Preview
System Generated Hearing Date: 1/10/2025 10:00 AM
Location: Court Room 1101
Judge: Allegretti, J ohn Michael
FILED
4/24/2024 1:20 AM
IRIS Y. MARTINEZ
CIRCUIT CLERK
COOK COUNTY, IL
20241110945
Courtroom, 1101
27393660
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
American Express National Bank No. 20241110945
Plaintiff,
VS. Return Date:
CUC HUYNH aka CUC T HUYNH
Defendant(s). Amount Claimed: $26,389.00
Plus Court Costs
COMPLAINT
NOW COMES the Plaintiff, by and through its attorneys, Blitt and Gaines, P.C., and complaining of the Defendant(s),
states as follows:
Count I: BREACH OF CONTRACT
The Defendant(s) opened a charge account and/or line of credit with American Express National Bank or its
predecessor in interest on July 5, 2019, whereby Defendant(s) could charge goods and/or services to the
account and/or receive cash advances.
The Defendant(s) used the account, thereby agreeing to all of the terms and conditions in place at the time of
such use. Attached hereto and incorporated herein as "Exhibit A" is a copy of the card member agreement.
Defendant(s) subsequently defaulted by failing to make the minimum payment(s).
After receiving all payments, debits, credits and set offs, there is now due and owing from Defendant(s) to
Plaintiff
the sum of $26,389.00.
Due demand has been made on the Defendant(s) to pay this amount and the Defendant(s) have failed to do so.
By reason of the foregoing, Plaintiff is entitled to judgment against Defendant(s) for breach of contract in the
sum of $26,389.00, plus court costs.
7 This suit has been filed within the relevant statute of limitations.
FILENO: 24032649
TYPE: COMPLAINT
Count II: ACCOUNT STATED
Plaintiff repeats and re-alleges each and every allegation contained in paragraphs | through 6 of this complaint
as though fully set forth at length herein.
Periodic statements were sent to Defendant(s) by regular or electronic mail which set forth in detail, all debits
and credits, the total balance due, the interest rate and the minimum payment.
10. Attached hereto and incorporated herein as "Exhibit B" is a copy of the last periodic statement provided to
Defendant prior to charge-off.
11 Defendant(s) did not object to the statement, indicate that the statement contains an error, nor indicate that it
was erroneous in any respect within a reasonable period of time.
12. After receiving all payments, debits, credits and set offs, there is now due and owing from Defendant(s) to
Plaintiff
the sum of $26,389.00.
13. Due demand has been made on the Defendant(s) to pay this amount and the Defendant(s) have failed to do so.
14. By reason of the foregoing, Plaintiff is entitled to judgment against Defendant(s) for account stated in the sum.
of $26,389.00, plus court costs.
15 This suit has been filed within the relevant statute of limitations.
WHEREFORE, the Plaintiff, requests judgment against Defendant(s) as follows:
@) On Count I, Plaintiff requests judgment for breach of contract in the sum of $26,389.00, plus court
costs; or
(ii) On Count II, Plaintiff requests judgment for account stated in the sum of $26,389.00, plus court costs;
and
(iii) for such other and further relief as this Court deems just and reasonable.
Blitt and Gaines, P.C.
Attorney at Law
775 Corporate Woods Parkway /s/ Frank Janello ARDC #6269997
Vernon Hills, IL 60061 Attomey for Plaintiff
(800) 998-4591 TTY: 711
pleadings2@blittandgaines.com
24032649
32887
This communication is from a debt collector. This is an attempt to collect a debt and any information obtained will be
used for that purpose.
American Express National Bank,
Plaintiff
v. CASE NUMBER:
CUC HUYNH Aka CUC T HUYNH,
Defendant(s)
CREDIT CARD OR DEBT BUYER COLLECTION ACTION AFFIDAVIT
(SUPREME COURT RULE 280.2)
INSTRUCTIONS: Provide the following information and documents. Supreme Court Rule 280.1
provides the definitions of the terms in this Affidavit.
Comes now affiant, and states:
Iam a designated Agent of American Express National Bank' (Plaintiff).
Iam of adult age and am fully authorized by Plaintiffto make the following representations. I
am familiar with the record keeping practices of Plaintiff. The following representations are true
according to documents kept in the normal course of Plaintiffs business and/or my personal
knowledge:
1 IDENTIFICATION ABOUT THE CONSUMER DEBT OR ACCOUNT
Complete the tables.
a.
As of charge-off date:
Full name of the Date the account was| Nature of the debt,
Full name of the defendant as it appears Last four digits of opened or the debt (credit card debt,
creditor on the account the account number originated payday loan, retail
installment loan, etc.)
American Express CUC HUYNH Aka 1006 7/5/2019 Credit Card Debt
National Bank CUC T HUYNH,
"On April 1, 2018 American Express Centurion Bank changed its name to American Express National Bank and American
Express Bank FSB, merged with American Express National Bank with American Express National Bank as the surviving entity
after the merger. See, https://www.occ.treas. gov/topics/licensing/interpretations-and-actions/2018/interpretations-and-actions-
jan-2018.html. See also, 12 U.S.C. § 35; 12 CFR 5.24 and 12 U.S.C. § 1828 et seq.
b The most recent activity on the account prior to or after charge-off, includes:
Amount of Charge-off Date of Last Amount of Last
Original Debt or Date Payment Payment Total Amount of
Charge-off Balance Credits and/or
Payments Since
Charge-off Date.**
$26,389.00 1/15/2024 9/6/2023 $169.00 $00.00
* Last payment on the account, pre- or post-charge.off.
**Credits or payments made within 30 days of signing of this affidavit may not be reflected
¢. For a revolving credit account, Plaintiff further certifies that it has in its possession and can
produce on request the most recent monthly statement recording a purchase, transaction, last
payment or balance transfer.
2. PROOF OF OWNERSHIP OR RIGHT TO SUE FOR DEBT BUYERS
Complete the table and list the prior owners or creditors since the charge-off date. Start with
the first assignment through the current creditor or owner of the consumer debt. List in
chronological order, beginning with the first assignment
From (Name) To (Name) Date of Assignment
(On or About)
& Does not apply — Plaintiff is the charge-off creditor.
ADDITIONAL ACCOUNT INFORMATION AFTER CHARGE-OFF
Plaintiff is seeking additional amounts after the charge-off date:
No*
CO Yes. If yes, as the charge-off date and within the last 30 days:
O Total amount of interest accrued: $ 5
O Total amount of non-interest charges or fee accrued $
O Plaintiff is seeking attomey’s fees in the amount of $
C Returned payment(s) in the amount of $
Balance due and owing as of date of affidavit: $26,389.00
*Costs prayed for in the Complaint will not be reflected.
IL_AENB_001 Page 2 of 3
Affiants may certify their statements pursuant to section 109 of the Code of Civil Procedure or have their
signature notarized in the manner required by law.
Under penalties as provided by law under section 1-109 of the Code of Civil Procedure, the undersigned
certifies that the statements set forth in this instrument are true and correct, except as to matters therein
Stated to be on information and belief and as to such matters the undersigned certifies as aforesaid that [s]he
verily believes the same to be true.
