DeclarationCal. Super. - 6th Dist.May 3, 202110 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 21 CV381 353 Santa Clara - Civil Erin E. Patterson, SBN 262285 Jason W. Tang, SBN 3 14337 Patrick J. Layman, SBN 59643 Thomas J. Sebourn, SBN 279272 Nicholas J. Babilis, SBN 291676 Carina M. Jordan, SBN 302099 Shane T. Wate, SBN 302738 Suttell & Hammer, APC P.O. Box C-90006 Bellevue, WA 98009 Tel: (425) 455-8220/(888) 788-8355 Facsimile: (425) 453-3239 Attorneys for Plaintiff s/h 776509.001 Electronically Filed by Superior Court of CA, County of Santa Clara, on 6/30/2021 3:57 PM Reviewed By: D Harris Case #21 CV381353 Envelope: 6759621 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA LIMITED CIVIL CASE Bank of America, N.A. Case No.: 21CV381353 DECLARATION IN SUPPORT OF ENTRY Plaintiff, 0F JUDGMENT CCP § 585 (d) VS. Pradeep Kumar Defendant. The Declaration is attached hereto and incorporated herein. DECLARATION IN SUPPORT OF ENTRY OF JUDGMENT CCP 585 (d) - 1 SUTI'ELL & HAMMER, APC PO BOX C-90006; BELLEVUE, WA, 98009 888-788-8355/425-453-3239 FAX D Harris 1 2 3 4 5 6 7 Bank of America, N.A. Plaintiff, 8 v. 9 PRADEEP KUMAR 10 (hereinafter, the 'Vefendant"). 11 I, Angela Burton, hereby declare: Case No. DECLARATION IN SUPPORT OF APPLICATION FOR ENTRY OF JUDGMENT 12 1. I am over 18 years old and competent to make this Declaration. I am a custodian of records, authorized Officer, and employee of Plaintiff Bank of America, N.A. ("BANA"). I am 13 duly authorized to make this Declaration, and because of the scope of my job responsibilities, I am familiar with the manner and method by which Plaintiff maintains its normal business 14 books and records, including computer records of defaulted accounts. 15 2. BANA is a wholly-owned subsidiary of Bank of America Corporation and the successor-in- interest to FIA Card Services, N.A., formerly known as MBNA America Bank, N.A. ("FIA"). FIA 16 was merged into and under the charter and title of BANA effective October 1, 2014. 17 3. These books and records are made in the course of regularly conducted business activity: (1) at or near the time the events they purport to describe occurred, by a person with 18 knowledge of the acts and events, or (2) by a computer or other similar digital means, which contemporaneously records an event as it occurs. The contents of this declaration are true 19 and correct based upon my personal knowledge of the processes by which Plaintiff maintains 20 its business books and records, and my review of said records. 21 4. The books and records of Plaintiff show that the Defendant opened an account with BANA, or a predecessor in interest, for the purpose of obtaining an extension of credit (the "Account") 22 and did thereafter use or authorize the use of the Account for the acquisition of goods, services, or cash advances in accordance with the customer agreement ("Agreement") 23 governing use of the Account. Further, the Defendant has breached the Agreement by failing to make periodic payments as required thereby. 24 25 10: 112608107502 1 5. The books and records of Plaintiff show that the Defendant is currently indebted to Plaintiff on Account number :XXXXXXXXXXX1561 for the just and true sum of $14994.63, and that all 2 just and lawful offsets, payments, and credits have been allowed. The last payment to the Account occurred on 10/30/2019. The Agreement entered into between the Defendant and 3 the Plaintiff, or a predecessor in interest, also authorizes Plaintiff to recover reasonable costs, to the extent permitted by law, from Defendant. 4 6. Under California Code of Evidence § 1550 (a)(2), a true and accurate copy (save for any 5 marking made to redact certain information) of the last periodic statement generated prior to charge-off of the Account is attached hereto and incorporated herein by reference. Since the 6 date of charge-off, there have been credits, payments, or other adjustments in the net amount of $0.00, leaving a present balance of $14994.63 due, owing, and unpaid. The 7 aforementioned attachment to this Declaration was prepared in the ordinary course of 8 business. 