Preview
Electronically Submitted
5/28/2024 12:00 AM
Hidalgo County Clerk
Accepted by: Nancy Flores
CL-24-2223-J
CAUSE NO.
Barclays Bank Delaware § IN THE COUNTY COURT
Plaintiff, §
§
vs. § AT LAW NO. ____
§
ALAN CHACON §
Defendant. § OF HIDALGO COUNTY, TEXAS
PLAINTIFF'S ORIGINAL PETITION
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW Barclays Bank Delaware ("Plaintiff"). a National Association, and for cause
of action against Defendant Alan Chacon, would show unto the Court as follows:
Discovery Control Plan
1. Discovery is to be conducted under Level 1 of Rule 190 of the Texas Rules of Civil
Procedure.
2. Plaintiff seeks only monetary relief of $250,000 or less, excluding interest, statutory
or punitive damages and penalties, and attorney fees and costs.
Nature of Case
3. Plaintiff seeks a recovery for damages arising from Defendant Alan Chacon's breach
of a Mastercard Credit Account agreement entered into by the Defendant, which Defendant used or
authorized to be used and for which Defendant became obligated to repay. Plaintiff sues herein for
suit on debt/account stated and for breach of contract. Plaintiff seeks a money judgment against the
Defendant.
Parties
4. Plaintiff, Barclays Bank Delaware, is a National Association .
5. Defendant Alan Chacon is an adult individual upon whom service of citation may be
had at Defendant's residence which is located at 608 Nyssa Ave, Mcallen, TX 78501.
Plaintiff's Original Petition - Alan Chacon (S&A 2616644) Page 1
S&A Form TempFile.wpd
Electronically Submitted
5/28/2024 12:00 AM
Hidalgo County Clerk
Accepted by: Nancy Flores
CL-24-2223-J
Venue
6. Venue is proper in Hidalgo County pursuant to Section 15.002(a)(2) of the Texas
Civil Practice and Remedies Code because it is the county of residence for one or more of the
defendants at the time the cause of action accrued.
Facts
7. In the usual course of business, Barclays Bank Delaware advanced dollar amounts
on a Mastercard Credit Account, account number XXXXXXXXXXXX2283, which Defendant used
or authorized to be used for the purchases of goods, merchandise, services or for cash advances and
for which Defendant became bound to repay Barclays Bank Delaware for all amounts thereby
advanced (hereinafter, the "Account").
8. The Defendant ceased making the required payments on the Account, thereby
creating a default.
9. Ultimately the Account was charged-off on October 30, 2023. As of the filing of this
lawsuit, there remained an unpaid balance of $8,713.49. This amount represents the charge-off
balance of the account, less any post-charge-off payments. Plaintiff does not seek, and has not
accrued, post-charge-off interest on the account.
10. Plaintiff is the true party in interest to the Contract in that it is an original party to the
Contract or legally affiliated with the original party to the Contract.
11. On or about April 5, 2024, Plaintiff sent a letter to Defendant demanding payment
in full of the Account (the "Demand Letter"); however, despite delivery of the Demand Letter, the
Account has not been paid.
12. There continues to be owed by Defendant to Plaintiff an unpaid balance of $8,713.49.
COUNT I - Suit on Debt / Account Stated
13. Paragraphs 1 through 12 are incorporated by reference.
14. Plaintiff is the owner and beneficiary of all claims related to the Account. In
accordance with federal regulations, Barclays Bank Delaware sent monthly periodic statements for
Plaintiff's Original Petition - Alan Chacon (S&A 2616644) Page 2
Electronically Submitted
5/28/2024 12:00 AM
Hidalgo County Clerk
Accepted by: Nancy Flores
CL-24-2223-J
the Account to the Defendant. Based upon Plaintiff's records, there are no unresolved billing
disputes related to the Account and the amount that is due and owing on the Account is $8,713.49;
said amount being just and true after all lawful offsets, payments and credits have been allowed.
15. Plaintiff is entitled to recover on the Account because (i) transactions between
Plaintiff and the Defendant gave rise to an indebtedness, (ii) there existed an agreement between the
Plaintiff and the Defendant which established the amount that was due to Plaintiff, and (iii) the
Defendant promised to pay Plaintiff on the debt which was incurred, but failed to do so.
16. Plaintiff has presented its claim to Defendant for payment, but Defendant has failed
and refused to pay the amount owed.
COUNT II - Breach of Contract
17. Paragraphs 1 through 16 are incorporated by reference.
18. Plaintiff is the owner and beneficiary of all rights under the Account opened by the
Defendant with Plaintiff. Defendant has breached the agreement between the parties by failing to
pay all amounts due and owing on the Account in accordance with the terms of the agreement.
19. $8,713.49 remains due and owing on the Account.
20. Plaintiff has presented its claim to Defendant for payment, but Defendant has failed
and refused to pay the amount owed.
Waiver of Attorneys Fees
21. Plaintiff expressly waives its right, if any, to recover its attorneys fees in this matter.
Conditions Precedent
22. All conditions precedent to Plaintiff's right of recovery have been fulfilled.
[Continued on Next Page]
Plaintiff's Original Petition - Alan Chacon (S&A 2616644) Page 3
Electronically Submitted
5/28/2024 12:00 AM
Hidalgo County Clerk
Accepted by: Nancy Flores
CL-24-2223-J
Prayer
WHEREFORE, Plaintiff Barclays Bank Delaware prays that Defendant Alan
Chacon be cited to appear and answer herein, that this Court set this matter for
hearing, and that upon final hearing hereof, Plaintiff have judgment against the
Defendant as set forth herein:
a. Damages in the amount of $8,713.49,
b. Cost of Court, and
c. For such other relief to which Plaintiff may show itself entitled.
