IN THE DISTRICT COURT IN AND FOR HUGHES COUNTY
STATE OF OKLAHOMA
CAPITAL ONE, N.A. )
PLAINTIFF ) )
Case No. )
AMANDA J PRUITT )
DEFENDANT(S) )
PETITION
Comes now the Plaintiff, CAPITAL ONE, N.A. ("Plaintiff"), and for its cause of action against the Defendant(s) alleges and states as follows:
1. Plaintiff, CAPITAL ONE, N.A., is and at all times relevant to this action has been a National Association.
2. That the Defendant(s) herein is a resident of HUGHES County, Oklahoma and this Court has jurisdiction of the parties and the subject matter herein.
3. AMANDA J PRUITT entered into a credit agreement with CAPITAL ONE, N.A.. Defendant's use of the card to make purchases constitutes his/her acceptance to the terms and conditions set forth in said credit agreement.
4. At the time of filing, AMANDA J PRUITT is justly indebted to CAPITAL ONE, N.A. in the amount of $2,430.21.
5. Counsel for Plaintiff submits that after diligent search, AMANDA J PRUITT does not serve on active duty in the military.
6. CAPITAL ONE, N.A. is not requesting attorney's fees in this action.
7. The account is past due and payable; demands for payment have been refused; and there are no set-offs or counterclaims.
8. Plaintiff has complied with all the terms, conditions, and provisions of the account and is duly empowered to bring this action.
9. Plaintiff is entitled as a matter of law to a judgment in its favor and against Defendant(s), AMANDA J PRUITT, for the principal amount due, being $2,430.21.
10. Attached as Exhibit 1 is an account statement showing the balance due.
WHEREFORE, PREMISES CONSIDERED, Plaintiff, CAPITAL ONE, N.A., prays for judgment against the Defendant(s), AMANDA J PRUITT, in the sum of $2,430.21, all costs of court, and all other relief to which the Plaintiff may be entitled.
CAPITAL ONE, N.A.,
PLAINTIFF
By:
[handwritten signature]
Lewis A. Berkowitz, (OBA# 733)
Couch Lambert, LLC
Attorneys for Plaintiff
3501 N. Causeway Blvd., Ste. 800
Metairie, LA 70002
Telephone: (504) 838-7747
[email protected]
EXHIBIT 1
Payment Information
Payment Due Date: PAST DUE
For online and phone payments, the deadline is 8pm ET.
New Balance: $2,430.21
Minimum Payment Due: $2,430.21
IMPORTANT: Your account has charged off and is now serviced by the Recoveries department at 1-800-258-9319. Your full balance is due. Any payment you make will reduce your balance and help pay off your debt faster. The amount you owe may differ if you've entered into a separate payment agreement.
Account Summary
Previous Balance: $2,372.04
Payments: $0.00
Other Credits: $0.00
Transactions: +$0.00
Cash Advances: +$0.00
Fees Charged: +$0.00
Interest Charged: +$58.17
New Balance: = $2,430.21
Available Credit (as of Nov 13, 2024): N/A
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See reverse for Important Information
AMANDA J PRUITT
8110 E 134 RD
HOLDENVILLE, OK 74848-6238
Payment Due Date: Past Due Account ending in 6367
New Balance: $2,430.21
Minimum Payment Due: $2,430.21
Amount Enclosed:
Please send us this portion of your statement and only one check (or one money order) payable to Capital One to ensure your payment is processed promptly. Allow at least seven business days for delivery.
Capital One
P.O. Box 60519
City of Industry CA 91716-0519
How can I Avoid Paying Interest Charges? If you pay your New Balance in full by the due date each month, we will not charge interest on new transactions that post to the purchase balance. If you have been paying in full without Interest Charges, but fail to pay your next New Balance in full, we will charge interest on the unpaid balance. Interest Charges on Cash Advances and Special Transfers start on the transaction date. Promotional offers may allow you to pay less than the total New Balance and avoid paying interest on new transactions that post to your purchase balance. See the front of your statement for additional information.
How is the Interest Charge Determined? Interest Charges accrue from the date of the transaction, date the transaction is processed or the first day of the Billing Cycle. Interest accrues daily on every unpaid amount until it is paid in full. Interest accrued during a Billing Cycle posts to your account at the end of the Billing cycle and appears on your next statement. You may owe Interest Charges even if you pay the entire New Balance one month, but did not do so the prior month. Once you start accruing Interest Charges, you generally must pay your New Balance in full two consecutive Billing Cycles before Interest Charges stop being posted to your Statement. Interest Charges are added to the corresponding segment of your account.
Do you assess a Minimum Interest Charge? We may assess a minimum Interest Charge of $0.00 for each Billing Cycle if your account is subject to an Interest Charge.
How do you Calculate the Interest Charge? We use a method called Average Daily Balance (including new transactions).
1. First, for each segment we take the beginning balance each day and add in new transactions and the periodic Interest Charge on the previous day's balance. Then we subtract any payments and credits for that segment as of that day. The result is the daily balance for each segment. However, if your previous statement balance was zero or a credit amount, new transactions which post to your purchase segment are not added to the daily balance.
2. Next, for each segment, we add the daily balances together and divide the sum by the number of days in the Billing Cycle. The result is the Average Daily Balance for each segment.
3. At the end of each Billing Cycle, we multiply your Average Daily Balance for each segment by the daily periodic rate (APR divided by 365) for that segment, and then we multiply the result by the number of days in the Billing Cycle. We add the Interest Charges for all segments together. The result is your total Interest Charge for the Billing Cycle.
The Average Daily Balance is referred to as the Balance Subject to Interest Rate in the Interest Charge Calculation section of this Statement.
