Preview
Received and E-Filed for Record
12/30/2020 8:53 PM
Melisa Miller, District Clerk
Montgomery County, Texas
Deputy Clerk, Kayla Adams
20-12-16025
457th
WHEREFORE, Plaintiff Capital One Bank (USA), N.A. prays that
Defendant Bo C. Oliver 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 $5,627.17,
b. Cost of Court.
Digitally signed by Allen I. Amin
/s/ Allen I. Amin DN: o=MJSPC, ou=Legal, uid=119743673
Date: 12/29/2020 5:13:36 AM
Allen I. Amin SBN 24113532
1795127
CAPITAL ONE BANK (USA), N.A. § IN THE DISTRICT COURT
Plaintiff, §
§
vs. § ____ JUDICIAL DISTRICT
§
BO C. OLIVER §
Defendant. § MONTGOMERY COUNTY, TEXAS
NON-MILITARY DECLARATION
Pursuant to Texas Civil Practice and Remedies Code ("TCPRC") §132.001, which provides that
"an unsworn declaration may be used in lieu of a written sworn declaration, verification, certification,
oath or affidavit required by statute or required by a rule, order, or requirement adopted as provided by
law," and Texas Business and Commerce Code ("TBCC") §322.007 which provides that "if a law
requires a record to be in writing, an electronic record satisfies the law" and "if a law requires a signature,
an electronic signature satisfies the law," the undersigned attorney hereby submits the following unsworn
declaration as to the military status of the above-named Defendant:
1. "My name is Allen Ibrahim Amin, my date of birth is October 24, 1988, and my address
is 7155 Old Katy Rd., Suite S210, Houston TX 77024, Texas.
2. I declare under penalty of perjury that the following is true and correct. I am employed
as an attorney by the law firm of Scott & Associates, P.C., which is the law firm representing Plaintiff in
the above-styled case. I am one of the attorneys responsible for overseeing the litigation of this matter.
3. Relevant information for the Defendant has been submitted through the website
maintained by the Department of Defense for issues pertaining to the Servicemembers Civil Relief Act
("SCRA"). According to the Department of Defense Manpower Data Center ("DMDC"), the DMDC
does not indicate that the Defendant is currently on active duty, has been on active duty in the past 367
days, or has been notified of a future call-up to active duty in any branch of the United States Armed
Forces. A copy of the results is attached.
4. Based upon my review of the matter, the attached results, and to the best of my
knowledge, the Defendant in the above-styled case is not currently on active duty in any branch of the
United States Armed Forces."
Executed in Harris County, State of Texas, on December 29, 2020.
Digitally signed by Allen I. Amin
Allen I. Amin DN: o=MJSPC, ou=Legal, uid=119743673
Date: 12/29/2020 5:13:36 AM
Allen I. Amin SBN 24113532
1795127
Nov-24-2020 07:47:36 AM
5.6
XXX-XX-3237
Feb-XX-1982
OLIVER
BO
C
Nov-24-2020
YNXCR2HRRYXMNY9
NA NA No NA
NA NA No NA
NA NA No NA
Dec-28-2020 04:50:50 AM
5.6
XXX-XX-3237
Feb-XX-1982
OLIVER
BO
C
Dec-28-2020
M51R2SX43MX4H56
NA NA No NA
NA NA No NA
NA NA No NA
The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility
Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems.
The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. ? 501 et seq, as amended) (SCRA) (formerly known as
the Soldiers' and Sailors' Civil Relief Act of 1940).
DMDC has issued hundreds of thousands of "does not possess any information indicating that the
individual is currently on active duty" responses, and has experienced only a small error rate.
In the event the individual referenced above, or any family
member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the
protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service. Service contact
information can be found on the SCRA website's FAQ page (Q33) via this URL: https://scra.dmdc.osd.mil/faq.xhtml#Q33.
If you have evidence the person
was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked
against you.
See 50 USC App. ? 521(c).
This response reflects the following information:
(1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active
Duty status within 367 days
preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active
duty on the Active Duty Status Date.
More information on "Active Duty Status"
Active duty status as reported in this certificate is defined in accordance with 10 USC ? 101(d) (1).
Prior to 2010 only some of the active duty periods less
than 30 consecutive days in length were available.