Respectfully submitted,
SCOTT & ASSOCIATES, P.C.,
Digitally signed by Pamela Schwarcz
DN: o=MJSPC, ou=Legal, uid=284539856
/s/ Pamela Schwarcz Date: 5/22/2024 8:55:26 AM
Pamela Schwarcz SBN 24113411
P. O. Box 115220
Carrollton, Texas 75011
Telephone: (866) 298-3155
Facsimile: (214) 234-8454
Courts@scott-pc.com
ATTORNEYS FOR PLAINTIFF
S&A 2616644
CL-24-2223-J Electronically Submitted
AmericanAirlines
\ 5/28/2024 12:00 AM
Mdvantage £ AAdvantage® Aviator® Red Mastercard® Statement Hidalgo County Clerk
Accepted by: Nancy Flores
ALAN CHACON |Account Ending 2233 |
Statement Petioé 09118123 - 10;“! 7123 Page 1 of 5
Account Activity Payment Information
Previous Balance as oi OBHSIZB $3,496.22 Statement Balance: $3313.49
Payments w $0.00 Minimum Payment Due: $2,185.98
Fees Charged + $39.00 Payment Due Da‘te: 11f14f23
Interest Charged + $173.2? Late Payment Warning: If we do not receive your minimum payment by the
Statement Balance as oi 10! 1'H23 : $8313.49 date listed above, you may have to pay a late fee of up to 539.00.
Past Due = $1,884.75 Minimum Payment Warning: If you make only the minimum payment each
period, you wili pay more in interest and it will take you longer to pay off your
F APR Detafls begin on page 3 in the interest Charge
balance. For example:
Calculation section.
’ fransacfion detaib begin on page 3.
you make no additional You will pay 0H the
If And you will end up
charges using this card balance shown on this paying an estimated
Credit Line and each month you pay... siatement in about... total oi...
Total Revolving Credit Line 50.00 Oniy the minimum
includes $0.00 cash advance line 22 years 521,6?5.00
payment
Available Revolving Credit Line 50.00
as of 10H Tf23 M
P If you would like information about creditcounseling services. please call 800 5m 1403.
W
Available for cash advances 50.00 Repayment information based on activity and APRS on your account as of the closing date.
Overiimit Amount $1,513.49
PAST DUE: Your account 'rs
Past Due. Payment ofthe past due amount of $1 .8843’5 £5 due
immediately. This past due amount has been added to your minimum paymentdue.
Miles Summary Your account is over the cred'rt line. Payment of the amount over your credEt EEne is due
American
Total Miles Sent to Airlines immediately to bring your account current
AAdvantaqe Proq ram SEE INSIDE: You may have addEtEonaE Emportant messages inside.
* For details see page 5
,
NOTICE: SEE REVERSE SIDE OR END OF STATEMENT FOR IMPORTANT INFORMATION
:59 PAYMENT [11E EV
Payment Coupon Waysto pay: f) Avia torMas lercardmm E Barclay: Mobile App G3 866 928 301’5 1 mn PHONE 5e ONLINE
Statement Balance a5 of Efljfiflza: {account ending 2283) $8.73 3.49
AAdvantage
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Minimum Payment Due: (includes $1,884.15 past due amount) 52.1 86.98
Payment Due Date: 11114123
Amount Enclosed: 5 , ,
.
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Barclays
P0 BOX 6051?
ALAN CHACON
CITY 0F INDUSTRY CA 91?16—051}'
608 N'I’S'SA AVE
MCALLEN 'DE ?8501—2406
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Electronically Submitted
5/28/2024 12:00 AM
Hidalgo County Clerk
Accepted by: Nancy Flores
Important Information CL-24-2223-J
Page 2 of 5
Information About Credit Bureau Reporting: We may report information about your Mobile: To download the Barclays Mobile App, text MOBILE to 60956.*
account to credit bureaus. Late payments, missed payments, or other defaults on your Phone: Call us at 866-928-3075 and we will process your payment.
account may be reflected in your credit report.
All payments made via web, mobile app or pay by phone by 11:59 p.m. ET will be credited
Annual Fee. If your account has an annual fee, it will be billed each year. We will give you to your account that same day.
advance notice on your billing statement prior to the assessment of the annual fee. You may
choose to call us at 866-928-3075 within 45 days of receiving such notice to discuss *Message and data rates may apply based on your mobile carrier.
alternative products that may be available or to close your account so that the fee will not
be billed. If your account is closed, any outstanding reward points or miles on your account Overnight Payments: Send overnight courier service or U.S.P.S. Priority Mail payments to
may be forfeited at that time. Payment of the annual fee does not affect our ability to close REMITCO, Card Services, Lock Box 60517, 2525 Corporate Park, Suite 250, Monterey Park,
your account and/or to limit your transactions. CA, 91754. A payment received at this address by 5 p.m. PT that otherwise meets the
requirements of a conforming payment will be credited to your account that same day.
Lost or Stolen Card: Your credit card is issued by Barclays Bank Delaware. If your card is
lost or stolen, please contact us immediately at 866-928-3075 at any time. How We Will Calculate Interest. We use a method called “daily balance" (including new
purchases). We calculate interest separately for each “Balance Subject to Interest Rate.”
Payment Information: Each billing cycle, you must pay at least the Minimum Payment Due These include for example, Purchases at the current rate, Balance Transfers at the current
shown on your monthly statement by its Payment Due Date. Both the Minimum Payment rate, Cash Advances at the current rate, and different promotional balances. Your monthly
Due and Payment Due Date are noted on your statement and on your home page when you billing statement shows each “Balance Subject to Interest Rate.”
