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  • JEFFERSON CAPITAL SYSTEMS LLC v. ANDERSON, KELLYS15 - Small Claims - Small Claims - Collection - Purchase Debt document preview
  • JEFFERSON CAPITAL SYSTEMS LLC v. ANDERSON, KELLYS15 - Small Claims - Small Claims - Collection - Purchase Debt document preview
  • JEFFERSON CAPITAL SYSTEMS LLC v. ANDERSON, KELLYS15 - Small Claims - Small Claims - Collection - Purchase Debt document preview
  • JEFFERSON CAPITAL SYSTEMS LLC v. ANDERSON, KELLYS15 - Small Claims - Small Claims - Collection - Purchase Debt document preview
  • JEFFERSON CAPITAL SYSTEMS LLC v. ANDERSON, KELLYS15 - Small Claims - Small Claims - Collection - Purchase Debt document preview
  • JEFFERSON CAPITAL SYSTEMS LLC v. ANDERSON, KELLYS15 - Small Claims - Small Claims - Collection - Purchase Debt document preview
  • JEFFERSON CAPITAL SYSTEMS LLC v. ANDERSON, KELLYS15 - Small Claims - Small Claims - Collection - Purchase Debt document preview
  • JEFFERSON CAPITAL SYSTEMS LLC v. ANDERSON, KELLYS15 - Small Claims - Small Claims - Collection - Purchase Debt document preview
						
                                

Preview

INSTRUCTIONS TO DEFENDANT (NOTICE TO PERSON BEING SUED) JD-CV-121 Rev. 7-12 Please read the instructions carefully. For more information, get a copy of HOW SMALL CLAIMS COURT WORKS (form J DP-CV-45) from the Clerk's Office or from our website at www.jud.ct.gov/faq/smallclaims.html. What Do I Have To Do To Defend This Case? The person suing you (the Plaintiff) delivered to you (served you with) a copy of the Small Claims Writ and Notice of Suit; and related documents, if any. The plaintiff will now file the Small Claims Writ and Notice of Suit and related documents with the court. The court will send you an Answer form and a Counterclaim form with the number the court assigns to the case, called the "docket number" of the case, and the date you must file your Answer, and Counterclaim if you make one, by. The Answer form and the Counterclaim form should be sent to you soon butit could take up to 6 weeks depending on when the plaintiff files the case with the court. The Answer is your response or reply to the plaintiff's claim. If you claim the plaintiff owes you money, this is called a Counterclaim. There is a $90.00 fee to file a Counterclaim. Your Answer, and your Counterclaim if you make one, should be specific but brief. Fill out the entire Answer form, and the Counterclaim form if you make a Counterclaim, and sign them. Keep a copy of each for yourself and send a copy to each attorney or other representative of the plaintiff, or if the plaintiff is representing himselfor herself, to the plaintiff. Send the original Answer form to the court by mail, fax or hand delivery at the address or fax number shown below on or before the answer date. If you make a Counterclaim, mail the original Counterclaim with the $90.00 fee to the court or hand deliver them to the address shown below on or before the answer date. You cannot fax a Counterclaim and its filing fee to the court. Please be sure to give us any change of your address. Do not answer until you get the Answer form and Counterclaim form from the court but if you do not getan Answer form and Counterclaim form within 6 weeks of being served, contact the courtto ask why. If you do not file an Answer in writing with the court, a money judgmentcould enter against you. This is called a default judgment. You may make an agreement with the plaintiff before the plaintiff files the lawsuit in court or at any time before the court enters a judgment. You may hire a lawyerto represent you if you want to. You can find helpful information on our website at: http://www.jud.ct.gov/faq/smallclaims.html and you may check the status of your case after it has been given a docket number at: http://www.jud2.ct.gov/S mall_Claims/. If you have any questions, you can visit or call the Centralized Small Claims Office at 80 Washington Street, Hartford, CT 06106. The telephone number in the Hartford area is 860-756-7800. The toll free telephone number in Connecticut is 866-383-5927. The fax number is (860) 756-7805. You do not need an attorney even if the plaintiff has one. However, you can have an attorney if you wantto hire one. If you want to use the regular rules of courtin this case or if you want the rightto appeal this case, you must file a motion to transfer the case to the regular civil or housing docket of the superior court. You may need an attorney to help you in filing that motion and you will have to pay fees to file it. The motion to transfer must be filed, in writing, with an affidavit and with the correct fees, on or before the answer date. What Happens If I