10/28/2019 1:49 PM

19CV47031

1 THE CIRCUIT COURT OF THE STATE OF OREGON

2 COUNTY OF WASHINGTON
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) Case No.:
DISCOVER BANK, )
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) PLAINTIFF'S COMPLAINT
Plaintiff, ) BREACH OF CONTRACT
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)
vs. ) CLAIM RANGE: $6,760.77
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) ORS Sec. 21.160
Damian Rivasescobar , ) Claim is subject to Mandatory Arbitration
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) SUBJECT TO UTCR 5.180(3)
Defendant(s) )
9 )

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Plaintiff, DISCOVER BANK, by and through its attorneys, Zwicker & Associates,

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P.C., for its Complaint against DAMIAN RIVASESCOBAR (“Defendant(s)”), states as

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follows:

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1. Plaintiff is a FDIC-insured Delaware State Bank.

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2. Defendant(s) reside(s) and/or maintain(s) an address and/or domicile sufficient to allow this

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Court to maintain jurisdiction and venue of Plaintiff’s claims.

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3. The principal damage amount sought by Plaintiff in this Complaint is within this Court’s

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monetary jurisdictional limit.

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26 ZWICKER & ASSOCIATES, P.C.

A Law Firm Engaged in Debt Collection
27 12550 SE 93RD AVENUE, SUITE 430 CLACKAMAS, OR
Plaintiff’s Complaint 97015
28 Page 1 of 3 PH: (503)654-2050 FAX: (503)654-0345
1 4. Defendant(s) entered into a loan agreement (hereafter referred to as “Agreement”). True and
2 exact copies of the loan documents are attached hereto and marked Exhibit A.
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4 5. Funds were disbursed pursuant to the terms of the Agreement or as requested by

5 Defendant(s).
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7 6. The loan is identified with account number ending in 8933.

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9 7. Defendant(s) defaulted on the terms of the Agreement when Defendant(s) failed to make
10 payments pursuant to the terms of the Agreement.
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12 8. As a result of the default by Defendant(s), Plaintiff has accelerated the full balance due and
13 owing pursuant to the terms of the Agreement.
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9. Demand was made upon Defendant(s).
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10. As of today’s date, Defendant(s) has/have failed to pay Plaintiff pursuant to the terms of the
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Agreement.
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11. As Defendant(s) have materially breached the terms of the Agreement, the balance due and
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owing to Plaintiff after deducting all just and lawful offsets, payment, and credits is the sum of
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$6,760.77. Account statement records or balance history records substantiating the balance due
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are attached hereto and marked Exhibit B.
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26 ZWICKER & ASSOCIATES, P.C.

A Law Firm Engaged in Debt Collection
27 12550 SE 93RD AVENUE, SUITE 430 CLACKAMAS, OR
Plaintiff’s Complaint 97015
28 Page 2 of 3 PH: (503)654-2050 FAX: (503)654-0345
1 RELIEF REQUESTED
2 WHEREFORE, Plaintiff requests this Honorable Court to enter a Judgment
3 awarding the following:
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5 a) The balance due and owing of $6,760.77,

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7 b) Post Judgment Interest at the legal rate,

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9 c) Court costs to the extent permitted by applicable law.

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12 DATED: 10/24/19
13 s/ Lori D. Elrod ___
14 ☐ AARON MCLELLAN, OSB #074557
Email: [email protected]
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⌧ LORI D. ELROD, OSB #136016
16 Email: [email protected]
17 ZWICKER & ASSOCIATES, P.C.
A Law Firm Engaged in Debt Collection
18 Attorneys for Plaintiff

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26 ZWICKER & ASSOCIATES, P.C.

A Law Firm Engaged in Debt Collection
27 12550 SE 93RD AVENUE, SUITE 430 CLACKAMAS, OR
Plaintiff’s Complaint 97015
28 Page 3 of 3 PH: (503)654-2050 FAX: (503)654-0345
EXHIBIT A


 PERSONAL LOANS
LOAN#:500002938933
May 16, 2017

Dear Damian Rivasescobar,

*12345*

Welcome to Discover® Personal Loans. When you chose us for your personal loan needs, you made the
right choice. That's because we understand everyone wants to get to a better place. And whether you're
looking for ways to manage bills or to afford a little something special, Discover is here to help make all
of your financial goals a reality.

We're pleased to confirm that your Personal Loan in the amount of $10,000.00 has been approved and
has been disbursed specific to your request.

You have enrolled in our Automatic Payments Service. Your first of 48 fixed monthly payments of
$254.20 will be withdrawn each month from the account you indicated starting on June 25th. We'll still
provide you with a monthly statement, approximately 20 days before your payment due date.

Please take a moment to review the enclosed Truth-In-Lending Disclosures, Loan Agreement, Quick Info
Guide and information about available products and services. You'll find valuable information on how to
make your Personal Loan work best for you.

If you have any questions regarding your Personal Loan, visit Discover.com/Personal-Loans or call us at
1-877-256-2632, Monday through Friday, 8am to 8pm Eastern.