login to AviatorMastercard.com. At any time you may pay more than the Minimum Payment
Due up to the full amount you owe us, however you cannot “pay ahead”. This means that if To calculate interest, we first calculate a daily balance for each Balance Subject to Interest
you pay more than the required Minimum Payment Due in any billing cycle or if you make Rate. We start with the balance, for that Balance Subject to Interest Rate, as of the end of
more than one payment in a billing cycle, you will still need to pay the next month’s the previous day. We add any interest calculated on the previous day’s balance. (This means
required Minimum Payment Due by your next Payment Due Date. Remember to make all interest is compounded daily). We add any new Purchases, Balance Transfers or Cash
checks payable to Barclays. Please allow 7 to 10 days for the U.S. Postal Service to Advances to the appropriate balance, subtract any new payments or credits from the
deliver your payment to us. Upon our receipt, your available credit may not be appropriate balance, and make other adjustments. A credit balance is treated as a balance
increased by the payment amount for up to 7 days to ensure the funds from the bank of zero. We then multiply each daily balance by the applicable daily periodic rate. We do this
on which your payment is drawn are collected and not returned. When you provide a for each day in the billing period. That gives us the daily interest. We add up all the daily
check as payment on this Account, you authorize us to either use the information from your interest for all of the daily balances to get the total interest for the billing period.
check to make a one-time electronic fund transfer from your account or to process the
payment as a check transaction. When we use information from your check to make an Accrual of Interest and How to Avoid Paying Interest on Purchases. Your due date is at
electronic fund transfer, funds may be withdrawn from your account as soon as the same least 23 days after the close of each billing cycle. On Purchases, interest begins to accrue as
day we receive your payment, and you will not receive your check back from your financial of the transaction date. However, you can avoid paying interest on Purchases in any given
institution. For inquiries, please call 866-928-3075. billing cycle if you pay your Statement Balance in full by the Payment Due Date.
Mailed Payments: A conforming payment received by us by 5:00 p.m. PT will be credited to If you have Purchase balances with a 0% promotional APR, you can avoid paying interest on
your account the day of receipt. A “conforming payment” is a payment that: 1) is mailed those Purchase balances during the promotional period. (However, to avoid a late fee, pay
with the payment coupon included with this statement or printed from at least your Minimum Payment Due.)
AviatorMastercard.com to Barclays, P.O. Box 60517, City of Industry, CA 91716-0517; and
2) is in the form of a single, non-folded check or money order made payable in U.S. dollars If you have a promotional APR offer(s) on your Account, you can avoid paying interest on
from a U.S. based institution. Any payment that does not meet these requirements, or any non-promotional Purchases without paying your Statement Balance in full. If this applies to
payment with multiple checks or money orders, additional correspondence, staples, your Account, you will see a Paragraph titled “Avoiding Interest on Purchases (Grace Period)
paperclips, etc. will be considered a “non-conforming payment”, which may delay the (Excluding Easy Pay Promotional Balances") appearing directly below the Interest Charge
crediting of the payment for up to 5 days. Calculation section on the front of this Statement. This will show the amount you can pay by
the Payment Due Date and still avoid interest charges on your non-promotional Purchase
balance. This amount may differ from your Statement Balance. It may differ if you have
Other Payment Options:
Web: Visit AviatorMastercard.com to set up your payments. certain promotional APR balances, and the nonpayment of these balances will not affect
Continued on Page 4
Make Changes to your contact information below
Name
Address
City State Zip
Home Phone Work Phone
Email Address
CL-24-2223-J Electronically Submitted
AAdvantage
® Aviator® Red Mastercard® Statement 5/28/2024 12:00 AM
Hidalgo County Clerk
Accepted by: Nancy Flores
ALAN CHACON | Account Ending 2283 | Statement Period 09/18/23 - 10/17/23 Page 3 of 5
Transactions
Transaction Date Posting Date Description Miles Amount
Payments
No Payment Received $0.00
Total payments for this period N/A $0.00
Purchase Activity for ALAN CHACON card ending 2283
No Transaction Activity at This Time $0.00
Total purchase activity for this period N/A $0.00
To see activity after this statement period, visit AviatorMastercard.com
Fees and Interest
Transaction Date Posting Date Description Amount
Fees Charged
Oct 14 Oct 15 LATE PAYMENT FEE $39.00
Total fees for this period $39.00
Interest Charged
Oct 17 Oct 17 Interest Charge On Purchases $178.27
Total interest for this period $178.27
2023 Year-to-Date Totals
Total fees charged in 2023 $411.00
Total interest charged in 2023 $1,584.82
This Year to date summary reflects the Fees and Interest charged on billing statements with closing dates in 2023, and
does not reflect any subsequent fee and/or interest adjustments.
Interest Charge Calculation Days in Billing Cycle : 30
Type of Balance Promotional Balance Subject Annual Percentage Interest
Rate End Date to Interest Rate Rate (APR) Charge
Purchases
Standard Purchases - $8,587.24 25.24%(v) $178.27
Balance Transfers
Standard Balance Transfers/Checks - $0.00 25.24%(v) $0.00
Cash Advances
Standard Cash Advance - $0.00 29.99%(v) $0.00
Total $178.27
Your Annual Percentage Rate (APR) is the annual interest rate on your account. (v) = Variable Rate that varies with the market based on the Prime Rate.
See the “Important Information” section of this statement for more information about how we calculate interest.
Visit AviatorMastercard.com or use the Barclays Mobile App
Electronically Submitted
5/28/2024 12:00 AM
Hidalgo County Clerk
Accepted by: Nancy Flores
CL-24-2223-J
Page 4 of 5
your grace period on Purchases, provided you pay all other balances on your account. current mailing address, and the purchase price must have been more than $50.
(However, to avoid a late fee, pay at least your Minimum Payment Due.) (Note: Neither of these are necessary if your purchase was based on an advertisement
we mailed to you, or if we own the company that sold you the goods or services.)