Do Not File An Answer? If you do not file an Answer, the file will be reviewed by a magistrate who will decide whether a judgmentcan enter without a hearing for the full amount of the claim plus court costs, or if a trial needs to be scheduled. What Happens If I File An Answer? If you file an Answer, do not go to court on the answer date. After the court receives your Answer, a trial will be scheduled if one is required. Cases are scheduled for trial as quickly as possible. JD-CV-121 Rev. 7-12 Page 2 of 2 What Should I Do If The Plaintiff Owes Me Money? If you claim the plaintiff owes you money, this is called a Counterclaim. Explain how much the plaintiff owes you and why on the Counterclaim form. Fill out the entire Counterclaim form and sign it. Keep a copy for yourself and send a copy to each attorney or other representative of the plaintiff, or if the plaintiff is representing himselfor herself, to the plaintiff. Mail the original Counterclaim form with the$90.00 fee to the court or hand deliver them to the address shown above on or before the answer date. Please be sure to give us any change of your address. What If | Know I Owe The Plaintiff Some Money? If you know you owe the plaintiff something, but you do not agree with the amount the plaintiff is asking for or you are not sure how much you owe the plaintiff, you should file a written Answer. This gives you a chance to come to court for a trial to question how the plaintiff added up the amount claimed. What Should I Do If | Admit That | Owe The Plaintiff The Whole Amount? If you are sure that you owe the whole amount but you want time to pay, you must file an Answer not later than the Answer date, stating that you want time to pay the claim and why you are asking for the extra time to pay. You may ask fora period of time during which you can make payments that you suggest. If you do not, and you are an individual, the court will enter a judgment with an order of payments of $35.00 each week until the judgment is paid. If you ask to pay less than $35.00 per week and the plaintiff does not agree, a trial will be scheduled. A judgment against a business entity, for example, a corporation, or a judgment against a landlord for return of a security deposit, will be ordered paid in the full amount. This will be entered as a judgment of the court. If you pay the plaintiff/plaintiff's attorney the full amount owed plus costs, if any, before the answer date, tell the court on the Answer form. Do not send payment(s) to the court. Where And When Do | Have To Go To Court? If a trial is required, you will be sent a notice of the date, time and place of the trial. Even if you filed an Answer or a request for time to pay, the court can enter a judgment against you if you do not come to courton the date and time set for the trial. What Do I Need To Bring To Court? On the day of the trial, you must bring all your witnesses and evidence (bills, invoices, checks) to court with you. This includes any defective or damaged goods that can be broughtto court safely and easily, estimates of damages, pictures, and anything else that you want the court to look at. Be complete and organized in your case. A small claims judgment cannot be appealed. ADA Notice The J udicial Branch of the State of Connecticut complies with the Americans with Disabilities Act (ADA). If you need a reasonable accommodation in accordance with the ADA, contact a court clerk or an ADA contact person listed at www.jud.ct.gov/ADA/. iil AUNT a8 = eae JD-CV-121 Rev. 7-12 Page 2 of 2 888377 EXHIBIT A BILL OF SALE For value received and in further consideration of the mutual covenants and conditions set forth in the Account Purchase Agreement (the “Agreement”), dated as of the 22nd day of December, 2022 by and between Affirm, Inc. ( “Seller”) and Jefferson Capital Systems, LLC (“Buyer”), Seller hereby transfers, sells, conveys, grants, and delivers to Buyer, its successors and assigns, without recourse except as set forth in the Agreement, to the extent of its ownership, the Accounts as set forth in the Notification Files (as defined in the Agreement), delivered by Seller to Buyer on or about the Transfer Date, and as further described in the Agreement. Affirm, Inc. By: _ ul Name: Brooke Major-Reid Title: Chief Capital Officer 888377 CERTIFICATE OF LOAN SALE Cross River Bank, a New Jersey State chartered bank located in Teaneck, New Jersey (“Transferor”), hereby certifies that: 1 Each of the loans (each, a “Loan”) identified by loan number on the attached Exhibit A (the “Loan Schedule”) was originated by Transferor. Transferor transferred or otherwise conveyed to Affirm, Inc. (“Transferee”) each Loan identified on the Loan Schedule. on