CAPITAL ONE, N.A., VS LONNEISHA CHENIER

and interests that Discover Bank had prior to the merger, including but not limited to the rights in existing Discover Bank accounts and receivables, and is Discover Bank's successor-in-interest in any pending litigation and matters before any Federal or state court.

9. After allowing for all just and lawful offsets, credits, and payments on the credit account, the total balance due to Plaintiff by Defendant(s) on the Account is $7,596.19.

10. The Plaintiff has made demand upon the Defendant(s) for payment of the amount due and payable in full. The Defendant(s) have failed, neglected, and refused to pay the amount requested.

11. Plaintiff has performed all conditions precedent to the filing of this action or all such conditions precedent have been performed or have occurred.

12. Plaintiff is entitled to recover on an account stated claim because (1) transactions between the Plaintiff and Defendant(s) gave rise to the indebtedness, (2) there existed an agreement, express OF implied, between the Plaintiff and Defendant(s) which established the amount due to Plaintiff, and (3) the Defendant(s) promised to pay the Plaintiff on the indebtedness.

13. Plaintiff seeks damages on its liquidated claim in the amount of at least $7,596.19, which is within the jurisdictional limits of this court.

14. All conditions precedent to Plaintiff's claim for relief have been performed or have occurred.

15. The undersigned attorneys hereby give notice that they and Plaintiff are attempting to collect a debt and any information obtained will be used for that purpose. Plaintiff's attorneys are debt collectors.

COPY

16. For these reasons, Plaintiff asks that the court issue citation for Defendant to appear and answer, and that Plaintiff be awarded a judgment against Defendant for the following:

a. Actual damages in the amount of $7,596.19.

b. Post-judgment interest.

b. All other relief to which Plaintiff is entitled.

Respectfully submitted; RAUSCH STURM LLP ATTORNEYS IN THE PRACTICE OF DEBT COLLECTION By:

ATTORNEY CONTACT INFO: Paula Pitter Phone: E-mail:

PPH PAULA PITTER, SBN N. Dallas Parkway, Suite 350 Dallas TX Toll Free - TTY: 711 Fax - Dallas E-mail: LawfirmT) @rauschsturm.com ATTORNEY FOR PLAINTIFF

To the Defendant Pursuant to Rule 21, Texas Rules of Civil Procedure: Every pleading, plea, motion, or application to the court for an order, whether in the form of a motion, plea, or other form of request, unless presented during a hearing or trial, must be filed with the clerk of the court in writing, must state the grounds therefor, must set forth the relief or order sought, and at the same time a true copy must be served on all other parties, and must be noted on the docket.