For Balance Transfers, interest will accrue from the transaction date which generally will be 2. You must have used your credit card for the purchase. Purchases made with cash
the day the payee accepts the Check. For Cash Advances, interest will accrue from the advances from an ATM or with a check that accesses your credit card account do not
transaction date which generally will be the day you take the Cash Advance. Please note qualify.
that purchases of Cash Equivalents, which include money orders, travelers checks, foreign 3. You must not yet have fully paid for the purchase.
currency, lottery tickets, gambling chips and wire transfers, are treated as Cash Advances
and do not have a grace period. See your Cardmember Agreement for more information. If all of the criteria above are met and you are still dissatisfied with the purchase, contact us
in writing at:
Minimum Interest Charge: This fee, if imposed, appears in the Summary of Fees as a
“Minimum Interest Charge” or “Minimum Charge." Card Services
P.O. Box 8802
No Pre-Set Spending Limit: “No Pre-Set Spending Limit” does not mean unlimited Wilmington, DE 19899-8802.
spending, it means we may permit you from time to time at our discretion to make certain
charges that will cause your outstanding balance to exceed your revolving credit line. Any While we investigate, the same rules apply to the disputed amount as discussed above.
such charge will be considered on an individual basis and such evaluation will be based on After we finish our investigation, we will tell you our decision. At that point, if we think you
your account spending and payment history as well as your experience with other creditors. owe an amount and you do not pay, we may report you as delinquent.
If you exceed your revolving credit line, then you must pay, with your Minimum Payment
Due, the amount by which your balance exceeds your revolving credit line, including Please refer to your Cardmember Agreement for additional information about the terms of
amounts due to Purchases, Cash Advances, Interest charges, Fees, or other charges. your Account.
Credit Bureau Disputes: If you believe that an entry we have made on your credit bureau
©2023 Barclays Bank Delaware, member FDIC
report is inaccurate or incomplete, please contact the reporting agency directly or contact us
at Card Services, P.O. Box 8803 Wilmington, DE 19899-8801. Please include your name;
your account number; the credit reporting agency where you received the bureau report; a
description of the error; and why you believe it is an error. We will promptly investigate,
notify you of our findings, and send an update to the credit bureaus if warranted within 30
days.
What To Do If You Think You Find A Mistake On Your Statement
If you think there is an error on your statement, write to us at:
Card Services
P.O. Box 8802
Wilmington, DE 19899-8802.
In your letter, give us the following information:
• Account information: Your name and account number.
• Dollar amount: The dollar amount of the suspected error.
• Description of problem: If you think there is an error on your bill, describe what you
believe is wrong and why you believe it is 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 us, but if you do we are
not required to investigate any potential errors and you may have to pay the amount in
question.
While we investigate whether or not there has been an error, the following are true:
• 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 interest on that amount. But, if we determine that we made a mistake,
you will not have to pay the amount in question or any interest or other fees related
to that amount.
• While you do not have to pay the amount in question, you are responsible for the
remainder of your balance.
• We can apply any unpaid amount against your credit limit.
Your Rights If You Are Dissatisfied With Your Credit Card Purchases
If you are dissatisfied with the goods or services that you have purchased with your credit
card, and you have tried in good faith to correct the problem with the merchant, you may
have the right not to pay the remaining amount due on the purchase.
To use this right, all of the following must be true:
1. The purchase must have been made in your home state or within 100 miles of your
Visit AviatorMastercard.com or use the Barclays Mobile App
CL-24-2223-J Electronically Submitted
AAdvantage
® Aviator® Red Mastercard® Statement 5/28/2024 12:00 AM
Hidalgo County Clerk
Accepted by: Nancy Flores
ALAN CHACON | Account Ending 2283 | Statement Period 09/18/23 - 10/17/23 Page 5 of 5
AVOIDING INTEREST ON PURCHASES (GRACE PERIOD) (EXCLUDING EASY PAY PROMOTIONAL BALANCES):
If you have a 0% promotional APR on of your Purchase balances (excluding Easy Pay), you can avoid paying interest on those balances during the applicable promotional period. However,
pay at least your Minimum Payment Due to avoid a late fee. If you have Purchase balances (excluding Easy Pay) with an APR greater than 0% and you also have other promotional balances
on your Account, you can avoid paying interest on your Purchases (excluding Easy Pay) by paying $8,713.49 (this amount includes any Minimum Payment Due required to avoid a late fee).
Please refer to the "Accrual of Interest and How to Avoid Paying Interest on Purchases" paragraph on the back of this Statement for further detail.
Miles Details
Miles earned on American Airlines purchases 0
Please note, the total number of Miles earned and sent to American Airlines is dependent on a valid member number. Please confirm you
have a valid member number on file with American Airlines. If not, Miles may not be viewable or available for use with American Airlines.
Visit AviatorMastercard.com or use the Barclays Mobile App
CL-24-2223-J Electronically Submitted
AmericanAirlines 5/28/2024 12:00 AM
Mdvantage \‘ AAdvantage® Aviator® Red Mastercard® Statement Hidalgo County Clerk
Accepted by: Nancy Flores
ALAN CHACON |Account Ending 2233 |
Statement Petioé 02118123 - 03;“! 7123 Page 1 of 5
Account Activity Payment Information
Previous Balance as oi OZHSIZB $6,929.20 Statement Balance: $632141
Payments w Thank You w $250.63 Minimum Payment Due: $19180
Purchases + 518.00 Payment Due Da‘te: 04f14f23
F995 Chem“ + 50-00 Late Payment Warning: If we do not receive your minimum payment by the
Interest charged + $13034 date listed above, you may have to pay a late fee of up to 539.00.
Statement Balance as of 03:1'H23 —-
$6,827.41 Minimum Payment Warning: If you make only the minimum payment each
period, you wili pay more in interest and it will take you longer to pay off your
F APR Detafls be gin on Pay e 3 in the interest Char ge
balance. For example:
Cakufa fion section.
’ fransacfion detaib begin on page 3.
I I you make no additional You will pay 0H the
If And you will end up
_ _
charges using this card balance shown on this paying an estimated
Cfedlt Llne and each month you pay... siatement in about... total oi...
Total Revolving Credit Line $?,200.00 Oniy the minimum
includes $1,440.00 cash advance line 22 Years 519555-00
payment
Available Revolving Credit Line 5312.59
as of 03:1?r23 5270.00 3 years .
