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NOTICE: THIS DOCUMENT.
CONTAINS SENSITIVE DATA
NO.
CITIBANK, N.A. IN THE COUNTY COURT
vs, § AT LAW NO. OF
HUONG M TRAN § MONTGOMERY COUNTY, TEXAS
PLAINTIFF'S ORIGINAL PETITION
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, CITIBANK, N.A. (“Plaintiff”), and files this, its Original Petition, complaining
of HUONG M TRAN, Defendant herein ("Defendant"), and for cause of action would respectfully
show this Honorable Court the following:
PARTIES. Plaintiff, CITIBANK, N.A. is located at 701 E, 60th Street North, Sioux Falls, SD
$7117. CITIBANK, N.A. is the successor by merger to Citibank (South Dakota), N.A.
Defendant is HUONG M TRAN, who may be served with process at 9219 BETANCOURT CV,
MAGNOLIA TX.77354-7126, or any other valid address,
I. DISCOVERY LEVEL
Plaintiffintends discovery to be conducted under Level 1 of Rule 190 of the Texas Rules of Civil
Procedure.
II.. VENUE AND JURISDICTION
Venue is proper in this Court because Montgomery County, Texas is where the Defendant
resides.
The amount in controversy is within the jurisdictional limits of this Court. Plaintiff seeks only
monetary relief of $250,000.00 or less, including damages of any kind, penalties, costs,
expenses, pre-judgment interest, and attorney fees.
Ill. FACTS
PLAINTIFF'S ORIGINAL PETITION - Pago 1
In the usual course of business, Defendant entered into an agreement for the credit account that
forms the basis of this suit on or about July 20, 2021. At all times relevant hereto, Defendant
was the primary cardholder under the account.
Defendant requested that the account currently bearing number XXXXXXXXXXXX4953 (the
Account") be opened, and the account was opened. ‘The term "account number" means the full
and complete account number assigned to the credit card account by the bank.
‘The Account is governed by the applicable Terms and Conditions ("Terms and Conditions"), as
they may be amended from time to tirie. Defendant is responsible for repayment of extensions
of credit, as set oul by the Terms and Conditions.
The Account was used to make purchases of goods and/or services and/or to receive cash
advances.
The Account represents a transaction or series of transactions, of which a systematic record has
been kept.
In accordance with the Terms and Conditions, Defendant was properly billed for payment of the
extensions of credit on the Account.
10 Defendant has failed to pay the amounts due and owing,
11 ‘The amount being sought on the Account is $27,901.83. A true and correct copy of the Account
statement showing the balance sought is attached hereto and marked as Exhibit "1" and is
incorporated herein by reference, (This is not a suit on a sworn account).
12. As a result of Defendant's failure (o pay, Plaintiff found it necessary to employ an attorney to
collect such amounts,
13,.All conditions precedent have been performed or have occurred.
IV, ACCOUNT STATED
PLAINTIFF'S ORIGINAL PETITION - Page 2
14. Plaintiff alleges that it should recover from Defendant for an account stated. Defendant's series
of transactions on the Account has resulted in the indebtedness of Defendant to Plaintiff. A
written statement of the amount owed was transmitted to Defendant. Defendant has failed to
pay.
V. ATTORNEYS! FEES
15. Defendant's default has made it necessary for Plaintiff to employ the undersigned attorneys to
file suit. Plaintiff requests a reasonable fee for the attorneys’ services rendered and to be
rendered in this case. Plaintiff is entitled to recover attorneys’ fees pursuant to the Terms and
Conditions and the provisions of Chapter 38 of the Texas Civil Practices and Remedies Code,
through trial, any appeal, and post-judgment collection.
VI. PRAYER
WHEREFORE, Plaintiff, CITIBANK, N.A., prays that --
A Defendant be cited to appear and answer herein;
B Plaintiff be granted judgment for the amount due;
Plaintiff be granted judgment for all costs of court;
Plaintiff be awarded reasonable attorneys’ fees;
Plaintiff be awarded additional reasonable attorneys’ fees and costs in the event of an appeal;
PLAINTIFF'S ORIGINAL PETITION - Pago 3
F.. Plaintiff be awarded additional reasonable attorneys! fees and costs for any post-judgment
collection efforts; and
G. Plaintiff be granted such other and further relief, special or general, legal or equitable, to
which Plaintiff may be justly entitled.
Respectfully Submitted,
MOSS LAW FIRM, P.C.
