Motion for Summary Judgment in American Express National Bank v. Donna Gonzalez aka Donna M Gonzalez| Trellis.Law

On November 25, 2019 a Motion,Ex Parte was filed involving a dispute between American Express National Bank, and Gonzalez, Donna, for Contract - Other Contract in the District Court of Fort Bend County.

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NO. 19-DCV-268925

AMERICAN EXPRESS NATIONAL § IN THE DISTRICT COURT
BANK,
Plaintiff § 400TH JUDICIAL DISTRICT

Vv. § FORT BEND COUNTY, TEXAS
§
DONNA GONZALEZ AKA DONNA M §&
GONZALEZ,
Defendant(s)

PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT

TO THE HONORABLE JUDGE OF SAID COURT:

American Express National Bank, Plaintiff moves for Summary Judgment against

Defendant(s), Donna Gonzalez Aka Donna M Gonzalez, respectfully showing the Court as

follows:

1 This Motion is based upon the pleadings on file and the affidavits attached hereto, which

are fully incorporated herein. Attached hereto as Exhibit “A” and fully incorporated herein

is the affidavit of a duly authorized agent of Plaintiff. The client affidavit includes as an

attachment a true and correct copy of the applicable supporting account documents for

account J

Summary judgment procedure is governed by Rule 166a of the Texas Rules of Civil

Procedure, which states that the judgment sought shall be rendered forthwith if the

summary judgment evidence shows that there is no genuine issue if material fact and the

moving party is entitled to judgment as a matter of law. TRCP Rule 166a (c); State v.

Carrillo, 885 S.W.2d 212, 214 (Tex App. — San Antonio 1994, no writ).

BREACH OF CONTRACT ANALYSIS: CREDIT CARD ACTIONS

In Winchek v. American Express, 232 S.W.3d 197 (Tex. App. - Houston [1*] 2007, no pet.),

the court held that a valid contract was formed by evaluating the terms of the cardmember
agreement. The language in the agreement here and in Winchek is nearly identical in parts

relevant to the Court’s decision.

Parties form a binding contract when the following elements are present: (1) offer, (2)

acceptance, (3) meeting of the minds, (4) mutual consent, and (5) execution and delivery

of the agreement. Wal-Mart Stores, Inc. v. Lopez, 93 S.W.3d 548, 555-56 (Tex. App. -

Houston [14th Dist.] 2002, no pet.); see also Sikander Ghia v. American Express, No. 14-

06-00653, 2007 Tex. App. LEXIS 8194 (Tex. App. — Houston [14" Dist.] Oct. 11, 2007,
no pet.). The agreement in the Winchek case and the agreement in the instant case contain

similar language that “use of [the credit card] means you accept this Agreement.” See

cardmember agreement; Winchek 232 S.W.3d at 204.

Use of a credit card and payments to an account demonstrate the existence of a contract.

Hay v. Citibank, No. 14-04-01131, 2006 Tex. App. LEXIS 8101, at *8 (Tex. App. -

Houston [14"] Sept. 14, 2006, no pet.); see also Winchek, 232 S.W.3d at 197. The Winchek

court articulated the well-established elements for a claim of breach of contract: (1) the

existence of a valid contract; (2) performance or tendered performance by the plaintiff; (3)

breach of the contract by the defendant; (4) damages sustained as a result of the breach. Id.

at 202 (citing Prime Products, Inc. v. S.S.I. Plastics, Inc., 97 S.W.3d 631, 636 (Tex. App.

2002, pet. denied).

“Delivery may be proved by acts or words showing that the parties intended the contract

to become effective. When the parties manifest an intent through their actions and words

that the contract become effective, delivery is shown. In other words, when Parties

manifest an intent through their actions and words that a contract become effective, manual

delivery is immaterial to contract validity.” Duran v. Citibank (South Dakota), N.A., No.
01-06-00636-CV, 2008 Tex. App. LEXIS 2060, at *10 (Tex. App. - Houston [1S] Mar. 20,

2008) (citations omitted).

Regarding the final element of breach of contract claim (damages), the Winchek court

accordance significance to the facts that the card issuer sent monthly statements to the

defendant, that each set forth in detail all the debits and credits to the account, and that each

statement reflected the total amounts due and owing by the defendant. Thus, the court

concluded the card issuer “met its burden to show...damages sustained.” Winchek, 232

S.W.3d at 205.