the respective “Date of Sale.” Transferor transferred, assigned, and conveyed to Transferee all right, title and interest the Transferor held in eack Loan, subject to and in accordance with the terms and conditions of that certain Loan Sale Agreement, by and between Transferor and Transferee, dated 08/15/2014 (as may be amended, modified, supplemented from time to time). Transferee was the servicer of each Loan from the origination of the Loan to the sale by Transferor to Transferee. In its role as servicer of the Loan, during the period Transferor owned the Loan, Transferee kept and maintained business records on behalf of Transferor in the regular course of business. tial’ Cross River Bank Name: Arlen W. Gelbard Title: EVP, General Counsel Date: Swom to before me 2° day of cil Ap eet 2023. JENNIFER CARLICK Notary Public, State of New Jersey My Commission Expires 08/18/2096 } oom. fA ul ele (Notary Stamp) STATEOF (gw Jers e4 COUNTY OF Berg 2 Excerpt from Sale File Assigned to J efferson Capital Systems LLC Pursuant to the bill of sale dated 12/22/2022 Name Social Security Number |Account Number Seller Account Number Open Date [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] KELLY ANDERSON XXX-XX-6449 XXXXXXXXXXXXWMG2 XXXXXXXXXXXX 3/29/2021 [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] LEGEND: [Redacted] indicates that all data for these records is redacted to protect other Consumers who were included in the same sale file but not part of the current action. Social Security Number, Account Number, and Seller Account Number information is masked to present only the last four characters in order to protect Consumer information. JCAP Reference # : 3677494867 Page 1 of 3 Purchased Pool Reference ID: DELQ 1222 AFFIRM 202212 Excerpt from Sale File Assigned to J efferson Capital Systems LLC Pursuant to the bill of sale dated 12/22/2022 Charge Off Date Charge Off Amount Purchased Balance Last Payment Date Last Payment Amount [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] 9/27/2021 $1,475.35 $1,475.35 5/07/2021 $64.15 [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] LEGEND: [Redacted] indicates that all data for these records is redacted to protect other Consumers who were included in the same sale file but not part of the current action. Social Security Number, Account Number, and Seller Account Number information is masked to present only the last four characters in order to protect Consumer information. JCAP Reference # : 3677494867 Page 2 of 3 Purchased Pool Reference ID: DELQ 1222 AFFIRM 202212 Excerpt from Sale File Assigned to J efferson Capital Systems LLC Pursuant to the bill of sale dated 12/22/2022 Co Borrower Name Original Creditor [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] CROSS RIVER BANK [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] [Redacted] LEGEND: [Redacted] indicates that all data for these records is redacted to protect other Consumers who were included in the same sale file but not part of the current action. Social Security Number, Account Number, and Seller Account Number information is masked to present only the last four characters in order to protect Consumer information. JCAP Reference # : 3677494867 Page 3 of 3 Purchased Pool Reference ID: DELQ 1222 AFFIRM 202212 affirm) Truth in Lending Disclosure Loan ID: WMG2 BORROWER CREDITOR Kelly Anderson Cross River Bank 129 BREWSTER RD 885 Teaneck Road BRISTOL, CT 06010 Teaneck, NJ 07666 Number of Payments — 24 Amounts of Payments 1 through 23 — $64.15 Amount of Payment 24 — $64.05 Due Monthly Starting — 4/26/21 . ANNUAL PERCENTAGE RATE - The cost of your credit as a yearly rate 0.00% APR FINANCE CHARGE - The dollar amount the credit will cost you $0.00" Amount Financed - The amount of credit provided on your behalf $1,539.50" Total of Payments - The amount you will have paid when you have made all scheduled payments $1,539.50" Late Charge: If a payment is late, you will not be charged a separate fee or penalty. Prepayment: If you pay off early, you will not have to pay a penalty, and you may be entitled to a refund of part of the finance charge. See your Loan Agreement below for additional information about nonpayment, default, any required repayment in full before the schedule date, and prepayment refunds. “This is an estimate based on the merchant processing your order on 3/26/21. Itemization of the Amount Financed: Cross River Bank will pay $1,539.50 to Lull. Loan Agreement THIS AGREEMENT INCLUDES AN ARBITRATION PROVISION IN SECTION 32. IT WILL HAVE A SUBSTANTIAL EFFECT ON YOUR RIGHTS IN THE EVENT OF A DISPUTE UNLESS YOU: (1) OPT OUT PROPERLY IN ACCORDANCE WITH SECTION 32; OR (2) ARE PROTECTED BY THE MILITARY LENDING ACT. FOR EXAMPLE, IF THE LOAN HOLDER ELECTS TO REQUIRE YOU TO ARBITRATE ANY CLAIM, YOU WILL NOT HAVE THE RIGHT TO A JURY TRIAL OR THE RIGHT TO PARTICIPATE IN A CLASS ACTION IN COURT OR IN ARBITRATION. 