Preview
INDEX NO. 2023-00023112
woulda,
NYSCEF DOC. NO. 8
N00000051918921
SUPREME COURT OF THE STATE OF NEW YORK R & R File No. 1461746
COUNTY OF CLINTON
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CAPITAL ONE, N.A. SUCCESSOR BY
MERGER TO CAPITAL ONE BANK (USA),
N.A.
Plaintiff
-against-
MARKUS J DIXON
Index No 2023-00023112
Defendant (s)
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1 of 13
INDEX NO. 2023-00023112
NYSCEF DOC. NO. 8 EMEA
Mss 2023
000006518093
SUPREME COURT OF THE STATE OF NEW YORK Our File No. 1461746
COUNTY OF CLINTON
-- --
CAPITAL ONE, N.A. SUCCESSOR BY
MERGER TO CAPITAL ONE BANK (USA),
NLA.
Plaintiff,
-against-
Index No. 2023-00023112
MARKUS J DIXON
Defendant.
wee ee nen een ee ee nee ee ee eee eee
COVER SHEET
TO BE ATTACHED
AFFIDAVIT OF MERIT
2 of 13
INDEX NO. 2023-00023112
NYSCEF RECEIVED NYSCEr 95/93/2023
% NO. Rew York State Unified Court System
We Z
Affidavit of Facts UCS-CCR3 (05/2022)
{ i“)} Page 1
oy by Original Creditor nycourthelp.gov
The undersigned, being duly sworn, deposes and says:
1 |, Shirlene Byrd am a/an [Xemployee Dofficer member] of Capital One, N.A. successor
by merger to Capital One Bank (USA), N.A. (‘Plaintiff’), and | have access to Plaintiffs
books and records ("Business Records"), including electronic records, relating to the account
("Account") of MARKUS J DIXON (“Defendant”). The last four digits of the Account number
are XXXXXXXXXXXX2247. In my position, | have personal knowledge of the procedures for
creating and maintaining Plaintiffs Business Records. Plaintiffs Business Records were made
in the regular course of business, and it was the regular course of such business to make the
Business Records. The records were made at or near the time of the events recorded. Based
on my review of Plaintiffs Business Records, | have personal knowledge of the facts set forth
in this affidavit.
[Check this paragraph if Servicer]
Servicer is the servicer for the Plaintiff in the underlying action. Plaintiff has authorized
Servicer to service and maintain the Business Records relating to the Account, along with
giving testimony and executing affidavits, declarations, and certifications on behalf of Plaintiff
regarding the Account.
Plaintiff and Defendant entered into a credit agreement (“Agreement”). Defendant agreed to
pay Plaintiff for all goods, services and cash advances provided pursuant to the Agreement.
The amount of the last payment, if any, made by Defendant was $25.00, made on 06/06/2022
Defendant is now in default and demand for payment has been made. A true and correct copy
of the Agreement or document(s) evidencing the Agreement is/are attached as an exhibit to
this affidavit.
[Check this paragraph if seeking judgment on an account stated cause of action]
| have personal knowledge of Plaintiffs procedures for generating and mailing account
statements to customers. It is the regular practice of Plaintiffs business to provide periodic
account statements to its customers. On or about ——~ / ——! / , Plaintiff sent one or
more account statements relating to the Account to Defendant stating the amount due as
$ The account statement(s) were mailed to Defendant's last known
address and Plaintiffs records do not reflect that the statement(s) were returned by the post
office or that the Defendant objected to them. A true and correct copy of the final account
statement(s) is attached as an exhibit to this affidavit.
[Check this paragraph if seeking judgment on a revolving consumer credit account]
At this time, Defendant owes $2031.77 on the Account. This amount includes a charge-off
balance of $2031.77 post-charge-off interest of $00.00 post-charge-off fees and charges of
$00.00 less any post-charge-off credits or payments made by or on behalf of the Defendant of
$00.00.
ADA Accommodations | Spoken or Sign Language Interpreters PUTS Hel
ada@nycourts.gov * 212-428-2760 interpreter@nycourts.gov + 646-386-5670 1-800-COURT-NY (268-7869)
3 of 13
INDEX NO. 2023-00023112
NYSCEF DOC. RECEIVED NYSCEF 5/03/2023
UCSCCR3 (0512022)
Ss
6. [Check this paragraph if seeking judgment on a non-revolving consumer credit account]
O At this time, Defendant owes $ on the Account. As set forth in the exhibits
attached hereto and made a part hereof, this amount is broken out by (i) principal; (ii) finance
charge or charges; (iii) fees imposed by the original creditor; (iv) collection costs; (v) attorney's
fees; (vi) interest; and (vii) any other fees and charges, less any credits or payments made by
or on behalf of the Defendant of $.
As set forth in New York CPLR Article 50, the interest rate applicable to the Account pursuant
to section five thousand four of this chapter applies.
8. [Check if not seeking post-judgment interest]
& Plaintiff explicitly disclaims any right to post-judgment interest on this Account
WHEREFORE, deponent demands judgment against Defendant for $2031.77 together with the costs
and disbursements of this action
The above statements are true and correct to the best of my personal knowledge.
Dated Sa/ 123 aA
7 Affiant Signature
Shirlene Byrd
Commonwealth of Virginia, County of Henrico Affiant Name
Sworn to before me this_A\ day
of March 2023
Gama ac Pawsa
Notary Public
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“Ss NOTARY
PUBLIC
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REG # 7911232
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04/30/2025 Os
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4 of 13
INDEX NO. 2023-00023112
(FILED: CLINTON COUNTY CLERK 0570372023 11:52 AM
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/03/2023
CERTIFICATE OF CONFORMITY
NYS RPL § 299-a
The undersigned does hereby certify that he is an attorney-at-law duly admitted to
practice in the Commonwealth of Virginia and residing in the Commonwealth of Virginia; that
he is fully acquainted with the laws of the Commonwealth of Virginia pertaining to the
acknowledgment or proof of deeds of real property to be recorded therein; and that he is a person
duly qualified to make this certificate of conformity pursuant to Section 299-a of the Real
Property Law of the State of New York. The undersigned certifies that the acknowledgment
upon the foregoing document by Shirlene Byrd, before Amanda Parker _, a notary public in the
Commonwealth of Virginia, was taken in the manner prescribed by the laws of the
Commonwealth of Virginia and conforms to those laws in all respects.