In Sikander Ghia v. American Express Travel Related Services, Inc., 2007 Tex. App.

LEXIS 8194 (Tex. App. - Houston [14] Oct. 11 2007, no pet.), the appellate court

addressed the issue of proof necessary to show contract formation and breach of contract

damages in a credit card action. The Sikander court stated “American Express was not

required to outline each transaction comprising this balance,” when addressing the issue of

whether sufficient evidence existed regarding the balance owed. The court’s analysis was

as follows:

Appellant complains that [the creditor] did not present evidence
specifically outlining each transaction to prove it was properly billed
. . We recognize [the creditor] did not present . . . evidence [of]
every monthly statement since inception of the account; rather, it
attached statements for 2004 only... However, we conclude [the
creditor] was not required to outline each transaction outlining this
balance.

Sikander Ghia, 2007 Tex. App. LEXIS at *13.

The cardmember agreement in the Sikander case had provisions similar to the cardmember

agreement in this case requiring the cardholder to object in writing within sixty days after

the statement is issued to indicate any erroneous charges. The Sikander court determined

this provision of the agreement combined with the fact that the Defendant received monthly
statements as a sufficient basis to determine she was bound to pay the total amount due

even though every statement detailing every charge was not produced. Jd. at *14.

10. Based on the foregoing, and the exhibits attached to this motion, there is no genuine issue

of material fact and Plaintiff is entitled to summary judgment as a matter of law on all

issues, all claims, all theories of damages, and all parties.

WHEREFORE, American Express National Bank, Plaintiff, respectfully requests that this

matter be set for hearing and that after hearing the Court rule that there is “no genuine issue of

material fact and that the Plaintiff is entitled to judgment as a matter of law” and that Plaintiff be

granted summary judgment against Defendant(s), Donna Gonzalez Aka Donna M Gonzalez, for

the following:

1 The principal damages amount claimed for in Plaintiffs Complaint of
$38,647.29 minus any payments received after filing this litigation, and
2. All costs of this proceeding.
Respectfully submitted,
ZWICKER & ASSOCIATES, P.C.
A Law Firm Engaged in Debt Collection
Attorneys for Plaintiff
14090 Southwest Freeway, Ste. 408
Sugar Land, TX 77478
ZATE Litigation@ZwickerPC.com
(281) 494-0300
(281) 494-0213 fax
BY: AOESEL_
[ ] JOHNETTA LANG, ESQ.
State Bar Number 24036943
[] TREVON WATSON, ESQ.
State Bar Number 24125451
[] TABITHA HAYNES, ESQ.
State Bar Number 24118986
[ ] DEIDRE HARRIS, ESQ.
State Bar Number 24058586
AJEET BADESHA, ESQ.
tate Bar Number 24125994
CERTIFICATE OF SERVICE
Thereby certify that on the 7 DA day of AUoUst, 2022, this office served a true and correct
copy of the foregoing in accordance with the Rule 21a of the Texas Rules of Civil Procedure upon
the below listed interested parties via

[“] First-Class Mail
[ ]E-Service
[ ] Certified Mail

DONNA GONZALEZ AKA DONNA
M GONZALEZ
3206 OAK PARK LN
MISSOURI CITY, TX 77459

LEVEE
[ ] JOHNETTA LANG, ESQ.
[ ] TREVON WATSON, ESQ.
[ ] TABITHA HAYNES, ESQ
[ ] DEIDRE HARRIS, ESQ.
[<_AJEET BADESHA, ESQ.
NO. 19-DCV-268925

AMERICAN EXPRESS NATIONAL § IN THE DISTRICT COURT
BANK,
Plaintiff § 400TH JUDICIAL DISTRICT

Vv. § FORT BEND COUNTY, TEXAS

DONNA GONZALEZ AKA DONNA M §
GONZALEZ,
Defendant(s)

EXHIBIT LIST FOR
PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT

Exhibit “A” Affidavit of Duly Authorized Agent of Plaintiff
Includes True and Correct Copy of Applicable Supporting Account Documents

