Preview
FILED: NASSAU COUNTY CLERK 01/04/2022 04:40 PM INDEX NO. 617091/2019
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 01/04/2022
JAIRO PINTO AKA JAIRO A PINTO
Account ending in: 2003
1
AFFIDAVIT OF FACTS BY ORIGINAL CREDITOR
2
3
The undersigned, being duly sworn, deposes and says:
4
1. This Affidavit of Facts by Original Creditor is intended to comply with the
5
Uniform Civil Rules for SUPREME Courts. See below in this paragraph 1, and also below in
6
paragraphs 4, 9, and 11. I am an Assistant Custodian of Records of Plaintiff, AMERICAN
EXPRESS NATIONAL BANK ("Plaintiff"), a national bank organized under the laws of the
8
Express"
United States, ("American hereinafter), with its headquarters located at 115 W. Towne
9
Ridge Parkway, Sandy, Utah 84070, and I have personal knowledge of and access to Plaintiff's
10
books and records, relating to the account ("Account") of JAIRO P1NTO AKA JAIRO A PINTO
11
("Defendant"). The last four digits of the Account number are 2003 (previously 1005). In my
12
position as Assistant Custodian of Records for American Express, I have personal knowledge of
13
Plaintiff's procedures for creating and maintaining its Business Records. Plaintiff's Business
14
Records were made in the regular course of business, and it was in the regular course of such
15
business to make the Business Records. The records were made at or near the time of the events
16
recorded. Based on my review of Plaintiff's Business Records, I have personal knowledge of the
17
1 facts set forth in this affidavit.
18
2. I am familiar with the ongoing credit card business operations and practices of
19
American Express, particularly with respect to its recordkeeping computer systems, credit card
20
agreements and for various types of accounts issued American Express. I have access
billing by
21
to the business records relating to credit card accounts issued by American Express, including, in
22
particular, the records of cardmember accounts and the applicable card agreements. I have
23
Express'
personal knowledge of American regular practices and procedures with respect to: (a)
24
the transmittal of credit card account agreements, notices, billing statements, and other
25
documents; and (b) quality assurance controls utilized to ensure that such transmittals are
26
properly made. I also have access to and am generally familiar with the cardmember account
27
records created and maintained by American Express. Except where based on my review of
28
records and documents regularly maintained in the ordinary course of business, all of the matters
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FILED: NASSAU COUNTY CLERK 01/04/2022 04:40 PM INDEX NO. 617091/2019
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 01/04/2022
JAIRO PINTO AKA JAIRO A PINTO
Account ending in: 2003
1
set forth herein are within my personal knowledge and, if called as a witness, I could
2
competently testify thereto.
3
3. In my experience, the systems used by American Express to create and maintain
4
data for and to produce billing statements and other documents are reliable and kept in a good
5
Express'
state of repair, and American procedures for inserting transaction and other data into
6
the systems have built-in safeguards to ensure accuracy and identify errors. Duplicate statements
7
can be obtained only by authorized American Express personnel or authorized agents pursuant to
8
proper procedures, which must be followed in order to obtain the statements. The other records
9
referred to herein were created and kept in the ordinary course of busiñêss by American Express
10
and were created at or near the time of the occurrence of the matters set forth by those records
11
and/or were created based upon information transmitted by a person with knowledge of the
12
matters set forth in those records. It is the regular business practice of American Express to make
13
and keep said records. The statements contained in this affidavit are made based on my personal
14
knowledge of the business records practices of American Express.
15
4. Plaintiff and Defendant entered into a credit agreement ("Agreement"). Defendant
16
agreed to pay Plaintiff for all goods, services and cash advances provided pursuant to the
17
Agreement. The amount of the last posted payment, if any, made was $1,442.69, made on
18
09/23/19. Defendant is now in default and demand for payment has been made. A true and
19
"A."
correct copy of the billing statement showing a payment is attached as Exhibit
20
5. All American Express credit card accounts are governed by a written agreement
21
setting forth the terms and conditions of the account. When an American Express account is
22
opened, the Cardmember Agreement is provided to the cardmember. The Cardmember
23
Agreement provides that use of the card constitutes acceptance of the agreement. A true and
24
"B."
correct copy of the Agreement is attached as Exhibit
25
6. All American Express Cardamba Agreements expressly provide that American
26
Express may change the terms of the Cardmember Agreement from time to time. American
27
Express advises current cardholders of changes through change-in-terms notices, which are
28
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FILED: NASSAU COUNTY CLERK 01/04/2022 04:40 PM INDEX NO. 617091/2019
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 01/04/2022
JAIRO PINTO AKA JAIRO A PINTO
Account ending in: 2003
1
either mailed to American Express cardmembers in separate mailings or included with or printed
2 .
cardmembers'
on the monthly billing statements.
