ANSONIA-MILFORD J.D. SMALL CLAIMS SESSION
`AT MILFORD
`
`Our File No.
`
`1435406
`
`ce000006279580
`
`BANK OF AMERICA, N.A.
`
`~againat-
`
`ADRIENNE O REED
`
`Plaintiff,
`
`Defendant.
`
`Index No.
`
`COVER SHEET
`TO BE ATTACHED
`AFFIDAVIT OF MERIT
`
`

`

`The undersigned, being duly sworn, states that:
`
`AFFIDAVIT
`
`| am employed by Bank of America, N.A. as an officer of the bank
`1am over 19 years old and competent to make this Affidavit.
`L.
`and am duly authorized tomake this Affidavit. Bank of America, NLA. is a wholly-owned subsidiary of Bank ofAmerica Corporation and
`the successor-in-interest to FIA Card Services, N.A., formerly known as MBNA America Bank, N.A. (“FIA), FIA was merged into and under
`the charter and title of Bank ofAmerica, N.A. effective October 1, 2014. FIA and Bank ofAmerica, N.A. are collectively referred to herein
`as “BANA”.
`
`tam familiar with and have personal knowledge of the manner and method by which BANA maintains its normal business books
`2.
`and records, including computer records, and the methods by which such records are made. These books and records are kept by BANA
`in the course of regularly conducted business activity.
`it is BANA’s regular practice to make such books and records and these books and
`records are made:(i) at or nearthe time the events they purport to describe occurred, by or from information transmitted by a person
`with knowledge of the acts and events and a business duty to report, or (i) by a computeror other similar digital means, which
`contemporaneously andreliably records an eventas it occurs. The contents of this Affidavit related to the Defendant's accountaretrue
`and correct based upon mypersonal knowledge of the record keeping systems under which BANA maintainsits business books and
`records.
`
`The books and records of BANA show that Defendant, ADRIENNE O REED, obtained an accountwith BANA Or @ predecessorIn
`3.
`interest for the purpose of obtaining an extension of credit (the “Account”) and thereafter used or authorized the use of the Accountfor
`the acquisition ofgoods, services, balance transfers or cash advancesin accordance with the customer agreement (“Agreement’}
`governing use of the Account. Defendant breached the Agreementby failing to make periodic payments as required thereby.
`4,
`The account was opened on 05/27/2014. Defendant's current Account numberis XXOOKXXKXXXS130. As of the execution
`date ofthis Affidavit, Defendantis indebted to BANA on the Accountfor $4423.04, which includes pre-charge-off interest allowed under
`the Agreement. The Account charged-off on 04/30/2021. The last paymentposted to the Account on or about 04/20/2021. The
`Account ls not accruing post charge-off interest and all payments and credits have been applied.
`5.
`In accordance with federal regulations, monthly periodic statements reflecting the amount due on the Account have been
`provided to the Defendant. Attached heretois a true and correct copy of(1) the last periodic staternent provided to Defendant prior to
`charge-off of the Account(the “Last Statement") and (2) the most recent pre-charge-off periodic statementthatreflects a purchase
`transaction, service billed, payment {including a paymentthatlater returned as unsuccessful whether due to insufficient funds or
`otherwise), or balance transfer.if only one periodic statement(the Last Statement)is attached, then the most recent pre-charge-off
`activity on the Account {as described above} appearson the Last Statement. Based on BANA’s records, there are no unresolvedbilling
`disputes regarding the Account.
`.
`
`' declare underthe penalty of perjury thatthe foregolng Is true and correctand ifcalled as a witness | would competentlytestify,
`under oath, thereto.
`MAY 25 2072
`fic, Mean
`BethVReavis
`_,Officer
`
`DATE
`
`eee
`AFFIANT SIGNATURE
`
`AFFIANT NAME
`
`State of: NORTH CAROLINA County of: GUILFORD
`SIGNED and swornto (oraffirmed) before me, the undersigned Notary Public in and for the jurisdiction aforesaid, by
`
`ett95,
`~
`“4,
`oe ALGA1
`Bh arn Sxypsionsly,SAENNGrhfneeSe %
`
`
`G
`Notary Public
`2
`My Commission Expires:
`AUG 1 6 2026
`A
`1D: 007345514102
`
`% Bobs Be. F
`
`

