Preview
Case Number: COCE-18-000384 Division: 51
Filing # 66126978 E-Filed 01/04/2018 04:48:51 PM
10.
11.
12.
CAPITAL ONE BANK (USA), N.A., IN THE COUNTY COURT IN AND FOR
BROWARD COUNTY, FLORIDA
Plaintiff,
CIVIL DIVISION
vs.
DAVID HICKS, ease o:
Defendant.
/
COMPLAINT
Plaintiff, CAPITAL ONE BANK (USA), N.A., sues Defendant, DAVID HICKS, and alleges:
That this is an action for damages that is within this Court's jurisdictional limitations.
Plaintiff is a National Banking Association authorized to do business in Florida.
Defendant, DAVID HICKS, is an individual, is sui juris, and is a resident of BROWARD County,
Florida.
The Defendant requested an extension of credit from CAPITAL ONE BANK (USA),, N.A..
The credit account number was i .
All conditions precedent to the bringing of this action have been met or waived
Plaintiff hereby disclaims any demand or collection of attorney's fees associated with the bringing of
this action.
Defendant caused various charges to be made through the use of said card.
COUNT | (ACCOUNT STATED:
Plaintiff re-alleges all of the allegations set forth in paragraphs 1 - 8.
Before the institution of this action, Plaintiff and Defendant had business transactions between them
and on 09-10-16, they agreed to the resulting balance.
Plaintiff rendered a statement of it to defendant a copy being attached hereto, and Defendant did not
object to the statement.
Defendant(s) owes Plaintiff the principal sum of $14565.53 since 09-10-16 on the account.
Demand for payment has been made.
WHEREFORE, Plaintiff demands judgment for damages of $14565.53 against the Defendant, DAVID
*4* FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 1/4/2018 4:48:50 PM.****13.
14.
16.
HICKS, plus costs and disbursements in the institution of this suit, and any other telief which this
Court deems just and proper.
COUNT Ii (UNJUST ENRICHMENT)
Plaintiff realleges and reaffirms paragraphs 1-8.
The Defendant received a financial benefit, which was in fact appreciated by the Defendant.
The Defendant accepted the financial benefit.
By virtue of the circumstances surrounding the use of the credit card, the Defendant knowingly
requested the funds in issue and/or knowingly and voluntarily accepted the benefits bestowed.
It would be inequitable for this Court to allow the Defendant to retain the benefits or to be unjustly
enriched at the expense of the Plaintiff or allow the Defendant to retain the value of the funds in issue
without repaying the Plaintiff the value of same.
The Plaintiff has no adequate remedy at law if the relief sought is not afforded.
WHEREFORE, Plaintiff demands judgment for damages of $14565.53 against the Defendant,
DAVID HICKS, plus costs and disbursements in the peered any other relief which
this Court deems just and proper. - 7
Attorney for the Plaintiff
806 Douglas Rodd, Suite 200
Coral Gables, Fjorida 33134
Telephone: (395) 448-0006 x 239
Toll Free: (888) 448-1557
Facsimile: (305) 559-0101
E-mail: KEVINS@POLLACKROSEN.COM
LEGALPLEADINGS@POLLACKROSEN.COM
Matter No: 3091149Page tof 2
Customer Service 1-800-258-9319 ‘Aug. 10- Sep. 09, 2016 31 Days in Billing Cycle!
www.capitalone.com -
IMPORTANT ACCOUNT UPDATES
| Spark Visa Signature Business Account ending in MM: vou ut balance is due, Any payment you make wil reduce your balance and help pay off
NEW BALANCE PAYMENT DUE DUE DATE —_|_-Yourdebt faster. The amount you owe may cfr if youve enteredinto a separate paymert
agreement \
$14,865.53 $14,565.53 PAST DUE
| Available Credit: $0.00
Previous Balance Payments and Credits Fees and Interest Charged Transactions New Balance
$14,279.00 - $0.00 + $286.53 + $0.00 = $14,565.53
TRANSACTIONS —
PAYMENTS, CREDITS & ADJUSTMENTS FOR DAVID HICKS #1 H le Ip Is Avail able.
. !
TRANSACTIONS FOR DAVID HICKS # I Just Pick U p the Phone.
TRANSACTIONS FOR RAYSA ESCOTO-GONZALEZ #0443
Purchase Spend Limit : $0.00 Cash Spend Limit : $0.00 call 1-800-258-9319 anda specially
trained agent will be happy to help you or answer
—
any questions you may have.
FEES
Total Fees This Period $0.00 300043-C
INTEREST CHARGED
INTEREST CHARGE PURCHASES: $245.52
INTEREST CHARGE:CASH ADVANCES $41.04 INTEREST CHARGE CALCULATION
Total Interest This Period $286.53 Your Annual Percentage Rate (APR) is the annual interest rate on your account.
Annual Percentage Balance Subject to
TOTALS YEAR TO DATE Type of Balance Interest Charge
Total Fees This Year $196.00 Rate (APR) Interest Rate
Total interest This Year $1,989.85, Purchases: 23.40% D $12,353.64 $245.52
Cash Advances. 23.40% D $2,063.51 $41.01
P.LO.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.
1 09 0000000250000000007
Account ending in Hii
Due Date New Balance ‘Amount Enclosed
Stay Informed. @
For the most current information about your
account, give us a call at 1-800-258-9319.
400021
Past Due $14,565.53
DAVID HICKS
USA LIGHTING AND MAINTANCE INC
Capital One Bank (USA): NeA.