Witness my signature this 2] _ day of March 2023.
ALA
William Weaver Snidow, Jr.
Virginia State Bar No. 43219
5 of 13
INDEX NO. 2023-00023112
FILED: CLINTON COUNTY CLERK 05/03/2023 11:52 AM
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/03/2023
Capital One Account Itemization
Defendant’s Full Name MARKUS J DIXON
Last Payment Date 06/06/2022
Last Payment Amount $25.00
Charge Off Date 07/09/2022
Charge Off Amount $2031.77
Total Post Charge Off Interest $00.00
Total Post Charge Off Fees $00.00
Total Post Charge Off Credits $00.00
N00000051918921
1010919922
A120
RUBIN & ROTHMAN, LLC
6 of 13
INDEX NO. 2023-00023112
NYSCEF RECEIVED NYSCEF: 054,03(2023
Capital “| SAVOR ONE
SavorOne Credit Card | World Elite Mastercard ending in 2247
May 09, 2022 - Jun 07, 2022 | 30 days in Billing Cycle
PXolee Mec eg
Payment Due Date For online and phone payments, the Previous Balance $2,056.77
deadline is 8pm ET.
Jul 02, 2022 Payments - $25.00
New Balance Minimum Payment Due Other Credits $0.00
$2,031.77 $264.00 Transactions + $0.00
LATE PAYMENT WARNING:If we do not receive your minimum payment Cash Advances + $0.00
by your due date, you may have to pay a late fee of up to $40.00.
Fees Charged + $0.00
MINIMUM PAYMENT WARNING:If you make only the minimum
payment each period, you will pay more in interest and it will take you Interest Charged + $0.00
longer to pay off your balance. For example:
New Balance = $2,031.77
Credit Limit $2,000.00
Available Credit (as of Jun 07, 2022) N/A
Minimum Payment 12 Years $4,720 Cash Advance Credit Limit $600.00
Available Credit for Cash Advances N/A
If you would like information about credit counseling services, call 1-888-326-8055.
— i
300081
Your account is restricted
and past due.
Visit capitalone.com to manage your account
and se8 your payment options
Your card cannot be used.
Account Notifications
Please check page 3 of this statement for your Account Notifications.
— sven ~
Pay or manage your account at capitalone.com Customer Service: 1-800-227-4825 See reverse for Important Information
Capitaine
tad Save time, stay informed.
a5) Discover new features with
MARKUS J DIXON the Capital One Mobile app.
APTB ore
139 CORNELIA ST
PLATTSBURGH, NY 12901-2778
Hehe alee tale ee ie oe i
Payment Due Date: Jul 02, 2022 Account ending in 2247
New Balance Minimum Payment Due Amount Enclosed Capital One
$
P.O. Box 6492
$2,031.77 $264.00 Carol Stream IL 60197-6492
Please send us this portion of your statement and only one check (or one money order) payable to Capital One
to ensure your payment is processed promptly, Allow at least seven business days for delivery.
Padedoe Metta
th oy pelyoepelfl
rr 2.7 07 2031770025000264009
= INDEX NO. 2023-00023112
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/03/2023
jow can | Avoid Paying Interest Charges? I you pay your New Balance in full by the due date yw do. 2 When you make a payment, you authorizeus to initiate an
‘each month, we will not charge interest on new transactions that post to the purchase balance. if ACH or electronic payment that wil be debited from your bank account or other related
you have been paying in full without Interest Charges, but fail to pay your next New Balance in full, ‘account. When you provide a check or check information to make a payment, you authorize us
‘we will charge interest on the unpaid balance. Interest Charges on Cash Advances and Special to use information from the check to make a one-time ACH or other electronic transfer from
‘Transfers start
on the transaction date, Promotional offers may allow you to pay less than the total your bank account. We may also process it as a check transaction. Funds may be withdrawn
New Balance and avoid paying interest on new transactions that post to your purchase balance. {rom your bank account as soon as the same day we process your payment
See the front of your statement for additional information.
My Pay nt? We generally apply payments up to your Minimum
low is the Interest Charge Determined? Interest Charges accrue from the date of the Payment fist to the balance with the lowest APR (including 0% APR), and then to balances
transaction, date the transaction is processed or the first day of the Billing Cycle. Interest accrues with higher APRs. We apply any part of your payment exceeding your Minimum Payment fo
daily on every unpaid amount until itis paid in ful. Interest accrued during a Biling Cycle posts to the balance with the highest APR, and then to balances with lower APRs.
your account at the end of the Biling cycle and appears on your next statement. You may owe
Interest Charges even if you pay the entire New Balance one month, but did not do so the prior illing Rights Summary (Does not Apply to Small Business Accounts)
month. Once you start accruing Interest Charges, you generally must pay your New Balance in full What To Do If You Think You Find A Mistake On Your Statement: if you think there is an
‘two consecutive Billing Cycles before Interest Charges stop being posted to your Statement, error on your statement, write to us at:
Interest Charges are added to the corresponding segment of your account. P.O. Box 30285, Salt Lake City, UT 84130-0286.
Jo you assess a Minimum Interest Charge? We may assess a minimum Interest Charge of In your letter, give us the following information:
$0 (00 for each Billing Cycle i your account is subject to an Interest Charge. Account information: Your name and account number.
Dollar amount: The dollar amount of the suspected error.