59'72gg'0335
(S awngs - ’ ' 00)
Available for cash advances $3?2.59
’ If you would like information about creditcounseling services. please call 800 STO 1403.
Repayment information based on activity and APRs on your account as of the closing date.
Tmal Miles 5cm 1° American Airlines
SEEJflflQE; You may have additional important messages Emfide,
13
AAdvantaqe Proq ram _
Preview
Electronically Submitted 5/28/2024 12:00 AM Hidalgo County Clerk Accepted by: Nancy Flores CL-24-2223-J CAUSE NO. Barclays Bank Delaware § IN THE COUNTY COURT Plaintiff, § § vs. § AT LAW NO. ____ § ALAN CHACON § Defendant. § OF HIDALGO COUNTY, TEXAS PLAINTIFF'S ORIGINAL PETITION TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW Barclays Bank Delaware ("Plaintiff"). a National Association, and for cause of action against Defendant Alan Chacon, would show unto the Court as follows: Discovery Control Plan 1. Discovery is to be conducted under Level 1 of Rule 190 of the Texas Rules of Civil Procedure. 2. Plaintiff seeks only monetary relief of $250,000 or less, excluding interest, statutory or punitive damages and penalties, and attorney fees and costs. Nature of Case 3. Plaintiff seeks a recovery for damages arising from Defendant Alan Chacon's breach of a Mastercard Credit Account agreement entered into by the Defendant, which Defendant used or authorized to be used and for which Defendant became obligated to repay. Plaintiff sues herein for suit on debt/account stated and for breach of contract. Plaintiff seeks a money judgment against the Defendant. Parties 4. Plaintiff, Barclays Bank Delaware, is a National Association . 5. Defendant Alan Chacon is an adult individual upon whom service of citation may be had at Defendant's residence which is located at 608 Nyssa Ave, Mcallen, TX 78501. Plaintiff's Original Petition - Alan Chacon (S&A 2616644) Page 1 S&A Form TempFile.wpd Electronically Submitted 5/28/2024 12:00 AM Hidalgo County Clerk Accepted by: Nancy Flores CL-24-2223-J Venue 6. Venue is proper in Hidalgo County pursuant to Section 15.002(a)(2) of the Texas Civil Practice and Remedies Code because it is the county of residence for one or more of the defendants at the time the cause of action accrued. Facts 7. In the usual course of business, Barclays Bank Delaware advanced dollar amounts on a Mastercard Credit Account, account number XXXXXXXXXXXX2283, which Defendant used or authorized to be used for the purchases of goods, merchandise, services or for cash advances and for which Defendant became bound to repay Barclays Bank Delaware for all amounts thereby advanced (hereinafter, the "Account"). 8. The Defendant ceased making the required payments on the Account, thereby creating a default. 9. Ultimately the Account was charged-off on October 30, 2023. As of the filing of this lawsuit, there remained an unpaid balance of $8,713.49. This amount represents the charge-off balance of the account, less any post-charge-off payments. Plaintiff does not seek, and has not accrued, post-charge-off interest on the account. 10. Plaintiff is the true party in interest to the Contract in that it is an original party to the Contract or legally affiliated with the original party to the Contract. 11. On or about April 5, 2024, Plaintiff sent a letter to Defendant demanding payment in full of the Account (the "Demand Letter"); however, despite delivery of the Demand Letter, the Account has not been paid. 12. There continues to be owed by Defendant to Plaintiff an unpaid balance of $8,713.49. COUNT I - Suit on Debt / Account Stated 13. Paragraphs 1 through 12 are incorporated by reference. 14. Plaintiff is the owner and beneficiary of all claims related to the Account. In accordance with federal regulations, Barclays Bank Delaware sent monthly periodic statements for Plaintiff's Original Petition - Alan Chacon (S&A 2616644) Page 2 Electronically Submitted 5/28/2024 12:00 AM Hidalgo County Clerk Accepted by: Nancy Flores CL-24-2223-J the Account to the Defendant. Based upon Plaintiff's records, there are no unresolved billing disputes related to the Account and the amount that is due and owing on the Account is $8,713.49; said amount being just and true after all lawful offsets, payments and credits have been allowed. 15. Plaintiff is entitled to recover on the Account because (i) transactions between Plaintiff and the Defendant gave rise to an indebtedness, (ii) there existed an agreement between the Plaintiff and the Defendant which established the amount that was due to Plaintiff, and (iii) the Defendant promised to pay Plaintiff on the debt which was incurred, but failed to do so. 16. Plaintiff has presented its claim to Defendant for payment, but Defendant has failed and refused to pay the amount owed. COUNT II - Breach of Contract 17. Paragraphs 1 through 16 are incorporated by reference. 18. Plaintiff is the owner and beneficiary of all rights under the Account opened by the Defendant with Plaintiff. Defendant has breached the agreement between the parties by failing to pay all amounts due and owing on the Account in accordance with the terms of the agreement. 19. $8,713.49 remains due and owing on the Account. 20. Plaintiff has presented its claim to Defendant for payment, but Defendant has failed and refused to pay the amount owed. Waiver of Attorneys Fees 21. Plaintiff expressly waives its right, if any, to recover its attorneys fees in this matter. Conditions Precedent 22. All conditions precedent to Plaintiff's right of recovery have been fulfilled. [Continued on Next Page] Plaintiff's Original Petition - Alan Chacon (S&A 2616644) Page 3 Electronically Submitted 5/28/2024 12:00 AM Hidalgo County Clerk Accepted by: Nancy Flores CL-24-2223-J Prayer WHEREFORE, Plaintiff Barclays Bank Delaware prays that Defendant Alan Chacon be cited to appear and answer herein, that this Court set this matter for hearing, and that upon final hearing hereof, Plaintiff have judgment against the Defendant as set forth herein: a. Damages in the amount of $8,713.49, b. Cost of Court, and c. For such other relief to which Plaintiff may show itself entitled. Respectfully submitted, SCOTT & ASSOCIATES, P.C., Digitally signed by Pamela Schwarcz DN: o=MJSPC, ou=Legal, uid=284539856 /s/ Pamela Schwarcz Date: 5/22/2024 8:55:26 AM Pamela Schwarcz SBN 24113411 P. O. Box 115220 Carrollton, Texas 75011 Telephone: (866) 298-3155 Facsimile: (214) 234-8454 Courts@scott-pc.com ATTORNEYS FOR PLAINTIFF S&A 2616644 CL-24-2223-J Electronically Submitted AmericanAirlines \ 5/28/2024 12:00 AM Mdvantage £ AAdvantage® Aviator® Red Mastercard® Statement Hidalgo County Clerk Accepted by: Nancy Flores ALAN CHACON |Account Ending 2233 | Statement Petioé 09118123 - 10;“! 