In the case of a member of the National Guard, this includes service under a call to active service
authorized by the President or the Secretary of Defense under 32 USC ? 502(f) for purposes of responding to a national emergency declared by the
President and supported by Federal funds.
All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the
unit they support.
This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve
Program Administrator (RPAs).
Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S.
Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps).
Coverage Under the SCRA is Broader in Some Cases
Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be
reported as on Active Duty under this certificate.
SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods.
Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC ? 101(d)(1).
Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website
certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service.
Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not
actually begun active duty or actually reported for induction.
The Last Date on Active Duty entry is important because a number of protections of the SCRA
extend beyond the last dates of active duty.
Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA
are protected
WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester.
Providing
erroneous information will cause an erroneous certificate to be provided.
Fees
Interest Charged
Totals Year-to-Date
Fees
Interest Charged
Totals Year-to-Date
Preview
Received and E-Filed for Record 12/30/2020 8:53 PM Melisa Miller, District Clerk Montgomery County, Texas Deputy Clerk, Kayla Adams 20-12-16025 457th WHEREFORE, Plaintiff Capital One Bank (USA), N.A. prays that Defendant Bo C. Oliver 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 $5,627.17, b. Cost of Court. Digitally signed by Allen I. Amin /s/ Allen I. Amin DN: o=MJSPC, ou=Legal, uid=119743673 Date: 12/29/2020 5:13:36 AM Allen I. Amin SBN 24113532 1795127 CAPITAL ONE BANK (USA), N.A. § IN THE DISTRICT COURT Plaintiff, § § vs. § ____ JUDICIAL DISTRICT § BO C. OLIVER § Defendant. § MONTGOMERY COUNTY, TEXAS NON-MILITARY DECLARATION Pursuant to Texas Civil Practice and Remedies Code ("TCPRC") §132.001, which provides that "an unsworn declaration may be used in lieu of a written sworn declaration, verification, certification, oath or affidavit required by statute or required by a rule, order, or requirement adopted as provided by law," and Texas Business and Commerce Code ("TBCC") §322.007 which provides that "if a law requires a record to be in writing, an electronic record satisfies the law" and "if a law requires a signature, an electronic signature satisfies the law," the undersigned attorney hereby submits the following unsworn declaration as to the military status of the above-named Defendant: 1. "My name is Allen Ibrahim Amin, my date of birth is October 24, 1988, and my address is 7155 Old Katy Rd., Suite S210, Houston TX 77024, Texas. 2. I declare under penalty of perjury that the following is true and correct. I am employed as an attorney by the law firm of Scott & Associates, P.C., which is the law firm representing Plaintiff in the above-styled case. I am one of the attorneys responsible for overseeing the litigation of this matter. 3. Relevant information for the Defendant has been submitted through the website maintained by the Department of Defense for issues pertaining to the Servicemembers Civil Relief Act ("SCRA"). According to the Department of Defense Manpower Data Center ("DMDC"), the DMDC does not indicate that the Defendant is currently on active duty, has been on active duty in the past 367 days, or has been notified of a future call-up to active duty in any branch of the United States Armed Forces. A copy of the results is attached. 4. Based upon my review of the matter, the attached results, and to the best of my knowledge, the Defendant in the above-styled case is not currently on active duty in any branch of the United States Armed Forces." Executed in Harris County, State of Texas, on December 29, 2020. Digitally signed by Allen I. Amin Allen I. Amin DN: o=MJSPC, ou=Legal, uid=119743673 Date: 12/29/2020 5:13:36 AM Allen I. Amin SBN 24113532 1795127 Nov-24-2020 07:47:36 AM 5.6 XXX-XX-3237 Feb-XX-1982 OLIVER BO C Nov-24-2020 YNXCR2HRRYXMNY9 NA NA No NA NA NA No NA NA NA No NA Dec-28-2020 04:50:50 AM 5.6 XXX-XX-3237 Feb-XX-1982 OLIVER BO C Dec-28-2020 M51R2SX43MX4H56 NA NA No NA NA NA No NA NA NA No NA The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. ? 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service. Service contact information can be found on the SCRA website's FAQ page (Q33) via this URL: https://scra.dmdc.osd.mil/faq.xhtml#Q33. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. ? 521(c). This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC ? 101(d) (1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC ? 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC ? 101(d)(1). Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Fees Interest Charged Totals Year-to-Date Fees Interest Charged Totals Year-to-Date