1. Introduction. This Loan Agreement ("Agreement") outlines the terms and conditions under which a loan will be issued. The parties (each, a ‘Party" and collectively, "Parties") to this Agreement are you and Cross River Bank, a New Jersey State Chartered Commercial Bank, Member FDIC ("Cross River Bank"). "You" and "your" means the borrower under this Agreement. The term "merchant" shall mean the third-party person or company who will be providing and/or delivering merchandise or goods/services to you. Additionally, for purposes of this Agreement, the terms "Amount Financed" and "Finance Charge" shall mean the Amount Financed and Finance Charge specified in the accompanying Truth in Lending Disclosure. 2. Promise to Pay. in return for a loan that you have received from Cross River Bank, you promise to pay U.S. $1,539.50 (the "Principal Amount") plus any Finance Charge to Cross River Bank. You understand that your loan and this Agreement may be assigned. Cross River Bank or any person who your loan and this Agreement is transferred to is called "the Loan Holder" in this Agreement. 3. Use of Estimates in Truth in Lending Disclosure. Cross River Bank estimated certain disclosures in the Truth in Lending Disclosure because it does not know exactly when the proceeds of the loan will be disbursed to the merchant. The estimates are based on the proceeds of your loan being disbursed on the date you accept this Agreement (referenced below). If the proceeds of your loan are disbursed after the date you accept this Agreement and you make all your payments on time, the interest you owe may be less than the Finance Charge, the due dates of your monthly payments will be later than the due dates specified in the Truth in Lending Disclosure, and the amount of your final scheduled payment may be less than the amount of the final scheduled payment specified in the Truth in Lending Disclosure. You will be notified of your final payment schedule, including any reduced final payment amount, before your first payment is due. 4. Term. The scheduled term of your loan begins when Cross River Bank pays the proceeds of your loan and ends the same numerical day 24 calendar months later except as set forth in Section 6. You will pay all amounts outstanding on your loan no later than ihe end of the scheduled term. 5. Interest. You will pay interest at a yearly rate of 0.00% APR. This is a simple interest loan, which means that interest accrues daily on the Unpaid principal balance, up to the amount of the Finance Charge, until you pay the loan in full. 6. Monthly Payments. Your loan requires you to make minimum monthly payments of principal and interest in an amount sufficient to pay off your Principal Amount and accrued interest by the end of the loan term. You will pay your loan in 24 monthly payments of $64.15 2ach. Because Cross River Bank does not know exactly when your loan proceeds will be disbursed and because you do not start accruing interest until the loan is made, you will be notified of your actual monthly payment amounts before your first payment is due. Your first monthly payment is due, on or about 4/26/21. You will be notified later of the exact date your first monthly payment is due. Your remaining monthly payments will be due on the same numerical day each calendar month as the numerical day of your first monthly payment (unless such numerical day does not occur in a particular month, in which case your monthly payment will be due on the last day of that particular month). 7. Application of Payments. Payments are allocated first to interest, and then to principal. Underpayment: If an early payment is less than the amount of the next scheduled installment, then you must pay the difference on or before the corresponding installment due date. Overpayment: Making an installment payment in excess of what is due may reduce the total amount of interest you are scheduled to pay under this Agreement, and may reduce the number and/or amount of and your remaining payments (starting with your last payment and working backwards). However, you cannot generally rely on an excess payment made on or before one installment due date to satisfy the installment obligation associated with the next installment due date. Multiple payments in one installment period: After making a complete installment payment (in one or multiple submissions) any subsequent payment not applied to the previous installment will be applied to the subsequent installment due. For example, f you have a twelve (12) month installment loan and, on your second installment due date, you make one payment of double ihe amount due, you will still owe a regular installment payment on your third due date (however, that extra payment may reduce the amount of interest you pay and may reduce or eliminate your twelfth installment payment). Alternatively, if you submit one complete installment payment before your second installment is due, and then submit an additional complete installment payment the same day, that second payment will be applied to your third installment. 