scsc015517 - case against early man dismissed.pdf
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SCCV029317 BUAKHAI
Binder Information
Created For: Duane Hoffmeyer
Created By: Roder, Lisa
Created Date: 10-14-2014
Updated By: Roder, Lisa
Updated Date: 10-14-2014
Generated: 10-14-2014
Event Date: 10-14-2014
Expires:
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IN THE IOWA DISTRICT COURT FOR BUENA VISTA COUNTY
MIDLAND FUNDING LLCVS BUAKHAI, DONAVIN
Case No. 03111 SCCV029317
Clerk's
I, the undersigned Clerk of District Court or designee, do hereby certify as follows:
Case Security:
The ICIS case level security of this matter is:
All of the case record in this matter is public record
All or part of the case record in this matter is confidential under Iowa law:
Juvenile Record, including children and families in need of assistance, termination of parental rights and certain
confidential delinquency actions
Involuntary Hospitalization of Persons with Mental Illness Record
Involuntary Commitment or Treatment of Chronic Substance Abuse Record
Pending Dissolution of Marriage Record
While this case type is public record, certain documents are confidential or sealed
Probate
Other:
Document Security:
The security level for the documents in this binder is 0. The event/document security table is shown at the end of thiscertificate.
Transmission of Record:
The record is being transmitted to the District Clerk of Court in the following format(s):
Fully electronic format (attached)
Part electronic/part non-electronic
Partially electronic format (attached in binder)
Partially non-electronic. Non-electronic records will be delivered to the and will consist of the following records:
The following non-electronic records or exhibits are of unusual bulk, weight or substance and will be delivered to the
only upon specific request:
Other:
1 of 2
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Dated: October 14, 2014 /s/ LISA M RODER
Clerk of Court/Designee
BUENA VISTA County
EDMS/ICIS event and document security levels:
0 Public
1 Confidential - accessible by case parties
2 Confidential - accessible by self-represented litigants
3 Confidential - accessible by attorneys on the case
4 Confidential - accessible by county attorney
5 Confidential - accessible by authorized court personnel (paper copy may be publicly available at Clerk of District Cour
office)6 (Not designated)
7 (Not designated)
8 Expunged - accessible by judges, magistrates and clerks of court
9 Sealed - accessible by judges and clerks of court
2 of 2
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IN THE IOWA DISTRICT COURT FOR BUENA VISTA COUNTY
MIDLAND FUNDING LLCVS BUAKHAI, DONAVIN
Case No. 03111 SCCV029317
Clerk's
I, the undersigned Clerk of District Court or designee, do hereby certify as follows:
Case Security:
The ICIS case level security of this matter is:
All of the case record in this matter is public record
All or part of the case record in this matter is confidential under Iowa law:
Juvenile Record, including children and families in need of assistance, termination of parental rights and certain
confidential delinquency actions
Involuntary Hospitalization of Persons with Mental Illness Record
Involuntary Commitment or Treatment of Chronic Substance Abuse Record
Pending Dissolution of Marriage Record
While this case type is public record, certain documents are confidential or sealed
Probate
Other:
Document Security:
The security level for the documents in this binder is 0. The event/document security table is shown at the end of thiscertificate.
Transmission of Record:
The record is being transmitted to the District Clerk of Court in the following format(s):
Fully electronic format (attached)
Part electronic/part non-electronic
Partially electronic format (attached in binder)
Partially non-electronic. Non-electronic records will be delivered to the and will consist of the following records:
The following non-electronic records or exhibits are of unusual bulk, weight or substance and will be delivered to the
only upon specific request:
Other:
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Dated: October 14, 2014 /s/ LISA M RODER
Clerk of Court/Designee
BUENA VISTA County
EDMS/ICIS event and document security levels:
0 Public
1 Confidential - accessible by case parties
2 Confidential - accessible by self-represented litigants
3 Confidential - accessible by attorneys on the case
4 Confidential - accessible by county attorney
5 Confidential - accessible by authorized court personnel (paper copy may be publicly available at Clerk of District Court
office)6 (Not designated)
7 (Not designated)
8 Expunged - accessible by judges, magistrates and clerks of court
9 Sealed - accessible by judges and clerks of court
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IN THE IOWA DISTRICT COURT FOR BUENA VISTA COUNTY
MIDLAND FUNDING LLC,Plaintiff,
v.
