Preview
141-294292-17 FILED
TARRANT COUNTY
10/16/2017 2:06 PM
THOMAS A. WILDER
NOTICE: THIS DOCUMENT DISTRICT CLERK
CONTAINS SENSITIVE DATA
NO. 141-294292-17
CAPITAL ONE BANK (USA), N.A. § IN THE 141ST JUDICIAL
§
vs. § DISTRICT COURT OF
§
JACQUELIN M JONES § TARRANTCOUNTY,TEXAS
MOTION FOR DEFAULT JUDGMENT
Plaintiff, CAPITAL ONE BANK (USA), N .A., moves this Court for an order of default judgment
against Defendant for failure to file an appearance or answer, or otherwise plead to Plaintiffs Original
Petition.
I. FACTS
1. Plaintiff filed its Original Petition with this Court.
2. The return of service, filed with this Court, shows that Defendant was served with a copy
ofPlaintiffs Original Petition on September 9, 2017. The return of service has been on file
for more than ten (10) days.
3. Defendant has failed to file an appearance, file an answer, or otherwise respond to
Plaintiff's Original Petition within the period of time prescribed in the Texas Rules of Civil
Procedure.
4. Defendant's failure to answer admits the allegations of liability and, because the claim is
liquidated, damages. Plaintiff, therefore, moves for a judgment as to liability and damages.
5. In compliance with the Soldiers and Sailors Relief Act, the Affidavit of Non-Military
Service is attached as Exhibit "D". In addition, the Certificate of Last Known Address is
attached hereto as Exhibit "C".
II. DAMAGES
6. Plaintiff is entitled to a default judgment on liability and damages.
7. The damages in Plaintiffs petition are liquidated and proved by a written instrument and
may be accurately calculated; therefore, no hearing is necessary to establish the amount of
damages. In support of damages, Plaintiff attaches as Exhibit "A" a copy of an affidavit of
Plaintiffs representative. Also attached as Exhibit "B" is a copy of a billing statement.
III. PRAYER
8. For these reasons, Plaintiff asks the Court to sign a final default judgment granting court
costs and all relief requested in this Motion.
Respectfully submitted,
NOTICE TO DEFENDANT
We are attorney debt collectors attempting to collect a debt and any further information obtained will be
used for that purpose.
CAPITAL ONE BANK (USA), N.A.,
Plaintiff,
v.
JACQUELIN M JONES
Defendant(s).
AFFIDAVIT
PERSONALLY APPEARED before the undersigned officer, duly authorized to administer oaths,
Kathy Cimburke, who states under oath as follows:
1. I am over 18 years old and competent to testify to the matters set forth herein. I am an
employee of Capital One Services, LLC, ("COSLLC"), an agent and affiliate of Plaintiff CAPITAL
ONE BANK (USA), N.A. ("Capital One"). COSLLC provides services to Capital One in connection
with its credit card and related banking practices and my job responsibilities as Litigation Support
Representative provide me with access to all relevant systems and documents of Capital One needed to
validate the below information. I am authorized by Capital One to testify to the matters set forth herein.
As a result of the scope of my job responsibilities, I have personal knowledge of the manner and method
by which Capital One creates and maintains certain business books and records, including computer
records of customer accounts.
2. The Capital One books and records are made in the course of Capital One's regularly
conducted business activity and it is a regular practice of Capital One to make these books and records.
Each of the Capital One books and records reviewed are made: ( 1) at or near the time the events they
purport to describe occurred, by a person with knowledge of the acts and events; or, (2) by a computer or
other similar digital means, which contemporaneously records an event as it occurs.
3. Capital One is the original creditor on this account. According to the books and records
of Capital One, a Capital One account was opened in Defendant's(s') name for the purpose of obtaining
an extension of credit. Subsequently, this account was used to acquire goods, services or cash advances
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in accordance with the Customer Agreement governing use of that account. Defendant(s) have failed to
make the required periodic payments on the account.
4. The books and records of Capital One show that Defendant(s) is/are currently indebted to
Capital One on account number :XXXXXXXXXXXXXXXX for the just and true sum of $9626.25 as of
07/17/2017, and that all offsets, payments, and credits have been allowed. This balance is comprised of
Defendant's(s') outstanding debt on the date the account charged off (including any pre-charge-off
transactions, interest, and/or fees) less any offsets, payments, or credits applied to the account after the
charge-off date.
5. Nothing in the books and records of Capital One indicate or show that the Defendant(s)
is/are a minor/minors, is/are mentally incompetent or is/are otherwise incapacitated.
6. I declare under the penalty of petjury that the foregoing is true and correct and if called as
a witness I would competently testify, under oath, thereto.
Given under my hand on:
Dated: 6~e./
Kathy Cimburke
County of Chesterfield, to wit:
Commonwealth ofVirginia
SUBSCRIBED and sworn to before me, the undersigned Notary Public in and for the jurisdiction
aforesaid, by Kathy Cimburke, who is personally known to me and who acknowledged before me his/her
signature to the foregoing Affidavit.