Exhibit “B” Non-Military Status Verification
Attachments Include:
Official Printout from the United States Department of Defense-Manpower Data Center that
Defendant is Not an Active Member of the Armed Forces Currently on Duty

AMERICAN EXPRESS NATIONAL BANK V. DONNA GONZALEZ AKA DONNA M GONZALEZ
EXHIBIT “A”
Affidavit in Support of Judgment

AMERICAN EXPRESS NATIONAL BANK V. DONNA GONZALEZ AKA DONNA M GONZALEZ
DONNA GONZALEZ AKA DONNA M GONZALEZ
Account ending in:

AFFIDAVIT OF PLAINTIFF

I, Raquel Hernandez, declare and state as follows:

1 Tam an Assistant Custodian of Records for AMERICAN EXPRESS NATIONAL BANK
("Plaintiff"), a national bank organized under the laws of the United States, ("American Express" hereinafter),
with its headquarters located at 115 W. Towne Ridge Parkway, Sandy, Utah 84070.

2 In my capacity as Assistant Custodian of Records for American Express, I am familiar with the
ongoing credit card business operations and practices of American Express, particularly with respect to its
recordkeeping computer systems, credit card agreements and billing for various types of accounts issued by
American Express. I have access to the business records relating to credit card accounts issued by American
Express, including, in particular, the records of cardmember accounts and the applicable card agreements. I
have personal knowledge of American Express’ regular practices and procedures with respect to: (a) the
transmittal of credit card account agreements, notices, billing statements, and other documents; and (b) quality
assurance controls utilized to ensure that such transmittals are properly made. I also have access to and am
generally familiar with the cardmember account records created and maintained by American Express.
Except where based on my review of records and documents regularly maintained in the ordinary course of
business, all of the matters set forth herein are within my personal knowledge and are true and correct and, if
called as a witness, I could competently testify thereto.

3 The billing statements and other documents referred to herein were created at or near either the
time of the transactions or the time the original statements were made and have been kept by American
Express in the ordinary course of business. In my experience, the systems used by American Express to
create and maintain data for and to produce billing statements and other documents are reliable and kept in a
good state of repair, and American Express’ procedures for inserting transaction and other data into the
systems have built-in safeguards to ensure accuracy and identify errors. Duplicate statements can be obtained
only by authorized American Express personnel or authorized agents pursuant to proper procedures, which
must be followed in order to obtain the statements. The other records referred to herein were created and kept
in the ordinary course of business by American Express and were created at or near the time of the occurrence
of the matters set forth by those records and/or were created based upon information transmitted by a person
with knowledge of the matters set forth in those records. It is the regular business practice of American
Express to make and keep said records. The statements contained in this affidavit are made based on my
personal knowledge of the business records practices of American Express.

4 All American Express credit card accounts are governed by a written agreement (the
“Cardmember Agreement”) setting forth the terms and conditions of the account. When an American Express
account is opened, the Cardmember Agreement is provided to the cardmember. The Cardmember Agreement
provides that use of the card constitutes acceptance of the agreement.

5 All American Express Cardmember Agreements expressly provide that American Express may
change the terms of the Cardmember Agreement from time to time. American Express advises current
cardholders of changes through change-in-terms notices, which are either mailed to American Express
cardmembers in separate mailings or included with or printed on the cardmembers’ monthly billing
statements.

ZATE
TX_AENB_001
DONNA GONZALEZ AKA DONNA M GONZALEZ
Account ending in: Il

6 American Express maintains computerized records of the amounts due and owing to American
Express for any transactions that occur when an individual uses an American Express credit card. The
computerized records reflect all debits and credits in connection with the use of an American Express credit
card. American Express sends or otherwise makes available monthly billing statements to cardmembers who
carry a balance or are otherwise required to receive a monthly statement.

7 I have personally reviewed American Express’ records concerning defendant DONNA
GONZALEZ AKA DONNA M GONZALEZ (“Defendant”). Those records reflect that Defendant opened an
American Express credit card account, the current account number ending in 008 (previously 002) (the
“Account”) in 07/2011. Consistent with American Express’ standard business practices, American Express’
records reflect that it mailed Defendant’s credit card, together with a copy of Defendant’s Cardmember
Agreement, to Defendant when American Express opened Defendant’s Account. Copies of each of these
Cardmember Agreements were transmitted to Defendant as they were periodically revised or updated. A true
and correct copy of the Cardmember Agreement in effect at the time of cancellation of the Account is
annexed hereto as Exhibit “A”.