9 7. I declare under the penalty of perjury under the laws of California that the foregoing is true and correct and if called as a witness I would competently testify, under oath, thereto. 10 11 Given under my hand on: 12 Dated: _A_P_R_2_8_2_0_21_ 13 Declarant Name (Printed) Angela Burton 14 Declarant Name (Signature) 15 Title of Declarant Officer 16 17 18 19 20 21 22 23 24 25 BANK OF AMERICA~~ P.O. BOX 15284 WILMINGTCN, DE 19850 PRADEEP KUMAR 1322 DANIEL CT MILPITAS CA 95035-3759 Account Summary Previous Balance Payments and Other Credits Purchases and Adjustments Fees Charged Interest Charged New Balance Total Total Credit Line Total Credit Available Cash Credit Line Portion of Credit Available for Cash Statement Closing Date Days in Billing Cycle 22 BANK OF AMERICA P.O. BOX 15019 WILMINGTON DE 19886-5019 PRADEEP KUMAR 1322 DANIEL CT MILPITAS CA 95035-3759 $14,798.90 $0.00 $0.00 $0.00 $195.73 $14,994.63 $13,000.00 $0.00 $4,030.00 $0.00 10/22/2020 30 Customer Service Information: www.bankofamerica.com 1.800.421.2110 TTY: 1.800.346.3178 Mail billing inquiries to: Bank of America P.O. Box 982234 El Paso TX 79998-2234 Mail payment to: Bank of America P.O. Box 15019 Wilmington DE 19886-5019 September 23 - October 22, 2020 Account# :1.56:1. Payment Information New Balance Total Current Payment Due Past Due Amount $14,994.63 $343.00 $2,523.00 Total Minimum Payment Due $2,866.00 Payment Due Date 11/19/2020 Late Payment Warning: If we do not receive your Total Minimum Payment by the date listed above, you may have to pay a late fee of up to $39.00 and your APRs may be increased up to the Penalty APR of 29.99%. Total Minimum Payment Warning: If you make only the Total Minimum Payment each period, you will pay more in interest and it will take you ion er to ay off our balance. For exam le: 'lt'cfsu in~k-e·~C!,~ar.nil6nal . ''fi:lii: I'~i.Y~if':t:fi~ i· ."'iAfl~:yot:J .~ui~nd. up / ,',, ~ ~'',~~~"''"'~i', 'ri8J~if),'ii,',', ,:,, ' ' ',', ''/''d''lr {i,' ',,, ,', ':' ,' ,'0;~ i t;:l1i3rges uslngthlscard'' .oalan. . . 'dn~hls paying an estimated 'f~~n1C(~~~~Jry§~~h,~~~,J?~Y ,i:~~~~temen~:ln,abb~,, ;'II:<>~ :r::'N,:1:;1;1 ,~tq~al 0(, Only the Total Minimum Payment 26 years $30,518.00 If you would like information about credit counseling services, call 866.300.5238. Account Number: New Balance Total Total Minimum Payment Due Payment Due Date Enter payment amount $ :1.56:1. For change of address/phone numbet; see reverse side. Make your payment online at www.bankofamerica.com or $14,994.63 $2,866.00 11/19/2020 Mail this coupon along with your check payable to: Bank of America PRADEEP KUMAR I Account# 1561 I September 23 - October 22, 2020 IMPORTANT INFORMATION ABOUT THIS ACCOUNT PAYING INTEREST - We will not charge interest on Purchases on the next statement if you pay the New Balance Total in full by the Payment Due Date, and you had paid in full by the previous Payment Due Date. We will begin charging interest on Balance Transfers and Cash Advances on the transaction date. TOTAL INTEREST CHARGE COMPUTATION- Interest Charges accrue and are compounded on a daily basis. To determine the Interest Charges, we multiply each Balance Subject to Interest Rate by its applicable Daily Periodic Rate and that result is multiplied by the number of days in the billing cycle. To determine the total Interest Charge for the billing cycle, we add the Periodic Rate Interest Charges together. A Daily Periodic Rate is calculated by dividing an Annual Percentage Rate by 365. HOW WE ALLOCATE YOUR PAYMENTS- Payments are allocated to posted balances. If your account has balan,:es with different APRs, we will allocate the amount of your payment equal to the Total Minimum Payment Due to the lowest APR balances first (including transactions made after this statement). Payment amounts in excess of your Total Minimum Payment Due will be applied to balances with higher APRs before balances with lower APRs. IMPORTANT INFORMATION ABOUT PAYMENTS BY PHONE- When using the optional Pay-by-Phone service, you authorize us to initiate an electronic payment from your account at the financial institution you designate. You must authorize the amount and timing of