How do you Calculate the interest Charge? We use a method called Average Daily Balance * Description of Problem: If you think there is an error on your bill, describe
what you believe is
{including new transactions), ‘wrong and why you believe itis a mistake. You must contact us within 60 days after the error
appeared on your statement. You must notify us of any potential erors in writing, You may call
1. First, for each segment we take the beginning balance each day and add in new transactions and Us oF notify us electronically, but if you do we are not required to investigate any potential
the periodic Interest Charge on the previous day's balance. Then we subtract any payments and errors and you may have to pay the amount in question. We will nalfy you in writing within 30
credits for that segment as of that day. The result is the daily balance for each segment. However, if days of our receipt of your letter. While we investigate whether or not there has been an error,
your previous statement balance was zero or a credit amount, new transactions which post
to your the following are true:
purchase segment are not addled to the daily balance + We cannot try to collect the amount in question, or report you as delinquent on that amount.
‘The charge in question may remain on your statement, and we may continue to charge you
2. Next, for each segment, we add the daily balances togetherand divide the sum by the numberof interest on that amount. But, fwe determine that we made a mistake, you will not have to pay
days in the Biling Cycle, The result is the Average Daily Balance for each segment. ‘the amount in question or any interest or other fees relaied to that amount.
+ While you do not have to pay the amount in question until we send you a notice about the
3. At the end of each Billing Cycle, we multiply your Average Dally Balance for each segment by ‘outcome of our investigation, you are responsible forthe remainder of your balance.
the daily periodic rate (APR divided by 366) for that segment, and then we multiply the result by the * We can apply any unpaid amount against your credit limit. Within 90 days of our receipt of
umber of days in the Billing Cycle. We add the Interest Charges for all segments together. The your latter, we wil send you a written notice explaining either that we corrected the error (1o
resultis your total Interest Charge forthe Bling Cycle. ‘appear on your next statement) or the reasons we believe the bill is correct.
The Average Daily Balance is referredto as the Balance Subject lo Interest Rate in the Interest Your Rights ff You Are Dissatisfied With Your Purchase: If you are dissatisfied with the
Charge Calculation section of this Statement. goods or services that you have purchased with your creditcard, and you have tried in good
faith to correct the problem with the merchant, you may have the right not to pay the remaining
NOTE: Due to rounding or a minimum Interest Charge, this calculation may vary slightly from the amount due on the purchase. To use this right, the following mustbe true:
Interest Charge actually assessed, 1) You must have used your credit card for the purchase. Purchases made with cash
advances from an ATM of with a check that accesses your credit card account do not qualify
and
2) You must not yet have fully pad for the purchase.
How
Membership
can | Avoid Fees? I a Renewal Notice is printed on this statement. you may fall ofthe criteria above are met and you are stil dissatisfied with the purchase, contact us in
avoid paying an annual membership Fee by contacting Customer Service no laler than 45 days writing at: P.O. Box 30285, Salt Lake City, UT 84130-0285. While we investigate, the same
after the last day in the Billing Cycle covered by this statement to request that we close your rules apply to the disputed amount as discussed above. Afterwe finish our investigation, we
account. To avoid paying a monthly membership Fee, close your account and we will stop will tell you our decision. At that point, if we think you owe an amount and you do not pay we
assessing your monthly membership Fee. ‘may report you as delinquent.
You can contact Customer Service anytime to request that we ©2020 Capital One. Capital One is a federally registered service mark
close your account,
ETC-08 10/01/2020
How do | Make Payments?
You may make your payment in several ways:
fa Pay online at capitalone.com
‘Online Banking by logging into your account;
Capital One Mobile Banking app for approved electronic devices;
f Calling the telephone number listed on the front of this statement and providing the
A | Pay using the Capital One mobile app required payment information;
Sending mail payments to the address on the front of this statement with the
payment coupon or your account information.
#5) Customer Service 1-800-227-4825 ll P: {2
For mobile, online or over the phone, as of the business day we receive it, as long
as it is made by 8 p.m.
For mail, as of the business day we receive it, as long as it is received by 5 p.m.
Changing your mailing address? local time at our processing center. You must send the bottom portion of this,
statement and your check to the payment address on the front of this statement.
You can change your address by signing into your account online or by calling Please allow at least seven (7) business days for mail delivery. Mailed payments
received by us at any other location or payments in any other form may not be
Customer Service.
credited as of the day we receive them,
Any written request on this form will not be honored.
8 of 13
=: INDEX NO. 2023-00023112
NYSCEF DOC RECEIVED NYSCEF: 0540342033
Capital SAVORONE SavorOne Credit Card | World Elite Mastercard ending in 2247
May 09, 2022 - Jun 07, 2022 | 30 days in Billing Cycle
BEC laNt-lel tla)
'
Ie we 4 Fee oe ee
MARI KUS J DIXON #2247: Paym ents, Credits and Adjustments
Trans Date Post Date Description Amount
Jun 6 Jun 6 Cap 1 DebitCardPhonePmtAuthDate 06-Jun $25.00
MARKUSJ DIXON #2247: Transactions
Trans Date Post Date Description Amount
a ee seen
ee
4 7 ie ies m
Trans Date Post Date Description Amount
—— en
Total Fees for This Period $0.00
ng i wa es
a
Interest Charge on Purchases — a a $0.00
Interest Charge on Cash Advances $0.00
Interest Charge on Other Balances 00
Total Interest for This Period $0.00
se asses sa si
Total Fees charged $80.00
Total Interest charged $0.00
Your Annual Percentage Rate (APR) is the annual interest rate on your account.
Type of Balance Annual Percentage Rate (APR) Balance Subject to Interest Rate Interest Charged
Purchases 0.00% $2,055.10 $0.00
Cash Advances 25.74% P $0.00 $0.00
Variable APRs; if you have a letter code displayed next to any of the above APRs, this means they are variable APRs. They may increase or decrease based
on one of the following indices (reported in The Wall Street Journal) as described below.