3
Express'
7. I have personally reviewed American records concerning Defendant.
4
Those records reflect that Defendant opened the Account in 05/11/18. Consistent with American
5
Express' Express'
standard business practices, American records reflect that it mailed
6
Defendant's credit card, together with a copy of Defendant's Cardmember Agreement, to
7
Defendant when American Express opened Defendant's Account. Copies of each of these
8
Cardmember Agreements were transmitted to Defendant as they were periodically revised or
9
updated.
10
8. American Express maintains computerized records of the amounts due and owing
11
to American Express for any transactions that occur when an individual uses an American
12
Express credit card. The computerized records reflect all debits and credits in connection with
13
the use of an American Express credit card. American Express sends or otherwise makes
14
available monthly billing statements to cardmembers who carry a balance or are otherwise
15
required to receive a monthly statement.
16
9. I have personal knowledge of Plaintiff's procedures for generating and mailing
17
account statements to customers. It is the regular practice of Plaintiff's business to provide
18
periodic account statements to its customers. On or about 10/09/19, Plaintiff sent one or more
19
account statements relating to the Account to Defendant stating the amount due as $15,600.22.
20
The account statements were mailed to Defendant's last known address and Plaintiff's records do
21
not reflect that the statement(s) were returned by the post office or that the Defendant objected to
22
them. A true and correct copy of the final account statement is attached as Exhibit "C".
23
Express'
10. Pursuant to American records, under the terms of the Cardmember
24
Agreement, Defendant defaulted in making the payments due on the Account. American
25
Express'
records reflect that American Express closed Defendant's Account.
26
11. At this time, Defendant owes $15,600.22, on the Account. This amount includes a
27
charge-off balance of $15,600.22, post-charge-off interest of $0.00, post charge off fees and
28
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FILED: NASSAU COUNTY CLERK 01/04/2022 04:40 PM INDEX NO. 617091/2019
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 01/04/2022
JAIRO PINTO AKA JAIRO A P1NTO
Account ending in: 2003
1
charges of $0.00, less any post-charge-off credits or payments made by or on behalf of the
2
Defendant of $0.00.
3
12. Defendant's Account has not been sold or assigned by American Express, the
4
original creditor of the account.
5
13. The information set forth herein is true and correct to the best of the undersigned's
6
knowledge, information and belief and, if called as a witness, I could competently testify thereto.
7
14. Upon information and belief, the Defendant is not now, nor has been within 30
8
days hereof, in the military service of the United States as defined in the Serviccmembers Civil
9
Relief Act as amended nor an infant, incompetent, under mental defect or infirm.
10
11
WHEREFORE. deconent demands judanent against Defendant for $15,600.22, together with
12
the costs and disbursements of this action.
13
The above statements are true and correct to the best of my nersonal knowledge.
14
Dated: By
Nénig William A McCarter
Title: Assistant Custodian of Records
17
STATE OF ARIZONA
18 COUNTY OF MARICOPA
19 Subscribed and sworn (or before me this of , 2021
affirmed) day
20
(Seal)
21
Notary
23 AMANDA VIOT WOU.ASTON 1
- Notary Public - Arizona
MaricopaCounty
24 Commission# 609197
My Comm.ExpiresJul 21, 2025
26
27
28
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FILED: NASSAU COUNTY CLERK 01/04/2022 04:40 PM INDEX NO. 617091/2019
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 01/04/2022
"A"
EXHIHIT
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FILED: NASSAU COUNTY CLERK 01/04/2022 04:40 PM INDEX NO. 617091/2019
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 01/04/2022
Amex EveryDay® Preferred Credit Card p. 1/9
JAIRO A PINTO
Closing Date 10/09/19 Accoun1 ! 303
New Balance
www.mernbershiprewards.com
M|n em Payment Due $L966.20
Includes the past due amount of $1,442.69
Payment Due Date 11703719
Account s:
Late Payment Warning: If we do not receive your M!n!mem Payment Due by Previous Balance $15,248.18
the Payment Due Date of 11/03/19, you may have to pay a late fee of up to Payments/Credits ¬$0.00
$39.00 and your APRs rnay be increased to the Penalty APR of 29.99%. New Charges +$0.00
Fees +$28.00
Interest Charged +$324.04
I
Aª‡'== Payment Warning: If you make only theW!mum paymerit each period, New Balance $15,600.22
|
you will pay more in interest and it will take you longer to pay off your balance. For Midmum Payment Due $1,966.20
example:
Credit Limit $15,000.00
If you make no 2dd!fen:! Youwill pay off the balance And you will payan
charges and each month you shown on this statement in estimated total of...
pay... Cash Advance Limit $0,00
about...
Only the Days in Billing Period: 31
e!n!mer Payment Due 24 years $41,882
.ustomer Care
If you would like informat!en about credit cóühsaling services, call 1-888-733-4139.