DONAVIN BUAHAI
D!f!n"ant#$%.
Ca$! N&. SCCV'()*+
ORDER FOR CHANGE OF VENUE
NOW &n t-i$, t-! "a/ &f , (', t-! C&01t -avin2
3&n$i"!1!" Plaintiff4$ M&ti&n f&1 C-an2! &f V!n0! an" 5!in2 f0ll/ a"vi$!" in t-!$! 61!7i$!$
fin"$ t-at Plaintiff4$ M&ti&n f&1 C-an2! &f V!n0! $-&0l" 5! 21ant!". T-! 6laintiff f01t-!1
a0t-&1i8!$ t-! Cl!19 &f C&01t t& $i2n &0t &n t-! "&39!t f&1 all 3&$t$ a"van3!" 5/ t-! 6laintiff
IT IS THEREFORE ORDERED, t-! a5&v! 7att!1 $-all 5! t1an$f!11!" t& t-! a661&61iat!
C&01t f&1 SAC C&0nt/, I&:a.
MAGISTRATE;
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State of Iowa Courts
Type: ORDER TO CHANGE VENUE
Case Number Case Title
SCCV029317 MIDLAND FUNDING LLC VS BUAKHAI, DONAVIN
So Ordered
Electronically signed on 2014-10-10 17:45:58 page 2 of 2
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IN THE IOWA DISTRICT COURT FOR BUENA VISTA COUNTY
MIDLAND FUNDING LLC,
Plaintiff,
v.
DONAVIN BUAKHAI
Defendant(s).
Case No. SCCV029317
MOTION FOR CHANGE OF VENUE
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
Defendant resided in this county.
2. Since then, Plaintiff has discovered that Defendant now resides at 101 E SOUTH
AVE, EARLY IA 50535., in SAC County.
3. Plaintiff requests an Order transferring venue to the SAC County Court.
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
/s/ Christopher E. Pech
Christopher E. Pech AT0006178
Pech, Hughes & McDonald, P.C.
P.O. Box 2165
Cedar Rapids, IA 52406Telephone: (319) 362-3000
Facsimile: (319) 362-3277
ATTORNEY FOR PLAINTIFF
OFN 652287 *652287* YFN ************4049CFN 8562929433
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IN THE IOWA DISTRICT COURT FOR BUENA VISTA COUNTYMIDLAND FUNDING LLC,Plaintiff's Namec/o Pech, Hughes & McDonald, P.C.AddressPO Box 2165, Cedar Rapids, IA 52406(319) 362-3000 Vs.DONAVIN BUAKHAI,Defendant’s Name309 W 2ND ST STORM LAKE IA 50588AddressDefendant’s NameAddress Defendant(s)
Original Notice and Petition for a Money Judgment
To Defendant(s):
1. You are notified that the plaintiff(s) demand(s) from the defendant the amount of $608.11, plus the following inciden
charges: Interest in the amount of $.00, future interest at the statutory rate and costs. Total amount requested $608.11This demand is based on: the Defendant(s) became indebted to CREDIT ONE BANK, N.A. through a series of transactionCREDIT ONE BANK, N.A. thereupon submitted to Defendant(s) monthly statements of result the final one showing abalance 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 paidthe statement represents a final adjustment of the respective demands of each upon the other as to the whole account and toall items thereon; CREDIT ONE BANK, N.A. assigned all right, title and interest in said account to Plaintiff, Plaintiff is thowner of the account.
2. Judgment may be entered against you unless you file an Appearance and Answer within 20 days of the service of theOriginal 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 DocumentManagement System (EDMS) at https://www.iowacourts.state.ia.us/EFile, unless you obtain from the court an exemptionfrom electronic filing requirements.
4. If your Appearance and Answer is filed within 20 days and you deny the claim, you will receive electronic notificationthrough 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) foPlaintiff(s). The Notice of Electronic Filing will indicate if Plaintiff(s) is (are) exempt from electronic filing, and if youmust mail a copy of your Appearance and Answer to Plaintiff(s).