P.O, Box.3340
Lubbock, Texas 79452-3340
(806) 796-7375
FAX (806) 771-0062
Email: e-Service@mosslawfirmpce.com
By: () SBC:24092918
Avwber ©. Teal
MICHAEL A. MOSS, ATTORNEY IN CHARGE per TRCP 8, SBN 24054360
ATTORNEYS FOR PLAINTIFF
THE DEFENDANT IS PUT ON NOTICE THAT THE TEXAS RULES OF CIVIL
PROCEDURE REQUIRE THAT A COPY OF ALL DOCUMENTS FILED WITH THE
COURT BE SENT TO OPPOSING COUNSEL.
PLAINTIFF'S ORIGINAL PETITION - Page 4
e) cs 5
cag Cre at (or Tx) olla
HUONG M TRAN Billing Inquirtos and Customor Service
‘Member SInce 2021 Account number ending In: 4953 PO BOX 6062 SIOUX FALLS, SD 57117
Blillng Period:10/11/23-11/09/23 1-800-846-8444, (TTY: 711)
www.eltleards.com
Account Summary
NOVEMBER STATEMENT. Previous balance $27,419.12
Minimum payment due: =~" $2 7/30183
901.83
Payments °$0.00
New balance as of 11/09/23: 1 901.83 Credits -$0.00
Payment due date: 11/09/23. +$0.00
vent for Important Information about how to Purchases
avold paying inl f ferest on purc} 8 SES,
See the last pat jeof this stat +$0,00
Cash advances
Fees +$0,00
interest +$482.71
Lato Paymant WarningsIf we do not receive your minimum payment by the
date listed above, you may have to pay a late fee of up to $41 and your APRs Now balance $27,901.83
may be Increased up to the Penalty APR of 29,99%.
Credit Limit
Minimum Payment Warning:If you make only the minimum payment each
perlod, you will pay more in interest and it will take you longer to pay off your Credit limit $24,500
balance. For example: Includes $3,200 cash advance limit
If you make no additional You will pay off the And you will end up
chargos using this card batance.shown on this aying an estimated
and each month you pay... statement In about... ‘otal of...
Only the minimum payment Imonth(s) $27,902
For information about credit counseling services, call 1-877-337-8188,
For-Payments, send check to: CITI CARDS, PO BOX 78045, PHOENIX, AZ, 85062-8045
® Pay online www.citicards.com
Minimum payment due $27,901.83
© Pay by phone. 1-800-846-8444 New balance $27,901.83
Payment due date 1/09/23
Pay by mal! Use this coupon
© Enclose alld check or money osdar payable
to CIT CARDS,No cash of forelgn currency. Amount enclosed:
¢ Welto tha last tour digits of your
account number on your check.
Account number ending In 4953
000000 MC 34 AO Piease make check payable to CIT} CARDS.
HUONG M TRAN
CITI CARDS EXHIBIT
lek,
PO BOX 76045
PHOENIX, AZ 85062-8045
y
3
) ERIC
www.elticards.com Customer Sarvice 1-800-846-8444 Page 2 of2
ATTY: 711)
HUONG M TRAN
Account Summary
Trans, Post
gate dale Description Amount
Fees charged
Total foes charged In this billing porlod Hon
Interest charged
Date Description Amount
‘ARGED TO PUR PR-08/30/23. $479.70
W/09 INTEREST CHARGED TO PUR PR-08/30/23, $2.28
Total Interest charged In this billing porlod $402.71
2023 totals year-to-date
In 2023 $194.00
Tota! interest chargad in 2023 $4,305.85
Interest charge calculation Days In billing cycle: 30
Balance type
anual percent
to (Al sf Balance subject
to interest rate Interost.charge
21.24% (V) $42.05 (D) $0.73.
Pur Pr 053023
87 (0) $2.28
ADVAI
ani $0.00 (D) $0.00
Your Annual Percontaga Rate (APR) Is the annual Interest rale on your account. APRs followed
by (V) may vary. Balances followed by (D) are determined by the dally balance method
including current transactions),
Account messages
Minimum Payment Due includes past due amounts. Your account may be with
ou may be referred to the
acollection vendor and when you call our number,
vendor, You may reach us at the toll-free number shown above.
Monday-Friday 7am to 10 pm, Saturday 7 am to 7.pm, and Sunday 8 am to 7.
pm Central Time,
© 2023 Citibank, NA.