Melanie Dixon nee AWAD 04/04/2024
Name of Affiant Signature of Affiant Date
IL_AENB_001 Page 3 of 3
EXHIBIT A
Cardmember Agreement: Part 1 of 2 As of: 07/05/2019
Amazon Business Prime Card Company Name: TB
Cardmember Name: CUC HUYNH
Credit Li it: $12,000 (Cash Advance Li it: $2,400) Account Ending Inl1006
Rates and Fees Table Issuer: American Express National Bank
Annual Percentage Rate
(APR) for Purchases
24.49% (Prime Rate + 18.99%)
This APR will vary based on the Prime Rate.
APR for Cash Advances 27.24% (Prime Rate + 21.74%)
This APR will vary based on the Prime Rate.
Penalty APR and When it 29.99% (Prime Rate + 25.99%)
Applies This APR will vary based on the Prime Rate.
This APR will apply, subject to the following paragraph, to all balances on your account if
you:
1) make a payment that is returned;
2) make 2 late payments in 12 months; or
3) do not make the Minimum Payment due by the closing date of the billing period in
which it is due.
When Does the Penalty APR Apply to Payment Terms Purchases? If the penalty
APR is applied for any of these reasons, it will apply, subject to applicable law, to
Payment Terms purchases from the day after the Payment Terms period ends and for the
remaining duration that the Penalty APR applies. See When we charge interest in Part 2.
How Long Will the Penalty APR Apply? If the penalty APR is applied for any of these
reasons, it will apply, subject to applicable law, for at least 12 billing periods in a row.
In addition, the penalty APR will continue to apply until after you have made timely
payments with no returned payments for 12 billing periods in a row.
Paying Interest Your due date is at least 25 days after the close of each billing period. We will not charge
you interest on purchases if you pay your entire standard balance by the due date each
month. Payment Terms purchases will be included in the standard balance after their
Payment Terms period has expired. We will not charge you interest on Payment Terms
purchases during their Payment Terms period. We will begin charging interest on cash
advances on the transaction date.
Annual Membership Fee None
Transaction Fees
+ Cash Advance Either $5 or 3% of the amount of each cash advance, whichever is greater.
+ Foreign Transaction None
Penalty Fees
Late Payment Up to $38.
Returned Payment $38
+ Overlimit None
How we calculate interest: We use the Average Daily Balance method (including new transactions). See the How we
calculate interest section in Part 2.
349992716565397 CMAENAOT0000024 1066020 1065936 Page 1 of 4
How Rates and Fees Work
Calculating The Annual Percentage Rate (APR) for variable rates is determined by adding an amount (margin) to
APRs and DPRs the Prime Rate (see Determining the Prime Rate in Part 2). The Daily Periodic Rate (DPR) is 1/365th off
the APR, rounded to one ten-thousandth of a percentage point.
Rate Description Prime + Margin APR DPR
Purchase Prime + 18.99% 24.49% 0,0671%
Cash Advance Prime + 21.74% 27.24% 0,0746%
Penalty Prime + 25.99%* 29.99% 0,0822%
“The variable penalty APR will not exceed 29.99%
When the penalty APR will The penalty APR applies, subject to the paragraph below, to all balances on your account if:
apply + you do not pay at least the Minimum Payment Due by the Closing Date of the ing period in
which it is due;
+ you do not pay at least the Minimum Payment Due by the Payment Due Date 2 times in 12 billing
periods; or
+ your payment is returned by your bank.
If the penalty APR is applied for any of these reasons, it will apply, subject to applicable law, to
Payment Terms purchases from the day after the Payment Terms period ends and for the remaining
duration that the Penalty APR applies. See When we charge interest in Part 2.
How long the penalty APR The penalty APR will continue to apply until after you have made timely payments with no retumed
will apply payments for 12 billing periods in a row.
it
We add fees to a purchase balance, unless we tell you otherwise.
Annual Membership This fee is on the Rates and Fees Table on page 1 of Part 1.
Late Payment Up to $38. If we do not receive the Minimum Payment Due by its Payment Due Date, the fee is $38,
However, the late fee will not exceed the Minimum Payment Due. Paying late may also result ina
penalty APR. See When the penalty APR will apply above.
Returned Payment $38 if your payment is returned unpaid the first time we present it to your bank.A retumed payment
may also result in a penalty APR, See When the penalty APR will apply above.
Returned Check $38 if you use your card to cash a check at one of our approved locations and the check is returned
unpaid. We will also charge you the unpaid amount.
Overlimit None. See Credit limit and cash advance limit in Part 2.
Cash Advance 3% of the withdrawal and other services you obtain (including any fee charged by the ATM operator),
with a minimum of $5. We will add this fee to the cash advance balance.
Foreign Transaction None
Part 1, Part 2 and any supplements or amendments make up your Cardmember Agreement.
3499927 16565397 CMAENAOT0000024 1066020 1065936 Page 2 of 4
Supplement to the Cardmember Agreement
How Your Reward Program Works
Amazon Business American Express Card
Amazon Prime We determine your rewards status based on If your Amazon account has an eligible Prime
membership and your whether the Amazon.com or Amazon Business membership at the time your Card application is
Card account through which you applied for your Card submitted, you will be issued a Card with Prime
(your "Amazon account") has an eligible Prime branding. If your Amazon account does not have
membership, Additional Cards on your Account will an eligible Prime membership at the time your Card
have the same rewards status as your Card. application is submitted, you will be issued a Card
Your rewards status will change if your Prime without Prime branding.
membership changes (for example, if your eligible If your rewards status changes, we may, but are not
Prime membership ends). Your rewards status will required to, send you a new Card branded to reflect
be updated within 48 hours after a change to your your rewards status. If we send you a new Card,
eligible Prime membership. your account number will remain the same.
See the Amazon Rewards Program Agreement Your rewards status when you make a
at americanexpress.com/amazonrewards (the purchase, and not the branding on your Card or
“Rewards Program Terms") for information about Card communications, will determine whether
eligible Prime membership and information about you will receive the benefits associated with
how to confirm your rewards status. eligible Prime membership for that purchase.
Your rewards options When using your Card for eligible purchases on Your default selection for your rewards option will
on designated Amazon designated Amazon properties, you will have the initially be set to earn % Back rewards. See the
properties option to either (i) eam % Back rewards on your Rewards Program Terms for information on how
purchase or (ii) select Payment Terms for a fixed you may update your default rewards selection. For
period of time. We refer to this option as your some purchases on designated Amazon properties,
rewards option. You will not earn % Back rewards you may be allowed to select your rewards option
on any purchase for which you choose Payment at the point of sale. In those instances, only your
Terms. selection at point of sale will be honored, even
See the Rewards Program Terms for information if it differs from your default selection, Additional
on eligible purchases and the designated Amazon Cardmembers cannot select the rewards option
properties. at the pointof sale in the same way the Basic
Cardmember can; the selected default rewards
option will apply to such purchases. You cannot
change the rewards option which is applied to your
purchase, or to a purchase made by an Additional
Cardmember, after the applicable purchase has
been made.