Code next to your How do we calculate your APR(s)? ‘When your APR(s) will change
APR(s)
P Prime Rate + margin The first day of the Billing Cycles that end in Jan., April, July and Oct.
L 3 month LIBOR + margin
D Prime Rate + margin The first day of each Billing Cycle
F 1 month LIBOR + margin
Additional Information on the next page
9 of 13
iD: ON OUN NK AW INDEX NO. 2023-00023112
NYSCEF BOC RECEIVED NYSCEF: 0540342023
Capital SAVORONE SavorOne Credit Card | World Elite Mastercard ending in 2247
May 09, 2022 - Jun 07, 2022 | 30 days in Billing Cycle
EXotoroMy (vehi Cerny
For questions about this account, please 1S 2 all at 1-800-955-6606, We'll be glad to help you Moneay through Friday trom 8 a.m. to 11 p.m.
ET, and Saturday ane Sunday fram 8 a.m, to 5 pam, ET
Your account Aas gone over its credit limit and is currently past
New York residents may contact the New York State Department of Financial Services to obtain a comparative listing of credit card rates, fees, and
grace periods. Contact the New York State Department of Financial Services: 1-877-226-5697 or www.dfs.ny.gov.
Your minimum payment was not received in time to avoid a late fee. As a courtesy, we didn't charge you a late fee this month, Please note that we may
charge a late fee in future months if we don't receive at least your minimum payment by your due date.
10 of 13
=: INDEX NO. 2023-00023112
NYSCEF Dey 8 RECEIVED NYSCEF: 0549342023
CapitalOne SAVORONE SavorOne Credit Card | World Elite Mastercard ending in 2247
Jun 08, 2022 - Jul 08, 2022 | 31 days in Billing Cycle
EN TU eee)
Payment Due Date For online and phone payments, the Previous Balance $2,031.77
PAST DUE deadline is 8pm ET.
Payments $0.00
New Balance Minimum Payment Due Other Credits $0.00
$2,031.77 $2,031.77 Transactions + $0.00
IMPORTANT: Your account has charged off and is now serviced by the Cash Advances + $0.00
Recoveries department at 1-800-258-9319. Your full balance is due. Any
payment you make will reduce your balance and help pay off your debt Fees Charged + $0.00
faster. The amount you owe may differ if you've entered into a separate
payment agreement. Interest Charged + $0.00
New Balance = $2,031.77
Available Credit (as of Jul 08, 2022) N/A
Account Notifications
@ New York residents may contact the New York State Department of Financial Services to obtain a comparative listing of credit card rates, fees, and grace
periods. Contact the New York State Department of Financial Services: 1-877-226-5697 or www.dfs.ny.gov.
~ a ee cen snes
Pay or manage your account at capitalone.com Customer Service: 1-800-227-4825 See reverse for Important Information
Capitaine
MARKUS J DIXON
APT B
139 CORNELIA ST
PLATTSBURGH, NY 12901-2778
heh halal taled le il
Payment Due Date: Past Due Account ending in 2247
New Balance Minimum Payment Due Amount Enclosed Capital One
P.O. Box 6492
$2,031.77 $2,031.77 $ Carol Stream IL 60197-6492
Please send us this portion of your statement and only one check (or ane money order) payable to Capital One Phebe feet fog egg yest fenpefepetyeeqetyt
to ensure your payment is processed promptly. Allow at least seven business days for delivery.
1 2 47 08 2031770025000000008
INDEX NO. 2023-00023112
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/03/2023
fow can | Avoid Paying Interest Charges? If you pay your New Balance in full by the due date ‘When you make a payment, you authorize us to initiate an
each month, we will not charge interest on new transactions that post to the purchase balance. If ACH or electronic payment that will be debited from your bank account or other related
you have been paying in full without Interest Charges, but fail to pay your nex! New Balance in full, ‘account. When you provide a check or check information to make a payment, you authorize us
we will charge interest on the unpaid balance. Interest Charges on Cash Advances and Special to use information from the check to make a one-time ACH or other electronic transfer from
Transfers start on the transaction date, Promotional offers may allow you to pay less than the total your bank account. We may also process it as a check transaction, Funds may be withdrawn
New Balance and avoid paying interest on new transactions that post to your purchase balance. from yout bank account as soon asthe same day we process your payment.
‘See the front of your statement for additional information.
Pay We generally apply payments up to your Minimum
How is the Interest Charge Determined? Interest Charges accrue from the date of the Payment fist to the balance with the Iowest APR (including 0% APR), and then to balances
transaction, date the transaction is processed or the first day of the Billing Cycle. Interest accrues. with higher APRs. We apply any part of your payment exceeding your Minimum Payment to
daily on every unpaid amount until itis paid in ful, Interest accrued during a Billing Cycle posts to the balance with the highest APR, and then to balances with lower APRs.
your account at the end of the Billing cycle and appears on your next statement. You may owe
Interest Charges even if you pay the entire New Balance one month, but did not do so the prior mmary (D: Ag pply to Sm: al Busines:
month, Once you start accruing Interest Charges, you generally must pay your New Balance in full ‘You Think You Find A Mistake On YourSta If you think there is an
two consecutive Billing Cycles before Interest Charges stop being posted to your Statement error on your statement, write to us at:
Interest Charges are added to the corresponding segment of your account. P.O. Box 30285, Salt Lake City, UT 4130-0285,
Do you assess a Minimum Interest Charge? We may assess a minimum Interest Charge of In your letter, give us the following information:
‘$0.00
for each Billing Cycle if your account is subject to an Interest Charge. * Account information: Your name and account number.
+ Dollar amount: The dollar amount of the suspected error.