each payment. For your protection, we will ask for security information. A fee may apply for expedited service. To cancel, call us before the scheduled payment date. Same-day payments cannot be edited or canceled. YOUR CREDIT LINES - The Total Credit Line is the amount of credit available for the account; however, only a portion of that is available for Bank Cash Advances. The Cash Credit Line is that amount you have available for Bank Cash Advances. Generally, Bank Cash Advances consist of ATM Cash Advances, Over the Counter (OTC) Cash Advances. Same-Day Online Cash Advances, Overdraft Protection Cash Advances, Cash Equivalents, and applicable transaction fees. MISCELLANEOUS- Promotional Rate End Date: This date is based on a future statement closing date. If you change your payment due date, this date could change. The New Balance Total which appears on this statement is not a payoff amount and may be subject to additional interest charges when you pay in full after your statement closing date. Please contact the customer service number located on the front of this statement for a pay-off amount. Virtual cards are the digital form of your eligible physical credit cards stored within a digital wallet. 10 2020 Bank of America Corporation 004-000-000- G CALCULATION OF BALANCES SUBJECT TO INTEREST RATE Average Daily Balance Method (including new Purchases): We calculate separate Balances Subject to an Interest Rate for Purchases and for each Introductory or Promotional Offer balance consisting of Purchases. We do this by: (1) calculating a daily balance for each day in the billing cycle; (2) adding all the daily balances together; and (3) dividing the sum of the daily balances by the number of days in the billing cycle. To calculate the daily balance for each day In this statement's billing cycle, we: (1) take the beginning balance; (2) add an amount equal to the applicable Daily Periodic Rate multiplied by the previous day's daily balance; (3) add new Purchases, new Account Fees, and new Transaction Fees; and (4) subtract applicable payments and credits. If any daily balance is less than zero we treat it as zero. Average Balance Method (including new Balance Transfers and new Cash Advances): We calculate separate Balances Subject to an Interest Rate for Balance Transfers, Cash Advances, and for each Introductory or Promotional Offer balance consisting of Balance Transfers or Cash Advances. We do this by: (1) calculating a daily balance for each day in this statement's billing cycle; (2) calculating a daily balance for each day prior to this statement's billing cycle that had a "Pre-Cycle balance"- a Pre-Cycle balance is a Balance Transfer or a Cash Advance with a transaction date prior to this statement's billing cycle but with a posting date within this statement's billing cycle; (3) adding all the daily balances together; and (4) dividing the sum of the daily balances by the number of days in this statement's billing cycle. To calculate the daily balance for each day in this statement's billing cycle, we: (1) take the beginning balance; (2) add an amount equal to the applicable Daily Periodic Rate multiplied by the previous day's daily balance; (3) add new Balance Transfers, new Cash Advances and Transaction Fees; and (4) subtract applicable payments and credits. If any daily balance is less than zero we treat it as zero. To calculate a daily balance for each day prior to this statement's billing cycle that had a Pre-Cycle balance: (1) we take the beginning balance attributable solely to Pre-Cycle balance (which will be zero on the transaction date of the first Pre-Cycle balance); (2) add an amount equal to the applicable Daily Periodic Rate multiplied by the previous day's daily balance; (3) and add only the applicable Pre-Cycle balances and their related Transaction Fees. We exclude from this calculation all transactions posted in previous billing cycles. For the complete terms and conditions of your account. consult your Credit Card Agreement. This account is issued and administered by Bank of America. Bank of America is a registered trademark of Bank of America Corporation. PAYMENTS- We