Capital One Credit Card Lawsuit Sworn Affidavit in Support of Attorney's Fees

IN THE CIRCUIT COURT OF XXXXXXX COUNTY, XXXXXXX

CAPITAL ONE BANK (USA), N.A.
Plaintiff,

v.

XXXXX X. XXXXX AND XXXX, INC,
Defendants.

AFFIDAVIT OF C. VANCE MCBRAYER, JR.
IN SUPPORT OF ATTORNEY'S FEES REQUESTED



Before me, the undersigned Notary Public in and for said State and County, personally appeared. C. Vance McBrayer, Jr., and after being duly sworn under oath by me deposes and states as Follows;

I. I am an attorney licensed to practice m the State of Alabama. I make this Affidavit based
upon my personal knowledge of the facts herein set forth. I have been practicing law for a number of years, and am currently employed by the law firm of NATHAN & NATHAN, P.C.

2. Based on my personal knowledge, I know and hereby state that the law firm of NATHAN & NATHAN. P.C. serves as counsel for CAPITAL ONE BANK (USA), N.A., Plaintiff in this case, and the present action is a suit for Breach of Contract in that the Defendant(s) has defaulted under the terms of a Payment Agreement by failure to make proper payment. My practice is devoted to collection of disputed accounts. I know from personal knowledge what constitutes a reasonable fee for litigation of this nature.

3 Numerous unsuccessful efforts were made to resolve this matter without litigation. Such fruitless efforts lead to the instant litigation and it is likely that post-judgement action will be necessary to collect the judgment against the Defendant(s).

4 Based upon my review of the pleadings in this case, I know and hereby state that the attorney fee sought in this case, namely $3,6l8.I0 is both fair and reasonable under the circumstances.

FURTHER AFFIANT SAITH NOT.

C. Vance McBrayer, Jr. (MCB013)
Attorney for Plaintiff

SWORN TO AND SUBSCRIBED before me,
A Notary Public, in and for said County in said State, this 21st day of January, 2011.

Suzanne MacLeod
Notary Public