See page 2 for important nfer±ation about your account. M Pay by Computer
americanexpiese e: /pbc
New York Residents: New York Residents may contact the New York State Customer Care Pay by Phone
Depa½ent of Financial Services by telephone or visitits website for free 1-800-635-5955 1-800-472-9297
:d:=::!:n on comparative credit card rates, fees, and grace periods. New York
Department of Financial Services; 1-800-342-3736 or www.dfs.ny.gov. d See page 3 for additional informat|cn.
7 Your account is past due.
See Page 7 for Important Changes to Your Account Benefits.
Continuedon page3
Pleasefold on the pederation below, detach and return with your payment4
Payment Coupon g Pay by Computer Pay by Phone Account 003
Do notstaple or use paper clips -ic=navpress.com/pbc 1-800-472-9297
Enter 15 digit account # on all pâymEnts.
Make check payable to American Express.
i n am u i a n n m n • • • a n •• • •
rr m--·vr ii-r r rir -rur u n umr
JAIRO A PINTO Payment Due Date
68 BROADWAY 11/03/19
BETHPAGE NY 11714-4902
New Balance
$15,600.22
Minimum Pa ment Due
1,9.66.20
h jgn|l!;‡g H'
gjg||ip|ni|k r i i in
Check here if your address or AMERICAN EXPRESS $
phone number has changed. P.O. BOX 1270 Amount EÊclosed
Note changes on reverse side, NEWARK NJ 071014270
6 of 39
FILED: NASSAU COUNTY CLERK 01/04/2022 04:40 PM INDEX NO. 617091/2019
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 01/04/2022
JAIRO A PINTO Account 003 p. 2/9
Payments: Your payment must be sent to the payment address shown on pic:cat money owed to you If within the six-month period following
your statement and must be received by 5 p.m. local time at that addressto the date of the first statement indicating the credit balance you do not
be credited as of the day it is received, Paymentswe receiveafter 5 p.m will request a refund or charge enough to use up the credit balance, we will
not be credited to your Account until the next day. Paym.entsmust also: (1) send you a check for the credit balance within 30 days if the amount is
include the remittance coupon from your statement; (2) be made with a $100 or more. To request a refund, contact us at the address or phone
single check drawn on a US bank and payable in US dollars, or with a number on page 3 for Customer Care& Billing inquiries.
negotiable instrument payable in USdollars and clearable through the US Credit Reporting: We may report information about your Account to credit
banking system; and (3) include your Account number if your payment bureaus. Late payments, missed payments, or other defaults on your
does not meet all of the above requirements, crediting may be delayed and Account may be reflected in your credit report
you rnay incur late payment fees and additional interest charges,Electronic What To Do If You Think You Find A Mistake On Your 5tatement
payments must be made through an electronic payment method payable If you think there is an error on your statement, write to.us at
irr US dollars and clearable througfrthe US banking system;1f we accept American ExpressiPOBox 98t5357ElPasoTU999845-35
payment in a foreign currency, we will convert it into U5 dollars at a You may alsocontact us on the Web:www.americanexpress.com
conversion rate that is acceptable to us, unless a particular rate is required In your letter, giveus the following information:
by law; Please do not send post dated checks as they will be deposited - Accountinformation: Your name and account number,
upon receipt. Any restrictive language on a payment we accept will have - Dollar amount: The dollar amount of the suspected error.
no effect on us without our express prior written approval. We will re- - Description of Problem: If you think there is an error on your bill,
present to your financial institution any payment that is returned unpaid. describewhat you believe is Wmng énd why you believe it isamistake.
Permission for Electronic WHMrawah (1) When you send a check for You must contact us within 60 daysafter the error appeared on your
payment, you give us permission to electronically withdraw your payment statement.
from your deposit or other asset account We will process checks You must notify us of any potential errors in wiithÿ [ór electronicallyl You
electronically by tremitung the amount of the check, routing number, may call us, but if you do we are not required to investigate any potential
account number and check serial number to your financial institution, errorsand you may have to pay the amount in question.
unless the check is not processable electfonically or a less costly process is While we inst ste whether or not there has been an error, the following
available. When we process your check electronically, your payment may are true:
bewithdrawn from your deposit or other assetaccount assoon asthe same - We cannot try to collect the amount in question, or report you as
day we receive your check, and you will not receive that cancelled check. dhquent on that arnount
with your deposit or other asset account statement If we cannot collect the -The charge in question may remain on your statement, and we may
funds electronically we may issuea draft against your deposit or other asset continue to chargeyou interest on that amount But, if we determine that
account for the amount of the check. (2) By using PayByComputer, Pay By we made a mistake; you will not have to pay the amount in question or any
Phone or any other electronic payment service of ours, you give us interest or other fees related to that amount
permission to electronically withdraw funds from the deposit or other asset -While you do not have to pay the amount in question,you are responsible
account you specify in the amount you request Payments using such for the remainder of your balance,
services of ours received after 8:00 p.m. MST may not be credited until the - We can apply any unpaid amount against your credit limit
next day; Your Rights If Yo re Dissatisfied With Your Credit Card Purchases
How We Calculaite Your Balance: We usethe Average Daily Balance(ADB) If you are dissatisfiedwith the goods or servicesthat you have purchased
method (including new transactions) to calculate the balance on which we with your credit card, and you have tried in good faith to correct the
charge interest on your Account Call the Customer Carenumber on page 3 problem with.the merchant, you may havethe right not to pay the
for more information about this balancecomputation method and how remaining amount due on the purchase.
