Exhibit 20 — Marshall v. Prestamos CDFI, LLC (Dkt. 163-22, E.D. Pa. No. 5:21-cv-04337)

Record facts

U.S. District Court for the Eastern District of Pennsylvania · No. 5:21-cv-04337-JMG · Doc. 163-22 · 2025-05-21 · Docket on CourtListener

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EX. 20 -- EXCERPTS FROM THE 
DEPOSITION OF JOSE MARTINEZ 
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Case 5:21-cv-04337-JMG     Document 163-22     Filed 05/21/25     Page 1 of 3

 
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Excerpts from Jose Martinez’s 4/9/25 Deposition 
 
“A. I see it. 
Q. Okay. What does that date signify?  
A. I'm thinking about it. It should have been -- I believe that is the date that the note was 
prepared and issued. It likely should be the same date that it was signed” At 20 
 
“Q. Okay. In the context of a note, what is that? What is the maturity date? 
A. The maturity date is the day that the loan will come due at the end of the term.” At 21 
 
“Q. Okay. But it was your belief that you had a signed agreement in place, a signed note, correct? 
MR. ARELLANO: Object to the form. 
THE WITNESS: I will affirm that when we had a signed promissory note, we did move forward 
with sending information to The Fed.” At 23 
 
“Q. And what was the purpose of the advance request? 
A. The purpose of the advance request was, my understanding, twofold. One, to pledge the 
collateral of a loan. And secondarily, to advance on the loan the proceeds that we were borrowing 
from the Federal Reserve.” At 24 
 
“A. Generally speaking, we consider those sole proprietors. The program, PPP loan program, 
also considered independent contractors as eligible.” At 37 
 
“thinking about on the front end. It's also the document that we would continue to report on 
throughout the life of the loan.” At 43 
 
“Q. Okay. And I'll give you one example. One is a, like, a prepaid debit card; is that correct? 
A. During the period of time of the PPPs, there were certain ones that were funded to a prepaid 
card, issued to a prepaid card.” At 57 
 
“Q. Okay. What happened if neither of those methods worked to get the borrower the loan 
proceeds? Was there a -- what then -- what happened then? The prepaid bank card was an 
exception process. 
A. So we would only -- we would only ACH funds to a prepaid bank cards only after the bank 
had rejected the funds and we learned of it.” At 59 
 
“Q. How would you describe Prestamos's obligation to update a 1502 report if a loan was 
previously reported as disbursed and it was never disbursed? 
MR. ARELLANO: Object to form. 
THE WITNESS: Well, I said earlier that my understanding, you know, was that we would -- that 
we wouldn't update on the 1502 and that we communicated these other means to the E-tran 
system.” At 71 
 
“A. I don't recall specifically what we were talking about. But I would say that generally, or in 
every case, and I'm not aware of any exceptions, this would be the data, the SBA signing of the 
note.” At 80 
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“Q. Do you know if Prestamos received processing fees for loans that were never funded? 
A.We received PPP fees for loans that were initially ACHed to borrower's accounts and were 
later canceled.” At 94 
 
 
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Case 5:21-cv-04337-JMG     Document 163-22     Filed 05/21/25     Page 3 of 3

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