6. You must also notify the clerk's office of any address change.
/s/ Christopher E. PechChristopher E. PechPech, Hughes & McDonald, P.C.P.O. Box 2165Cedar Rapids, IA 52406-2165319/[email protected]
OFN 652287 *652287*
YFN ************4049 CFN 8562929433
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Last Name: BUAKHAI
First Name: DONAVIN
Middle Name:
Active Duty Status As Of: Jul-25-2014
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.
Mary M. Snavely-Dixon, Director
Department of Defense - Manpower Data Center
4800 Mark Center Drive, Suite 04E25
Arlington, VA 22350
Department of Defense Manpower Data Center Results as of : Jul-25-2014 12:36:53 PM
SCRA 3.0
On Active Duty On Active Duty Status Date
Active Duty Start Date Active Duty End Date 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 Active Duty End 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 Order Notification End 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
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The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility
Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems.
The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 501 et seq, as amended) (SCRA) (formerly known as
the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the
individual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any family
member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the
protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the
"defenselink.mil" URL: http://www.defenselink.mil/faq/pis/PC09SLDR.html. If you have evidence the person was on active duty for the active duty status
date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 521(c).
This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active
Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active
duty on the Active Duty Status Date.
More information on "Active Duty Status"Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less
than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service
authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the
President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the
unit they support. This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve
Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S.
Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps).
Coverage Under the SCRA is Broader in Some CasesCoverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be
reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods.
Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1).
Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website
certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service.
Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not
actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA
extend beyond the last dates of active duty.
Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA
are protected
WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing
erroneous information will cause an erroneous certificate to be provided.
Certificate ID: QBY6BEFDM071Z10
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CREDI T ONE BANK CREDI T CARD STATEMENT
Account Number 049
F eb ru ary 2 8, 20 14 to F eb rua ry 28 .20 14
SUMMARY OF ACCOU NT ACTI VITY
Previous Balance
608_11
Pa yme n ts
-
0.00
Other Credits
608_11
Purchases
+
0.00
Cash Ad va nces +
0_00
Fees Charged
+
0.00
Interest Charged +
0.00
N e w B a la nc e
0.00
Credi t L imit
3 D O _ O O
Available Credft
0.00
S tatemen t C lo sing D ate 02 28 14
D ay s in Bi ll in g Cy cle
3D
1-877 -825-3242
1-702-405-2042
PAYMENT tNFORMATtON
New Balance
P as t D u e A mo un t
Amount Due This Peri od
MIn Imum Payment Due
Payment Due Date
0.00
0,00
0.00
0,00
03/23114
Late Pctymerlf Warning:
Ifwe
do.
not receive your minimum rsvmer,t
by
the date listed above,
yo u may h av e to p ay a late fe e up to 3 5,
MJnlmum Payment Warnlng:
Ifyou make only the minimum payment eac'1 pe,iod, yo u w ; i D ay more
in inhsres1and it \vili take yo~ onger topayoff your balance.
For example:
P lea se s end b iWng inqu ir ie s a nd c or res po nd enc e to:
P _O_ B ox 98 87 3, L as V eg as , NV 8 91 93 -88 73
O n l y
t h e m i ni T u m
payment
You wil l payoff t ile
balance shown en
the statement in
abcut..
And you wil l
end up paying
an estimated
total 01.
QUESTIONS?
Ca B C u sto me r S erv ic e o r R ep ort
a Lost or Stol en Credit Card
Outside
the U _S _
Call
If YOl}make no
additlenal charge-s
usmg this card end
each month you ?~
1 months BOB . OO
I fyou woulc i ika a .ocat ion
forcredil
counseling services.