resultinginterest charges are determined.Themethodweusetofigurethe To usethis right, all of the following must be true:
ADBandinterestresultsindailycompoundingofinterest. 1.The purchase must have been made in your home state or within 100
Paying Interest: Your due date is at least 25 days after the close of each miles of your current mailing address,and the purchase price rnust have
billing period. We will not charge you interest on your purchasesif you pay been more than $50.(Note: Neither of these is necessaryif your purchase
each month your entire balance (or Adjusted Balanceif applicable) by the was based on an advertisement we mailed to you, or if we own the
due date each month. We will charge you interest on cash advances and company that sold you the goods or services.)
(uniessotherwise disclosed) balance transfers beginning on the transaction 2. You must be uwyour credit card for the purchase.Purchasesmade
date. with cashadvancesfrom an ATM or with a check that accessesyour credit
Foreign Currency ChargestIf you make a Charge in a foreign currency, we card account do not qualify.
will convert it into US dollars on the date we or our agents process it We 3. You must not yet have fully paid for the purchase.
will charge a fee of 2.70% of the converted US dollar amount. We will If all of the criteria above are met and you are still dissatisfiedwith the
choose a conversion rate that is eccepteMe to us for that date, unless a purchase, contact us in writing or electronically at:
particular rate is required by law. The conversion rate we use is no more American ExpressPOBox 981535, ElPasoTX79998-1535
than the highest official rate published by a government agency or the www.americanexpress.com
highest interbank rate we identify from customary banking sources on the While we investigate, the same rules apply to the disputed amount as
conversion date or the prior businessday. This rate may differ from rates in discussedabove. After we finish our investigation, we will tell you our
effect on the date of your charge. Charges converted by estab!Bhments decision At that point, if we think you owean amount and you do not pay
(suchas airlines) wiHbe billed at the rates such estabushmentsuse. we may report you as delinquent
Credit Balance: A credit balance (designated CR)shown on this statement
Change of Address
Ifcorrectonfront,donot use.
* Tochangeyouraddressonline,visitwww.americanexpress.com/updMec=•aãnfo Pay Your Bill with AutoPay
• ForName,Company Name,andForeignAddressor Phonechanges,pleasecallCustomerCare. . Avoid late fees
• Pleaseprintclearlyin blueor blackinkonlyin the boxesprovided. Save time
.- __ _.. ........_ _._.. Deduct your payment from your bank
streetAddress account autornatically each month
Visit americanexpress.c:-:/=tcp::y
City,state today to enroll.
ZipCode
AreaCodeand
HomePhone
orkPhone Forinformationon howweprotectyour
.- privacyandto setyourcommunication
Email and privacychoices,pleasevisit
www.americanexpress.com/privacy.
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FILED: NASSAU COUNTY CLERK 01/04/2022 04:40 PM INDEX NO. 617091/2019
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 01/04/2022
Amex EveryDay® Preferred Credit Card p. 3/9
ERI
EEE JAIRO A PINTO
Closing Date 10/09/19 Accouni ! 003
Customer Care & Billing Inquiries 1-800-635-5955 Hearing impaired
international Collect 1-336-393-1111 TTY: 1-800.-221-9950 Website: americanexpress.com
Large Print & Braille Statements 1-800-635-5955 FAX; 1-623-707-4442
Cash Advance at ATMs Inquirles 1-800-CASH-NOW in NY: 1-800-522-1897 Customer Care
8t Billing Inquiries. Payments
P.O.BOX 981535 P.O.BOX 1270
FL PASO,TX NEWARKNJ 07101-
79998-1535 1270
Please refer to the IMPORTANT NOTICES section for any changes to
your Account terms and any other communications on
pages 5-9.
Your AutoPay has been cancelled. Please make ariy paýments using the
payment coupon provided.
Effective immediately,we will update the frec¡uency in which we
cumuist|cate the Billing Rights and Electronic Funds Transfer notices
from annually to manth|y. You will find the monthly Billing Rights
Notice on page 2 of your statement, and the monthly Electronic
Funds Transfer Notice in the IMPORTANT NOTICES section.