7123 Page 1 of 5 Account Activity Payment Information Previous Balance as oi OBHSIZB $3,496.22 Statement Balance: $3313.49 Payments w $0.00 Minimum Payment Due: $2,185.98 Fees Charged + $39.00 Payment Due Da‘te: 11f14f23 Interest Charged + $173.2? Late Payment Warning: If we do not receive your minimum payment by the Statement Balance as oi 10! 1'H23 : $8313.49 date listed above, you may have to pay a late fee of up to 539.00. Past Due = $1,884.75 Minimum Payment Warning: If you make only the minimum payment each period, you wili pay more in interest and it will take you longer to pay off your F APR Detafls begin on page 3 in the interest Charge balance. For example: Calculation section. ’ fransacfion detaib begin on page 3. you make no additional You will pay 0H the If And you will end up charges using this card balance shown on this paying an estimated Credit Line and each month you pay... siatement in about... total oi... Total Revolving Credit Line 50.00 Oniy the minimum includes $0.00 cash advance line 22 years 521,6?5.00 payment Available Revolving Credit Line 50.00 as of 10H Tf23 M P If you would like information about creditcounseling services. please call 800 5m 1403. W Available for cash advances 50.00 Repayment information based on activity and APRS on your account as of the closing date. Overiimit Amount $1,513.49 PAST DUE: Your account 'rs Past Due. Payment ofthe past due amount of $1 .8843’5 £5 due immediately. This past due amount has been added to your minimum paymentdue. Miles Summary Your account is over the cred'rt line. Payment of the amount over your credEt EEne is due American Total Miles Sent to Airlines immediately to bring your account current AAdvantaqe Proq ram SEE INSIDE: You may have addEtEonaE Emportant messages inside. * For details see page 5 , NOTICE: SEE REVERSE SIDE OR END OF STATEMENT FOR IMPORTANT INFORMATION :59 PAYMENT [11E EV Payment Coupon Waysto pay: f) Avia torMas lercardmm E Barclay: Mobile App G3 866 928 301’5 1 mn PHONE 5e ONLINE Statement Balance a5 of Efljfiflza: {account ending 2283) $8.73 3.49 AAdvantage \g Americanfiirlines Minimum Payment Due: (includes $1,884.15 past due amount) 52.1 86.98 Payment Due Date: 11114123 Amount Enclosed: 5 , , . Max: mm: pawmg zu salad». Amw 7—ro day; rm uses ukumy. Barclays P0 BOX 6051? ALAN CHACON CITY 0F INDUSTRY CA 91?16—051}' 608 N'I’S'SA AVE MCALLEN 'DE ?8501—2406 D Chmk IIJI addlrm, ulna” and phulmxhungm. Cullvhm: [ullnun 111a hmk, Electronically Submitted 5/28/2024 12:00 AM Hidalgo County Clerk Accepted by: Nancy Flores Important Information CL-24-2223-J Page 2 of 5 Information About Credit Bureau Reporting: We may report information about your Mobile: To download the Barclays Mobile App, text MOBILE to 60956.* account to credit bureaus. Late payments, missed payments, or other defaults on your Phone: Call us at 866-928-3075 and we will process your payment. account may be reflected in your credit report. All payments made via web, mobile app or pay by phone by 11:59 p.m. ET will be credited Annual Fee. If your account has an annual fee, it will be billed each year. We will give you to your account that same day. advance notice on your billing statement prior to the assessment of the annual fee. You may choose to call us at 866-928-3075 within 45 days of receiving such notice to discuss *Message and data rates may apply based on your mobile carrier. alternative products that may be available or to close your account so that the fee will not be billed. If your account is closed, any outstanding reward points or miles on your account Overnight Payments: Send overnight courier service or U.S.P.S. Priority Mail payments to may be forfeited at that time. Payment of the annual fee does not affect our ability to close REMITCO, Card Services, Lock Box 60517, 2525 Corporate Park, Suite 250, Monterey Park, your account and/or to limit your transactions. CA, 91754. A payment received at this address by 5 p.m. PT that otherwise meets the requirements of a conforming payment will be credited to your account that same day. Lost or Stolen Card: Your credit card is issued by Barclays Bank Delaware. If your card is lost or stolen, please contact us immediately at 866-928-3075 at any time. How We Will Calculate Interest. We use a method called “daily balance" (including new purchases). We calculate interest separately for each “Balance Subject to Interest Rate.” Payment Information: Each billing cycle, you must pay at least the Minimum Payment Due These include for example, Purchases at the current rate, Balance Transfers at the current shown on your monthly statement by its Payment Due Date. Both the Minimum Payment rate, Cash Advances at the current rate, and different promotional balances. Your monthly Due and Payment Due Date are noted on your statement and on your home page when you billing statement shows each “Balance Subject to Interest Rate.” login to AviatorMastercard.com. At any time you may pay more than the Minimum Payment Due up to the full amount you owe us, however you cannot “pay ahead”. This means that if To calculate interest, we first calculate a daily balance for each Balance Subject to Interest you pay more than the required Minimum Payment Due in any billing cycle or if you make Rate. We start with the balance, for that Balance Subject to Interest Rate, as of the end of more than one payment in a billing cycle, you will still need to pay the next month’s the previous day. We add any interest calculated on the previous day’s balance. (This means required Minimum Payment Due by your next Payment Due Date. Remember to make all interest is compounded daily). We add any new Purchases, Balance Transfers or Cash checks payable to Barclays. Please allow 7 to 10 days for the U.S. Postal Service to Advances to the appropriate balance, subtract any new payments or credits from the deliver your payment to us. Upon our receipt, your available credit may not be appropriate balance, and make other adjustments. A credit balance is treated as a balance increased by the payment