8. Late Payment Fee. You will never be charged any late fee. 9. Payment Methods. You will make your monthly payments, using one of the methods made available to you by the Loan Holder, which currently consists of: (1) debit card, (2) ACH transfer, or (3) check. Unless you are notified otherwise, you will send checks to Affirm, Inc., 30 Isabella Street, Floor 4, Pittsburgh, PA 15212. If you elect to make a payment by check, you understand your check must be made payable to Affirm, Inc. When paying by check, you will send a separate check for each loan you intend to make a payment for and will include the loan ID in the memo line of the check to indicate which loan it should be applied towards. You Understand that if the payment you submit does not meet these requirements, it may not be processed, may be processed late, or may be processed as the Loan Servicer deems appropriate. For more information on making payments by check, you can refer to Affirm, Inc.'s Help Center and entering "Can | Pay By Check?". 10. Returned/Unsuccessful Payment(s). if you attempt to make a loan payment, whether by automated withdrawal from an account designated by you or by other means, and the loan payment is unsuccessful or returned for any reason, we will not charge you any fees. However, you understand that your financial or banking institution may charge you a fee for a returned or unsuccessful loan payment. We will not be held responsible for any fees assessed by your financial or banking institution for returned or unsuccessful loan payments. 11. Request to Close Account. You may initiate a request to close your account by contacting us at help@affirm.com or visiting the "Affirm, Inc.'s Help Center" and entering "How do | close my account?". We reserve the right to review your request for an account closure, to require additional telephone confirmation, and to exercise discretion on whether your request will be approved. If we do approve your request for an account closure, we will close your account(s) in a timely fashion. Once your account(s) is closed, you will no longer be able to sign in into the account or view any loan history associated with the closed account. You may not close your account to evade an investigation. You may not close your account while you have an outstanding loan. We will retain your account information in accordance with our Privacy Policy and any applicable state or federal law, rule or regulation. 12. Your Right to Prepay. You may prepay your loan in full or in part at any time without penalty. You understand prepayments will be applied to your loan as set forth in Section 7. You are entitled to a refund of any amounts you may pay to the Loan Holder in excess of the remaining principal balance and accrued interest as of the date of prepayment. Notwithstanding the foregoing, you agree that the Loan Holder may set off any amounts you are entitled to against any amounts you owe the Loan Holder on any other loan or otherwise. 13. Return of Goods and/or Cancellation of Services. f you return and/or cancel any goods and/or services that have been purchased with the proceeds of this loan, you understand and agree that you are not entitled to receive any cash refund from the merchant from whom you purchased such goods and/or services. Instead, you authorize the merchant to issue any such refund directly to the Loan Holder on your behalf. Any amounts received by the Loan Holder pursuant to this section will be applied to your account as of the date of receipt of such amounts by ihe Loan Holder. In the event a refund is issued to your account, you agree that it will be applied to your outstanding principal balance, to the extent permitted by applicable law, and will generally not change the amount of your upcoming monthly payments, although it may reduce or eliminate monthly payments due at or immediately before your originally-scheduled maturity date. You also agree that, unless applicable law requires otherwise, you will generally not receive a rebate of any interest that may have already accrued on an amount that later gets refunded. All returns and/or cancellations are subject to the merchant's standard return policies in effect as of the date of your purchase, which may include a restocking fee. You acknowledge that you have reviewed the merchant's return policy. 