8 American Express’ records further reflect that Defendant used the Account to pay for various
goods and services and/or obtain cash advances. Consistent with American Express’ standard business
practices, American Express’ records reflect that it transmitted monthly billing statements to Defendant.
There is no record of Defendant ever asserting a valid unresolved objection to the balance shown as due and
owing on the monthly statements provided to Defendant.

9. Pursuant to American Express’ records, under the terms of the Cardmember Agreement,
Defendant defaulted in making the payments due on the Account. American Express’ records reflect that
American Express closed Defendant’s Account. After giving Defendant credit for all payments made, if any,
the amount justly due and owing as of 06/30/22 is $38,647.29, exclusive of court costs and attorneys’ fees. A
true and correct copy of the monthly Account Statements for the defendant’s Account for the period(s)
08/20/19 to 09/20/19 is annexed hereto as Exhibit “B”.

10. Defendant’s Account has not been sold or assigned by American Express, the original creditor
of the account.

ZATE
TX_AENB
001
DONNA GONZALEZ AKA DONNA M GONZALEZ
Account ending in:

11. Upon information and belief, the Defendant is not now, nor has been within 30 days hereof, in
the military service of the United States as defined in the Servicememhers Civil Relief Act as amended nor an
infant, incompetent, under mental defect or infirm.

Dated: ~] | 5 | 202 By:
Name: Raquel Hernandez
Title: Assistant Custodian of Records

STATE OF ARIZONA
COUNTY OF MARICOPA

Subscribed and sworn (or affirmed) before me this : day of , 2022

(Seal)
Prt Urvp—
Notary

Ry
ERs
E ao DANIELA ARRIAGA ESPINOZA
8yi Notary Public - Arizona
3 &
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Maricopa County
See Commission = 614491
My Comm. Expires Oct 8, 2025

ZATE
TX_AENB_001
EXHIBIT A
HICR
Cardmember Agreement: Part 1 of 2 As of: 07/25/2011
Gold Card Cardmember Name: DONNA GONZALEZ
Issuer: American Express Centurion Bank Accoun'

Fees Table
a
Annual Membership Fee $0 for the first year, then $125
Transaction Fees
+ Foreign Transaction 2.7% of each transaction after conversion to US dollars.
Penalty Fees
+ Late Payment Up to $35; however, if you do not pay for two billing periods in a row,
your fee will be $35 or 2.99% of the past due amount, whichever is greater.
+ Returned Payment Up to $35
How we calculate interest: We use the Average Daily Balance method (including new transactions). See the How we
calculate interest section in Part 2.
Your Billing Rights: See Part 2 for information on how to exercise your rights to dispute transactions.

MEE, CVAEUAOTO000001 996583 995079 Page 1 of2
How Rates and Fees Work
RU RCUx Aolcs Tse oc eu lene} Tele ae Ol COE ee ee) ce Ca
Penalty APR for The penalty APR applies to new transactions if: if the Penalty APR applies to a balance, it will
new transactions * you do not pay at least the Minimum Payment Due apply to charges added to that balance 15 or
by the Closing Date of the billing period in which it more days after we send you notice.
is due 2 times in 12 billing periods, or
* your payment is returned by your bank. We will review your Account every 6 months after
the Penaity APR is applied. The Penalty APR will
continue to apply until you have made timely
payments with no retumed payments during the 6
months being reviewed.
Penalty APR for existing If you do not pay at least the Minimum Payment Due within 60 days after its Payment Due Date, we can
balances apply the penalty APR to those balances it does not already apply to. After you pay on time for 6 billing
periods in a row, the penalty APR will no longer apply to those balances (but it may still apply to other
balances as described above).