amount for up to 7 days to ensure the funds from the bank of zero. We then multiply each daily balance by the applicable daily periodic rate. We do this on which your payment is drawn are collected and not returned. When you provide a for each day in the billing period. That gives us the daily interest. We add up all the daily check as payment on this Account, you authorize us to either use the information from your interest for all of the daily balances to get the total interest for the billing period. check to make a one-time electronic fund transfer from your account or to process the payment as a check transaction. When we use information from your check to make an Accrual of Interest and How to Avoid Paying Interest on Purchases. Your due date is at electronic fund transfer, funds may be withdrawn from your account as soon as the same least 23 days after the close of each billing cycle. On Purchases, interest begins to accrue as day we receive your payment, and you will not receive your check back from your financial of the transaction date. However, you can avoid paying interest on Purchases in any given institution. For inquiries, please call 866-928-3075. billing cycle if you pay your Statement Balance in full by the Payment Due Date. Mailed Payments: A conforming payment received by us by 5:00 p.m. PT will be credited to If you have Purchase balances with a 0% promotional APR, you can avoid paying interest on your account the day of receipt. A “conforming payment” is a payment that: 1) is mailed those Purchase balances during the promotional period. (However, to avoid a late fee, pay with the payment coupon included with this statement or printed from at least your Minimum Payment Due.) AviatorMastercard.com to Barclays, P.O. Box 60517, City of Industry, CA 91716-0517; and 2) is in the form of a single, non-folded check or money order made payable in U.S. dollars If you have a promotional APR offer(s) on your Account, you can avoid paying interest on from a U.S. based institution. Any payment that does not meet these requirements, or any non-promotional Purchases without paying your Statement Balance in full. If this applies to payment with multiple checks or money orders, additional correspondence, staples, your Account, you will see a Paragraph titled “Avoiding Interest on Purchases (Grace Period) paperclips, etc. will be considered a “non-conforming payment”, which may delay the (Excluding Easy Pay Promotional Balances") appearing directly below the Interest Charge crediting of the payment for up to 5 days. Calculation section on the front of this Statement. This will show the amount you can pay by the Payment Due Date and still avoid interest charges on your non-promotional Purchase balance. This amount may differ from your Statement Balance. It may differ if you have Other Payment Options: Web: Visit AviatorMastercard.com to set up your payments. certain promotional APR balances, and the nonpayment of these balances will not affect Continued on Page 4 Make Changes to your contact information below Name Address City State Zip Home Phone Work Phone Email Address CL-24-2223-J Electronically Submitted AAdvantage ® Aviator® Red Mastercard® Statement 5/28/2024 12:00 AM Hidalgo County Clerk Accepted by: Nancy Flores ALAN CHACON | Account Ending 2283 | Statement Period 09/18/23 - 10/17/23 Page 3 of 5 Transactions Transaction Date Posting Date Description Miles Amount Payments No Payment Received $0.00 Total payments for this period N/A $0.00 Purchase Activity for ALAN CHACON card ending 2283 No Transaction Activity at This Time $0.00 Total purchase activity for this period N/A $0.00 To see activity after this statement period, visit AviatorMastercard.com Fees and Interest Transaction Date Posting Date Description Amount Fees Charged Oct 14 Oct 15 LATE PAYMENT FEE $39.00 Total fees for this period $39.00 Interest Charged Oct 17 Oct 17 Interest Charge On Purchases $178.27 Total interest for this period $178.27 2023 Year-to-Date Totals Total fees charged in 2023 $411.00 Total interest charged in 2023 $1,584.82 This Year to date summary reflects the Fees and Interest charged on billing statements with closing dates in 2023, and does not reflect any subsequent fee and/or interest adjustments. Interest Charge Calculation Days in Billing Cycle : 30 Type of Balance Promotional Balance Subject Annual Percentage Interest Rate End Date to Interest Rate Rate (APR) Charge Purchases Standard Purchases - $8,587.24 25.24%(v) $178.27 Balance Transfers Standard Balance Transfers/Checks - $0.00 25.24%(v) $0.00 Cash Advances Standard Cash Advance - $0.00 29.99%(v) $0.00 Total $178.27 Your Annual Percentage Rate (APR) is the annual interest rate on your account. (v) = Variable Rate that varies with the market based on the Prime Rate. See the “Important Information” section of this statement for more information about how we calculate interest. Visit AviatorMastercard.com or use the Barclays Mobile App Electronically Submitted 5/28/2024 12:00 AM Hidalgo County Clerk Accepted by: Nancy Flores CL-24-2223-J Page 4 of 5 your grace period on Purchases, provided you pay all other balances on your account. current mailing address, and the purchase price must have been more than $50. (However, to avoid a late fee, pay at least your Minimum Payment Due.) (Note: Neither of these are necessary if your purchase was based on an advertisement we mailed to you, or if we own the company that sold you the goods or services.) For Balance Transfers, interest will accrue from the transaction date which generally will be 2. You must have used your credit card for the purchase. Purchases made with cash the day the payee accepts the Check. For Cash Advances, interest will accrue from the advances from an ATM or with a check that accesses your credit card account do not transaction date which generally will be the day you take the Cash Advance. Please note qualify. that purchases of Cash Equivalents, which include money orders, travelers checks, foreign 3. You must not yet have fully paid for the purchase. currency, lottery tickets, gambling chips and wire transfers, are treated as Cash Advances and do not have a grace period. See your Cardmember Agreement for more information. If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at: Minimum Interest Charge: This fee, if imposed, appears in the Summary of Fees as