14. Down Payments. For the purchase of certain merchandise and goods/services, you may be required to make an immediate, one-time down payment in order to complete your transaction. In the event that any down payment required in connection with your transaction is returned or is otherwise unsuccessful, you agree to arrange for immediate repayment of such down payment and further understand that the down payment may be added fo the total amount financed such that interest will accrue on it until repaid (but at no time shall the total accrued interest be more than the Finance Charge disclosed in the Truth In Lending Disclosure). f you return and/or cancel any goods and/or services that have been purchased with the proceeds of this loan and you made a down payment in connection with such purchase, you agree that, unless prohibited by applicable law, the full amount of any refund may be applied first to the financed amount before any of the down payment is returned. 15. Failure to Pay as Required. a. Default. If you do not pay the full amount of each monthly payment on or before the date it is due, you will be in default. b. Notice of Default. If you are in default, the Loan Holder may, subject to applicable law, send you a notice telling you that if you do not pay the overdue amount by a certain date, the Loan Holder may require you to pay immediately the full amount of your joan, including any accrued interest. c. No Waiver by the Loan Holder. Even if, at a time when you are in default, the Loan Holder does not require you to pay immediately in full as provided in Section 15(b), the Loan Holder will still have the right to do so if you are in default at a later ime. 1. Payment of the Loan Holder's Costs and Expenses. If the Loan Holder has required you to pay immediately in full as described above, the Loan Holder will have the right to be paid back by you for all of its costs and expenses in enforcing this Agreement to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys’ fees. 16. Collection. You agree that if you fail to pay any amount owed on the loan then the Loan Holder may engage in collection efforts to recover those amounts. These collection efforts may involve contacting you directly, submitting your information to a collection agency, or taking legal action. 17. Credit Reports and Monitoring. You authorize the Loan Holder or its representative to obtain credit reports about you on an ongoing basis until your obligations under this Agreement are satisfied. The Loan Holder or its representative may report information about your loan to the credit bureaus. Late payments, missed payments or other defaults on your loan may be reflected in your credit report and may impact your credit score (e.g. FICO score). 18. Credit Bureau Disputes. f you believe that any information about your loan that the Loan Holder or its representative has furnished to a consumer reporting agency is inaccurate, or if you believe that you have been the victim of identity theft in connection with any loan made py Cross River Bank in connection with this Agreement, you may write to Loan Holder c/o Affirm, Inc., Attn: Credit Bureau Disputes, 30 Isabella Street, Floor 4, Pittsburgh, PA 15212. In your letter, you will: (i) provide your name and loan number, (ii) identify the specific information that you are disputing, (iii) explain the basis for the dispute; and (iv) provide any supporting documentation you have that substantiates the basis of the dispute. If you believe that you have been the victim of identity theft, you may submit an identity theft affidavit or identity theft report. 19. Verification. You authorize the Loan Holder or its representative to verify the information you provided in connection with your application. You understand that the Loan Holder or its representative may require additional identity verification/validation information from you directly at any time while your loan obligations under this Agreement exist. You give the Loan Holder or its representative consent to obtain information about you from a consumer reporting agency and other sources at any time you have repayment obligations under this Agreement. 