225 SE 4TH ST
DANIA, FL 33004-4133 P.0. Box 71083
Charlotte, NC 28272-1083
tach illieub edhe til bribe: Moar en nen Tue
1 09 0000000250000000007
Preview
Case Number: COCE-18-000384 Division: 51 Filing # 66126978 E-Filed 01/04/2018 04:48:51 PM 10. 11. 12. CAPITAL ONE BANK (USA), N.A., IN THE COUNTY COURT IN AND FOR BROWARD COUNTY, FLORIDA Plaintiff, CIVIL DIVISION vs. DAVID HICKS, ease o: Defendant. / COMPLAINT Plaintiff, CAPITAL ONE BANK (USA), N.A., sues Defendant, DAVID HICKS, and alleges: That this is an action for damages that is within this Court's jurisdictional limitations. Plaintiff is a National Banking Association authorized to do business in Florida. Defendant, DAVID HICKS, is an individual, is sui juris, and is a resident of BROWARD County, Florida. The Defendant requested an extension of credit from CAPITAL ONE BANK (USA),, N.A.. The credit account number was i . All conditions precedent to the bringing of this action have been met or waived Plaintiff hereby disclaims any demand or collection of attorney's fees associated with the bringing of this action. Defendant caused various charges to be made through the use of said card. COUNT | (ACCOUNT STATED: Plaintiff re-alleges all of the allegations set forth in paragraphs 1 - 8. Before the institution of this action, Plaintiff and Defendant had business transactions between them and on 09-10-16, they agreed to the resulting balance. Plaintiff rendered a statement of it to defendant a copy being attached hereto, and Defendant did not object to the statement. Defendant(s) owes Plaintiff the principal sum of $14565.53 since 09-10-16 on the account. Demand for payment has been made. WHEREFORE, Plaintiff demands judgment for damages of $14565.53 against the Defendant, DAVID *4* FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 1/4/2018 4:48:50 PM.****13. 14. 16. HICKS, plus costs and disbursements in the institution of this suit, and any other telief which this Court deems just and proper. COUNT Ii (UNJUST ENRICHMENT) Plaintiff realleges and reaffirms paragraphs 1-8. The Defendant received a financial benefit, which was in fact appreciated by the Defendant. The Defendant accepted the financial benefit. By virtue of the circumstances surrounding the use of the credit card, the Defendant knowingly requested the funds in issue and/or knowingly and voluntarily accepted the benefits bestowed. It would be inequitable for this Court to allow the Defendant to retain the benefits or to be unjustly enriched at the expense of the Plaintiff or allow the Defendant to retain the value of the funds in issue without repaying the Plaintiff the value of same. The Plaintiff has no adequate remedy at law if the relief sought is not afforded. WHEREFORE, Plaintiff demands judgment for damages of $14565.53 against the Defendant, DAVID HICKS, plus costs and disbursements in the peered any other relief which this Court deems just and proper. - 7 Attorney for the Plaintiff 806 Douglas Rodd, Suite 200 Coral Gables, Fjorida 33134 Telephone: (395) 448-0006 x 239 Toll Free: (888) 448-1557 Facsimile: (305) 559-0101 E-mail: KEVINS@POLLACKROSEN.COM LEGALPLEADINGS@POLLACKROSEN.COM Matter No: 3091149Page tof 2 Customer Service 1-800-258-9319 ‘Aug. 10- Sep. 09, 2016 31 Days in Billing Cycle! www.capitalone.com - IMPORTANT ACCOUNT UPDATES | Spark Visa Signature Business Account ending in MM: vou ut balance is due, Any payment you make wil reduce your balance and help pay off NEW BALANCE PAYMENT DUE DUE DATE —_|_-Yourdebt faster. The amount you owe may cfr if youve enteredinto a separate paymert agreement \ $14,865.53 $14,565.53 PAST DUE | Available Credit: $0.00 Previous Balance Payments and Credits Fees and Interest Charged Transactions New Balance $14,279.00 - $0.00 + $286.53 + $0.00 = $14,565.53 TRANSACTIONS — PAYMENTS, CREDITS & ADJUSTMENTS FOR DAVID HICKS #1 H le Ip Is Avail able. . ! TRANSACTIONS FOR DAVID HICKS # I Just Pick U p the Phone. TRANSACTIONS FOR RAYSA ESCOTO-GONZALEZ #0443 Purchase Spend Limit : $0.00 Cash Spend Limit : $0.00 call 1-800-258-9319 anda specially trained agent will be happy to help you or answer — any questions you may have. FEES Total Fees This Period $0.00 300043-C INTEREST CHARGED INTEREST CHARGE PURCHASES: $245.52 INTEREST CHARGE:CASH ADVANCES $41.04 INTEREST CHARGE CALCULATION Total Interest This Period $286.53 Your Annual Percentage Rate (APR) is the annual interest rate on your account. Annual Percentage Balance Subject to TOTALS YEAR TO DATE Type of Balance Interest Charge Total Fees This Year $196.00 Rate (APR) Interest Rate Total interest This Year $1,989.85, Purchases: 23.40% D $12,353.64 $245.52 Cash Advances. 23.40% D $2,063.51 $41.01 P.LO.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. 1 09 0000000250000000007 Account ending in Hii Due Date New Balance ‘Amount Enclosed Stay Informed. @ For the most current information about your account, give us a call at 1-800-258-9319. 400021 Past Due $14,565.53 DAVID HICKS USA LIGHTING AND MAINTANCE INC Capital One Bank (USA): NeA. 225 SE 4TH ST DANIA, FL 33004-4133 P.0. Box 71083 Charlotte, NC 28272-1083 tach illieub edhe til bribe: Moar en nen Tue 1 09 0000000250000000007