Payment Terms option If you have an eligible Prime membership at the Payment Terms balances are included in your
time of purchase, and you select the Payment Minimum Payment Due calculation.
Terms option, or if your default selection for See How we calculate your Minimum Payment Due
Payment Terms applies, payment will be due no and When we charge interest section in Part 2 of
less than 90 days from the date of purchase. the Agreement.
If you do not have an eligible Prime membership at
the time of purchase, and you select the Payment
Terms option, or if your default selection for
Payment Terms applies, payment will be due no
less than 60 days from the date of purchase.
‘% Back rewards % Back rewards are governed by this Agreement You may simply see "% Back" in marketing
and the Rewards Program Terms. if you select materials when referring to the rewards you can
the % Back rewards option during the checkout earn.
process, or if your default selection for % Back
rewards applies, you will eam % Back rewards on
that purchase.
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Detail of Changes to Your Cardmember Agreement
This notice amends your American Express Cardmember Agreement ("Agreement') as described below. Any terms in
the Cardmember Agreement conflicting with this change are completely replaced. Terms not changed by this notice
continue to apply. If you have any questions, please call the numberon the back of your Card.
Late Payment Fees and Returned Payment Fees
Effective September 1, 2019, the Fees section on page 1 of Part 1 of the Cardmember Agreement is amended by
deleting the Penalty Fees row and replacing it with the following:
Penalty Fees
Late Payment Up to $39.
Returned $39.
Payment
Late Payment Fee
Effective September 1, 2019, the Fees section on page 2 of Part 1 of the Cardmember Agreement is amended by
deleting the Late Payment row in its entirety and replacing it with the following:
Late Payment Up to $39. If we do not receive the Minimum Payment Due by its Payment Due Date,
the fee is $39. However, the late fee will not exceed the Minimum Payment Due.
Paying late may also result in a penalty APR. See When the penalty APR will apply
above.
Returned Payment Fee
Effective September 1, 2019, the Fees section on page 2 of Part 1 of the Cardmember Agreement is amended by
deleting the Returned Payment row and replacing it with the following:
Returned $39 if your payment is returned unpaid the first time we present it to your bank. A
Payment returned payment may also result in a penalty APR. See When the penalty APR will
apply above.
CMAEUDFY1000112 Page 1 of 2
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FOR 1066020
Cardmember Agreement: Part 2 of 2 Doc 28514
How Your American Express Account Works
Introduction
About your Cardmember This document together with Part 1 make up When you or an Additional Cardmember, as defined
Agreement the Cardmember Agreement (Agreement) for below, use the Account (or sign or keep a card), you
the Account identified on page 1 of Part 1. Any agree to the terms of the Agreement.
supplements or amendments are also part of the
Agreement.
Words we use in the We, us, and our mean the issuer shown on page To pay by a certain date means to send your payment
Agreement 1 of Part 1. Except as provided below, Basic ‘so that we receive it and credit it to your Account by
Cardmember means the person who applied that date (see About your payments in Part 2).
for this Account or to whom we address billing
statements, Company means the business for which We may refer to the Card as the Amazon Business
‘the Account is established. You and your mean the American Express Card or the Amazon Business
Basic Cardmember and the Company. You agree, Prime American Express Card. All terms and
conditions that apply to the Amazon Business
jointly and severally, to be bound by the terms of this,
Agreement. American Express Card also apply to the Amazon
Business Prime American Express Card.
Card means any card or other device that we issue to
access the Account. A charge is any amount added
to the Account, such as purchases, cash advances,
balance transfers, fees and interest charges. A
purchase is a charge for goods or services. A cash
advance is a charge to get cash or cash equivalents,
including travelers cheques, gift cheques, foreign
currency, money orders, casino gaming chips, race
track wagers or similar offline and online betting
transactions. A balance transfer is a charge to pay
an amount you owe on another credit card account.
Payment Terms means that a charge associated
with a purchase subject to Payment Terms will not
become due and will not begin to accrue interest
for a predetermined period of time. A Payment
Terms purchase is a purchase to which Payment
Terms applies under this Agreement. The Payment
Terms period is the period during which a Payment
Terms purchase will not accrue interest. The end of
a Payment Terms period will be indicated by “subject
to interest after MM/DD/YYYY" on your statement.
After its Payment Terms period expires, a Payment.
Terms purchase is treated like other purchases, Your
standard balance includes all billed amounts other
than current Payment Terms purchases.
Additional Cardmembers At your request, we may issue cards to Additional You authorize us to give Additional Cardmembers
Cardmembers. They do not have accounts with us information about the Account and to discuss it with
but they can use your Account subject to the terms of them.
this Agreement.
If you want to cancel an Additional Cardmember's
You are responsible for all use of the Account by right to use your Account (and cancel their card) you
Additional Cardmembers and anyone they allow must tell us.
to use the Account. You must pay for all charges
they make. You must share this agreement with all We may refer to Additional Card(s) and Additional
Additional Cardmembers. Cardmember(s) as Employee Card(s) and Employee
Cardmember(s). All terms and conditions that apply to
You must tell Additional Cardmembers that: Additional Cards also apply to Employee Cards.
‘* we may obtain, provide and use information about
them.
their use of the Account is subject to this
Agreement.
Replacement Basic You must tell us if the Basic Cardmember is no longer obligations and liabilities of the Basic Cardmember
Cardmember an employee or officer of the Company or does not under this Agreement, as of the date that such person
want to be the Basic Cardmember. In that case, you replaces the Basic Cardmember. That person is
must either close the Account, or propose another subject to our approval.
person to replace the Basic Cardmember.
You agree that the Basic Cardmember remains the
If you propose another person to replace the Basic Basic Cardmember until we approve a replacement or
Cardmember, that person must agree to assume the the Account is closed.
Version 1065986 Page 1 of 10
About using your card
Using the card Cards may be used for purchases. At our discretion, We may (but are not required to) tell these merchants
we may permit you to make cash advances or and third parties if your expiration date or card number
balance transfers. You cannot transfer balances from changes or if your account status is updated, including
any other account issued by us and/or our affiliates. if your account is cancelled. If you do not want us
Each Cardmember acknowledges and agrees that to share your updated account information, please
cards are intended to be used for the Company's contact us using the numberon the back of your card,
‘commercial or business purposes. Keep the cards safe. Do not let anyone use them.
You may arrange for certain merchants and third If a card is lost or stolen or the Account is being
Parties to store your card number and expiration date, used without permission, contact us right away. The
so that, for example: Account may not be used for illegal activities.
© the merchant may charge your account at regular
intervals;
* you may make charges using that stored card
information.
Promise to pay You promise to pay all charges, including
* charges you make, even if you do not present your card or sign for the transaction,
© charges that other people make, whether or not you or an Additional Cardmember intend to let them use the
Account, subject to applicable law, and if you let them use your Account, and
* charges that Additional Cardmembers make or permit others to make.