Payments and Credits
Sum mary
Total
Payments $0.00
Credits $0.00
Total Payments and Credits $0.00
Payments
Preview
FILED: NASSAU COUNTY CLERK 01/04/2022 04:40 PM INDEX NO. 617091/2019 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 01/04/2022 JAIRO PINTO AKA JAIRO A PINTO Account ending in: 2003 1 AFFIDAVIT OF FACTS BY ORIGINAL CREDITOR 2 3 The undersigned, being duly sworn, deposes and says: 4 1. This Affidavit of Facts by Original Creditor is intended to comply with the 5 Uniform Civil Rules for SUPREME Courts. See below in this paragraph 1, and also below in 6 paragraphs 4, 9, and 11. I am an Assistant Custodian of Records of Plaintiff, AMERICAN EXPRESS NATIONAL BANK ("Plaintiff"), a national bank organized under the laws of the 8 Express" United States, ("American hereinafter), with its headquarters located at 115 W. Towne 9 Ridge Parkway, Sandy, Utah 84070, and I have personal knowledge of and access to Plaintiff's 10 books and records, relating to the account ("Account") of JAIRO P1NTO AKA JAIRO A PINTO 11 ("Defendant"). The last four digits of the Account number are 2003 (previously 1005). In my 12 position as Assistant Custodian of Records for American Express, I have personal knowledge of 13 Plaintiff's procedures for creating and maintaining its Business Records. Plaintiff's Business 14 Records were made in the regular course of business, and it was in the regular course of such 15 business to make the Business Records. The records were made at or near the time of the events 16 recorded. Based on my review of Plaintiff's Business Records, I have personal knowledge of the 17 1 facts set forth in this affidavit. 18 2. I am familiar with the ongoing credit card business operations and practices of 19 American Express, particularly with respect to its recordkeeping computer systems, credit card 20 agreements and for various types of accounts issued American Express. I have access billing by 21 to the business records relating to credit card accounts issued by American Express, including, in 22 particular, the records of cardmember accounts and the applicable card agreements. I have 23 Express' personal knowledge of American regular practices and procedures with respect to: (a) 24 the transmittal of credit card account agreements, notices, billing statements, and other 25 documents; and (b) quality assurance controls utilized to ensure that such transmittals are 26 properly made. I also have access to and am generally familiar with the cardmember account 27 records created and maintained by American Express. Except where based on my review of 28 records and documents regularly maintained in the ordinary course of business, all of the matters ZANS NY AENB 001 1 of 39 FILED: NASSAU COUNTY CLERK 01/04/2022 04:40 PM INDEX NO. 617091/2019 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 01/04/2022 JAIRO PINTO AKA JAIRO A PINTO Account ending in: 2003 1 set forth herein are within my personal knowledge and, if called as a witness, I could 2 competently testify thereto. 3 3. In my experience, the systems used by American Express to create and maintain 4 data for and to produce billing statements and other documents are reliable and kept in a good 5 Express' state of repair, and American procedures for inserting transaction and other data into 6 the systems have built-in safeguards to ensure accuracy and identify errors. Duplicate statements 7 can be obtained only by authorized American Express personnel or authorized agents pursuant to 8 proper procedures, which must be followed in order to obtain the statements. The other records 9 referred to herein were created and kept in the ordinary course of busiñêss by American Express 10 and were created at or near the time of the occurrence of the matters set forth by those records 11 and/or were created based upon information transmitted by a person with knowledge of the 12 matters set forth in those records. It is the regular business practice of American Express to make 13 and keep said records. The statements contained in this affidavit are made based on my personal 14 knowledge of the business records practices of American Express. 15 4. Plaintiff and Defendant entered into a credit agreement ("Agreement"). Defendant 16 agreed to pay Plaintiff for all goods, services and cash advances provided pursuant to the 17 Agreement. The amount of the last posted payment, if any, made was $1,442.69, made on 18 09/23/19. Defendant is now in default and demand for payment has been made. A true and 19 "A." correct copy of the billing statement showing a payment is attached as Exhibit 20 5. All American Express credit card accounts are governed by a written agreement 21 setting forth the terms and conditions of the account. When an American Express account is 22 opened, the Cardmember Agreement is provided to the cardmember. The Cardmember 23 Agreement provides that use of the card constitutes acceptance of the agreement. A true and 24 "B." correct copy of the Agreement is attached as Exhibit 25 6. All American Express Cardamba Agreements expressly provide that American 26 Express may change the terms of the Cardmember Agreement from time to time. American 27 Express advises current cardholders of changes through change-in-terms notices, which are 28 ZANS NY_AENB 001 2 of 39 FILED: NASSAU COUNTY CLERK 01/04/2022 04:40 PM INDEX NO. 617091/2019 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 01/04/2022 JAIRO PINTO AKA JAIRO A PINTO Account ending in: 2003 1 either mailed to American Express cardmembers in separate mailings or included with or printed 2 . cardmembers' on the monthly billing statements. 