How do you Calculate the interest Charge? We use a method called Average Daily Balance + Description of Problem: if you think there is an error on your bill, describe what you believe is
(including new transactions). ‘wrong and why you believe itis a mistake. You must contact us within 60 days after the error
appeared on your statement. You must notify us of any potential errors in writing. You may call
1. First, for each segmentwe take the beginning b
Preview
INDEX NO. 2023-00023112 woulda, NYSCEF DOC. NO. 8 N00000051918921 SUPREME COURT OF THE STATE OF NEW YORK R & R File No. 1461746 COUNTY OF CLINTON coe eee ee eee ee ee eee s 019 N CAPITAL ONE, N.A. SUCCESSOR BY MERGER TO CAPITAL ONE BANK (USA), N.A. Plaintiff -against- MARKUS J DIXON Index No 2023-00023112 Defendant (s) wee eee eee eee eee eee ee eee 1 of 13 INDEX NO. 2023-00023112 NYSCEF DOC. NO. 8 EMEA Mss 2023 000006518093 SUPREME COURT OF THE STATE OF NEW YORK Our File No. 1461746 COUNTY OF CLINTON -- -- CAPITAL ONE, N.A. SUCCESSOR BY MERGER TO CAPITAL ONE BANK (USA), NLA. Plaintiff, -against- Index No. 2023-00023112 MARKUS J DIXON Defendant. wee ee nen een ee ee nee ee ee eee eee COVER SHEET TO BE ATTACHED AFFIDAVIT OF MERIT 2 of 13 INDEX NO. 2023-00023112 NYSCEF RECEIVED NYSCEr 95/93/2023 % NO. Rew York State Unified Court System We Z Affidavit of Facts UCS-CCR3 (05/2022) { i“)} Page 1 oy by Original Creditor nycourthelp.gov The undersigned, being duly sworn, deposes and says: 1 |, Shirlene Byrd am a/an [Xemployee Dofficer member] of Capital One, N.A. successor by merger to Capital One Bank (USA), N.A. (‘Plaintiff’), and | have access to Plaintiffs books and records ("Business Records"), including electronic records, relating to the account ("Account") of MARKUS J DIXON (“Defendant”). The last four digits of the Account number are XXXXXXXXXXXX2247. In my position, | have personal knowledge of the procedures for creating and maintaining Plaintiffs Business Records. Plaintiffs Business Records were made in the regular course of business, and it was the regular course of such business to make the Business Records. The records were made at or near the time of the events recorded. Based on my review of Plaintiffs Business Records, | have personal knowledge of the facts set forth in this affidavit. [Check this paragraph if Servicer] Servicer is the servicer for the Plaintiff in the underlying action. Plaintiff has authorized Servicer to service and maintain the Business Records relating to the Account, along with giving testimony and executing affidavits, declarations, and certifications on behalf of Plaintiff regarding the Account. Plaintiff and Defendant entered into a credit agreement (“Agreement”). Defendant agreed to pay Plaintiff for all goods, services and cash advances provided pursuant to the Agreement. The amount of the last payment, if any, made by Defendant was $25.00, made on 06/06/2022 Defendant is now in default and demand for payment has been made. A true and correct copy of the Agreement or document(s) evidencing the Agreement is/are attached as an exhibit to this affidavit. [Check this paragraph if seeking judgment on an account stated cause of action] | have personal knowledge of Plaintiffs procedures for generating and mailing account statements to customers. It is the regular practice of Plaintiffs business to provide periodic account statements to its customers. On or about ——~ / ——! / , Plaintiff sent one or more account statements relating to the Account to Defendant stating the amount due as $ The account statement(s) were mailed to Defendant's last known address and Plaintiffs records do not reflect that the statement(s) were returned by the post office or that the Defendant objected to them. A true and correct copy of the final account statement(s) is attached as an exhibit to this affidavit. [Check this paragraph if seeking judgment on a revolving consumer credit account] At this time, Defendant owes $2031.77 on the Account. This amount includes a charge-off balance of $2031.77 post-charge-off interest of $00.00 post-charge-off fees and charges of $00.00 less any post-charge-off credits or payments made by or on behalf of the Defendant of $00.00. ADA Accommodations | Spoken or Sign Language Interpreters PUTS Hel ada@nycourts.gov * 212-428-2760 interpreter@nycourts.gov + 646-386-5670 1-800-COURT-NY (268-7869) 3 of 13 INDEX NO. 2023-00023112 NYSCEF DOC. RECEIVED NYSCEF 5/03/2023 UCSCCR3 (0512022) Ss 6. [Check this paragraph if seeking judgment on a non-revolving consumer credit account] O At this time, Defendant owes $ on the Account. As set forth in the exhibits attached hereto and made a part hereof, this amount is broken out by (i) principal; (ii) finance charge or charges; (iii) fees imposed by the original creditor; (iv) collection costs; (v) attorney's fees; (vi) interest; and (vii) any other fees and charges, less any credits or payments made by or on behalf of the Defendant of $. As set forth in New York CPLR Article 50, the interest rate applicable to the Account pursuant to section five thousand four of this chapter applies. 8. [Check if not seeking post-judgment interest] & Plaintiff explicitly disclaims any right to post-judgment interest on this Account WHEREFORE, deponent demands judgment against Defendant for $2031.77 together with the costs and disbursements of this action The above statements are true and correct to the best of my personal knowledge. Dated Sa/ 123 aA 7 Affiant Signature Shirlene Byrd Commonwealth of Virginia, County of Henrico Affiant Name Sworn to before me this_A\ day of March 2023 Gama ac Pawsa Notary Public eeeeetieny, NADA "A, 2, "4, Vearttt tes, “Ss NOTARY PUBLIC & REG # 7911232 iwy COMMISSION tg° EXPIRES 04/30/2025 Os & tt000 LTA 4 of 13 INDEX NO. 2023-00023112 (FILED: CLINTON COUNTY CLERK 0570372023 11:52 AM NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/03/2023 CERTIFICATE OF CONFORMITY NYS RPL § 299-a The undersigned does hereby certify that he is an attorney-at-law duly admitted to practice in the Commonwealth of Virginia and residing in the Commonwealth of Virginia; that he is fully acquainted with the laws of the Commonwealth of Virginia pertaining to the acknowledgment or proof of deeds of real property to be recorded therein; and that he is a person duly qualified to make this certificate of conformity pursuant