cail1-800-515-572C,
Total fees char ged in 2014
T otal i nterest ch arged in 2 01 4
70.00
19,66
TRANSACTIONS
Reference Number Trans Date PostDate Dascription of Transaction or Credit Amount
F 5 7 2 7 0 0 E B O O 9 9 9 9 9 0
i 8
02./28
CHARGE
O FF
ACCOUNT-PRINCIPALS -294.74
F 5 7 2 7 0 0 E B O O 9 9 9 9 9 0
i 8
02./28
CHARGE
O FF
ACCOUNT ; 'F INANCE CHARGES;' -313_37
Fees
TOTAL FEES FOR THIS PERIOD
O.O{ )
Interes t Charged
2 2 8
02128
lnterest Charge on Purchases
0.00
2 2 8
02128
Interest Charge on Cash Advances
0.00
TOTAL II\ITEREST FOR THIS PE RIOO
O.O{ )
2014 Totals Year-to -Date
Type of Balance
Purchases
Cash Advances
Annual Perr.::entage Rate (APR)
23.90%(\; ':~
23 _ 9D % ( v )
Balance Subject to
I nterest R ate
0.00
0_00
Interes t Charge
0,00
0.00
JNTEREST CHARGE CALCULATION
Your Annual Percentage Rate (APR) is the annual interest rate on your account
(v)
Variable Rate
J6H
Z X PA .G E '1 of ·t 2 D S727
' ; ID20
M11 J 01Dl53&J
PA Y Y OU R BILL ONLINE a t CredU One Ba nk ~c om
Account Number:
New Balance: 0,00
Minimum Payment Due: 0.00
For address, tslephone ami email changes,
please check the box and complete the reverse sica.
Or, update )'our contact
.nformation
online
at ' . . ,,'CreditOneBank_coM_
P aym en t D ue D ate : 03 23 14
AMOUNT ENCLOSED:
CREDIT ONE BANK
PO BOX 60500
crrv OF INDU STR Y CA 9 17 16 -0 500
111'plll'IIIII'lllpll,lulllllllulllll··,III.IIIIIII·111I111II
I,IIIIIII.·I'IIIIIIIIII 'IIIIIIII'lIlllllIluI1111I·'IIIIII'I'
DONAVIN BUAKHAI
309'N2ND ST
S TORM L AK E IA 50 58 8-17 01
9
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CREDIT ONE BANK
1. ANNUAL PERCENTAGE RATE (APR) 23.90%
Annual Membership Fee $69 (*see explanation below)
Enrollment Fee (One-Time-Only) $69
Grace Period for Repayment of the Balance for
Purchases
25 days from the date of your statement
if you paid the previous balance in full
by the payment due date
Method of Computing the Balance for Purchases Average Daily Balance (including new
purchases)
Cash Advance Transaction Fee $5.00 or 3% of the advance, whichever
is greater
Minimum Finance Charge $0.50 for any billing cycle in which a
Finance Charge is due
Late Payment Fee $29
Over Limit Fee $29
Closed Account Maintenance Fee $3 per month after account closure,
until paid in full
*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
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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 pendingapplication, 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
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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 bylaw, 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 andexclusions 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
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CREDIT PROTECTION PROGRAM AGREEMENT will be sent to you after your enrollment is
processed. Please read the Program Agreement carefully when you receive it.
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IN THE IOWA DISTRICT COURT FOR SAC COUNTYMIDLAND FUNDING LLC,Plaintiff's Namec/o Pech, Hughes & McDonald, P.C.AddressPO Box 2165, Cedar Rapids, IA 52406(319) 362-3000 Vs.
DONAVIN BUAKHAI,Defendant’s Name101 E SOUTH AVE EARLY IA 50535AddressDefendant’s NameAddress Defendant(s)
AMENDED Original Notice and Petition for a Money JudgmentCase No. SCSC015517
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.
/s/ Christopher E. Pech
Christopher E. Pech
Pech, Hughes & McDonald, P.C.P.O. Box 2165
Cedar Rapids, IA 52406-2165319/362-3000
OFN 652287 *652287*
YFN ************4049 CFN 8562929433
E-FILED 2014 NOV 05 2:22 PM SAC - CLERK OF DISTRICT COURT
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IN THE IOWA DISTRICT COURT FOR SAC COUNTY
MIDLAND FUNDING LLC
Plaintiff(s)
vs.
DONAVIN THONGPHET BUAKHAI
Defendant(s)
Small Claims No. 02811 SCSC015517
Ninety Day Dismissal
Docket Event Code: DPND
This small claim has not been determined within ninety days following the expiration of any periodof continuance or following the last entry placed on the record. It is dismissed at the plaintiff(s) costwithout prejudice pursuant to 631.8(1) Code of Iowa.
Dated: February 4, 2015 /s/ Brenda McClure
Clerk of Court/Designee
SAC County, Iowa
Copy to:
E-FILED 2015 FEB 04 9:14 AM SAC - CLERK OF DISTRICT COURT