20. Partial Payments Marked Payment in Full; Settlements. You understand that any check or other payment you send the Loan Holder for less than the total outstanding balance due under this Agreement that is marked "payment in full" or with any similar language or that you otherwise tender as full satisfaction of a disputed amount must be sent to the Loan Holder c/o Affirm, Inc., Attn: Payment of Disputed Amount, 30 isabella Street, Floor 4, Pittsburgh, PA 15212. That amount may be deposited without such a deposit affecting a satisfaction of the disputed amount. A late payment, a partial payment, or a payment marked with any restrictive language may be processed without effect on the terms of this Agreement. Any settlement of your loan for less than what is owed requires the Loan Holder's written agreement. 21. Notices. Unless applicable law requires a different method, any notice that must be given to you under this Agreement may be given, at ihe Loan Holder's option, electronically, by telephone, in writing by U.S. Mail, or by providing it to you in any other manner, in each instance using the contact information the Loan Holder or its representative has on file for you. To the extent permitted Under applicable law, any notice the Loan Holder gives to you will be effective and deemed delivered when sent. You must send notices to the Loan Holder c/o Affirm, Inc., 30 Isabella Street, Floor 4, Pittsburgh, PA 15212 unless a different address is later provided to you in writing. To the extent permitted under applicable law, any notice you send to the Loan Holder will not be 2ffective until the Loan Holder receives it and has had a reasonable opportunity to act on such notice. 22. Bankruptcy You agree to send all bankruptcy notices and related correspondence to the Loan Holder c/o Affirm, Inc., Attention: Bankruptcy Notice, 30 Isabella Street, Floor 4, Pittsburgh, PA 15212. You promise that You have no current intent to file any bankruptcy petition and have not consulted a bankruptcy attorney in the past six months. 23. Notices of Change in Circumstances. You agree to notify the Loan Holder of any changes to your name, mailing or e-mail address, or phone number (including your cell phone number) within fifteen (15) days by writing to the Loan Holder c/o Affirm, Inc., 30 Isabella Street, Floor 4, Pittsburgh, PA 15212. You understand the Loan Holder will rely on your cell phone number, mailing and e-mail addresses the Loan Holder has on file for you for any and all communications addressed to you unless or until either you, or, in the case of your mailing address, the U.S. Postal Service, notifies the Loan Holder of a change of address, or the Loan Holder otherwise has reason to know the contact information is no longer valid, and it has had a reasonable opportunity to act on such notice. You agree to cooperate with and participate in any verification process the Loan Holder may require in completing this change, and understand that your failure to do so may prevent your ability to access the account. 24. Contacting You; Phone and Text Messages; Call Recording. You expressly authorize the Loan Holder and its affiliates, agents, contractors, collectors, representatives, assigns and servicers/service providers (collectively, the "Messaging Parties") to contact you using automatic telephone dialing systems, automated dialer systems, artificial or pre-recorded voice message systems, text messaging systems, and automated e-mail systems for any and all purposes arising out of or relating to this Agreement or your loan and in order to provide you with information about this Agreement and your loan, including information about upcoming payment due dates, missed payments and returned payments. You authorize the Messaging Parties to make such contacts using any telephone numbers (including wireless, landline and VOIP numbers) or e-mail addresses you supply to the Messaging Parties in connection with this Agreement, the Messaging Parties' servicing and/or collection of amounts you owe the Messaging Parties or any other matter. You understand that anyone with access to your telephone or e-mail account may listen to or read the messages the Messaging Parties leave or send you, and you agree that the Messaging Parties will have no liability for anyone accessing such messages. You further understand that, when you receive a telephone call, text message or e-mail, you may incur a charge from the company that provides you with telecommunications, wireless and/or Internet services, and you agree that the Messaging Parties will have no liability for such charges. You expressly authorize the Messaging Parties to monitor and record your calls with the Messaging Parties. To the extent you have the right under applicable law to revoke this authorization, you agree you may do so, in writing, by contacting the Loan Holder at 30 Isabella Street, Floor 4, Pittsburgh, PA 15212. 