Annual Membership This fee is on the Rates and Fees Table on page 1 of Part 1. We will charge $35 for up to 5 additional
cards, then $35 for each additional card thereafter.
Late Payment Up to $35 or 2.99% of the amount past due. If you do not pay the Amount Due on a billing statement
before the 10th day after the next Closing Date, the fee is $25. If this happens again within the next 6
billing periods, the fee is $35 instead. In both cases, if you do not pay the amount past due by the
following Closing Date, we will charge, in that same billing period, the greater of $35 or 2.99% of the
amount past due. For each subsequent billing period that an amount past due remains unpaid, the fee is
the greater of $35 or 2.99% of any amount past due. However, the late fee will not exceed the Minimum
Payment Due. Paying late may also result in a Penalty APR. See Penalty APR for new transactions and
Penalty APR for existing balances above.
Returned Payment Up to $35. If your payment is returned unpaid the first time we present it to your bank, the fee is $25. If
this happens again within the next 6 billing periods, the fee is $35. However, the returned payment fee
will not exceed the Minimum Payment Due on the last Payment Due Date before the payment is
returned. A returned payment may also result in a Penalty APR. See Penalty APR for new transactions
above.
Returned Check $38 if you use your card to cash a check at one of our approved locations and the check is returned
unpaid. We will also charge you the unpaid amount.
Statement Copy $5 for each statement you request, except for the 3 most recent billing periods.
Account Re-opening $25 if your Account is cancelled, you ask us to re-open it, and we do so.
Foreign Transaction 2.7% of the converted U.S. dollar amount. This fee is a finance charge. See Part 2 for Converting
charges made in a foreign currency.

Part 1, Part 2 and any supplements or amendments make up your Cardmember Agreement.

MEE) CMAEUAOTO000001 996583 995079 Page
2 of 2
27896
Notice of Changes to the Enclosed Cardmember Agreement
The terms of your Account are subject to change in accordance with the American Express Cardmember Agreement
(‘Agreement’) governing your Account referenced in or with this notice. Any language in the enclosed Agreement contrary
to or conflicting with terms amended herein is replaced fully and completely. All terms of that Agreement not amended
herein remain in full force and effect. These changes apply to existing balances and future balances on your Account. We
urge you and any Addilional Cardmembers on your Account to read this notice carefully and file it along with your
Agreement in a safe place for future reference.

Pay Over Time Minimum Due
We are changing how we calculate your Pay Over Time Minimum Due. Your Pay Over Time Minimum Due will be at least
$35. However, it will not exceed the Pay Over Time New Balance shown on the statement.

Effective August 1, 2011, line “(3)” of the How we calculate your Minimum Payment Due section in Part 2 of your
Cardmember Agreement is deleted and replaced with “(3) $35.” The same change applies to the EXAMPLE: Pay Over
Time Minimum Due shown in that section.

Also effective August 1, 2011, the dollar amount shown in the last paragraph of Adjusting your Pay Over Time Minimum
Due is deleted and replaced with “$210.”

Ri
We are not making any changes to the Returned Payment Fee, however, we have made some clarifications to the
language. We are including the revised section for your convenience.

Effective immediately, the Returned Payment Fee section on Page 2 of Part 1 of your Cardmember Agreement is deleted
and replaced with the following:
“Up to $35. If you make a payment that is returned unpaid the first time we present it to your bank, the fee is $25. If you
do this again within the same billing period or the next 6 billing periods, the fee is $35. However, the returned payment
fee will not exceed the applicable Minimum Payment Due. A returned payment may also result in a Penalty APR. See
Penalty APR for new transactions above.”

Late Payment Fee
We are not making any changes to the Late Payment Fee, however, we have made some clarifications to the language.
We are including the revised section for your convenience.

Effective immediately, the Late Payment Fee section on Page 2 of Part 1 of your Cardmember Agreement is deleted and
replaced with the following:
“Up to $35 or 2.99% of the amount past due. If you do not pay the Amount Due on a billing statement before the 10th day
after the next Closing Date, you will be charged a late payment fee. This fee will be $25, or $35 for a subsequent late
payment in the next 6 billing periods. In addition, if you do not pay an Amount Due for two billing periods in a row, we will
charge the greater of $35 or 2.99% of the amount past due. The late fee will not exceed the Minimum Payment Due.
Paying late may also result in a Penalty APR. See Penalty APR for new transactions and Penalty APR for existing
balances above.”