Credit limit and cash advance We assign a Credit Limit
to the Account. We may You agree to manage the Account so that:
limit make part of the Credit Limit available for cash the Account balance (including fees and interest) is
advances (Cash Advance Limit). There may also be not more than the Credit Limit, and
a limit on the amount you can withdraw from ATMs in © the cash advance balance (including fees and
a given period. The Credit Limit and Cash Advance interest) is not more than the Cash Advance Limit.
Limit are shown on page 1 of Part 1 and on each We may approve charges that cause the Account
billing statement, balance to go over the Credit Limit. If we do this,
We may increase or reduce the Credit Limit and Cash we will not charge an overlimit fee. If we ask you to
Advance Limit. We may do so even if you pay on time promptly pay the amount of the Account balance
and the Account is not in default. above the Credit Limit, you agree to do so,
Declined transactions We may decline to authorize a charge, Reasons We are not responsible for any losses you or any
we may do this include suspected fraud and our Additional Cardmembers incur if we do not authorize
assessment of your creditworthiness. This may occur a charge. And we are not responsible if any merchant
even if the charge would not cause you to go over refuses to accept the card.
our Credit Limit and your Account is not in default.
About your payments
When you must pay You must pay at least the Minimum Payment Due by manner by the Payment Due Date shown on your
the Payment Due Date. The Minimum Payment Due billing statement.
and Payment Due Date are shown on each billing
statement. Each statement also shows a Closing Date. The
Closing Date is the last day of the billing period
Each statement also states the time and manner covered by the statement. Each Closing Date is
by which you must make your payment for it to be about 30 days after the previous statement's Closing
credited as of the same day received. For your Date.
payment to be considered on time, we must receive at
least the Minimum Payment Due in such time and
How to make payments jake payments to us in U.S. dollars with: billing statement, If we receive it after that time, we
a single check drawn ona U.S. bank, or will credit the payment on the day after we receive it.
* asingle negotiable instrument clearable through
the U.S. banking system, for example a money If your payment does not meet the above:
order, or requirements, there may be a delay in crediting the
© anelectronic payment that can be cleared through Account. This may result in late fees and additional
the U.S. banking system. interest charges (see How Rates and Fees Work on
When making a payment by mat: page 2 of Part 1).
make a separate payment for each Account, If we decide to accept a payment made in a foreign
. mail your payment to the address shown on the currency, we will choose a rate to convert your
payment coupon on the billing statement, and
. payment into U.S. dollars, unless the law requires us.
write the Account number on your check or
negotiable instrument and include the payment to use a particular rate.
coupon. If we process a late payment, a partial payment, or a
If your payment meets the above requirements, we ment marked with any restrictive language, that
will credit it to the Account as of the day we recei will have no effect on our rights and wil! not change
as long as we receive it by the time disclosed in the this Agreement,
Version 1065986 Page 2 of 10
How we apply payments and Your Account may have balances with different interest rates, For example, purchases may have a lower
cre interest rate than cash advances. If your Account has balances with different interest rates, here is how we
generally apply payments in a billing period:
© We apply your payments, up to the Minimum Payment Due, first to the balance with the lowest interest rate,
and then to balances with higher interest rates.
® After the Minimum Payment Due has been paid, we apply your payments to the balance with the highest
interest rate, and then to balances with lower interest rates.
In most cases, we apply a creditto the same balance as the related charge. For example, we apply a credit for
a purchase to the purchase balance. Subject to the following paragraph, we may apply payments and credits
within balances, and among balances with the same interest rate, in any order we choose.
Any payments that are greater than the billed standard balance wil first apply to other standard balances,
including unbilled charges, then to any Payment Terms balances. Any excess payment originally applied
to Payment Terms balances will be moved to any future standard balance that is established priorto the
expiration of the Payment Terms period for such Payment Terms balance.
About your Minimum Payment Due
How we calculate your To calculate the Minimum Payment Due for each
Minimum Payment Due statement, we start with the higher of:
(1) interest charged on the statement plus 1% of the
Total Balance (excluding any overlimit amount,
penalty fees and interest on the statement); or
(2) $35. oe cae
od bietat he)
Then we add any penalty fees shown on the
‘statement and 1/24th of any overlimit amount, round
to the nearest dollar, and add any amount past due.
Your Minimum Payment Due may also include any _
additional amount specified in a promotional offer.
Your Minimum Payment Due will not exceed your
Total Balance. You may pay more than the Minimum
Payment Due, up to your Total Balance, at any time.
The Total Balance includes Payment Terms
purchases. In some cases, payment of your Minimum
Payment Due may reduce your Payment Terms
purchases. See How we apply payments and credits.
About interest charges
When we charge interest We charge interest beginning on the date of each transaction, except for Payment Terms purchases. We do
not charge intereston Payment Terms purchases during the Payment Terms period, You can avoid paying
interest on purchases as described below. However, you cannot avoid paying interest on cash advances and
balance transfers.
After a Payment Terms purchase’s Payment Terms until the date of your payment. If you do not pay the
period expires, the Payment Terms purchase is standard balance on a statement by the Payment
included in the standard balance and treated like a Due Date and then you pay the standard balance on
purchase, We charge interest on Payment Terms each of the next two statements by their Payment
purchases beginning on the day after their Payment Due Dates, we will not charge interest on purchases
Terms period ends. on the following statement.
If you pay the standard balance on every statement Also, we will not charge interest on purchases on a
by the Payment Due Date, we will not charge interest ‘statement if the previous balance on that statement is
on future purchases. zero ora credit balance.
If you do not pay the standard balance on a statement
by the Payment Due Date and then you pay the
standard balance on the next statement by the
Payment Due Date, we will not charge interest
on purchases from the date of your payment to
the Closing Date of the billing period in which you
made that payment. But we will charge interest on
purchases from the beginning of that billing period
Version 1065986 Page 3 of 10
How we calculate interest We calculate interest for a billing period by first calculating interest on each balance. Different categories of
transactions--such as purchases and cash advances—may have different interest rates. Balances within each
category may also have different interest rates.
We use the Average Daily Balance method Daily Balance
{including new transactions) to calculate interest For each day a DPR is in effect, we calculate the
charges for each balance. The total interest charged daily balance by:
for a billing period is the sum of the interest charged . taking the beginning balance for the day,
‘on each balance. . adding any new charges,
. subtracting any payments or credits,
Interest . subtracting any Payment Terms purchases; and
The interest charged for a balance in a billing period, . making any appropriate adjustments.
except for variations caused by rounding, equals: We add a new charge to a daily balance as of its
© Average Daily Balance (ADB) multiplied by transaction date.