to Section 299-a of the Real Property Law of the State of New York. The undersigned certifies that the acknowledgment upon the foregoing document by Shirlene Byrd, before Amanda Parker _, a notary public in the Commonwealth of Virginia, was taken in the manner prescribed by the laws of the Commonwealth of Virginia and conforms to those laws in all respects. Witness my signature this 2] _ day of March 2023. ALA William Weaver Snidow, Jr. Virginia State Bar No. 43219 5 of 13 INDEX NO. 2023-00023112 FILED: CLINTON COUNTY CLERK 05/03/2023 11:52 AM NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/03/2023 Capital One Account Itemization Defendant’s Full Name MARKUS J DIXON Last Payment Date 06/06/2022 Last Payment Amount $25.00 Charge Off Date 07/09/2022 Charge Off Amount $2031.77 Total Post Charge Off Interest $00.00 Total Post Charge Off Fees $00.00 Total Post Charge Off Credits $00.00 N00000051918921 1010919922 A120 RUBIN & ROTHMAN, LLC 6 of 13 INDEX NO. 2023-00023112 NYSCEF RECEIVED NYSCEF: 054,03(2023 Capital “| SAVOR ONE SavorOne Credit Card | World Elite Mastercard ending in 2247 May 09, 2022 - Jun 07, 2022 | 30 days in Billing Cycle PXolee Mec eg Payment Due Date For online and phone payments, the Previous Balance $2,056.77 deadline is 8pm ET. Jul 02, 2022 Payments - $25.00 New Balance Minimum Payment Due Other Credits $0.00 $2,031.77 $264.00 Transactions + $0.00 LATE PAYMENT WARNING:If we do not receive your minimum payment Cash Advances + $0.00 by your due date, you may have to pay a late fee of up to $40.00. Fees Charged + $0.00 MINIMUM PAYMENT WARNING:If you make only the minimum payment each period, you will pay more in interest and it will take you Interest Charged + $0.00 longer to pay off your balance. For example: New Balance = $2,031.77 Credit Limit $2,000.00 Available Credit (as of Jun 07, 2022) N/A Minimum Payment 12 Years $4,720 Cash Advance Credit Limit $600.00 Available Credit for Cash Advances N/A If you would like information about credit counseling services, call 1-888-326-8055. — i 300081 Your account is restricted and past due. Visit capitalone.com to manage your account and se8 your payment options Your card cannot be used. Account Notifications Please check page 3 of this statement for your Account Notifications. — sven ~ Pay or manage your account at capitalone.com Customer Service: 1-800-227-4825 See reverse for Important Information Capitaine tad Save time, stay informed. a5) Discover new features with MARKUS J DIXON the Capital One Mobile app. APTB ore 139 CORNELIA ST PLATTSBURGH, NY 12901-2778 Hehe alee tale ee ie oe i Payment Due Date: Jul 02, 2022 Account ending in 2247 New Balance Minimum Payment Due Amount Enclosed Capital One $ P.O. Box 6492 $2,031.77 $264.00 Carol Stream IL 60197-6492 Please send us this portion of your statement and only one check (or one money order) payable to Capital One to ensure your payment is processed promptly, Allow at least seven business days for delivery. Padedoe Metta th oy pelyoepelfl rr 2.7 07 2031770025000264009 = INDEX NO. 2023-00023112 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/03/2023 jow can | Avoid Paying Interest Charges? I you pay your New Balance in full by the due date yw do. 2 When you make a payment, you authorizeus to initiate an ‘each month, we will not charge interest on new transactions that post to the purchase balance. if ACH or electronic payment that wil be debited from your bank account or other related you have been paying in full without Interest Charges, but fail to pay your next New Balance in full, ‘account. When you provide a check or check information to make a payment, you authorize us ‘we will charge interest on the unpaid balance. Interest Charges on Cash Advances and Special to use information from the check to make a one-time ACH or other electronic transfer from ‘Transfers start on the transaction date, Promotional offers may allow you to pay less than the total your bank account. We may also process it as a check transaction. Funds may be withdrawn New Balance and avoid paying interest on new transactions that post to your purchase balance. {rom your bank account as soon as the same day we process your payment See the front of your statement for additional information. My Pay nt? We generally apply payments up to your Minimum low is the Interest Charge Determined? Interest Charges accrue from the date of the Payment fist to the balance with the lowest APR (including 0% APR), and then to balances transaction, date the transaction is processed or the first day of the Billing Cycle. Interest accrues with higher APRs. We apply any part of your payment exceeding your Minimum Payment fo daily on every unpaid amount until itis paid in ful. Interest accrued during a Biling Cycle posts to the balance with the highest APR, and then to balances with lower APRs. your account at the end of the Biling cycle and appears on your next statement. You may owe Interest Charges even if you pay the entire New Balance one month, but did not do so the prior illing Rights Summary (Does not Apply to Small Business Accounts) month. Once you start accruing Interest Charges, you generally must pay your New Balance in full What To Do If You Think You Find A Mistake On Your Statement: if you think there is an ‘two consecutive Billing Cycles before Interest Charges stop being posted to your Statement, error on your statement, write to us at: Interest Charges are added to the corresponding segment of your account. P.O. Box 30285, Salt Lake City, UT 84130-0286. Jo you assess a Minimum Interest Charge? We may assess a minimum Interest Charge of In your letter, give us the following information: $0 (00 for each Billing Cycle i your account is subject to an Interest Charge. Account information: Your name and account number. Dollar amount: The dollar amount of the suspected error. How do you Calculate the interest Charge? We use a method called Average Daily Balance * Description of Problem: If you think there is an error on your bill, describe what you believe is {including new transactions), ‘wrong and why you believe itis a mistake. You must contact us within 60 days after the error appeared on your statement. You must notify us of any potential erors in writing, You may call 1. First, for each segment we take the beginning balance each day and add in new