`

`BANK OF AMERICA
`
`4
`‘
`
`‘“%
`
`P.0 BOX 18284
`VALMENGTON, OE 19850
`
`ADRIENNE 0 REEO
`262 OCEAN AVE
`WEST RAVEN CT 06516-7228
`
`Customer Service Information:
`www.bankofamertcacom
`1.800.427.2110
`Mail billing inquiries to:
`Bank of America
`P.O, Box 982234
`Et Paso TX 79998-2234
`Mail payment to:
`Bank of America
`P.O. Box 15019
`Wilmington DE 19886-5019
`
`March 2? - April 26 2021
`AccountIRS 6:30
`
`Account Summary
`Previous Balance
`Payments and Other Credits
`Purchases and Adjustments
`Fees Charged
`interest Charged
`New Balance Total
`
`$4,511.21
`~$175.00
`$0.00
`$6.00
`$86.83
`
`$4,423.04
`
`$3,500.00
`$a00
`$200.00
`
`PaymentInformation
`$4423.04
`New Balance Total
`$33000
`Current Payrnent Due
`$954.00
`Past Bue Amount
`$1,084.00
`Total Mintmum Payment Que
`05/23/2021
`Payment Due Date
`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
`Total Credit Line
`$39.00 and your APRs maybe Increased up to the Penalty APR of 29.99%,
`Total Credit Available
`Total Minimum Payment Waming: if you make only the Total Minimum
`Cash Credit Line
`Payment each period, you will pay morein interest and it will take you
`Pertion of Credit Avattable
`longer to pay off
`your balance. For example:
`far Cash
`$ac0
`
`Hfyoumaken adarisialfi
`04/26/2021
`Statement Closing Date
`3
`Days in Billing Cycle
`
`ad
`
`
`If you would ike Information about credit counseling services, cali
`866.300.5238.
`
`2aEES
`
`BANK OF AMERICA
`P.O. BOX 15019
`Account Number: (RSIES 6130
`
`eaeeeenmereeeametereee
`WILMINGTON DE 19886-S019
`
`New Balance Total
`Total Minimum Payment Due
`Payment Due Date
`
`$4,423.04
`$1,084.00
`05/23/2021
`
`ADRIENNE O REED
`Enter payment amount=¢
`262 OCEAN AVE
`WEST HAVEN CT 08516-7226
`
`for change ofaddess/phone number, sao reverse side.
`Atake you phymnent onling 8l www.benkofeneiica.com or
`Mall this eaupon along with your check payable to: Bank of America
`
`