3 Express' 7. I have personally reviewed American records concerning Defendant. 4 Those records reflect that Defendant opened the Account in 05/11/18. Consistent with American 5 Express' Express' standard business practices, American records reflect that it mailed 6 Defendant's credit card, together with a copy of Defendant's Cardmember Agreement, to 7 Defendant when American Express opened Defendant's Account. Copies of each of these 8 Cardmember Agreements were transmitted to Defendant as they were periodically revised or 9 updated. 10 8. American Express maintains computerized records of the amounts due and owing 11 to American Express for any transactions that occur when an individual uses an American 12 Express credit card. The computerized records reflect all debits and credits in connection with 13 the use of an American Express credit card. American Express sends or otherwise makes 14 available monthly billing statements to cardmembers who carry a balance or are otherwise 15 required to receive a monthly statement. 16 9. I have personal knowledge of Plaintiff's procedures for generating and mailing 17 account statements to customers. It is the regular practice of Plaintiff's business to provide 18 periodic account statements to its customers. On or about 10/09/19, Plaintiff sent one or more 19 account statements relating to the Account to Defendant stating the amount due as $15,600.22. 20 The account statements were mailed to Defendant's last known address and Plaintiff's records do 21 not reflect that the statement(s) were returned by the post office or that the Defendant objected to 22 them. A true and correct copy of the final account statement is attached as Exhibit "C". 23 Express' 10. Pursuant to American records, under the terms of the Cardmember 24 Agreement, Defendant defaulted in making the payments due on the Account. American 25 Express' records reflect that American Express closed Defendant's Account. 26 11. At this time, Defendant owes $15,600.22, on the Account. This amount includes a 27 charge-off balance of $15,600.22, post-charge-off interest of $0.00, post charge off fees and 28 ZANS NY_AENB_001 3 of 39 FILED: NASSAU COUNTY CLERK 01/04/2022 04:40 PM INDEX NO. 617091/2019 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 01/04/2022 JAIRO PINTO AKA JAIRO A P1NTO Account ending in: 2003 1 charges of $0.00, less any post-charge-off credits or payments made by or on behalf of the 2 Defendant of $0.00. 3 12. Defendant's Account has not been sold or assigned by American Express, the 4 original creditor of the account. 5 13. The information set forth herein is true and correct to the best of the undersigned's 6 knowledge, information and belief and, if called as a witness, I could competently testify thereto. 7 14. Upon information and belief, the Defendant is not now, nor has been within 30 8 days hereof, in the military service of the United States as defined in the Serviccmembers Civil 9 Relief Act as amended nor an infant, incompetent, under mental defect or infirm. 10 11 WHEREFORE. deconent demands judanent against Defendant for $15,600.22, together with 12 the costs and disbursements of this action. 13 The above statements are true and correct to the best of my nersonal knowledge. 14 Dated: By Nénig William A McCarter Title: Assistant Custodian of Records 17 STATE OF ARIZONA 18 COUNTY OF MARICOPA 19 Subscribed and sworn (or before me this of , 2021 affirmed) day 20 (Seal) 21 Notary 23 AMANDA VIOT WOU.ASTON 1 - Notary Public - Arizona MaricopaCounty 24 Commission# 609197 My Comm.ExpiresJul 21, 2025 26 27 28 ZANS NY_AENB 001 4 of 39 FILED: NASSAU COUNTY CLERK 01/04/2022 04:40 PM INDEX NO. 617091/2019 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 01/04/2022 "A" EXHIHIT 5 of 39 FILED: NASSAU COUNTY CLERK 01/04/2022 04:40 PM INDEX NO. 617091/2019 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 01/04/2022 Amex EveryDay® Preferred Credit Card p. 1/9 JAIRO A PINTO Closing Date 10/09/19 Accoun1 ! 303 New Balance www.mernbershiprewards.com M|n em Payment Due $L966.20 Includes the past due amount of $1,442.69 Payment Due Date 11703719 Account s: Late Payment Warning: If we do not receive your M!n!mem Payment Due by Previous Balance $15,248.18 the Payment Due Date of 11/03/19, you may have to pay a late fee of up to Payments/Credits ¬$0.00 $39.00 and your APRs rnay be increased to the Penalty APR of 29.99%. New Charges +$0.00 Fees +$28.00 Interest Charged +$324.04 I Aª‡'== Payment Warning: If you make only theW!mum paymerit each period, New Balance $15,600.22 | you will pay more in interest and it will take you longer to pay off your balance. For Midmum Payment Due $1,966.20 example: Credit Limit $15,000.00 If you make no 2dd!fen:! Youwill pay off the balance And you will payan charges and each month you shown on this statement in estimated total of... pay... Cash Advance Limit $0,00 about... Only the Days in Billing Period: 31 e!n!mer Payment Due 24 years $41,882 .ustomer Care If you would like informat!en about credit cóühsaling services, call 1-888-733-4139. See page 2 for important