Sincerely,

R. Simon
Regional Operations Director
Discover Personal Loans

WLK 100860 Page 1 of 4

PO Box 30958
Salt Lake City, UT 84130-0958

Thank you for

being a valued
Damian Rivasescobar
3236 South East 177th Ave Customer.
Portland, OR 97236

If you have questions,

visit Discover.com/Personal-Loans
or call us at 1-877-256-2632
 PERSONAL LOANS
LOAN#:500002938933
May 16, 2017

TRUTH-IN-LENDING DISCLOSURES
Creditor: Discover Bank - Wilmington, DE 19850
Annual Percentage Rate Finance Charge Amount Financed Total of Payments
The cost of your credit as a The dollar amount the The amount of credit The amount you will have paid after
yearly rate: credit will cost you: provided to you or on you have made all payments as
your behalf: scheduled:
10.00% $2,204.98 $10,000.00 $12,204.98
Your payment schedule will be:
Number of Payments: Amount of Payments: When Payments are Due:
48 $254.20 Monthly beginning June 25th
Late Charge: If we do not receive the full amount of any monthly payment by its due date, we will
charge you a Late Fee of $39.00
Prepayment: If you pay off early, you will not have to pay a penalty and will not be entitled to any
refund of any paid finance charge.
Further Terms: See the enclosed Loan Agreement for any additional information about
nonpayment, default, any required repayment in full before the scheduled date, and
prepayment refunds and penalties.
Your interest rate is: 9.99%

Thank you for

being a valued
Customer.

If you have questions,

visit Discover.com/Personal-Loans
or call us at 1-877-256-2632

Page 3 of 4
 PERSONAL LOANS
LOAN#:500002938933
May 16, 2017

ITEMIZATION OF AMOUNT FINANCED

Loan Amount: $10,000.00

Origination Fee: -$0.00
Amount Financed: $10,000.00

Itemization of the amount financed totaling: $10,000.00

DAMIAN RIVASESCOBAR Account ending in 9389 $10,000.00

Thank you for

being a valued
Customer.

If you have questions,

visit Discover.com/Personal-Loans
or call us at 1-877-256-2632

Page 4 of 4
EXHIBIT B


Borrower Name: DAMIAN RIVASESCOBAR Loan Number: 500002938933
7/24/2019

Effective Date Description Amount Principal Interest Fee Principal Balance

5/16/2017 Disbursement ACH to DAMIAN RIVASESCOBAR, A/C#9389 -$10,000.00 -$10,000.00 $0.00 $0.00 $10,000.00
5/16/2017 Repayment Start -- -- -- $0.00 --
6/25/2017 Payment by CCR $254.20 $144.73 $109.47 $0.00 $9,855.27
7/25/2017 Payment by CCR $254.20 $173.27 $80.93 $0.00 $9,682.00
8/25/2017 Payment by CCR $254.20 $172.06 $82.14 $0.00 $9,509.94
9/25/2017 Payment by CCR $254.20 $173.51 $80.69 $0.00 $9,336.43
10/25/2017 Payment by CCR $254.20 $177.54 $76.66 $0.00 $9,158.89
11/25/2017 Payment by CCR $254.20 $176.49 $77.71 $0.00 $8,982.40
12/25/2017 Payment by CCR $254.20 $180.44 $73.76 $0.00 $8,801.96
1/25/2018 Payment by CCR $254.20 $179.52 $74.68 $0.00 $8,622.44
2/25/2018 Payment by CCR $254.20 $181.04 $73.16 $0.00 $8,441.40
3/25/2018 Payment by CCR $254.20 $189.51 $64.69 $0.00 $8,251.89
4/25/2018 Payment by CCR $254.20 $184.19 $70.01 $0.00 $8,067.70
5/25/2018 Payment by CCR $254.20 $187.95 $66.25 $0.00 $7,879.75
6/25/2018 Payment by CCR $254.20 $187.35 $66.85 $0.00 $7,692.40
7/30/2018 Late Fee Assessed $0.00 $0.00 $0.00 -$39.00 $7,692.40
8/25/2018 Payment by CCR $254.20 $125.77 $128.43 $0.00 $7,566.63
8/29/2018 Late Fee Assessed $0.00 $0.00 $0.00 -$39.00 $7,566.63
9/25/2018 Payment by CCR $254.20 $190.00 $64.20 $0.00 $7,376.63
10/1/2018 Late Fee Assessed $0.00 $0.00 $0.00 -$39.00 $7,376.63
10/25/2018 Payment by CCR $254.20 $193.63 $60.57 $0.00 $7,183.00
10/29/2018 Late Fee Assessed $0.00 $0.00 $0.00 -$39.00 $7,183.00
11/29/2018 Late Fee Assessed $0.00 $0.00 $0.00 -$39.00 $7,183.00
12/31/2018 Late Fee Assessed $0.00 $0.00 $0.00 -$39.00 $7,183.00
1/11/2019 Payment by MAL Ck# 1016 $980.00 $826.65 $153.35 $0.00 $6,356.35
1/20/2019 Payment by MAL Ck# 1027 $280.00 $30.34 $15.66 $0.00 $6,326.01
3/1/2019 Late Fee Assessed $0.00 $0.00 $0.00 -$39.00 $6,326.01
3/29/2019 Late Fee Assessed $0.00 $0.00 $0.00 -$39.00 $6,326.01
4/29/2019 Late Fee Assessed $0.00 $0.00 $0.00 -$39.00 $6,326.01
5/29/2019 Late Fee Assessed $0.00 $0.00 $0.00 -$39.00 $6,326.01

Total Outstanding Balance Interest Balance Fees Due Current Principal Balance
$6,760.77 $278.76 $156.00 $6,326.01