© Daily Periodic Rate (DPR) multiplied by
number of days the DPR was in effect. Beginning balance
ADB For the first day of a billing period, the beginning
To get the ADB for a balance, we add up its daily balance is the ending balance for the prior billing
balances. Then we divide the result by the number
period, including unpaid interest. For the rest of the
of days the DPR for that balance was in effect. If the billing period, the beginning balance is the previous
daily balance is negative, we treat it as zero. day's daily balance plus an amount of interest equal
DPR
to the previous day's daily balance multiplied by the
DPR for that balance. This method of calculating the
A DPR is 1/365th of an APR, rounded to one
tenthousandth of a percentage point. Your DPRs are beginning balance results in daily compounding of
interest.
shown in How Rates and Fees Work on page 2 of
Part 1. When an interest rate changes, the new DPR may
come into effect during—not just at the beginning of~
the billing period. When this happens, we will create
a new balance and apply the new DPR tot. To get
the beginning balance on the first day for this new
Preview
System Generated Hearing Date: 1/10/2025 10:00 AM Location: Court Room 1101 Judge: Allegretti, J ohn Michael FILED 4/24/2024 1:20 AM IRIS Y. MARTINEZ CIRCUIT CLERK COOK COUNTY, IL 20241110945 Courtroom, 1101 27393660 IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS American Express National Bank No. 20241110945 Plaintiff, VS. Return Date: CUC HUYNH aka CUC T HUYNH Defendant(s). Amount Claimed: $26,389.00 Plus Court Costs COMPLAINT NOW COMES the Plaintiff, by and through its attorneys, Blitt and Gaines, P.C., and complaining of the Defendant(s), states as follows: Count I: BREACH OF CONTRACT The Defendant(s) opened a charge account and/or line of credit with American Express National Bank or its predecessor in interest on July 5, 2019, whereby Defendant(s) could charge goods and/or services to the account and/or receive cash advances. The Defendant(s) used the account, thereby agreeing to all of the terms and conditions in place at the time of such use. Attached hereto and incorporated herein as "Exhibit A" is a copy of the card member agreement. Defendant(s) subsequently defaulted by failing to make the minimum payment(s). After receiving all payments, debits, credits and set offs, there is now due and owing from Defendant(s) to Plaintiff the sum of $26,389.00. Due demand has been made on the Defendant(s) to pay this amount and the Defendant(s) have failed to do so. By reason of the foregoing, Plaintiff is entitled to judgment against Defendant(s) for breach of contract in the sum of $26,389.00, plus court costs. 7 This suit has been filed within the relevant statute of limitations. FILENO: 24032649 TYPE: COMPLAINT Count II: ACCOUNT STATED Plaintiff repeats and re-alleges each and every allegation contained in paragraphs | through 6 of this complaint as though fully set forth at length herein. Periodic statements were sent to Defendant(s) by regular or electronic mail which set forth in detail, all debits and credits, the total balance due, the interest rate and the minimum payment. 10. Attached hereto and incorporated herein as "Exhibit B" is a copy of the last periodic statement provided to Defendant prior to charge-off. 11 Defendant(s) did not object to the statement, indicate that the statement contains an error, nor indicate that it was erroneous in any respect within a reasonable period of time. 12. After receiving all payments, debits, credits and set offs, there is now due and owing from Defendant(s) to Plaintiff the sum of $26,389.00. 13. Due demand has been made on the Defendant(s) to pay this amount and the Defendant(s) have failed to do so. 14. By reason of the foregoing, Plaintiff is entitled to judgment against Defendant(s) for account stated in the sum. of $26,389.00, plus court costs. 15 This suit has been filed within the relevant statute of limitations. WHEREFORE, the Plaintiff, requests judgment against Defendant(s) as follows: @) On Count I, Plaintiff requests judgment for breach of contract in the sum of $26,389.00, plus court costs; or (ii) On Count II, Plaintiff requests judgment for account stated in the sum of $26,389.00, plus court costs; and (iii) for such other and further relief as this Court deems just and reasonable. Blitt and Gaines, P.C. Attorney at Law 775 Corporate Woods Parkway /s/ Frank Janello ARDC #6269997 Vernon Hills, IL 60061 Attomey for Plaintiff (800) 998-4591 TTY: 711 pleadings2@blittandgaines.com 24032649 32887 This communication is from a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. American Express National Bank, Plaintiff v. CASE NUMBER: CUC HUYNH Aka CUC T HUYNH, Defendant(s) CREDIT CARD OR DEBT BUYER COLLECTION ACTION AFFIDAVIT (SUPREME COURT RULE 280.2) INSTRUCTIONS: Provide the following information and documents. Supreme Court Rule 280.1 provides the definitions of the terms in this Affidavit. Comes now affiant, and states: Iam a designated Agent of American Express National Bank' (Plaintiff). Iam of adult age and am fully authorized by Plaintiffto make the following representations. I am familiar with the record keeping practices of Plaintiff. The following representations are true according to documents kept in the normal course of Plaintiffs business and/or my personal knowledge: 1 IDENTIFICATION ABOUT THE CONSUMER DEBT OR ACCOUNT Complete the tables. a. As of charge-off date: Full name of the Date the account was| Nature of the debt, Full name of the defendant as it appears Last four digits of opened or the debt (credit card debt, creditor on the account the account number originated payday loan, retail installment loan, etc.) American Express CUC HUYNH Aka 1006 7/5/2019 Credit Card Debt National Bank CUC T HUYNH, "On April 1, 2018 American Express Centurion Bank changed its name to American Express National Bank and American Express Bank FSB, merged with American Express National Bank with American Express National Bank as the surviving entity after the merger. See, https://www.occ.treas. gov/topics/licensing/interpretations-and-actions/2018/interpretations-and-actions- jan-2018.html. See also, 12 U.S.C. § 35; 12 CFR 5.24 and 12 U.S.C. § 1828 et seq. b The most recent activity on the account prior to or after charge-off, includes: Amount of Charge-off Date of Last Amount of Last Original Debt or Date Payment Payment Total Amount of Charge-off Balance Credits and/or Payments Since Charge-off Date.** $26,389.00 1/15/2024 9/6/2023 $169.00 $00.00 * Last payment on the account, pre- or post-charge.off. **Credits or payments made within 30 days of signing of this affidavit may not be reflected ¢. For a revolving credit account, Plaintiff further certifies that it has in its possession and can produce on request the most recent monthly statement recording a purchase, transaction, last payment or balance transfer. 2. PROOF OF OWNERSHIP OR RIGHT TO SUE FOR DEBT BUYERS Complete the table and list the prior owners or creditors since the charge-off date. Start with the first assignment through the current creditor or owner of the consumer debt. List in chronological order, beginning with the first assignment From (Name) To (Name) Date of Assignment (On or About) & Does not apply — Plaintiff is the charge-off creditor. ADDITIONAL ACCOUNT INFORMATION AFTER CHARGE-OFF Plaintiff is seeking additional amounts after the charge-off date: No* CO Yes. If yes, as the charge-off date and within the last 30 days: O Total amount of interest accrued: $ 5 O Total amount of non-interest charges or fee accrued $ O Plaintiff is seeking attomey’s fees in the amount of $ C Returned payment(s) in the amount of $ Balance due and owing as of date of affidavit: $26,389.00 *Costs prayed for in the Complaint will not be reflected. IL_AENB_001 Page 2 of 3 Affiants may certify their statements pursuant to section 109 of the Code of Civil Procedure or have their signature notarized in the manner required by law. Under penalties as provided by law under section 1-109 of the Code of Civil Procedure, the undersigned certifies that the statements set forth in this instrument are true and correct, except as to matters therein Stated to be on information and belief and as to such matters the undersigned certifies as aforesaid that [s]he verily believes the same to be true. Melanie Dixon nee AWAD 04/04/2024 Name of Affiant Signature of Affiant Date IL_AENB_001 Page 3 of 3 EXHIBIT A Cardmember Agreement: Part 1 of 2 As of: 07/05/2019 Amazon Business Prime Card Company Name: TB Cardmember Name: CUC HUYNH Credit Li it: $12,000 (Cash Advance Li it: $2,400) Account Ending Inl1006 Rates and Fees Table Issuer: American Express National Bank Annual Percentage Rate (APR) for Purchases 24.49% (Prime Rate + 18.99%) This APR will vary based on the Prime Rate. APR for Cash Advances 27.24% (Prime Rate + 21.74%) This APR will vary based on the Prime Rate. Penalty APR and When it 29.99% (Prime Rate + 25.99%) Applies This APR will vary based on the Prime Rate. This APR will apply, subject to the following paragraph, to all balances on your account if you: 1) make a payment that is returned; 2) make 2 late payments in 12 months; or 3) do not make the Minimum Payment due by the closing date of the billing period in which it is due. When Does the Penalty APR Apply to Payment Terms Purchases? If the penalty APR is applied for any of these reasons, it will apply, subject to applicable law, to Payment Terms purchases from the day after the Payment Terms period ends and for the remaining duration that the Penalty APR applies. See When we charge interest in Part 2. How Long Will the Penalty APR Apply? If the penalty APR is applied for any of these reasons, it will apply, subject to applicable law, for at least 12 billing periods in a row. In addition, the penalty APR will continue to apply until after you have made timely payments with no returned payments for 12 billing periods in a row. Paying Interest Your due date is at least 25 days after the close of each billing period. We will not charge you interest on purchases if you pay your entire standard balance by the due date each month. Payment Terms purchases will be included in the standard balance after their Payment Terms period has expired. We will not charge you interest on Payment Terms purchases during their Payment Terms period. We will begin charging interest on cash advances on the transaction date. Annual Membership Fee None Transaction Fees + Cash Advance Either $5 or 3% of the amount of each cash advance, whichever is greater. + Foreign Transaction None Penalty Fees Late Payment Up to $38. Returned Payment $38 + Overlimit None How we calculate interest: We use the Average Daily Balance method (including new transactions). See the How we calculate interest section in Part 2. 349992716565397 CMAENAOT0000024 1066020 1065936 Page 1 of 4 How Rates and Fees Work Calculating The Annual Percentage Rate (APR) for variable rates is determined by adding an amount (margin) to APRs and DPRs the Prime Rate (see Determining the Prime Rate in Part 2). The Daily Periodic Rate (DPR) is 1/365th off the APR, rounded to one ten-thousandth of a percentage point. Rate Description Prime + Margin APR DPR Purchase Prime + 18.99% 24.49% 0,0671% Cash Advance Prime + 21.74% 27.24% 0,0746% Penalty Prime + 25.99%* 29.99% 0,0822% “The variable penalty APR will not exceed 29.99% When the penalty APR will The penalty APR applies, subject to the paragraph below, to all balances on your account if: apply + you do not pay at least the Minimum Payment Due by the Closing Date of the ing period in which it is due; + you do not pay at least the Minimum Payment Due by the Payment Due Date 2 times in 12 billing periods; or + your payment is returned by your bank. If the penalty APR is applied for any of these reasons, it will apply, subject to applicable law, to Payment Terms purchases from the day after the Payment Terms period ends and for the remaining duration that the Penalty APR applies. See When we charge interest in Part 2. How long the penalty APR The penalty APR will continue to apply until after you have made timely payments with no retumed will apply payments for 12 billing periods in a row. it We add fees to a purchase balance, unless we tell you otherwise. Annual Membership This fee is on the Rates and Fees Table on page 1 of Part 1. Late Payment Up to $38. If we do not receive the Minimum Payment Due by its Payment Due Date, the fee is $38, However, the late fee will not exceed the Minimum Payment Due. Paying late may also result ina penalty APR. See When the penalty APR will apply above. Returned Payment $38 if your payment is returned unpaid the first time we present it to your bank.A retumed payment may also result in a penalty APR, See When the penalty APR will apply above. Returned Check $38 if you use your card to cash a check at one of our approved locations and the check is returned unpaid. We will also charge you the unpaid amount. Overlimit None. See Credit limit and cash advance limit in Part 2. Cash Advance 3% of the withdrawal and other services you obtain (including any fee charged by the ATM operator), with a minimum of $5. We will add this fee to the cash advance balance. Foreign Transaction None Part 1, Part 2 and any supplements or amendments make up your Cardmember Agreement. 3499927 16565397 CMAENAOT0000024 1066020 1065936 Page 2 of 4 Supplement to the Cardmember Agreement How Your Reward Program Works Amazon Business American Express Card Amazon Prime We determine your rewards status based on If your Amazon account has an eligible Prime membership and your whether the Amazon.com or Amazon Business membership at the time your Card application is Card account through which you applied for your Card submitted, you will be issued a Card with Prime (your "Amazon account") has an eligible Prime branding. If your Amazon account does not have membership, Additional Cards on your Account will an eligible Prime membership at the time your Card have the same rewards status as your Card. application is submitted, you will be issued a Card Your rewards status will change if your Prime without Prime branding. membership changes (for example, if your eligible If your rewards status changes, we may, but are not Prime membership ends). Your rewards status will required to, send you a new Card branded to reflect be updated within 48 hours after a change to your your rewards status. If we send you a new Card, eligible Prime membership. your account number will remain the same. See the Amazon Rewards Program Agreement Your rewards status when you make a at americanexpress.com/amazonrewards (the purchase, and not the branding on your Card or “Rewards Program Terms") for information about Card communications, will determine whether eligible Prime membership and information about you will receive the benefits associated with how to confirm your rewards status. eligible Prime membership for that purchase. Your rewards options When using your Card for eligible purchases on Your default selection for your rewards option will on designated Amazon designated Amazon properties, you will have the initially be set to earn % Back rewards. See the properties option to either (i) eam % Back rewards on your Rewards Program Terms for information on how purchase or (ii) select Payment Terms for a fixed you may update your default rewards selection. For period of time. We refer to this option as your some purchases on designated Amazon properties, rewards option. You will not earn % Back rewards you may be allowed to select your rewards option on any purchase for which you choose Payment at the point of sale. In those instances, only your Terms. selection at point of sale will be honored, even See the Rewards Program Terms for information if it differs from your default selection, Additional on eligible purchases and the designated Amazon Cardmembers cannot select the rewards option properties. at the pointof sale in the same way the Basic Cardmember can; the selected default rewards option will apply to such purchases. You cannot change the rewards option which is applied to your purchase, or to a purchase made by an Additional Cardmember, after the applicable purchase has been made. Payment Terms option If you have an eligible Prime membership at the Payment Terms balances are included in your time of purchase, and you select the Payment Minimum Payment Due calculation. Terms option, or if your default selection for See How we calculate your Minimum Payment Due Payment Terms applies, payment will be due no and When we charge interest section in Part 2 of less than 90 days from the date of purchase. the Agreement. If you do not have an eligible Prime membership at the time of purchase, and you select the Payment Terms option, or if your default selection for Payment Terms applies, payment will be due no less than 60 days from the date of purchase. ‘% Back rewards % Back rewards are governed by this Agreement You may simply see "% Back" in marketing and the Rewards Program Terms. if you select materials when referring to the rewards you can the % Back rewards option during the checkout earn. process, or if your default selection for % Back rewards applies, you will eam % Back rewards on that purchase. 