credit mailed payments as of the date received, if the payment is: (1) received by 5 p.m. local time at the address shown on the remittance portion of your monthly statement; (2) paid with a check drawn in U.S. dollars on a U.S. financial institution or a U.S. dollar money order; and (3) sent in the return envelope with only the remittance portion of your statement accompanying it Payments received by mail after 5 p.m. local time at the remittance address on any day induding the Payment Due Date, but that otherwise meet the above requirements, will be credited as of the next day. Payments made online or by phone will be credited as of the date of receipt if made by 5 p.m. Central. Credit for any other payments may be delayed up to five days. Cash payments made with our tellers will only be accepted with a valid identification (iD). No payment shall operate as an accord and satisfaction without the prior written approval of one of our Senior Officers. We process most payment checks electronically by using the information found on your chedk Each check authorizes us to create a one-time electronic funds transfer (or process it as a check or paper draft). Funds may be withdrawn from your account as soon as the same day we receive your payment Chedks are not returned to you. If you have authorized us to pay your credit card bill automatically from your savings or checking account with us, you can stop the payment on any amount you think is wrong. To stop payment, your letter must reach us at least three business days before the automatic payment Is scheduled to occur. Change of Address/Phone number: Online at www.bankofamerica.com Please do not add any written communication in this space. AB PRADEEP KUMAR I Account# 1 561 I September 23 - October 22, 2020 Transactions Transaction Posting Date Date Description 10/22 10/22 10/22 10/22 10/22 10/22 10/22 10/22 Interest Charged INTEREST CHARGED ON PURCHASES INTEREST CHARGED ON BALANCE TRANSFERS INTEREST CHARGED ON DIR DEP&CHK CASHADV INTEREST CHARGED ON BANK CASH ADVANCES TOTAL INTEREST CHARGED FOR THIS PERIOD Total fees chwrged in 2020 Total interest chwrged in 2020 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. Reference Number $195.00 $1,912.07 Type of Balance Annual Promotional Promotional Promotional Purchases Balance Transfers Direct Deposit and Check Cash Advances Bank Cash Advances Percentage Transaction Offer ID Rate Type 15.99%V 15.99%V 21.99%V 24.99%V APR Type Definitions Daily Interest Rate Type: V= Variable Rate (rate may vary) Important Messages Rate End Date Account Number Balance Subject to Interest Rate s 14,893.26 s 0.00 s 0.00 s 0.00 s s s s Amount 195.73 0.00 0.00 0.00 Interest Charges by Transaction Type 195.73 0.00 0.00 0.00 Total $195.73 You're il vwlued customer and we want you to know that we haven't received your current payment due. Plewse send your payment due today. If you've wlrewdy mailed it, thank you. Your stwtement bwlwnce exceeds the Total Credit Line. To ensure uninterrupted use of your account, plewse mwke il pwyment to bring your balance under the Total Credit Line. There Is no fee for being over your Totwl Credit Line. When this stwtement was created, the wccount's Credit Line was in a restricted stwtus and not available for use. Points ewrned Ciln expire if not redeemed within 60 months from the month ewrned. To view current point totwls Lind when points expire, visit bwnkofwmericw.com. Choose the credit Cilrd wccount related to this stwtement in Accounts Overview, then select the Rewards Tab and access the 'see expiration schedule' link for il full view of total points by month of expiration. Page 3 of 4 PRADEEP KUMAR I Account# 1561 I September 23 - October 22, 2020 Your Reward Summary .00 BASE EARNED THIS MONTH .00 TOTAL AVAILABLE Make the most of your rewards program today! What's on your mind? When you join the Ba~ of America• Advisory Panel. you can help us 1.11derstand what you like and don't like. Enter code CACC at bankofamerlca.com/AdvlsoryPanel to learn more and join. Inclusion on the Advisory Panel subject to qualifications_ SSI,q)6-2()-{)180.B2 I 3104142 Page 4 of 4