CMAEUDFYI000115
FDR 996583 Cardmember Agreement: Part 2 of 2 Doc 27303

How Your American Express Account Works
Introduction
en
aA ee a TEE
About your This document together with Part 1 make up the amendments are also part of the Agreement. When
Cardmember Agreement Cardmember Agreement (Agreement) for the Account you use the Account (or you sign or keep the card), you
identified on page 1 of Part 1. Any supplements or agree to the terms of the Agreement.
Changing the Agreement We may change this Agreement, subject to applicable some terms may require 45 days advance notice,
law. We may do this in response to the business, legal or and we will tell you in the notice if you have the right
competitive environment. to reject a change. We cannot change certain terms
We cannot increase the interest rate on existing during the first year of your Gardmembership.
balances except in limited circumstances. Changes to
Words we use in We, us, and our mean the issuer shown on page 1 of Card means any card or other device that we issue to
the Agreement Part 1. You and your mean the person who applied for access your Account. A charge is any amount added
this Account and for whom we opened the Account. You to your Account, such as purchases, fees and interest
and your also mean anyone who agrees to pay for this charges. A purchase is a charge for goods or services.
Account. You are the Basic Cardmember. You may To pay by a certain date means to send your payment
request a card for an Additional Cardmember (see
so that we receive it and credit it to your Account by
About Additional Cardmembers on page 4 of Part 2). that date (see About your payments on page 2 of Part
2).
About using your card
Using the card You may use the card to make purchases. You may also You may arrange for certain merchants to charge your
use the card at an ATM to get cash from a checking Account at regular intervals. We may (but are not
account you designate. required to) tell these merchants about your Account
We decide whetherto approve a charge based on how status or changes to your card number or expiration
you spend and pay on this Account and other accounts date. You must notify the merchants directly if you want
you have with us and our affiliates. We also consider them to stop charging your Account.
your credit history and your personal resources that we Keep your card safe and don't let anyone else use it. If
know about. your card is lost or stolen or your Account is being used
without your permission, contact us right away. You
may not use your Account for illegal activities.

Promise to pay You promise to pay all charges, including:
+ charges you make, even if you do not present your card or sign for the transaction,
* charges that other people make if you let them use your Account, and
+ charges that Additional Cardmembers make or permit others to make.

Declined transactions We may decline to authorize a charge. Reasons we may We are not responsible for any losses you incur if we
do this include suspected fraud and our assessment do not authorize a charge. And we are not responsible
of your creditworthiness. This may occur even if your if any merchant refuses to accept the card.
Account is not in default.
About Pay Over We may add features to your Account that allow you to the U.S. If you enroll in the Extended Payment Option,
Time features pay certain charges over time. These features include we will automatically place ail eligible charges into a
Select & Pay Later, Sign & Travel® and the Extended Pay Over Time balance. A charge is eligible if it equals
Payment Option. or is more than a certain dollar amount. We will tell
Select & Pay Later lets you pay a charge over time in you this amount when you enroll, and it is subject
two ways. You may ask a travel industry merchant at the to change. We will tell you if we change it. Certain
time you make the charge, or ask us after the charge charges are not eligible, such as cash and similar
appears on your statement. If we approve your request, transactions.
we will place the charge into a Pay Over Time balance. If We will not place any charge into a Pay Over Time
we decline your request, you must pay the charge in full balance if it causes the total of your Pay Over Time
upon receipt of your billing statement. balances to go over $35,000. We will tell you if we
if you enroll in Sign & Travel, we will automatically place change that amount. You must pay in full all charges
eligible travel-related charges into a Pay Over Time that are not placed into a Pay Over Time balance upon
balance. Some examples are airline and cruise ship receipt of your billing statement. We may change which
tickets, hotels, car rentals and charges made outside charges are eligible to be placed into a Pay Over Time
balance.