transactions and Us oF notify us electronically, but if you do we are not required to investigate any potential the periodic Interest Charge on the previous day's balance. Then we subtract any payments and errors and you may have to pay the amount in question. We will nalfy you in writing within 30 credits for that segment as of that day. The result is the daily balance for each segment. However, if days of our receipt of your letter. While we investigate whether or not there has been an error, your previous statement balance was zero or a credit amount, new transactions which post to your the following are true: purchase segment are not addled to the daily balance + We cannot try to collect the amount in question, or report you as delinquent on that amount. ‘The charge in question may remain on your statement, and we may continue to charge you 2. Next, for each segment, we add the daily balances togetherand divide the sum by the numberof interest on that amount. But, fwe determine that we made a mistake, you will not have to pay days in the Biling Cycle, The result is the Average Daily Balance for each segment. ‘the amount in question or any interest or other fees relaied to that amount. + While you do not have to pay the amount in question until we send you a notice about the 3. At the end of each Billing Cycle, we multiply your Average Dally Balance for each segment by ‘outcome of our investigation, you are responsible forthe remainder of your balance. the daily periodic rate (APR divided by 366) for that segment, and then we multiply the result by the * We can apply any unpaid amount against your credit limit. Within 90 days of our receipt of umber of days in the Billing Cycle. We add the Interest Charges for all segments together. The your latter, we wil send you a written notice explaining either that we corrected the error (1o resultis your total Interest Charge forthe Bling Cycle. ‘appear on your next statement) or the reasons we believe the bill is correct. The Average Daily Balance is referredto as the Balance Subject lo Interest Rate in the Interest Your Rights ff You Are Dissatisfied With Your Purchase: If you are dissatisfied with the Charge Calculation section of this Statement. goods or services that you have purchased with your creditcard, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining NOTE: Due to rounding or a minimum Interest Charge, this calculation may vary slightly from the amount due on the purchase. To use this right, the following mustbe true: Interest Charge actually assessed, 1) You must have used your credit card for the purchase. Purchases made with cash advances from an ATM of with a check that accesses your credit card account do not qualify and 2) You must not yet have fully pad for the purchase. How Membership can | Avoid Fees? I a Renewal Notice is printed on this statement. you may fall ofthe criteria above are met and you are stil dissatisfied with the purchase, contact us in avoid paying an annual membership Fee by contacting Customer Service no laler than 45 days writing at: P.O. Box 30285, Salt Lake City, UT 84130-0285. While we investigate, the same after the last day in the Billing Cycle covered by this statement to request that we close your rules apply to the disputed amount as discussed above. Afterwe finish our investigation, we account. To avoid paying a monthly membership Fee, close your account and we will stop will tell you our decision. At that point, if we think you owe an amount and you do not pay we assessing your monthly membership Fee. ‘may report you as delinquent. You can contact Customer Service anytime to request that we ©2020 Capital One. Capital One is a federally registered service mark close your account, ETC-08 10/01/2020 How do | Make Payments? You may make your payment in several ways: fa Pay online at capitalone.com ‘Online Banking by logging into your account; Capital One Mobile Banking app for approved electronic devices; f Calling the telephone number listed on the front of this statement and providing the A | Pay using the Capital One mobile app required payment information; Sending mail payments to the address on the front of this statement with the payment coupon or your account information. #5) Customer Service 1-800-227-4825 ll P: {2 For mobile, online or over the phone, as of the business day we receive it, as long as it is made by 8 p.m. For mail, as of the business day we receive it, as long as it is received by 5 p.m. Changing your mailing address? local time at our processing center. You must send the bottom portion of this, statement and your check to the payment address on the front of this statement. You can change your address by signing into your account online or by calling Please allow at least seven (7) business days for mail delivery. Mailed payments received by us at any other location or payments in any other form may not be Customer Service. credited as of the day we receive them, Any written request on this form will not be honored. 8 of 13 =: INDEX NO. 2023-00023112 NYSCEF DOC RECEIVED NYSCEF: 0540342033 Capital SAVORONE SavorOne Credit Card | World Elite Mastercard ending in 2247 May 09, 2022 - Jun 07, 2022 | 30 days in Billing Cycle BEC laNt-lel tla) ' Ie we 4 Fee oe ee MARI KUS J DIXON #2247: Paym ents, Credits and Adjustments Trans Date Post Date Description Amount Jun 6 Jun 6 Cap 1 DebitCardPhonePmtAuthDate 06-Jun $25.00 MARKUSJ DIXON #2247: Transactions Trans Date Post Date Description Amount a ee seen ee 4 7 ie ies m Trans Date Post Date Description Amount —— en Total Fees for This Period $0.00 ng i wa es a Interest Charge on Purchases — a a $0.00 Interest Charge on Cash Advances $0.00 Interest Charge on Other Balances 00 Total Interest for This Period $0.00 se asses sa si Total Fees charged $80.00 Total Interest charged $0.00 Your Annual Percentage Rate (APR) is the annual interest rate on your account. Type of Balance Annual Percentage Rate (APR) Balance Subject to Interest Rate Interest Charged Purchases 0.00% $2,055.10 $0.00 Cash Advances 25.74% P $0.00 $0.00 Variable APRs; if you have a letter code displayed next to any of the above APRs, this means they are variable APRs. They may increase or decrease based on one of the following indices (reported in The Wall Street Journal) as described below. Code next to your How do we calculate