On January 08, 2019 a
Motion,Ex Parte
was filed
involving a dispute between
Hayes, Travis Andre,
and
Capital One,
for OTHER CIVIL
in the District Court of Harris County.
Preview
Se.
%,
IN THE DISTRICT COURT OF HARRIS COUNTY HOUSTON TEXAS
‘ Or,
% CRB
Zi
Ne, Hh
190" Judicial District eo
Hayes, Travis Andre Y_
Plaintiff Case No. 201975652 B Se o
go
Oe
Vv. MOTION TO STRIKE/QUASH Ly
.
Capital One “DEFENDANT’S” MOTION TO DISMISS
Defendant
T TRI UASH “DEFENDANT’S” MOTION TO DISMISS
I received a notice of a motion to dismiss by “charles floyd” whom | am not familiar with. This
person has no first hand knowledge of any dispute that | have with Richard D. Fairbank or Capital One.
The notice also was not properly served and did not contain a notaries signature or witness. Also the
notice did not contain a sworn or unsworn affirmation attesting to its validity. Anything this person
enters onto the record is void, null, irrelevant, hearsay, inadmissible and has no basis in law or fact
pursuant to Tex. R. Evid. 802. Also according to Trinsey vs. Pagliaro a supreme court ruling “statements
from counsel weather in brief or in argument are insufficient for a summary judgement.”
An instrument was sent to capital one which contained in a conspicuous spot stating that it was
to be tendered as full satisfaction to the claim. If there was an error the instrument should have been
returned within in 90 days pursuant to Texas Business Code 3.311 but it was not, in fact it was tendered
which is an acceptance of the contract. The debt has not been verified and the agreement has not been
honored by Richard D. Fairbank or capital one.
RECORDER’S MEMORANDUM
This instrument is of poor quality
at time of imaging
I DECLARE, under penalty and perjury under the laws of the Texas Republic and the United States of
America that the foregoing is true and correct.
JURAT
State of ___Texas)
County of __Harris_)
4 HEREBY DECLARE that on this day before me an Officer duly swort, appeared,
Hee Uewis tndt[re who kas attained the AGE OF MAJORITY, proved to me
upon satisfactory evidence, by his/her free act and deed, he/she has tendered,
presented, executed
and forthwith delivered the foregoing instrument(s) to be received and he/she has
acknowledged
before me that he has executed by same,
DECLARED before me in the County and State aforesaid this
AT day of_Decen HR,
20/9.
WITNESS my hawd and official seal.
NOTARY
Diehliow Yateare Wi Wiens
PRINTED
ie, VALI ILLIAMS.
Notary Public, State of Texas|
comm. Expires 01-09-2022
nig Notary 1D 129669713
IN WITNESS WHEREOF the said Party has indeed signed and
sealed, the presentiment(s) on this
day and pear first above written, Signed, sealed and delive
red in the ‘presence of:
fe wis andre, clan hey
wee
p
CERTIFICATE OF SERVICE
This is to certify that f peyed if[reer 5 Ael Cc have on this day served Opposing
Attorney & Magistrate, by Registered Mail. on this
Zi chee 201%.
CLERK OF COURT
Marilyn Burgess
201Caroline St.
Houston, Tx 77002
CC: Charles Floyd
ATTORNEY-AT-LAW/ COUNSEL
1700 Pacific Ave ste 2250
Dallas, Tx [75201]
CC; CEO RICHARD D. FAIRBANK
of CAPITAL ONE
1680 capital one dr.
Mclean, Virginia [22102]
I DECLARE, under penalty and perjury under the laws of the Texas Republic and the United States of
America that the foregoing is true and correct.