`

`ADRIENNE O REED { Account «(RRB 5130 | March 27 - April 26 2021
`Od - 000 - 000 -G
`
`IMPORTANTINFORMATION ABOUT THIS ACCOUNT
`
`PAYING INTEREST- We will not charge interest on Purchases an the next
`statement If you pay the New Balance Total in full by the Payment Que Date,
`and you had paidin full by the previous Payment Oue Date. We will bagin
`charging interest on Balance Transfers and Cash Advances on the transaction
`date.
`
`TOTAL INTEREST CHARGE COMPUTATION- Interest Charges accrue and
`are compounded on 3 daity basis. Ta determine the Interest Charges, we
`multiply each Balance Subject to interest Rate byits applicable Dally Periodic
`Rate and that result {s muttipiled by the numberof days in thebilling cycle. To
`determine the total Interest Charge for the billing cycle, we add the Periodic
`Rate interest Charges together. A Dally Pettodic Rate ts calculated by dividing
`an Annual Percentage Rate by 365.
`HOW WE ALLOCATE YOUR PAYMENTS- Paymentsare allocated to
`posted balances.if your account has balances with different APRs, we will
`allocate the amount of your payment equal to the Total Mintmum Payment Due
`to the lowest APR balances first {Including transactions made afterthis
`Statement} Payment amounts In excess of your Total Minimum Payment Que
`will be applied to balances with higher APRs before balances wth lower APRs,
`WMPORTANT INFORMATION ABOUT PAYMENTS SY PHONE - When
`using the optional Pay-by-Phone service, you authorize us to Initlate an
`electronic payment from your account at the finanelal Instiuution you designate.
`You must authorize the amount and Uming of each payment. Far 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 ammount of credit
`available for the account; however, only a portion of that (s available for Bank
`Cash Advances. The Cash Credit Line is that amount you have available for
`Bank Cash Advances. Generaily, 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
`@ppiicable transaction fees,
`MISCELLANEOUS - Promotional Rate End Date: This date {s based ona
`future statement closing date. !f you change your payment due date, this date
`could change. The New Balance Total which appears on thls statement is not a
`payoff amount and may be subject to additional Interest charges when you pay
`in fuil after your statement closing dace. Please contact the customerservice
`numbertocated on the front of this statementfor a pay-off amount. Virtual
`cards are the digital form of your eligible physical credit cards stored within a
`digital wallet.
`
`© 2021 Bank af America Corporation
`
`CALCULATION OF BALANCES SUBJECT TO INTEREST RATE
`Average Dally Balance Methad {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 dally batances together: and (3) dividing the sum of the dally balances by
`the number of days In the billing cycle.
`Tocalculate the dally balance far each dayin this statement’s billing cycle, we:
`(1) take the beginning balance; {2) add an amount equal to the applicable Daity
`Periodic Rate multiplied by the prewous day's daily balance: (3} add new
`Purchases, new Account Fees, and new Transaction Fees; and (4) subtract
`applicable payments and credits. [f any dally balarice 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 Promottonal
`Offer balance consisting of Balance Transfers or Cash Advances. We da this by:
`(1) calculating a dally balance far each day In this statement’s billing cycle; (2)
`calculating a daily balance for each dayprior to this statement'sbilling cycle
`that had a “Pre-Cycle balance” - a Pre-Cycie balance (s a Balance Transfer or a
`Cash Advance with a transaction date prior to thls statement’s billing cycie but
`with a posting date within this statement’s billing cycle: (3) adding all the daily
`balances tagether; and (4) dividing the sum of the dally balances by the number
`af days In this statement's billing cycle.
`To calculate the dally balance for each day In this statement’sbilling cycle, we:
`(1) take the beginning balance:(2) add an amount equalto the applicable Dally
`Pertadic Rate multiplied by the previous day's dally balance; (3) add new
`Batance 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 priorto this statement’s bitiing 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-Cycte balance); {2} add an amount equal to the applicable Dally
`Perladic Rate multiplied by the previous day's dally balance; (3)and add anty
`the applicable Pre-Cycle balances and thelr related Transaction Fees. We
`exclude from this calculation af! transactions posted in previous billing cycles.
`
`For the camplete terms and conditions of your account, consule your Credit
`Card Agreement. This accountis issued and administered by Bank of America.
`Bank of America is a registered uademark of Bank of America Corporation.
`
`PAYMENTS- We crectt matled payments as of the date received, Hf the paymentts: (1) received by S p.m focal ime at the address shawn on che remittance partion of your
`monthly statement; (2} pald with a check drawn in U.S, dollars on 3 U.S. financial institution oc a US dollar money order; and (3} sent in the return envelope with only the remittance
`portion of your statement accompanying It. Payments recelved by mall after S pe. local time at the remittance address on any day Including the Payment Que Date,but that othenwisa
`met the above requirenients, WH be credited a5 of the next day, Payments made valine or
`other payments may be delayed up to five days. Cash payments made with our tellers wil by phone wail be credited ax of the date of recaipt if made by S p.m. Cental, Credit for any
`only be accepted with a valid identification (10).
`No payrnent shall operate as an accord and satisfaction without the prior written approval of one of our Senior Officers.
`We procass most payment checks electronically by using the Information found on your check Each check suthoriaes us to create a one-time electronic funds transfer for process It as a
`check or paper draft), Funds may be withdrawn from your account as soon as the same day wa receive your payment. Checks are not returned & you.
`tf you have authorized us to pay your credit card bilt automatically From your savings or checking account with us, you can stop the payment on any amount you think fs wrong. To stop
`payment, your letter must reach us at least three business days before the automatic paymentIs scheduled to occur.
`
`Change of Address/Phone number: Online at www.bankofamericacom
`
`Please do not add any written communication In this space.
`
`

