have any questions, write or telephone theundersigned at the address or telephone number listed above.You presently owe Midland Funding LLC the sum of 3,145.28. Unless you notify us within30 days after receipt of his letter that the validity of his debt, or any portion of t is disputed, we willassume that the debt is valid. fyou notify us ofa dispute, we will obtain verification of he debt andmail it to you. Upon your request within the 30 day period, we will provide you with the name andaddress of the original creditor if different than the current creditor. This communication is from adebt collector and is an attempt to collect a debt. Any information obtained will be used for thatpurpose.

W&A/sw13-05041-0

WETSCH, ABBOTT & OSBORN, PLCBy:

KEVIN ABBOTT

P.S. f you want to set up a payment plan on this debt, please call or write



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State ofIOWAMIDLAND FUNDING LLC, AFFIDAVIT OF ACCOUNTPlaintiff-vs-

Reiling, Heather, Court File No.Defendant(s).

Bonnie Gohman, whose business address is 16 Mcleland Road Suite 101, St. Cloud,MN 56303, certifies and says:1. I am employed as a Legal Specialist and have access to pertinent account recordsfor Midland Credit Management, Inc. ( MCM ), servicer of this account on behalf ofplaintiff. I am a competent person over eighteen years of age, and make the statements hereinbased upon personal knowledge of those account records maintained on plaintiff's behalf.Plaintiff is the current owner of, and/or successor to, the obligation sued upon, and wasassigned all the rights, title and interest to defendant's CHASE BANK USA, N.A. account4266841046704142 (MCM Number 8540576027) (hereinafter the account ). I have accessto and have reviewed the records pertaining to the account and am authorized to make thisaffidavit on plaintiff's behalf.2. I am familiar with and trained on the manner and method by which MCM creates andmaintains its business records pertaining to this account. The records are kept in the regularcourse ofbusiness. t was in the regular course ofbusiness for a person with knowledgeof the act or event recorded to make the record or data compilation, or for a person withknowledge to transmit information thereof to be included in such record. n the regular courseofbusiness, the record or compilation is made at or near the time of the act or event. Therelevant financial information concerning the account includes the following:3. MCM's records show that the defendant(s) owed a balance of $3145.28 as of2013-07-29.

AFFIDAVIT OF ACCOUNT - 1~ lll lllllllll8540576027 AFFINDEBT 13 05041 0



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4. It is in the ordinary course o business for plaintiff or its agents to send a validationletter to defendant(s) in accordance with the Fair Debt Collection Practices Act (15 USC

1692g) setting forth the amount o the debt, identifying plaintiff as the creditor to whomthe debt is owed, and notifying defendant(s) that, in accordance with the FDCPA, unlessdefendant( s) disputes the validity o the debt, or any portion o it, the debt will be assumedvalid.5. MCM s records state that MCM sent a validation letter to defendant(s) on behalf oplaintiff, and that defendant(s) have not contacted MCM to dispute or object to the amountsstated in such correspondence as due and owing.6. MCM s records state that this action is based upon a revolving credit agreement enteredinto between defendant(s) and the original credit grantor. MCM s records further state thatdefendant(s) used or authorized the use o the credit card account but failed to make thepayments due pursuant to the agreement.7. MCM s business records do not state that the defendant is an infant or an incompetentperson.8. f called to testify as a witness thereon, I could and would competently testify as to allthe facts stated herein.

LEFT BL NK INTENTION LLY

AFFIDAVIT OF ACCOUNT - 21111111111111 111111111111 111 1111111118540576027 AFFINDEBT 13 05041 0



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I certify under penalty o perjury that the foregoing statements are true and correct.

JUL 312013Date

ST TE OF MINNESOTACOUNTY OF STEARNS

Bonnie Gohman

Signed and sworn to or affirmed) before me on JUL 312013 by Bonnie Gohman.

IA064

J E S S \ ~ OGTNotaf I Public-Minnesotay CommissionExllfeS 1 1 \1

Wetsch, Abbott Osborn, P.L.C.

AFFIDAVIT OF ACCOUNT - 3

8540576027l l l l l l l ~ l l l l ~ ~ l l l l l l lAFFINDEBT lll lllllllll13-05041-0



8/9

IN THE IOWA DISTRICT COURT FOR ~ C COUNTY

PLAINTIFF(S)Midland Funding LLC

DEFENDANT(S)Heather Reiling110 Westview AveYetter, Iowa 51433

DISMISS Lvs.CASE NO. SCSC 015381

By this filing, I (we) dismiss my (our) claim(s) (check ONLY ONE of the following :D ith Prejudice I (we) cannot refile the claim(s).X Without Prejudice I (we) may refile the claim(s).

WETSCH A B B O ~ T - & 01BORN, P.L.C.~ ~ O v w \ \ MKEVIN ABBOTT AT0000391ATTORNEYS FOR PLAINTIFF

13-05041-0

974 - 73rd Street, Suite 20Des Moines, IA 50324Telephone (515) 223-1336Facsimile (515) [email protected]

E-FILED 2014 JAN 06 1:00 PM SAC - CLERK OF DISTRICT COURT


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E-FILED 2014 JAN 14 1:20 PM SAC - CLERK OF DISTRICT COURT

small claims case against yetter woman dismissed

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