Citi, Citi and Arc Desi in and other marks used herein are service marks of
Citigroup Ii inc.or Its affiliates, used and registered throughout the world.
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NOTICE: THIS DOCUMENT. CONTAINS SENSITIVE DATA NO. CITIBANK, N.A. IN THE COUNTY COURT vs, § AT LAW NO. OF HUONG M TRAN § MONTGOMERY COUNTY, TEXAS PLAINTIFF'S ORIGINAL PETITION TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, CITIBANK, N.A. (“Plaintiff”), and files this, its Original Petition, complaining of HUONG M TRAN, Defendant herein ("Defendant"), and for cause of action would respectfully show this Honorable Court the following: PARTIES. Plaintiff, CITIBANK, N.A. is located at 701 E, 60th Street North, Sioux Falls, SD $7117. CITIBANK, N.A. is the successor by merger to Citibank (South Dakota), N.A. Defendant is HUONG M TRAN, who may be served with process at 9219 BETANCOURT CV, MAGNOLIA TX.77354-7126, or any other valid address, I. DISCOVERY LEVEL Plaintiffintends discovery to be conducted under Level 1 of Rule 190 of the Texas Rules of Civil Procedure. II.. VENUE AND JURISDICTION Venue is proper in this Court because Montgomery County, Texas is where the Defendant resides. The amount in controversy is within the jurisdictional limits of this Court. Plaintiff seeks only monetary relief of $250,000.00 or less, including damages of any kind, penalties, costs, expenses, pre-judgment interest, and attorney fees. Ill. FACTS PLAINTIFF'S ORIGINAL PETITION - Pago 1 In the usual course of business, Defendant entered into an agreement for the credit account that forms the basis of this suit on or about July 20, 2021. At all times relevant hereto, Defendant was the primary cardholder under the account. Defendant requested that the account currently bearing number XXXXXXXXXXXX4953 (the Account") be opened, and the account was opened. ‘The term "account number" means the full and complete account number assigned to the credit card account by the bank. ‘The Account is governed by the applicable Terms and Conditions ("Terms and Conditions"), as they may be amended from time to tirie. Defendant is responsible for repayment of extensions of credit, as set oul by the Terms and Conditions. The Account was used to make purchases of goods and/or services and/or to receive cash advances. The Account represents a transaction or series of transactions, of which a systematic record has been kept. In accordance with the Terms and Conditions, Defendant was properly billed for payment of the extensions of credit on the Account. 10 Defendant has failed to pay the amounts due and owing, 11 ‘The amount being sought on the Account is $27,901.83. A true and correct copy of the Account statement showing the balance sought is attached hereto and marked as Exhibit "1" and is incorporated herein by reference, (This is not a suit on a sworn account). 12. As a result of Defendant's failure (o pay, Plaintiff found it necessary to employ an attorney to collect such amounts, 13,.All conditions precedent have been performed or have occurred. IV, ACCOUNT STATED PLAINTIFF'S ORIGINAL PETITION - Page 2 14. Plaintiff alleges that it should recover from Defendant for an account stated. Defendant's series of transactions on the Account has resulted in the indebtedness of Defendant to Plaintiff. A written statement of the amount owed was transmitted to Defendant. Defendant has failed to pay. V. ATTORNEYS! FEES 15. Defendant's default has made it necessary for Plaintiff to employ the undersigned attorneys to file suit. Plaintiff requests a reasonable fee for the attorneys’ services rendered and to be rendered in this case. Plaintiff is entitled to recover attorneys’ fees pursuant to the Terms and Conditions and the provisions of Chapter 38 of the Texas Civil Practices and Remedies Code, through trial, any appeal, and post-judgment collection. VI. PRAYER WHEREFORE, Plaintiff, CITIBANK, N.A., prays that -- A Defendant be cited to appear and answer herein; B Plaintiff be granted judgment for the amount due; Plaintiff be granted judgment for all costs of court; Plaintiff be awarded reasonable attorneys’ fees; Plaintiff be awarded additional reasonable