nfer±ation about your account. M Pay by Computer americanexpiese e: /pbc New York Residents: New York Residents may contact the New York State Customer Care Pay by Phone Depa½ent of Financial Services by telephone or visitits website for free 1-800-635-5955 1-800-472-9297 :d:=::!:n on comparative credit card rates, fees, and grace periods. New York Department of Financial Services; 1-800-342-3736 or www.dfs.ny.gov. d See page 3 for additional informat|cn. 7 Your account is past due. See Page 7 for Important Changes to Your Account Benefits. Continuedon page3 Pleasefold on the pederation below, detach and return with your payment4 Payment Coupon g Pay by Computer Pay by Phone Account 003 Do notstaple or use paper clips -ic=navpress.com/pbc 1-800-472-9297 Enter 15 digit account # on all pâymEnts. Make check payable to American Express. i n am u i a n n m n • • • a n •• • • rr m--·vr ii-r r rir -rur u n umr JAIRO A PINTO Payment Due Date 68 BROADWAY 11/03/19 BETHPAGE NY 11714-4902 New Balance $15,600.22 Minimum Pa ment Due 1,9.66.20 h jgn|l!;‡g H' gjg||ip|ni|k r i i in Check here if your address or AMERICAN EXPRESS $ phone number has changed. P.O. BOX 1270 Amount EÊclosed Note changes on reverse side, NEWARK NJ 071014270 6 of 39 FILED: NASSAU COUNTY CLERK 01/04/2022 04:40 PM INDEX NO. 617091/2019 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 01/04/2022 JAIRO A PINTO Account 003 p. 2/9 Payments: Your payment must be sent to the payment address shown on pic:cat money owed to you If within the six-month period following your statement and must be received by 5 p.m. local time at that addressto the date of the first statement indicating the credit balance you do not be credited as of the day it is received, Paymentswe receiveafter 5 p.m will request a refund or charge enough to use up the credit balance, we will not be credited to your Account until the next day. Paym.entsmust also: (1) send you a check for the credit balance within 30 days if the amount is include the remittance coupon from your statement; (2) be made with a $100 or more. To request a refund, contact us at the address or phone single check drawn on a US bank and payable in US dollars, or with a number on page 3 for Customer Care& Billing inquiries. negotiable instrument payable in USdollars and clearable through the US Credit Reporting: We may report information about your Account to credit banking system; and (3) include your Account number if your payment bureaus. Late payments, missed payments, or other defaults on your does not meet all of the above requirements, crediting may be delayed and Account may be reflected in your credit report you rnay incur late payment fees and additional interest charges,Electronic What To Do If You Think You Find A Mistake On Your 5tatement payments must be made through an electronic payment method payable If you think there is an error on your statement, write to.us at irr US dollars and clearable througfrthe US banking system;1f we accept American ExpressiPOBox 98t5357ElPasoTU999845-35 payment in a foreign currency, we will convert it into U5 dollars at a You may alsocontact us on the Web:www.americanexpress.com conversion rate that is acceptable to us, unless a particular rate is required In your letter, giveus the following information: by law; Please do not send post dated checks as they will be deposited - Accountinformation: Your name and account number, upon receipt. Any restrictive language on a payment we accept will have - Dollar amount: The dollar amount of the suspected error. no effect on us without our express prior written approval. We will re- - Description of Problem: If you think there is an error on your bill, present to your financial institution any payment that is returned unpaid. describewhat you believe is Wmng énd why you believe it isamistake. Permission for Electronic WHMrawah (1) When you send a check for You must contact us within 60 daysafter the error appeared on your payment, you give us permission to electronically withdraw your payment statement. from your deposit or other asset account We will process checks You must notify us of any potential errors in wiithÿ [ór electronicallyl You electronically by tremitung the amount of the check, routing number, may call us, but if you do we are not required to investigate any potential account number and check serial number to your financial institution, errorsand you may have to pay the amount in question. unless the check is not processable electfonically or a less costly process is While we inst ste whether or not there has been an error, the following available. When we process your check electronically, your payment may are true: bewithdrawn from your deposit or other assetaccount assoon asthe same - We cannot try to collect the amount in question, or report you as day we receive your check, and you will not receive that cancelled check. dhquent on that arnount with your deposit or other asset account statement If we cannot collect the -The charge in question may remain on your statement, and we may funds electronically we may issuea draft against your deposit or other asset continue to chargeyou interest on that amount But, if we determine that account for the amount of the check. (2) By using PayByComputer, Pay By we made a mistake; you will not have to pay the amount in question or any Phone or