Executed on this 2.7 day of. December 201%, Hous ter] Texas Republic,
United States of America,
Printed: _Hayes, Travis Ardre By. Ap Dele
All Rights Reserved,
Hayes, Travis Andre
126 Pine Meadow
Hempstead, Texas near; [77445]
DuPont’ Tyvek’ TOE eae
What's Inside™ RECIPIENT
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fo usps.com/px office at usps.com/pickyp Immediately up upon
on receipt, please telephone: delivery,
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Document Filed Date
December 30, 2019
Case Filing Date
January 08, 2019
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Se. %, IN THE DISTRICT COURT OF HARRIS COUNTY HOUSTON TEXAS ‘ Or, % CRB Zi Ne, Hh 190" Judicial District eo Hayes, Travis Andre Y_ Plaintiff Case No. 201975652 B Se o go Oe Vv. MOTION TO STRIKE/QUASH Ly . Capital One “DEFENDANT’S” MOTION TO DISMISS Defendant T TRI UASH “DEFENDANT’S” MOTION TO DISMISS I received a notice of a motion to dismiss by “charles floyd” whom | am not familiar with. This person has no first hand knowledge of any dispute that | have with Richard D. Fairbank or Capital One. The notice also was not properly served and did not contain a notaries signature or witness. Also the notice did not contain a sworn or unsworn affirmation attesting to its validity. Anything this person enters onto the record is void, null, irrelevant, hearsay, inadmissible and has no basis in law or fact pursuant to Tex. R. Evid. 802. Also according to Trinsey vs. Pagliaro a supreme court ruling “statements from counsel weather in brief or in argument are insufficient for a summary judgement.” An instrument was sent to capital one which contained in a conspicuous spot stating that it was to be tendered as full satisfaction to the claim. If there was an error the instrument should have been returned within in 90 days pursuant to Texas Business Code 3.311 but it was not, in fact it was tendered which is an acceptance of the contract. The debt has not been verified and the agreement has not been honored by Richard D. Fairbank or capital one. RECORDER’S MEMORANDUM This instrument is of poor quality at time of imaging I DECLARE, under penalty and perjury under the laws of the Texas Republic and the United States of America that the foregoing is true and correct. JURAT State of ___Texas) County of __Harris_) 4 HEREBY DECLARE that on this day before me an Officer duly swort, appeared, Hee Uewis tndt[re who kas attained the AGE OF MAJORITY, proved to me upon satisfactory evidence, by his/her free act and deed, he/she has tendered, presented, executed and forthwith delivered the foregoing instrument(s) to be received and he/she has acknowledged before me that he has executed by same, DECLARED before me in the County and State aforesaid this AT day of_Decen HR, 20/9. WITNESS my hawd and official seal. NOTARY Diehliow Yateare Wi Wiens PRINTED ie, VALI ILLIAMS. Notary Public, State of Texas| comm. Expires 01-09-2022 nig Notary 1D 129669713 IN WITNESS WHEREOF the said Party has indeed signed and sealed, the presentiment(s) on this day and pear first above written, Signed, sealed and delive red in the ‘presence of: fe wis andre, clan hey wee p CERTIFICATE OF SERVICE This is to certify that f peyed if[reer 5 Ael Cc have on this day served Opposing Attorney & Magistrate, by Registered Mail. on this Zi chee 201%. CLERK OF COURT Marilyn Burgess 201Caroline St. Houston, Tx 77002 CC: Charles Floyd ATTORNEY-AT-LAW/ COUNSEL 1700 Pacific Ave ste 2250 Dallas, Tx [75201] CC; CEO RICHARD D. FAIRBANK of CAPITAL ONE 1680 capital one dr. Mclean, Virginia [22102] I DECLARE, under penalty and perjury under the laws of the Texas Republic and the United States of America that the foregoing is true and correct. Executed on this 2.7 day of. December 201%, Hous ter] Texas Republic, United States of America, Printed: _Hayes, Travis Ardre By. Ap Dele All Rights Reserved, Hayes, Travis Andre 126 Pine Meadow Hempstead, Texas near; [77445] DuPont’ Tyvek’ TOE eae What's Inside™ RECIPIENT Schedule package pickup The sender has req uested notification “it postage ontine - Got‘igh t from your home or: fo usps.com/px office at usps.com/pickyp Immediately up upon on receipt, please telephone: delivery, "ASE PRESS Finmny Tel. No, PLEASE PRESS FiauLy ty Pir = — s+ 23 ED 35 22 8 ie || PeSa a ie d aS a By gs swe aS = rm *| a ui gg e oe U at a8 ake Sa as He feui Aa ER 2o ill ye Ta, mv De HE ze =? 5 ae af f GES m>o mea u 35 a — 4 Be 2 the 7 4 ENE NT ae g<= ep Fl x. => w iA ws aoe ok iyz | og joo T PLé E i yl ae a => => ia “i lsAEs — # ql f7 yo sO if? ) 2| lo & OD a af We tu ween eee eec eee iN 8 ae 2 ie > Re i Bg poypuc ge3 S03 an gir Lnnnece anne! ao 2a RZ as gE ae “pins ea 1A Fusnine ie me on _[3 30}IPS 10u 81 eG eH08d 81Siu) “mer fetepes Jo UOREIOIA B Am fet neneus One ines SS a = az or ca “\ =; a Reeaox =& a =i Ola e & €