3499927 16565397 CMAENPSP0000248 Page 3 of 4 This page intentionally left blank 349992716565397 CMAENPSP0000248 Page 4 of 4 27827 Detail of Changes to Your Cardmember Agreement This notice amends your American Express Cardmember Agreement ("Agreement') as described below. Any terms in the Cardmember Agreement conflicting with this change are completely replaced. Terms not changed by this notice continue to apply. If you have any questions, please call the numberon the back of your Card. Late Payment Fees and Returned Payment Fees Effective September 1, 2019, the Fees section on page 1 of Part 1 of the Cardmember Agreement is amended by deleting the Penalty Fees row and replacing it with the following: Penalty Fees Late Payment Up to $39. Returned $39. Payment Late Payment Fee Effective September 1, 2019, the Fees section on page 2 of Part 1 of the Cardmember Agreement is amended by deleting the Late Payment row in its entirety and replacing it with the following: Late Payment Up to $39. If we do not receive the Minimum Payment Due by its Payment Due Date, the fee is $39. However, the late fee will not exceed the Minimum Payment Due. Paying late may also result in a penalty APR. See When the penalty APR will apply above. Returned Payment Fee Effective September 1, 2019, the Fees section on page 2 of Part 1 of the Cardmember Agreement is amended by deleting the Returned Payment row and replacing it with the following: Returned $39 if your payment is returned unpaid the first time we present it to your bank. A Payment returned payment may also result in a penalty APR. See When the penalty APR will apply above. CMAEUDFY1000112 Page 1 of 2 This page intentionally left blank, CMAEUDFY1000112 Page 2 of 2 FOR 1066020 Cardmember Agreement: Part 2 of 2 Doc 28514 How Your American Express Account Works Introduction About your Cardmember This document together with Part 1 make up When you or an Additional Cardmember, as defined Agreement the Cardmember Agreement (Agreement) for below, use the Account (or sign or keep a card), you the Account identified on page 1 of Part 1. Any agree to the terms of the Agreement. supplements or amendments are also part of the Agreement. Words we use in the We, us, and our mean the issuer shown on page To pay by a certain date means to send your payment Agreement 1 of Part 1. Except as provided below, Basic ‘so that we receive it and credit it to your Account by Cardmember means the person who applied that date (see About your payments in Part 2). for this Account or to whom we address billing statements, Company means the business for which We may refer to the Card as the Amazon Business ‘the Account is established. You and your mean the American Express Card or the Amazon Business Basic Cardmember and the Company. You agree, Prime American Express Card. All terms and conditions that apply to the Amazon Business jointly and severally, to be bound by the terms of this, Agreement. American Express Card also apply to the Amazon Business Prime American Express Card. Card means any card or other device that we issue to access the Account. A charge is any amount added to the Account, such as purchases, cash advances, balance transfers, fees and interest charges. A purchase is a charge for goods or services. A cash advance is a charge to get cash or cash equivalents, including travelers cheques, gift cheques, foreign currency, money orders, casino gaming chips, race track wagers or similar offline and online betting transactions. A balance transfer is a charge to pay an amount you owe on another credit card account. Payment Terms means that a charge associated with a purchase subject to Payment Terms will not become due and will not begin to accrue interest for a predetermined period of time. A Payment Terms purchase is a purchase to which Payment Terms applies under this Agreement. The Payment Terms period is the period during which a Payment Terms purchase will not accrue interest. The end of a Payment Terms period will be indicated by “subject to interest after MM/DD/YYYY" on your statement. After its Payment Terms period expires, a Payment. Terms purchase is treated like other purchases, Your standard balance includes all billed amounts other than current Payment Terms purchases. Additional Cardmembers At your request, we may issue cards to Additional You authorize us to give Additional Cardmembers Cardmembers. They do not have accounts with us information about the Account and to discuss it with but they can use your Account subject to the terms of them. this Agreement. If you want to cancel an Additional Cardmember's You are responsible for all use of the Account by right to use your Account (and cancel their card) you Additional Cardmembers and anyone they allow must tell us. to use the Account. You must pay for all charges they make. You must share this agreement with all We may refer to Additional Card(s) and Additional Additional Cardmembers. Cardmember(s) as Employee Card(s) and Employee Cardmember(s). All terms and conditions that apply to You must tell Additional Cardmembers that: Additional Cards also apply to Employee Cards. ‘* we may obtain, provide and use information about them. their use of the Account is subject to this Agreement. Replacement Basic You must tell us if the Basic Cardmember is no longer obligations and liabilities of the Basic Cardmember Cardmember an employee or officer of the Company or does not under this Agreement, as of the date that such person want to be the Basic Cardmember. In that case, you replaces the Basic Cardmember. That person is must either close the Account, or propose another subject to our approval. person to replace the Basic Cardmember. You agree that the Basic Cardmember remains the If you propose another person to replace the Basic Basic Cardmember until we approve a replacement or Cardmember, that person must agree to assume the the Account is closed. Version 1065986 Page 1 of 10 About using your card Using the card Cards may be used for purchases. At our discretion, We may (but are not required to) tell these merchants we may permit you to make cash advances or and third parties if your expiration date or card number balance transfers. You cannot transfer balances from changes or if your account status is updated, including any other account issued by us and/or our affiliates. if your account is cancelled. If you do not want us Each Cardmember acknowledges and agrees that to share your updated account information, please cards are intended to be used for the Company's contact us using the numberon the back of your card, ‘commercial or business purposes. Keep the cards safe. Do not let anyone use them. You may arrange for certain merchants and third If a card is lost or stolen or the Account is being Parties to store your card number and expiration date, used without permission, contact us right away. The so that, for example: Account may not be used for illegal activities. © the merchant may charge your account at regular intervals; * you may make charges using that stored card information. Promise to pay You promise to pay all charges, including * charges you make, even if you do not present your card or sign for the transaction, © charges that other people make, whether or not you or an Additional Cardmember intend to let them use the Account, subject to applicable law, and if you let them use your Account, and * charges that Additional Cardmembers make or permit others to make. Credit limit and cash advance We assign a Credit Limit to the Account. We may You agree to manage the Account so that: limit make part of the Credit Limit available for cash the Account balance (including fees and interest) is advances (Cash Advance Limit). There may also be not more than the Credit Limit, and a limit on the amount you can withdraw from ATMs in © the cash advance balance (including fees and a given period. The Credit Limit and Cash Advance interest) is not more than the Cash Advance Limit. Limit are shown on page 1 of Part 1 and on each We may approve charges that cause the Account billing statement, balance to go over the Credit Limit. If we do this, We may increase or reduce the Credit Limit and Cash we will not charge an overlimit fee. If we ask you to Advance Limit. We may do so even if you pay on time promptly pay the amount of the Account balance and the Account