attorneys’ fees and costs in the event of an appeal; PLAINTIFF'S ORIGINAL PETITION - Pago 3 F.. Plaintiff be awarded additional reasonable attorneys! fees and costs for any post-judgment collection efforts; and G. Plaintiff be granted such other and further relief, special or general, legal or equitable, to which Plaintiff may be justly entitled. Respectfully Submitted, MOSS LAW FIRM, P.C. P.O, Box.3340 Lubbock, Texas 79452-3340 (806) 796-7375 FAX (806) 771-0062 Email: e-Service@mosslawfirmpce.com By: () SBC:24092918 Avwber ©. Teal MICHAEL A. MOSS, ATTORNEY IN CHARGE per TRCP 8, SBN 24054360 ATTORNEYS FOR PLAINTIFF THE DEFENDANT IS PUT ON NOTICE THAT THE TEXAS RULES OF CIVIL PROCEDURE REQUIRE THAT A COPY OF ALL DOCUMENTS FILED WITH THE COURT BE SENT TO OPPOSING COUNSEL. PLAINTIFF'S ORIGINAL PETITION - Page 4 e) cs 5 cag Cre at (or Tx) olla HUONG M TRAN Billing Inquirtos and Customor Service ‘Member SInce 2021 Account number ending In: 4953 PO BOX 6062 SIOUX FALLS, SD 57117 Blillng Period:10/11/23-11/09/23 1-800-846-8444, (TTY: 711) www.eltleards.com Account Summary NOVEMBER STATEMENT. Previous balance $27,419.12 Minimum payment due: =~" $2 7/30183 901.83 Payments °$0.00 New balance as of 11/09/23: 1 901.83 Credits -$0.00 Payment due date: 11/09/23. +$0.00 vent for Important Information about how to Purchases avold paying inl f ferest on purc} 8 SES, See the last pat jeof this stat +$0,00 Cash advances Fees +$0,00 interest +$482.71 Lato Paymant WarningsIf we do not receive your minimum payment by the date listed above, you may have to pay a late fee of up to $41 and your APRs Now balance $27,901.83 may be Increased up to the Penalty APR of 29,99%. Credit Limit Minimum Payment Warning:If you make only the minimum payment each perlod, you will pay more in interest and it will take you longer to pay off your Credit limit $24,500 balance. For example: Includes $3,200 cash advance limit If you make no additional You will pay off the And you will end up chargos using this card batance.shown on this aying an estimated and each month you pay... statement In about... ‘otal of... Only the minimum payment Imonth(s) $27,902 For information about credit counseling services, call 1-877-337-8188, For-Payments, send check to: CITI CARDS, PO BOX 78045, PHOENIX, AZ, 85062-8045 ® Pay online www.citicards.com Minimum payment due $27,901.83 © Pay by phone. 1-800-846-8444 New balance $27,901.83 Payment due date 1/09/23 Pay by mal! Use this coupon © Enclose alld check or money osdar payable to CIT CARDS,No cash of forelgn currency. Amount enclosed: ¢ Welto tha last tour digits of your account number on your check. Account number ending In 4953 000000 MC 34 AO Piease make check payable to CIT} CARDS. HUONG M TRAN CITI CARDS EXHIBIT lek, PO BOX 76045 PHOENIX, AZ 85062-8045 y 3 ) ERIC www.elticards.com Customer Sarvice 1-800-846-8444 Page 2 of2 ATTY: 711) HUONG M TRAN Account Summary Trans, Post gate dale Description Amount Fees charged Total foes charged In this billing porlod Hon Interest charged Date Description Amount ‘ARGED TO PUR PR-08/30/23. $479.70 W/09 INTEREST CHARGED TO PUR PR-08/30/23, $2.28 Total Interest charged In this billing porlod $402.71 2023 totals year-to-date In 2023 $194.00 Tota! interest chargad in 2023 $4,305.85 Interest charge calculation Days In billing cycle: 30 Balance type anual percent to (Al sf Balance subject to interest rate Interost.charge 21.24% (V) $42.05 (D) $0.73. Pur Pr 053023 87 (0) $2.28 ADVAI ani $0.00 (D) $0.00 Your Annual Percontaga Rate (APR) Is the annual Interest rale on your account. APRs followed by (V) may vary. Balances followed by (D) are determined by the dally balance method including current transactions), Account messages Minimum Payment Due includes past due amounts. Your account may be with ou may be referred to the acollection vendor and when you call our number, vendor, You may reach us at the toll-free number shown above. Monday-Friday 7am to 10 pm, Saturday 7 am to 7.pm, and Sunday 8 am to 7. pm Central Time, © 2023 Citibank, NA. Citi, Citi and Arc Desi in and other marks used herein are service marks of Citigroup Ii inc.or Its affiliates, used and registered throughout the world.