GIVEN under my hand and seal t h a 7day of _ ___,~....,.---+---
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Page 1 of 2
c~- Customer Service 1-800-258-9319 Jun. 16- Jul. 15, 2016
30 Days in Billing Cycle
www.capitalone.com
IMPORTANT ACCOUNT UPDATES
Visa Platinum Account ending i n .
Your full balance is due. Any payment you make will reduce your balance and help pay off
NEW BALANCE PAYMENT DUE DUE DATE your debt faster. The amount you owe may differ if you've entered into a separate payment
agreement.
$9,626.25 $9,626.25 PAST DUE
Available Credit: $0.00
\
PreviousBalance Payments and Credits Fees and Interest Charged Transactions New Balance
$9,490.91 [ $0.00 J + ( $135.34 ) + $0.00 = $9,626.25
(TRANSACTIONS
PAYMENTS, CREDITS &ADJUSTMENTS FOR JACQUELIN M JONES~
Help Is Available.
TRANSACTIONS FOR JACQUELIN M JONES ~ Just Pi.ck Up the Phone.
Call1·800-258-9319 and a specially
FEES trained a~entwill be happy to help you or answer
Total Fees This Period $0.00
any que~tions you may have.
INTEREST CHARGED 300043-C
INTEREST CHARGE:PURCHASES $111.63
INTEREST CHARGE:CASH ADVANCES $23.71
Total Interest This Period $135.34
INTEREST CHARGE CALCULATION
TOTALS YEAR TO DATE
Your Annual Percentage Rate (APR)
is the annual interest rate on your account.
Total Fees This Year $95.00
Total Interest This Year $917.11 Annual PercentageBalance Subject to
Type of Balance Rate (APR) Interest Rate Interest Charge
Purchases 16.15% D $8,408.90 $111.63
Cash Advances 25.15% D $1,147.23 $23.71
P,L,D,F = Variable Rate. See reverse of page 1 for details
PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ON TO WWW.CAPITALONE.COM TO MAKE YOUR PAYMENT ONLINE.
Account ending in . .
0
Due Date New Balance Amount Enclosed
( Past Due ) ( $9,626.25 ) ( ) Stay Informed.
For the most current information about your
account, give us a call at 1-800-258-9319.
- -
400021
JACQUELIN M JONES
Capital One Bank
Preview
141-294292-17 FILED TARRANT COUNTY 10/16/2017 2:06 PM THOMAS A. WILDER NOTICE: THIS DOCUMENT DISTRICT CLERK CONTAINS SENSITIVE DATA NO. 141-294292-17 CAPITAL ONE BANK (USA), N.A. § IN THE 141ST JUDICIAL § vs. § DISTRICT COURT OF § JACQUELIN M JONES § TARRANTCOUNTY,TEXAS MOTION FOR DEFAULT JUDGMENT Plaintiff, CAPITAL ONE BANK (USA), N .A., moves this Court for an order of default judgment against Defendant for failure to file an appearance or answer, or otherwise plead to Plaintiffs Original Petition. I. FACTS 1. Plaintiff filed its Original Petition with this Court. 2. The return of service, filed with this Court, shows that Defendant was served with a copy ofPlaintiffs Original Petition on September 9, 2017. The return of service has been on file for more than ten (10) days. 3. Defendant has failed to file an appearance, file an answer, or otherwise respond to Plaintiff's Original Petition within the period of time prescribed in the Texas Rules of Civil Procedure. 4. Defendant's failure to answer admits the allegations of liability and, because the claim is liquidated, damages. Plaintiff, therefore, moves for a judgment as to liability and damages. 5. In compliance with the Soldiers and Sailors Relief Act, the Affidavit of Non-Military Service is attached as Exhibit "D". In addition, the Certificate of Last Known Address is attached hereto as Exhibit "C". II. DAMAGES 6. Plaintiff is entitled to a default judgment on liability and damages. 7. The damages in Plaintiffs petition are liquidated and proved by a written instrument and may be accurately calculated; therefore, no hearing is necessary to establish the amount of damages. In support of damages, Plaintiff attaches as Exhibit "A" a copy of an affidavit of Plaintiffs representative. Also attached as Exhibit "B" is a copy of a billing statement. III. PRAYER 8. For these reasons, Plaintiff asks the Court to sign a final default judgment granting court costs and all relief requested in this Motion. Respectfully submitted, NOTICE TO DEFENDANT We are attorney debt collectors attempting to collect a debt and any further information obtained will be used for that purpose. CAPITAL ONE BANK (USA), N.A., Plaintiff, v. JACQUELIN M JONES Defendant(s). AFFIDAVIT PERSONALLY APPEARED before the undersigned officer, duly authorized to administer oaths, Kathy Cimburke, who states under oath as follows: 1. I am over 18 years old and competent to testify to the matters set forth herein. I am an employee of Capital One Services, LLC, ("COSLLC"), an agent and affiliate of Plaintiff CAPITAL ONE BANK (USA), N.A. ("Capital One"). COSLLC provides services to Capital One in connection with its credit card and related banking practices and my job responsibilities as Litigation Support Representative provide me with access to all relevant systems and documents of Capital One needed to validate the below information. I am authorized by Capital One to testify to the matters set forth herein. As a result of the scope of my job responsibilities, I have personal knowledge of the manner and method by which Capital One creates and maintains certain business books and records, including computer records of customer accounts. 