Capital One Credit Card Lawsuit Sworn Affidavit - Margaret Parton

CAPITAL ONE BANK (USA), Na.,
Plaintiff,

v.

XXXXX X. XXXXX,
Defendant(s)




AFFADAVIT

The undersigned, being duly sworn, makes the following oath:

l. 1 am over 18 years old and competent to make this affidavit. l am a Litigation
Support Representative and an authorized agent of Plaintiff CAPITAL ONE BANK (USA),
N.A. ("Capital One") for purposes of this affidavit. I am duly authorized to make this affidavit,
and because of the scope of my job responsibilities, I am familiar with the manner and method
by which Capital One maintains its normal business books and records, including computer
records of defaulted accounts

2. 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
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 affidavit are believed to
he true and correct based upon my personal knowledge of the processes by which Capital One
maintains its business books and records.

3. The books and records of Capital One show that Defendant(s) opened an account
with Capital One for the purpose of obtaining an extension of credit. The aforementioned
records show Capital One issued a credit card to XXXXX X. XXXXX with account number
xxxxxxxxxxxx1852. Defendant thereafter retained the card and used or authorized the use of the
account for the acquisition of goods, services, or cash advances in accordance with the Customer
Agreement governing use of that account, Further, Defendant(s) has/have breached the
Agreement by tailing to make periodic payments as required thereby.

4, The books and records of Capital One show that Defendant(s) is/are currently
indebted to Capital One on account number xxxxxxxxxxxx1852 for the just and true sum of
$27054.41 as of 10/05/2010, plus interest accruing From said date at an annual percentage rate in accordance with the Customer Agreement. currently 29.40%, and that all offsets, payments, and credits have been allowed. The Customer Agreement entered into between the parties also authorizes Capital One to recover from Defendant(s) reasonable attorneys' fees and costs to the extent permitted by law.

5. I declare under the penalty of perjury that the foregoing is true and correct and if called as a witness I would competently testify, under oath, thereto.
Given under my hand on

10/13/10 Margaret Parton

County of Chesterfield, to wit:
Commonwealth of Virginia

SUBSCRIBED AND SWORN TO BEFORE ME, THE UNDERSIGNED Notary Public in and for the jurisdiction aforesaid, by Margaret Parton, who acknowledged before me his/her signature to the foregoing Affidavit.

Given under my hand and this seal the 13th day of October, 2010

Barbara S. Edwards, Notary Public

N00000036142650
78954385
A337

Nathan & Nathan, P. C.