Page 1 of10
About your payments
When you must pay Payment of the New Balance is due upon receipt of Each statement also shows a Closing Date. The
your statement. if a statement includes a Pay Over Time Closing Date is the last day of the billing period covered
balance, it will show a Minimum Payment Due. In this by the statement. Each Closing Date is about 30 days
case, you must pay at least the Minimum Payment Due after the previous statement’s Closing Date.
by the Payment Due Date. Each statement also states
the time and manner by which you must make your
payment for it to be credited as of the same day itis
received.
How to make payments Make payments to us in U.S. dollars with: statement. If we receive it after that time, we will credit
+ a single check drawn on a U.S. bank, or the payment on the day after we receive it.
* a single negotiable instrument ciearable through the If your payment does not meet the above requirements,
U.S. banking system, for example a money order, or there may be a delay in crediting your Account. This
+ an electronic payment that can be cleared through the
U.S. banking system.
may result in late fees and additional interest charges
(see How Rates and Fees Work on page 2 of Part 1).
When making a payment by mail:
+ make a separate payment for each account, Ifwe decide to accept a payment made in a foreign
currency, we will choose a rate to convert your payment
+ mail your payment to the address shown on the pay- into U.S. dollars, unless the law requires us to use a
ment coupon on your billing statement, and
particular rate.
+ write your Account number on your check or negotiable
instrument and include the payment coupon. Ifwe process a late payment, a partial payment or a
payment marked with any restrictive language, that will
If your payment meets the above requirements, we will have no effect on our rights and will not change this
credit it to your Account as of the day we receive it, as. Agreement.
long as we receive it by the time disclosed in your billing

How we apply payments if a statement includes a Pay Over Time balance, it will After the Minimum Payment Due has been paid, we
and credits show a Minimum Payment Due. The Minimum Payment apply payments to the remaining Pay Over Time
Due is the Pay In Full New Balance plus the Pay Over balance. When we do this, we apply payments first to
Time Minimum Due. the balance with the highest interest rate and then to
If you have a Pay Over Time balance, we generally apply balances with lower interest rates.
payments—up to the Minimum Payment Due—first to the In most cases, we apply a credit to the same balance
Pay Over Time Minimum Due and then to the Pay In Full as the related charge. We may apply payments and
New Balance. When applying a payment to the Pay Over credits within balances, and among balances with the
Time Minimum Due, we apply it first to the balance with same interest rate, in any order we choose.
the towest interest rate and then to balances with higher
interest rates.
About your Minimum Payment Due
How we calculate your The Minimum Payment Due is the Pay In Full amount plus any Pay Over Time Minimum Due.
Minimum Payment Due To calculate the Pay Over Time Minimum Due for each
statement, we start with the highest of the following EXAMPLE: Pay Over Time initmain Du
three amounts:
(1) 2% of the Pay Over Time New Balance; or ume th your Pay Over Time New Balance is
(2) interest charged on the statement plus 1% of the $3,000,in tis $29.57 (see the example the .
Pay Over Time New Balance (excluding interest on a aCe
the statement), not to exceed 4% of the Pay Over
Time New Balance; or wy x $3, 360,
(3) $20. 7 +1! 000 - $29.57) = §:
Then we round to the nearest dollar. After that, we add
any Pay Over Time amount past due.
However, your Pay Over Time Minimum Due will not
(3) $20
The highest of the
So the Pay Ov
vee amounts is $60. »
S $60.4 10.
exceed your Pay Over Time New Balance.
Adjusting your Pay Over If you regularly pay more than the Minimum Payment Due described above, we may adjust the Pay Over Time
Time Minimum Due Minimum Due in future billing periods, This may let you make a smaller minimum payment from time to time, But
if you then do not regularly pay more than the Minimum Payment Due described above, we will stop making the
adjustment and return to the formula above. if we start or stop making the adjustment, we will do so for at least six
billing periods in a row.
To adjust the Pay Over Time Minimum Due, we will not add 1% of the Pay Over Time New Balance in (2). Then, if
(2) is the highest (but less than 4% of the Pay Over Time New Balance), we will add $15.
‘We will do this if over six billing periods the sum of payments credited to your Pay Over Time balance is more
than the sum of the Pay Over Time Minimum Dues (not adjusted, except any Pay Over Time amount past due is
counted only in the first of those six periods). We will also make the adjustment if over six billing periods the sum of
the Pay Over Time Minimum Dues (not adjusted) is not more than $120 and equals the sum of payments credited
to your Pay Over Time balance. However, we will not make the adjustment if the sum of the Pay Over Time
Minimum Dues is zero and we did not adjust the Pay Over Time Minimum Due the last time it was not zero,
Version 996583 Page 2 of 10
About interest charges on Pay Over Time balances
When we charge interest For charges added at your request statement, then on that next statement we will not
We charge interest on charges that are added at your charge interest on those charges.
request to a Pay Over Time balance as of the date If you paid the Account Total Previous Balance on a
the charge is added. If you pay the Account Total New statement by its Closing Date, and you pay less than
Balance on a statement by the Closing Date on the next
the Account Total New Balance on that statement by
statement, then on that next statement we will not charge
the Closing Date of the next statement, then we will
interest on any Pay Over Time portion of that Account
Total New Balance.
not charge interest on the portion of automatically
added charges that we apply your payment to. But we
For charges added automatically will charge interest on the remaining portion of those
We charge interest on charges that are added charges.
automatically to a Pay Over Time balance beginning on
Also, we will not charge interest on automatically added
the transaction date. However, you can avoid paying
charges shown on a statement if the Account Total
interest on those charges as described below. Previous Balance on that statement is zero or a credit
If you pay the Account Total New Balance on a statement balance,
by the Closing Date shown on the next