25. Waivers You waive the rights of Presentment and Notice of Dishonor. "Presentment" means the right to require the Loan Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Loan Holder to give notice to you that amounts due have not been paid. 26. Check Conversion Notification; Electronic Check Re-Presentment. f you provide a check as payment, you authorize the Loan Holder or its representative either to use information from your check io make a one-time electronic fund transfer from your account or to process the payment as a check transaction. When information from a check is used to make an electronic fund transfer, funds may be withdrawn from your account as soon as the same day payment is received, and you will not receive your check back from your financial institution. In the event a check is returned unpaid for insufficient or uncollected funds, the Loan Holder or its representative may re-present the check electronically. If you have questions, you can contact the Loan Holder at 855-433-3729. In the ordinary course of business, the check will not be provided to you with your bank statement, but a copy can be retrieved by contacting your financial institution. 27. Loan Charges. if a law, which applies to your loan and sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with your loan exceeded or exceeds the permitted limit, then: (a) any such joan charge will be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from you which exceeded permitted limits will be refunded to you, subject to the Loan Holder's right of set off provided in Section 12. The Loan Holder may choose to make this refund by reducing the amount you owe or by making a direct payment lO you. 28. When a Loan Is Made. Cross River Bank makes a loan to you and you receive a loan from Cross River Bank when Cross River Bank pays the merchant the proceeds on your behalf for your purchase of goods or services. After you are approved for a loan and agree to ihe terms of this Agreement, Cross River Bank may decide not to make you a loan for any reason. 29. Assignment. You agree the Loan Holder may sell or otherwise transfer its rights under this Agreement and amounts owed by you at any time. if it does, this Agreement will remain in effect. You may not transfer your rights under this Agreement without the Loan Holder's written permission, which it is not required to give. Any attempt to do so will be void. Your obligations under this Agreement apply to all of your heirs, successors and permitted assigns, if any. The Loan Holder's rights under this Agreement apply to it and each of its successors and assigns. 30. Non-Negotiable Instrument. This Agreement is not a negotiable instrument. 31. Privacy Notice. You acknowledge that you received a copy of Cross River Bank's privacy notice with this Agreement or within the past 12 months. 32. Mandatory Arbitration. THIS SECTION AFFECTS YOUR RIGHTS, PLEASE READ CAREFULLY BEFORE AGREEING TO THESE TERMS. Except as otherwise explicitly provided in this Section, any Loan Holder, and Affirm, Inc. (together with their parent companies, wholly or majority-owned subsidiaries, affiliates, commonly-owned companies, successors, assigns and any of these entities’ employees, officers, directors and agents and their successors, assigns and affiliates, the "Transaction Parties") and you can elect to resolve any past, present or future dispute or claim arising from or relating in any way to your loan, this Agreement, or the relationships that result from any of the foregoing, that cannot be resolved directly between you and a Transaction Party, by pinding arbitration under the Consumer Arbitration Rules ("the Consumer Rules") of the American Arbitration Association ("AAA"), rather than in court. (For purposes of this Section, the term Transaction Parties also includes any third party providing any goods and/or services in connection with your loan, including the merchant to which your loan proceeds were disbursed, or he origination, servicing and collection of this Agreement, if that third party is named as a defendant along with a Transaction Party in a single proceeding.) Except as otherwise explicitly provided in this Section, this broadly includes: any claims based in contract, statute, tort, fraud, consumer rights, misrepresentation, equity or any other legal theory; initial claims, counterclaims, cross-claims and third-party claims; federal, state and local claims; and claims which arose before the date of this Agreement. The Federal Arbitration Act ("FAA") and federal arbitration law apply to this Agreement. There is no judge or jury in arbitration and court review of an arbitration award is limited, but an arbitrator can award an individual the same damages and relief as a court in an individual case and must apply and follow the terms of this Agree