2. The Capital One books and records are made in the course of Capital One's regularly conducted business activity and it is a regular practice of Capital One to make these books and records. Each of the Capital One books and records reviewed are made: ( 1) at or near the time the events they purport to describe occurred, by a person with knowledge of the acts and events; or, (2) by a computer or other similar digital means, which contemporaneously records an event as it occurs. 3. Capital One is the original creditor on this account. According to the books and records of Capital One, a Capital One account was opened in Defendant's(s') name for the purpose of obtaining an extension of credit. Subsequently, this account was used to acquire goods, services or cash advances r9l ~ • N00000045862254 • in accordance with the Customer Agreement governing use of that account. Defendant(s) have failed to make the required periodic payments on the account. 4. The books and records of Capital One show that Defendant(s) is/are currently indebted to Capital One on account number :XXXXXXXXXXXXXXXX for the just and true sum of $9626.25 as of 07/17/2017, and that all offsets, payments, and credits have been allowed. This balance is comprised of Defendant's(s') outstanding debt on the date the account charged off (including any pre-charge-off transactions, interest, and/or fees) less any offsets, payments, or credits applied to the account after the charge-off date. 5. Nothing in the books and records of Capital One indicate or show that the Defendant(s) is/are a minor/minors, is/are mentally incompetent or is/are otherwise incapacitated. 6. I declare under the penalty of petjury that the foregoing is true and correct and if called as a witness I would competently testify, under oath, thereto. Given under my hand on: Dated: 6~e./ Kathy Cimburke County of Chesterfield, to wit: Commonwealth ofVirginia SUBSCRIBED and sworn to before me, the undersigned Notary Public in and for the jurisdiction aforesaid, by Kathy Cimburke, who is personally known to me and who acknowledged before me his/her signature to the foregoing Affidavit. GIVEN under my hand and seal t h a 7day of _ ___,~....,.---+--- N00000045862254 891396947 ,,,, ,.. .........., ..,E ~ c:.~""A ,,, -, A384 .~ . .;iS . ~~·······; s~ -•• ••••'NOTARY ···.~ ·~ MOSS LAW FIRM, P.C. : C'Q: PUBLIC \0-;. : : REG# 7520055 ~· : : i ~~ ••• MY COMMlSSION : EXPIRES i~: i ~.-;..~~··•••05131JaJ20••••••'l'oJ r~! ..,·''''s.········ ~~ ,. .. 2 .... ............ ALTH ,..&, ........... \J' ,,,.. Page 1 of 2 c~- Customer Service 1-800-258-9319 Jun. 16- Jul. 15, 2016 30 Days in Billing Cycle www.capitalone.com IMPORTANT ACCOUNT UPDATES Visa Platinum Account ending i n . Your full balance is due. Any payment you make will reduce your balance and help pay off NEW BALANCE PAYMENT DUE DUE DATE your debt faster. The amount you owe may differ if you've entered into a separate payment agreement. $9,626.25 $9,626.25 PAST DUE Available Credit: $0.00 \ PreviousBalance Payments and Credits Fees and Interest Charged Transactions New Balance $9,490.91 [ $0.00 J + ( $135.34 ) + $0.00 = $9,626.25 (TRANSACTIONS PAYMENTS, CREDITS &ADJUSTMENTS FOR JACQUELIN M JONES~ Help Is Available. TRANSACTIONS FOR JACQUELIN M JONES ~ Just Pi.ck Up the Phone. Call1·800-258-9319 and a specially FEES trained a~entwill be happy to help you or answer Total Fees This Period $0.00 any que~tions you may have. INTEREST CHARGED 300043-C INTEREST CHARGE:PURCHASES $111.63 INTEREST CHARGE:CASH ADVANCES $23.71 Total Interest This Period $135.34 INTEREST CHARGE CALCULATION TOTALS YEAR TO DATE Your Annual Percentage Rate (APR) is the annual interest rate on your account. Total Fees This Year $95.00 Total Interest This Year $917.11 Annual PercentageBalance Subject to Type of Balance Rate (APR) Interest Rate Interest Charge Purchases 16.15% D $8,408.90 $111.63 Cash Advances 25.15% D $1,147.23 $23.71 P,L,D,F = Variable Rate. See reverse of page 1 for details PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ON TO WWW.CAPITALONE.COM TO MAKE YOUR PAYMENT ONLINE. Account ending in . . 0 Due Date New Balance Amount Enclosed ( Past Due ) ( $9,626.25 ) ( ) Stay Informed. For the most current information about your account, give us a call at 1-800-258-9319. - - 400021 JACQUELIN M JONES Capital One Bank