How we calculate interest We calculate interest for a billing period by first figuring the interest on each balance. Balances within each feature—
‘such as Select & Pay Later, Sign & Travel and Extended Payment Option—may have different interest rates.
We use the Average Daily Balance method (including Daily Balance
new transactions) to figure interest charges for each For each day a DPR is in effect, we figure the daily
balance. The total interest charged for a billing period is balance by:
the sum of the interest charged on each balance. * taking the beginning balance for the day,
Interest + adding any new charges,
The interest charged fora balance in a billing period, * subtracting any payments or credits; and
except for variations caused by rounding, equals: » making any appropriate adjustments.
* Average Daily Balance (ADB) x We add a new charge to a daily balance as of its
* Daily Periodic Rate (DPR) x transaction date.
* number of days the DPR was in effect.
Beginning balance
ADB For the first day ofa billing period, the beginning
To get the ADB for a balance, we add up its daily balance is the ending balance for the prior billing
balances. Then we divide the result by the number of period, including unpaid interest. For the rest of the
days the DPR for that balance was in effect. If the daily billing period, the beginning balance is the previous
balance is negative, we treat it as zero. day's daily balance plus an amount of interest equal to
DPR the previous day’s daily balance multiplied by the DPR
ADPR is 1/365th of an APR, rounded to one ten- for that balance. This method of figuring the beginning
thousandth of a percentage point. Your DPRs are shown balance results in daily compounding of interest.
in How Rates and Fees Work on page 2 of Part 1. ‘When an interest rate changes, the new DPR may
come into effect during—not just at the beginning
of—the billing period. When this happens, we will
Calculating In ferest. create a new balance and apply the new DPR to it. To
, get the beginning balance on the first day for this new
@ that you have a (unble nerest ad o balance, we multiply the previous day's daily balance
99%, your A ee Medod x they a by the old DPR and add the result to that day's daily
the billing perio. balance.
ie
‘TheDi 15.99% lays = 0.04. Other methods
The t x 30 days = $29.57 To figure the ADB and interest charges, we may use
other formulas or methods that pro

Case Info

Judge

Tamecia S. Glover Track Judge’s New Case

Case No.

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Document Filed Date

August 02, 2022

Case Filing Date

November 25, 2019

County

Parties

American Express National Bank Plaintiff
Gonzalez, Donna Defendant
Mirza Kamal Baig Attorney for the Plaintiff
Sharrard Owens Attorney for the Plaintiff
Johnetta Lang Attorneys for Plaintiffs
Trevon Watson Attorneys for Plaintiffs
Deidre Harris Attorneys for Plaintiffs
Ajeet Badesha Attorneys for Plaintiffs
Melissa Reed Attorney
Chidiebele Oha Attorneys for Plaintiffs
Robert Jenkins Attorney
Dawn Rogers Attorneys for Plaintiffs
Brenda Owoeye Attorneys for Plaintiffs
Humza Khan Attorneys for Plaintiffs
Nicholas Pelini Attorneys for Plaintiffs
Olen Manning Attorneys for Plaintiffs

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Motion,Ex Parte: American Express National Bank v. Donna Gonzalez aka Donna M Gonzalez

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