NOTE: Due to rounding or a minimum Interest Charge, this calculation may vary slightly from the Interest Charge actually assessed.
How can I Avoid Membership Fees? If a Renewal Notice is printed on this statement, you may avoid paying an annual membership Fee by contacting Customer Service fewer than 40 days after the annual membership Fee was assessed to request that we close your account. To avoid paying a monthly membership Fee, close your account and we will stop assessing your monthly membership Fee.
How can I Close My Account? You can contact Customer Service anytime to request that we close your account.
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How do you Process Payments? When you make a payment, you authorize us to initiate an ACH or electronic payment that will be debited from your bank account or other related account. When you provide a check or check information to make a payment, you authorize us to use information from the check to make a one-time ACH or other electronic transfer from your bank account. We may also process it as a check transaction. Funds may be withdrawn from your bank account as soon as the same day we process your payment.
How do you Apply My Payment? We generally apply payments up to your Minimum Payment first to the balance with the lowest APR (including 0% APR), and then to balances with higher APRs. We apply any part of your payment exceeding your Minimum Payment to the balance with the highest APR, and then to balances with lower APRs.
Billing Rights Summary (Does not Apply to Small Business Accounts)
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:
P.O. Box 30285, Salt Lake City, UT 84130-0285.
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 or notify us electronically, but if you do we are not required to investigate any potential errors and you may have to pay the amount in question. We will notify you in writing within 30 days of our receipt of your letter. 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 until we send you a notice about the outcome of our investigation, you are responsible for the remainder of your balance.
• We can apply any unpaid amount against your credit limit. Within 90 days of our receipt of your letter, we will send you a written notice explaining either that we corrected the error (to appear on your next statement) or the reasons we believe the bill is correct.
Your Rights if You Are Dissatisfied With Your Purchase: 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, the following must be true:
1) You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a check that accesses your credit card account do not qualify; and
2) You must not yet have fully paid for the purchase.
If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at: P.O. Box 30285, Salt Lake City, UT 84130-0285. While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our decision. At that point, if we think you owe an amount and you do not pay we may report you as delinquent.
© 2023 Capital One. Capital One is a federally registered service mark
ETC-08 07/13/2023
How do I Make Payments? You may make your payment in several ways:
1. Online Banking by logging into your account;
2. Capital One Mobile Banking app for approved electronic devices;
3. Calling the telephone number listed on the front of this statement and providing the required payment information;
4. Sending mail payments to the address on the front of this statement with the payment coupon or your account information.
When will you Credit My Payment?
♦ For mobile, online or over the phone, as of the business day we receive it, as long as it is made by 8 p.m. ET.
♦ For mail, as of the business day we receive it, as long as it is received by 5 p.m. local time at our processing center. You must send the bottom portion of this statement and your check to the payment address on the front of this statement. Please allow at least seven (7) business days for mail delivery. Mailed payments received by us at any other location or payments in any other form may not be credited as of the day we receive them.
Transactions
AMANDA J PRUITT #6367: Payments, Credits and Adjustments
<table>
<tr>
<th>Trans Date</th>
<th>Post Date</th>
<th>Description</th>
<th>Amount</th>
</tr>
</table>
AMANDA J PRUITT #6367: Transactions
<table>
<tr>
<th>Trans Date</th>
<th>Post Date</th>
<th>Description</th>
<th>Amount</th>
</tr>
</table>
Fees
<table>
<tr>
<th>Trans Date</th>
<th>Post Date</th>
<th>Description</th>
<th>Amount</th>
</tr>
<tr>
<td colspan="3">Total Fees for This Period</td>
<td>$0.00</td>
</tr>
</table>
Interest Charged
<table>
<tr>
<th>Interest Charge on Purchases</th>
<td>$53.89</td>
</tr>
<tr>
<th>Interest Charge on Cash Advances</th>
<td>$4.28</td>
</tr>
<tr>
<th>Interest Charge on Other Balances</th>
<td>$0.00</td>
</tr>
<tr>
<td colspan="2">Total Interest for This Period</td>
<td>$58.17</td>
</tr>
</table>
Total Fees charged $160.00
Total Interest charged $574.41
Interest Charge Calculation
Your Annual Percentage Rate (APR) is the annual interest rate on your account.
<table>
<tr>
<th>Type of Balance</th>
<th>Annual Percentage Rate (APR)</th>
<th>Balance Subject to Interest Rate</th>
<th>Interest Charged</th>
</tr>
<tr>
<td>Purchases</td>
<td>29.49% P</td>
<td>$2,223.61</td>
<td>$53.89</td>
</tr>
<tr>
<td>Cash Advances</td>
<td>29.49% P</td>
<td>$176.42</td>
<td>$4.28</td>
</tr>
</table>
Variable APRs: If you have a letter code displayed next to any of the above APRs, this means they are variable APRs. They may increase or decrease based on one of the following indices (reported in The Wall Street Journal) as described below.
<table>
<tr>
<th>Code next to your APR(s)</th>
<th>How do we calculate your APR(s)?</th>
<th>When your APR(s) will change</th>
</tr>
<tr>
<td>P</td>
<td>Prime Rate + margin</td>
<td>The first day of the Billing Cycles that end in Jan., April, July and Oct.</td>
</tr>
<tr>
<td>L</td>
<td>3 month LIBOR + margin</td>
<td></td>
</tr>
<tr>
<td>D</td>
<td>Prime Rate + margin</td>
<td>The first day of each Billing Cycle</td>
</tr>
<tr>
<td>F</td>
<td>1 month LIBOR + margin</td>
<td></td>
</tr>
</table>
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