Declaration CCP 1033Cal. Super. - 6th Dist.April 1, 2021Hunt & Henriques, Attorneys at Law Donald Sherrill, Esq, ¹266038 Donald Sherrill ¹266038 7017 Realm Dr. San Jose CA 95119 Telephone: (800) 680-2426 Facsimile: (408) 362-2299 Attorneys for Plaintiff 7I SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA SANTA CLARA SUPERIOR COURT DISTRICT - UNLIMITED CIVIL 10 Bank of America, N.A., Plaintiff, Case No, 21CV381450 DECLARATION OF COUNSEL RE: 12 vs, 13 CINDY D THOMPSON, 1. INTEREST 2. COSTS (CCP I) 1033) 3. ATTORNEY FEES R N Ql4 z~QBw tV 4ic Uz g 14 15 O 16 x 17 18 19 20 Defendant(s). I, the undersigned declare 1. I am an attorney at law duly licensed to practice before all courts in the state ofCalifornia and I am one of the attorneys of record for the Plaintiff in the above captioned matter. I am a duly authorized custodian of the business books and records of Hunt and Henriques, PlaintifFs counsel as they pertain to the captioned matter. 21 2. If called to testify as a witness, I could and would competently testify as to all the facts stated in 22 23 24 this declaration, except as to those matters testified to upon information and belief, and as to those matters, I believe them to be true. INTEREST 25 3. Plaintiff did not request pre-judgment interest in its complaint. 26 COSTS 27 4. Plaintiffcannot utilize Small Claims Court due to the volume ofdelinquent credit accounts that 28 Plaintiff pursues and the fact that judgments in Small Claims Court require a court appearance. Page 1 Declaration Regarding Interest Costs and Attorney Fees DJ I i DJ DR ICAF NI i LAB 1438062.001 Electronically Filed by Superior Court of CA, County of Santa Clara, on 8/10/2021 9:49 AM Reviewed By: A. Villanueva Case #21CV381450 Envelope: 7028892 21CV381450 Santa Clara - Civil A. Villanueva w R~ ~ ~ og Ul 4tc Uz ! co~ex 10 12 13 14 15 16 17 In order to file actions in Small Claims Court, Plaintiff would need to hire additional employees. Actions to recover the delinquent credit account balance are filed in the jurisdiction where the Defendant resides. Plaintiff's employees would need to travel throughout the state which would cause them to be out of the office on a regular basis and therefore unable to perform other job duties. CCP 5 116.540(b) states that a corporation may appear only through an employee who is employed for purposes other than solely representing the corporation in Small Claims Court. Therefore, proceeding in Small Claims Court is not practical. 5. The business books and records of Plaintiff's counsel show that prior to suit, Plaintiff's counsel sent a letter to Defendant informing Defendant ofPlaintiff s intent to initiate legal action against Defendant and that legal action could result in a judgment against the Defendant which could include costs to the extent permitted by law. The letter sent to Defendant was a form letter. The only specific account information in the letter was the Defendant's name, address, redacted account number and account balance. A true and correct copy of this letter has been printed and is attached as Exhibit A. ATTORNEY FEES 6. Plaintiff, through its counsel, hereby waives attorney fees, I declare under penalty of perjury under the laws of the State of California that the foregoing is 18 true and correct. Executed on August 9, 2021 in San Jose, California 19 20 21 22 DonaltISIterrill ¹266038 Hunt k Henriques Attorneys for Plaintiff 23 25 26 27 28 Declaration Regarding Interest Costs and Attorney FeesDJ1 jDJDRICAFNI ( LAB 1438062.001 DONALD SHERRILL HUNT & HENRIQUES ATTORNEYS AT LAW 7017 REALM DR SAN JOSE CA 95119-1321 TELEPHONE 800-680-2426 FACSIMILE 408-362-2299 TTY 800-735-2922 February 23, 2021 Re: NOTICE OF INTENT TO FILE SUIT AND INCUR COURT COSTS Creditor: Bank of America, N.A. Account number ending in: 0819 Balance due as of February 23, 2021: $29,457.46 Dear CINDY D THOMPSON: The purpose of this letter is to advise you that our firm intends to file suit against you on behalf of our client Bank of America in an attempt to collect the above identified debt. If a lawsuit is filed and our client prevails, the local court could enter judgment against you for the entire balance of your account. We also intend to seek to recover court costs on behalf of our client. This firm is a debt collector. The purpose of this letter is to collect a debt and any information obtained may be used for the purpose of collecting the debt. Very truly yours, Michael S. Hunt Janalie Henriques Hunt & Henriques Attorneys at Law The attorney whose signature appears above personally requested this letter be sent after he/she reviewed relevant portions of our file for the limited purpose of sending this letter. HUNT & HENRIQUES ATTORNEYS AT LAW 7017 REALM DR SAN JOSE CA 95119-1321 RETURN SERVICE REQUESTED hii" II I hllhhhjilhhili.ii.i.lib."IIIII'IIIII'I'I'Ihll CINDY D THOMPSON C/0 BEYOND FINANCE 85 SAM FONZO DR BEVERLY MA 01915-1069 DD00029N 6-SFHUHE10 PDNN8300200195 - 655625169 100390 1TN Firm File Number: 1438062.001