a “Minimum Interest Charge” or “Minimum Charge." Card Services P.O. Box 8802 No Pre-Set Spending Limit: “No Pre-Set Spending Limit” does not mean unlimited Wilmington, DE 19899-8802. spending, it means we may permit you from time to time at our discretion to make certain charges that will cause your outstanding balance to exceed your revolving credit line. Any While we investigate, the same rules apply to the disputed amount as discussed above. such charge will be considered on an individual basis and such evaluation will be based on After we finish our investigation, we will tell you our decision. At that point, if we think you your account spending and payment history as well as your experience with other creditors. owe an amount and you do not pay, we may report you as delinquent. If you exceed your revolving credit line, then you must pay, with your Minimum Payment Due, the amount by which your balance exceeds your revolving credit line, including Please refer to your Cardmember Agreement for additional information about the terms of amounts due to Purchases, Cash Advances, Interest charges, Fees, or other charges. your Account. Credit Bureau Disputes: If you believe that an entry we have made on your credit bureau ©2023 Barclays Bank Delaware, member FDIC report is inaccurate or incomplete, please contact the reporting agency directly or contact us at Card Services, P.O. Box 8803 Wilmington, DE 19899-8801. Please include your name; your account number; the credit reporting agency where you received the bureau report; a description of the error; and why you believe it is an error. We will promptly investigate, notify you of our findings, and send an update to the credit bureaus if warranted within 30 days. What To Do If You Think You Find A Mistake On Your Statement If you think there is an error on your statement, write to us at: Card Services P.O. Box 8802 Wilmington, DE 19899-8802. In your letter, give us the following information: • Account information: Your name and account number. • Dollar amount: The dollar amount of the suspected error. • Description of problem: If you think there is an error on your bill, describe what you believe is wrong and why you believe it is 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 us, but if you do we are not required to investigate any potential errors and you may have to pay the amount in question. While we investigate whether or not there has been an error, the following are true: • 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 interest on that amount. But, if we determine that we made a mistake, you will not have to pay the amount in question or any interest or other fees related to that amount. • While you do not have to pay the amount in question, you are responsible for the remainder of your balance. • We can apply any unpaid amount against your credit limit. Your Rights If You Are Dissatisfied With Your Credit Card Purchases If you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the purchase. To use this right, all of the following must be true: 1. The purchase must have been made in your home state or within 100 miles of your Visit AviatorMastercard.com or use the Barclays Mobile App CL-24-2223-J Electronically Submitted AAdvantage ® Aviator® Red Mastercard® Statement 5/28/2024 12:00 AM Hidalgo County Clerk Accepted by: Nancy Flores ALAN CHACON | Account Ending 2283 | Statement Period 09/18/23 - 10/17/23 Page 5 of 5 AVOIDING INTEREST ON PURCHASES (GRACE PERIOD) (EXCLUDING EASY PAY PROMOTIONAL BALANCES): If you have a 0% promotional APR on of your Purchase balances (excluding Easy Pay), you can avoid paying interest on those balances during the applicable promotional period. However, pay at least your Minimum Payment Due to avoid a late fee. If you have Purchase balances (excluding Easy Pay) with an APR greater than 0% and you also have other promotional balances on your Account, you can avoid paying interest on your Purchases (excluding Easy Pay) by paying $8,713.49 (this amount includes any Minimum Payment Due required to avoid a late fee). Please refer to the "Accrual of Interest and How to Avoid Paying Interest on Purchases" paragraph on the back of this Statement for further detail. Miles Details Miles earned on American Airlines purchases 0 Please note, the total number of Miles earned and sent to American Airlines is dependent on a valid member number. Please confirm you have a valid member number on file with American Airlines. If not, Miles may not be viewable or available for use with American Airlines. Visit AviatorMastercard.com or use the Barclays Mobile App CL-24-2223-J Electronically Submitted AmericanAirlines 5/28/2024 12:00 AM Mdvantage \‘ AAdvantage® Aviator® Red Mastercard® Statement Hidalgo County Clerk Accepted by: Nancy Flores ALAN CHACON |Account Ending 2233 | Statement Petioé 02118123 - 03;“! 7123 Page 1 of 5 Account Activity Payment Information Previous Balance as oi OZHSIZB $6,929.20 Statement Balance: $632141 Payments w Thank You w $250.63 Minimum Payment Due: $19180 Purchases + 518.00 Payment Due Da‘te: 04f14f23 F995 Chem“ + 50-00 Late Payment Warning: If we do not receive your minimum payment by the Interest charged + $13034 date listed above, you may have to pay a late fee of up to 539.00. Statement Balance as of 03:1'H23 —- $6,827.41 Minimum Payment Warning: If you make only the minimum payment each period, you wili pay more in interest and it will take you longer to pay off your F APR Detafls be gin on Pay e 3 in the interest Char ge balance. For example: Cakufa fion section. ’ fransacfion detaib begin on page 3. I I you make no additional You will pay 0H the If And you will end up _ _ charges using this card balance shown on this paying an estimated Cfedlt Llne and each month you pay... siatement in about... total oi... Total Revolving Credit Line $?,200.00 Oniy the minimum includes $1,440.00 cash advance line 22 Years 519555-00 payment Available Revolving Credit Line 5312.59 as of 03:1?r23 5270.00 3 years . 59'72gg'0335 (S awngs - ’ ' 00) Available for cash advances $3?2.59 ’ If you would like information about creditcounseling services. please call 800 STO 1403. Repayment information based on activity and APRs on your account as of the closing date. Tmal Miles 5cm 1° American Airlines SEEJflflQE; You may have additional important messages Emfide, 13 AAdvantaqe Proq ram _