Smith, Brad

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Nicole Young Tuesday, May 29, 2012 9:13 AMBradley B. Smith

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Good morning,

Hope this helps. Best of luck with your trial.

Take care,Nicole

TRIAL QUESTIONS

1. Please state your name.

2. Where are you employed?

3. What is your current position?

4. Could your briefly describe your job functions to the Court?

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4. Are you familiar with the manner in which company records are prepared and maintained?

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3r. HJo-you hove a copy of the account documonts in front of you?'

2j>M/ouIcI you plujiju lui n lu pdgb* Iwu, and to verify that wo aro ail looking at the-same set of documents,would you pleaae identify it to ihe Court?

4. Were the account statements made at or near the time the time of the transactions appearing on them by,or from information transmitted by, a person with knowledge?

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7. Are account statements ACfc Company's business records, which are made and kept in the course ofregularly conducted business activity?

ijLo6u.tm;gydr^ r>vt4-iii.vi 4iif ;^8. AFg=tftese-account gtLiluiimiiLs Lruti ijtid cuirect cqpIqs of tho driqinals that CiMilftiQft'&jnailed to tneBefemJam? wje/>d ivuuic 0 '^ WLiU" ^

). Vnli^y nf1 rt n?r^I(nr^ ^ ^^ '10. What is the current status of the Defendant's account?

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11. When did the Default occur?

12. What did Plaintiff do as a result of the Default?

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13. After all charges, late fees and finance charges are added to the Defendant's account, what is the balancedue and owingi^^^kujOo a^Juj^

Your, honor I move to admit the account statements as Plaintiff's composite exhibit #1.

(If Defendant objects or says something completely irrelevant, "Your honor, at this point we have laid theproper foundation to have the account statements admitted under 90.803(6). ^Afkorinai.statement woro roccivcd is JuriiulUiHg4htnjefe'nd^rtl llidy ItiJ^lIfy to luiur.'')'

(If objection is based on lack of proper foundation be sure to question witness further on policy and procedureof Clientand also whether or not the policyor procedure was followed. "Are you familiar in the manner in.which Client maintains its account statements? And what is that procedure? Is there any reason to believethis procedure was not followed in this instance?"

FINANCE CHARGES fINTEREST)

1. Do your records reflect whether any finance charges have accumulated on the account since the date ofrharge ofP^

2. What is the amount of finance charges? is . t

(If the judge brings up usuryYour honor, the cardmember agreement is governed by the laws of ^which providesfor an open ended interest amount on credit card accounts, ifyou ^

would like i am prepared at this time to submit an additional memorandum of law regarding this issue.)

DISCREPANCIES/DISPUTES J|1. Do your records reflect that there were any disputes with regard to the balance or charges incurred on thecredit card?

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A. If the answer is Yes, follow up question:Howwere these discrepancies or disputes addressed?

2. Do your records reflect that anyof the statements mailed to the Defendant were returned to Capital One?

ATTORNEYS FEES

1. Referring to the terms and conditions, could you please tell this Court who is responsible for the costs oflegal expenses and attorney's fees. (The cardmember)

No further questions your honor, thank you.

1. Your honor, the cardmember agreement provides that attorney's fees could be taxed against theDefendant In the event of default. Plaintiff would suggest that a reasonable amount would be $700.00.

A. Be prepared to point to default provision allowing for attorney's fees to judge.Ex. Page 2, paragraph title DEFAULT AND TERMINATION OF AGREEMENT (last sentence)

* Ifwitness doesn't provide specificity in description and follow-up questions are needed, follow up withquestions about charges, payments, or other identifying information.

* Need to make sure witness identifies statement with specificity...ex. Specific charges, credits,obvious advertisements on statement.

Thank you for your time and consideration in this matter.

Regards,

Nicole D. Young, EsquireRubin & Debsld,P.A.P.O. Box 47718)acksonville, Florida 32247'office 800.733.0717facsimile 904.425.0906nraines@rubin-debski.com

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