`

`ADRIENNE O REED | Account »REIMMIRER S130 | March 27-Apel 26 2021
`
`Transactions
`Transaction Posting
`Date
`Oate
`
`03/31
`04/19
`
`3Ar
`04/20
`
`0426
`04/26
`04226
`0426
`
`04/26
`04/26
`04/726
`04/26
`
`Desceiption
`Payments and Other Credits
`In Imm Pyme Transfer
`PAYMENT- ELECTRONIC
`TOTAL PAYMENTS AND OTHER CREDITS FOR THIS PERIOD
`
`Reference
`Number
`
`9792
`0004
`
`Account
`Number
`
`$130
`5130
`
`interest Charged
`INTEREST CHARGED ON PURCHASES
`INTEREST CHARGED ON BALANCE TRANSFERS
`INTEREST CHARGED ON OIR DEP&CHK CASHADV
`INTEREST CHARGED ON BANK CASH ADVANCES
`TOTAL INTEREST CHARGED FOR THIS PERIOD
`
` 2021 Totals Year-to-Date |
`
`
`Total fees charged in 2021
`
`
`
`Total interest charged in 2621 $333.31
`
`$78.00
`
`Amount
`
`100.00
`-75.00
`
`663
`0.00
`aco
`aoa
`
`Totat
`
`~$175.00
`
`$86.83
`
`Interest Charge Calculation
`Your Annual Percentage Rate (APR} is the annualinterest rate on your account.
`Type of
`Annual
`Promotional
`Promotional
`Balance
`Percentage
`Transaction
`Offer 1D
`Rate
`Type
`
`Purchases
`Balance Transfers
`Direct Deposit and Check Cash
`Advances
`
`22.99%V
`2299%V
`22.99%V
`
`Promotional
`Rate End
`Oate
`
`Balance
`Subject to
`interest
`Rate
`
`Interest
`Charges by
`Transaction
`Type
`
`$
`$
`$
`
`444688
`goo.
`Q00
`
` §
`6$
`6§
`
`86.63
`00
`00
`
`aco
`§
`aoo
`s
`2499%V
`Bank Cash Advances
`
`
`
`
`
`emanatereentrantnettntreneeraninenttinnenner”serenaOO
`
`APR Type Definitions Qatly interest Rate Type: V= Varlable Rate (rate may vary}
`
`Page Jof 6
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`

`

`ADRIENNE OREED | Account »(RRRERBRE 5130 | March 27 - April 26 2021
`
`Important Messages
`You're a valued customer and we want you to know that we haven't received your current payment due. Please send your payment due
`today. If you've already matled tt, thank you.
`
`Your statement balance exceeds the Total Credit Line. To ensure uninterrupted use of your account, please make a payrnent to bring your
`balance under the Total Credit Line. There Is no fee for being over your Total Credit Line.
`
`Whenthis staternent was created, the account's Credit Line was ina restricted status and not avatlable for use.
`
`Please read about important amendment(s) to your Credit Card Agreement and/or notices for your account on the enclosed
`Important information page.
`
`Your Reward Summary
`60 BASE EARNED THIS MONTH
`GO TOTAL AVAILABLE
`
`Make the most of your
`rewards program today!
`
`Additional Information
`
`Together, we can Identify and resalve fraud events. Visit the Security Center at bankofamerica.comvSecurity te learn haw you can help
`prevent fraud and recognize the commen redflags for scams.
`
`Page dof 6
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`