your APR(s)? ‘When your APR(s) will change APR(s) P Prime Rate + margin The first day of the Billing Cycles that end in Jan., April, July and Oct. L 3 month LIBOR + margin D Prime Rate + margin The first day of each Billing Cycle F 1 month LIBOR + margin Additional Information on the next page 9 of 13 iD: ON OUN NK AW INDEX NO. 2023-00023112 NYSCEF BOC RECEIVED NYSCEF: 0540342023 Capital SAVORONE SavorOne Credit Card | World Elite Mastercard ending in 2247 May 09, 2022 - Jun 07, 2022 | 30 days in Billing Cycle EXotoroMy (vehi Cerny For questions about this account, please 1S 2 all at 1-800-955-6606, We'll be glad to help you Moneay through Friday trom 8 a.m. to 11 p.m. ET, and Saturday ane Sunday fram 8 a.m, to 5 pam, ET Your account Aas gone over its credit limit and is currently past New York residents may contact the New York State Department of Financial Services to obtain a comparative listing of credit card rates, fees, and grace periods. Contact the New York State Department of Financial Services: 1-877-226-5697 or www.dfs.ny.gov. Your minimum payment was not received in time to avoid a late fee. As a courtesy, we didn't charge you a late fee this month, Please note that we may charge a late fee in future months if we don't receive at least your minimum payment by your due date. 10 of 13 =: INDEX NO. 2023-00023112 NYSCEF Dey 8 RECEIVED NYSCEF: 0549342023 CapitalOne SAVORONE SavorOne Credit Card | World Elite Mastercard ending in 2247 Jun 08, 2022 - Jul 08, 2022 | 31 days in Billing Cycle EN TU eee) Payment Due Date For online and phone payments, the Previous Balance $2,031.77 PAST DUE deadline is 8pm ET. Payments $0.00 New Balance Minimum Payment Due Other Credits $0.00 $2,031.77 $2,031.77 Transactions + $0.00 IMPORTANT: Your account has charged off and is now serviced by the Cash Advances + $0.00 Recoveries department at 1-800-258-9319. Your full balance is due. Any payment you make will reduce your balance and help pay off your debt Fees Charged + $0.00 faster. The amount you owe may differ if you've entered into a separate payment agreement. Interest Charged + $0.00 New Balance = $2,031.77 Available Credit (as of Jul 08, 2022) N/A Account Notifications @ New York residents may contact the New York State Department of Financial Services to obtain a comparative listing of credit card rates, fees, and grace periods. Contact the New York State Department of Financial Services: 1-877-226-5697 or www.dfs.ny.gov. ~ a ee cen snes Pay or manage your account at capitalone.com Customer Service: 1-800-227-4825 See reverse for Important Information Capitaine MARKUS J DIXON APT B 139 CORNELIA ST PLATTSBURGH, NY 12901-2778 heh halal taled le il Payment Due Date: Past Due Account ending in 2247 New Balance Minimum Payment Due Amount Enclosed Capital One P.O. Box 6492 $2,031.77 $2,031.77 $ Carol Stream IL 60197-6492 Please send us this portion of your statement and only one check (or ane money order) payable to Capital One Phebe feet fog egg yest fenpefepetyeeqetyt to ensure your payment is processed promptly. Allow at least seven business days for delivery. 1 2 47 08 2031770025000000008 INDEX NO. 2023-00023112 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/03/2023 fow can | Avoid Paying Interest Charges? If you pay your New Balance in full by the due date ‘When you make a payment, you authorize us to initiate an each month, we will not charge interest on new transactions that post to the purchase balance. If ACH or electronic payment that will be debited from your bank account or other related you have been paying in full without Interest Charges, but fail to pay your nex! New Balance in full, ‘account. When you provide a check or check information to make a payment, you authorize us we will charge interest on the unpaid balance. Interest Charges on Cash Advances and Special to use information from the check to make a one-time ACH or other electronic transfer from Transfers start on the transaction date, Promotional offers may allow you to pay less than the total your bank account. We may also process it as a check transaction, Funds may be withdrawn New Balance and avoid paying interest on new transactions that post to your purchase balance. from yout bank account as soon asthe same day we process your payment. ‘See the front of your statement for additional information. Pay We generally apply payments up to your Minimum How is the Interest Charge Determined? Interest Charges accrue from the date of the Payment fist to the balance with the Iowest APR (including 0% APR), and then to balances transaction, date the transaction is processed or the first day of the Billing Cycle. Interest accrues. with higher APRs. We apply any part of your payment exceeding your Minimum Payment to daily on every unpaid amount until itis paid in ful, Interest accrued during a Billing Cycle posts to the balance with the highest APR, and then to balances with lower APRs. your account at the end of the Billing cycle and appears on your next statement. You may owe Interest Charges even if you pay the entire New Balance one month, but did not do so the prior mmary (D: Ag pply to Sm: al Busines: month, Once you start accruing Interest Charges, you generally must pay your New Balance in full ‘You Think You Find A Mistake On YourSta If you think there is an two consecutive Billing Cycles before Interest Charges stop being posted to your Statement error on your statement, write to us at: Interest Charges are added to the corresponding segment of your account. P.O. Box 30285, Salt Lake City, UT 4130-0285, Do you assess a Minimum Interest Charge? We may assess a minimum Interest Charge of In your letter, give us the following information: ‘$0.00 for each Billing Cycle if your account is subject to an Interest Charge. * Account information: Your name and account number. + Dollar amount: The dollar amount of the suspected error. How do you Calculate the interest Charge? We use a method called Average Daily Balance + Description of Problem: if you think there is an error on your bill, describe what you believe is (including new transactions). ‘wrong and why you believe itis a mistake. You must contact us within 60 days after the error appeared on your statement. You must notify us of any potential errors in writing. You may call 1. First, for each segmentwe take the beginning b