any other electronic payment service of ours, you give us interest or other fees related to that amount permission to electronically withdraw funds from the deposit or other asset -While you do not have to pay the amount in question,you are responsible account you specify in the amount you request Payments using such for the remainder of your balance, services of ours received after 8:00 p.m. MST may not be credited until the - We can apply any unpaid amount against your credit limit next day; Your Rights If Yo re Dissatisfied With Your Credit Card Purchases How We Calculaite Your Balance: We usethe Average Daily Balance(ADB) If you are dissatisfiedwith the goods or servicesthat you have purchased method (including new transactions) to calculate the balance on which we with your credit card, and you have tried in good faith to correct the charge interest on your Account Call the Customer Carenumber on page 3 problem with.the merchant, you may havethe right not to pay the for more information about this balancecomputation method and how remaining amount due on the purchase. resultinginterest charges are determined.Themethodweusetofigurethe To usethis right, all of the following must be true: ADBandinterestresultsindailycompoundingofinterest. 1.The purchase must have been made in your home state or within 100 Paying Interest: Your due date is at least 25 days after the close of each miles of your current mailing address,and the purchase price rnust have billing period. We will not charge you interest on your purchasesif you pay been more than $50.(Note: Neither of these is necessaryif your purchase each month your entire balance (or Adjusted Balanceif applicable) by the was based on an advertisement we mailed to you, or if we own the due date each month. We will charge you interest on cash advances and company that sold you the goods or services.) (uniessotherwise disclosed) balance transfers beginning on the transaction 2. You must be uwyour credit card for the purchase.Purchasesmade date. with cashadvancesfrom an ATM or with a check that accessesyour credit Foreign Currency ChargestIf you make a Charge in a foreign currency, we card account do not qualify. will convert it into US dollars on the date we or our agents process it We 3. You must not yet have fully paid for the purchase. will charge a fee of 2.70% of the converted US dollar amount. We will If all of the criteria above are met and you are still dissatisfiedwith the choose a conversion rate that is eccepteMe to us for that date, unless a purchase, contact us in writing or electronically at: particular rate is required by law. The conversion rate we use is no more American ExpressPOBox 981535, ElPasoTX79998-1535 than the highest official rate published by a government agency or the www.americanexpress.com highest interbank rate we identify from customary banking sources on the While we investigate, the same rules apply to the disputed amount as conversion date or the prior businessday. This rate may differ from rates in discussedabove. After we finish our investigation, we will tell you our effect on the date of your charge. Charges converted by estab!Bhments decision At that point, if we think you owean amount and you do not pay (suchas airlines) wiHbe billed at the rates such estabushmentsuse. we may report you as delinquent Credit Balance: A credit balance (designated CR)shown on this statement Change of Address Ifcorrectonfront,donot use. * Tochangeyouraddressonline,visitwww.americanexpress.com/updMec=•aãnfo Pay Your Bill with AutoPay • ForName,Company Name,andForeignAddressor Phonechanges,pleasecallCustomerCare. . Avoid late fees • Pleaseprintclearlyin blueor blackinkonlyin the boxesprovided. Save time .- __ _.. ........_ _._.. Deduct your payment from your bank streetAddress account autornatically each month Visit americanexpress.c:-:/=tcp::y City,state today to enroll. ZipCode AreaCodeand HomePhone orkPhone Forinformationon howweprotectyour .- privacyandto setyourcommunication Email and privacychoices,pleasevisit www.americanexpress.com/privacy. 7 of 39 FILED: NASSAU COUNTY CLERK 01/04/2022 04:40 PM INDEX NO. 617091/2019 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 01/04/2022 Amex EveryDay® Preferred Credit Card p. 3/9 ERI EEE JAIRO A PINTO Closing Date 10/09/19 Accouni ! 003 Customer Care & Billing Inquiries 1-800-635-5955 Hearing impaired international Collect 1-336-393-1111 TTY: 1-800.-221-9950 Website: americanexpress.com Large Print & Braille Statements 1-800-635-5955 FAX; 1-623-707-4442 Cash Advance at ATMs Inquirles 1-800-CASH-NOW in NY: 1-800-522-1897 Customer Care 8t Billing Inquiries. Payments P.O.BOX 981535 P.O.BOX 1270 FL PASO,TX NEWARKNJ 07101- 79998-1535 1270 Please refer to the IMPORTANT NOTICES section for any changes to your Account terms and any other communications on pages 5-9. Your AutoPay has been cancelled. Please make ariy paýments using the payment coupon provided. Effective immediately,we will update the frec¡uency in which we cumuist|cate the Billing Rights and Electronic Funds Transfer notices from annually to manth|y. You will find the monthly Billing Rights Notice on page 2 of your statement, and the monthly Electronic Funds Transfer Notice in the IMPORTANT NOTICES section. Payments and Credits Sum mary Total Payments $0.00 Credits $0.00 Total Payments and Credits $0.00 Payments