`

`ADRIENNE OREED | Account «RRMMMBMRME S130 | March 27 - April 26 2021
`
`that may impact you.
`
`Important Information
`
`Please read the information below to ad eae about Gouce elas)S19 Ce pokeLL
`
`Enclosed for your review Is the annual Privacy notice Insert, which Is also available in Mobile and Online Banking.
`
`Weare changing some termsof your Credit Card Agreement.
`The amendment to your Credit Card AgreementIs outlined below. All other terms of your current Credit Card Agreementstill
`apply.If there is a conflict, the terms in thls amendmentare in effect. Please keep this document for your records.
`
`We are making this amendment becauseof a change In our business practices.
`
`What you need to know
`
`In the section titled Transactions Mode In Foreign Currencies, we've added languageclarifying the
`currency conversion rates used by Visa and Mastercard. Below Is the updated section.
`
`TRANSACTIONS MADE IN FOREIGN CURRENCIES
`if you make a transaction In a foreign currency, the transaction will be converted by Visa Internatlonal or
`Mastercard international, depending on which card Is associated with thls account, Into a U.S. dollar amount tn
`accordance with the operating regulations or conversion procedures In effect at the time the transaction ts
`processed. The currericy conversion rate used by Visa Is either (a) a rate selected by Visa from the range of
`rates avallable In wholesale currency markets for the applicable processing date, which rate may vary from the
`rate Visa receives; or (b) the rate mandated by a government or governing body In effect for the applicable
`processing date. The currency conversion rate for Mastercard Is based on (a) rates observed in the wholesale
`market or (b) government-mandated rates, where applicable, for the transaction date or the processing date.
`The currency conversion rate in effect on the processing date may differ from the rate in effect on the
`transaction date or posting date.
`
`In the sectlon titled Telephone Calls: Calling, Monitoring and Recording, we've added language
`clarifying the terms of your consent to calling, monitoring, and recording. Below Is the updated
`section.
`
`TELEPHONE CALLS: CALLING, MONITORING AND RECORDING
`
`You consent to and authorize Bank of America, any ofIts affiliates, Its marketing associates, and independent
`contractors, including servicers, vendors, and collection agents, ta monitor and/or record any of your telephone
`conversations and other electronic communications with our representatives or the representatives of any of
`those companies for reasonable business purposes Including security and quality assurance. We will not remind
`you that we may be monitoring or recording a call at the outset of the call unless required by law to do so.
`
`Where you have provided a cell phone number directly to us, you consent and agree to accept servicingcalls
`and text messages to your cell phone from us. For example, we may place calls to you about fraud alerts or
`amounts you owe us (collection calis) on your account. For any telephone or cell phone calls/communications
`we place to you, you consent and agree that those calls may be automatically dialed including prerecorded
`messagesor texts. This may include communications from companies working on our behalf to service your
`account. Message and data rates may apply.
`
`Page S of &
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`

`

`ADRIENNE OREED | Account «(RRSBREMI S130 | March 27 - April 26 2021
`
`Communication Revocation:if you do not want to recelve automatically dlaled communications for thts
`account, Including prerecorded messages or texts, as described above, you must (1) provide us with written
`notice revoking your prior consent; and (2) in that written notice, Include your name and mailing address as
`they appear on the account, and the last four digits of your account number. The notice must be sent to the
`address listed below.
`
`Bank of America
`PO Box 982236
`E! Paso, TX 79998-2236
`
`EQUAL CREDIT OPPORTUNITY ACT NOTICE
`The federal Equa! Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of
`race, color, religion, national origin, sex, marital status, age (provided the applicant has the capacity to enterinto a
`binding contract): becauseall or part of the appticant’s Income derives from any public assistance program; or because
`the applicant has in good falth exercised any right under the Consumer Credit Protection Act. The federal agency that
`administers compliance with this law conceming Bank of America, N.A, 100 N. Tryon Street, Charlotte, NC 28255,is the
`Bureau of Consumer Financlat Protection, 1700 G Street NW, Washington, DC 20006.
`
`Page 6 of €
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