is not in default. above the Credit Limit, you agree to do so, Declined transactions We may decline to authorize a charge, Reasons We are not responsible for any losses you or any we may do this include suspected fraud and our Additional Cardmembers incur if we do not authorize assessment of your creditworthiness. This may occur a charge. And we are not responsible if any merchant even if the charge would not cause you to go over refuses to accept the card. our Credit Limit and your Account is not in default. About your payments When you must pay You must pay at least the Minimum Payment Due by manner by the Payment Due Date shown on your the Payment Due Date. The Minimum Payment Due billing statement. and Payment Due Date are shown on each billing statement. Each statement also shows a Closing Date. The Closing Date is the last day of the billing period Each statement also states the time and manner covered by the statement. Each Closing Date is by which you must make your payment for it to be about 30 days after the previous statement's Closing credited as of the same day received. For your Date. payment to be considered on time, we must receive at least the Minimum Payment Due in such time and How to make payments jake payments to us in U.S. dollars with: billing statement, If we receive it after that time, we a single check drawn ona U.S. bank, or will credit the payment on the day after we receive it. * asingle negotiable instrument clearable through the U.S. banking system, for example a money If your payment does not meet the above: order, or requirements, there may be a delay in crediting the © anelectronic payment that can be cleared through Account. This may result in late fees and additional the U.S. banking system. interest charges (see How Rates and Fees Work on When making a payment by mat: page 2 of Part 1). make a separate payment for each Account, If we decide to accept a payment made in a foreign . mail your payment to the address shown on the currency, we will choose a rate to convert your payment coupon on the billing statement, and . payment into U.S. dollars, unless the law requires us. write the Account number on your check or negotiable instrument and include the payment to use a particular rate. coupon. If we process a late payment, a partial payment, or a If your payment meets the above requirements, we ment marked with any restrictive language, that will credit it to the Account as of the day we recei will have no effect on our rights and wil! not change as long as we receive it by the time disclosed in the this Agreement, Version 1065986 Page 2 of 10 How we apply payments and Your Account may have balances with different interest rates, For example, purchases may have a lower cre interest rate than cash advances. If your Account has balances with different interest rates, here is how we generally apply payments in a billing period: © We apply your payments, up to the Minimum Payment Due, first to the balance with the lowest interest rate, and then to balances with higher interest rates. ® After the Minimum Payment Due has been paid, we apply your payments to the balance with the highest interest rate, and then to balances with lower interest rates. In most cases, we apply a creditto the same balance as the related charge. For example, we apply a credit for a purchase to the purchase balance. Subject to the following paragraph, we may apply payments and credits within balances, and among balances with the same interest rate, in any order we choose. Any payments that are greater than the billed standard balance wil first apply to other standard balances, including unbilled charges, then to any Payment Terms balances. Any excess payment originally applied to Payment Terms balances will be moved to any future standard balance that is established priorto the expiration of the Payment Terms period for such Payment Terms balance. About your Minimum Payment Due How we calculate your To calculate the Minimum Payment Due for each Minimum Payment Due statement, we start with the higher of: (1) interest charged on the statement plus 1% of the Total Balance (excluding any overlimit amount, penalty fees and interest on the statement); or (2) $35. oe cae od bietat he) Then we add any penalty fees shown on the ‘statement and 1/24th of any overlimit amount, round to the nearest dollar, and add any amount past due. Your Minimum Payment Due may also include any _ additional amount specified in a promotional offer. Your Minimum Payment Due will not exceed your Total Balance. You may pay more than the Minimum Payment Due, up to your Total Balance, at any time. The Total Balance includes Payment Terms purchases. In some cases, payment of your Minimum Payment Due may reduce your Payment Terms purchases. See How we apply payments and credits. About interest charges When we charge interest We charge interest beginning on the date of each transaction, except for Payment Terms purchases. We do not charge intereston Payment Terms purchases during the Payment Terms period, You can avoid paying interest on purchases as described below. However, you cannot avoid paying interest on cash advances and balance transfers. After a Payment Terms purchase’s Payment Terms until the date of your payment. If you do not pay the period expires, the Payment Terms purchase is standard balance on a statement by the Payment included in the standard balance and treated like a Due Date and then you pay the standard balance on purchase, We charge interest on Payment Terms each of the next two statements by their Payment purchases beginning on the day after their Payment Due Dates, we will not charge interest on purchases Terms period ends. on the following statement. If you pay the standard balance on every statement Also, we will not charge interest on purchases on a by the Payment Due Date, we will not charge interest ‘statement if the previous balance on that statement is on future purchases. zero ora credit balance. If you do not pay the standard balance on a statement by the Payment Due Date and then you pay the standard balance on the next statement by the Payment Due Date, we will not charge interest on purchases from the date of your payment to the Closing Date of the billing period in which you made that payment. But we will charge interest on purchases from the beginning of that billing period Version 1065986 Page 3 of 10 How we calculate interest We calculate interest for a billing period by first calculating interest on each balance. Different categories of transactions--such as purchases and cash advances—may have different interest rates. Balances within each category may also have different interest rates. We use the Average Daily Balance method Daily Balance {including new transactions) to calculate interest For each day a DPR is in effect, we calculate the charges for each balance. The total interest charged daily balance by: for a billing period is the sum of the interest charged . taking the beginning balance for the day, ‘on each balance. . adding any new charges, . subtracting any payments or credits, Interest . subtracting any Payment Terms purchases; and The interest charged for a balance in a billing period, . making any appropriate adjustments. except for variations caused by rounding, equals: We add a new charge to a daily balance as of its © Average Daily Balance (ADB) multiplied by transaction date. © Daily Periodic Rate (DPR) multiplied by number of days the DPR was in effect. Beginning balance ADB For the first day of a billing period, the beginning To get the ADB for a balance, we add up its daily balance is the ending balance for the prior billing balances. Then we divide the result by the number period, including unpaid interest. For the rest of the of days the DPR for that balance was in effect. If the billing period, the beginning balance is the previous daily balance is negative, we treat it as zero. day's daily balance plus an amount of interest equal DPR to the previous day's daily balance multiplied by the DPR for that balance. This method of calculating the A DPR is 1/365th of an APR, rounded to one tenthousandth of a percentage point. Your DPRs are beginning balance results in daily compounding of interest. shown in How Rates and Fees Work on page 2 of Part 1. When an interest rate changes, the new DPR may come into effect during—not just at the beginning of~ the billing period. When this happens, we will create a new balance and apply the new DPR tot. To get the beginning balance on the first day for this new