On February 23, 2024 a
Answer
was filed
involving a dispute between
Bank Of America, N.A.,
and
Lisa Drake,
for Other Matters - Consumer Credit (Card) Original Creditor Plaintiff
in the District Court of Sullivan County.
Preview
FILED: SULLIVAN COUNTY CLERK 03/28/2024 04:53 PM INDEX NO. E2024-318
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/28/2024
Supreme COURT COUNTY OF Sullivan 3 Part:
Bank of America, N.A.
WRITTEN ANSWER
Plaintiff(s)
-against- CONSUMER CREDIT TRANSACTION
Lisa Drake ,
Defendant(s) Index Number: E2024-318
ANSWER: (Check all that apply)
1. O General Denial: I deny the allegations in the Complaint.
SERVICE
2. I did not receive a copy of the Summons and Complaint.
3. O I received the Summons and Complaint, but service was not correct as required by law.
DEFENSES
4. ¤ It is not my debt. I am a victim of identity theft or mistaken identity.
5. O I have paid all or part of the alleged debt.
6. I dispute the amount of the debt.
7. I had no business dealings with Plaintiff (Plaintiff lacks standing).
8. O There is no record of plaintiff having a license to collect debt (only for cases filed in New York City, Buffalo and
other municipalities requiring debt collectors to be licensed).
9. Plaintiff does not allege a debt collector's license number in the Complaint (only for cases filed in New York
City, Buffalo and other municipalities requiring debt collectors to be licensed).
10. Statute of limitations (the time has passed to sue on this debt).
11. This debt has been discharged in bankruptcy.
12. The collateral (property) was not sold at a commercially reasonable price.
13. Failure to provide proper notice before selling collateral (property).
14. Failure to mitigate damages (Plaintiff did not take reasonable steps to limit damages).
15. Unjust enrichment (the amount demanded is excessive compared with the original debt).
16. Violation of the duty of good faith and fair dealing.
17. Unconscionability (the contract is unfair).
18. Laches (plaintiff has excessively delayed in bringing this lawsuit to my disadvantage).
19-a. OUTSIDE OF NEW YORK CITY ONLY: Lack of personal jurisdiction under Uniform City Court Act § 213 (applies if
you do not work in the city where the case was filed and you are not a resident of that city or (for all counties
except Westchester and Nassau counties) you are not a resident of a town next to that city within the same
county).
19-b. SUFFOLK COUNTY: Lack of personal jurisdiction; the defendant is not a resident and/or was not served in, or
there was no transaction of business in, that portion of Suffolk County for which a District Court has been
established (Towns of Huntington, Babylon, Islip, Smithtown and Brookhaven).
20. Defendant is in the military.
OTHER
21. Other Reasons See attached
22. O Please take notice that my only source of income is , which is exempt from collection.
COUNTERCLAIM(S)
23. O Counterclaim(s): $ Reason:
VERIFICATION
State of Ne rk of
ounty \NDQ ss:
Q : I , being duly sworn, deposes and says: I have read the Answer in Writing and know
the contents to be true from my own knowledge, except as to those matters stated on information and belief, and as to
those ma ers I lieve them to be true. --.
S o n t bef e e this day , 2
úú rgnature of Defendant
ANNMARY HALLE No Publi Defendants
of:
Notary Public, State Ne Address:
NYS Reg. No. 01HA6093657
QTAlitricasti isussitedoted pear on the court calendar as follows:
Comreg(Qon Expires June 9, 9 . Room: Time: Both sides notified: Yes No
UCS-CC-ÛevisedQ11/15)
1 of 2
FILED: SULLIVAN COUNTY CLERK 03/28/2024 04:53 PM INDEX NO. E2024-318
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/28/2024
Supreme Court of the State of New York
County of Sullivan
My name is Lisa Phillips. i received a Consumer Credit Transaction Summons and Complaint on March
21, 2024, served to me in person by a State Trooper who went to my ex's house (my old address) looking
for me. This Summons and Complaint indicates a request for a judgement be entered against me for not
responding to the initial summons which I never received. I was in a very bad situation with my
daughter's father, including financially abusive, which is how I incurred this significant debt after years of
being a dependable customer of Bank of America. We were living together from 5/2022 until 1/2024,
our daughter was born 11/2022. Finances became unmanageable in this situation, and I was no longer
able to afford minimum payments. After a month or two, the interest accrued became a debt I was not
able to get out of, which continued until an additional $2200 was accrued in interest and the amount
billed continued to grow significantly. I reached out to a debt consolidation agency thinking that I was
doing everything I could to attempt to resolve my debt. Until receiving the summons, I was under the
belief that the agency I am working with was still working with Bank of America.
The name on the summons is Lisa Drake. This was my previous married name. I am legally divorced, and
my name changed back to Lisa Phillips. When I finally got my daughter and I out of this terrible situation
and moved into our own apartment in on 1/1/2024, I only put in to forward mail/change my address at
USPS for Lisa Phillips. I was not aware that I needed to add an additional request to forward mail under
my previous name of Lisa Drake, which I have since this matter occurred and I learned that. Therefore, I
did not receive the initial summons. If I had received it, I would have answered it. On 3/20/24, I have text
messages from my ex after he called to notify me that a police officer was looking for me to serve me
papers and wanted me to know that he had given them my new address. It was then that he informed
me that he had mail for me at his house and that it looked like something was from an attorney. I
apologize for going into such detail, but I felt it was relevant in describing the situation that contributed
to my not answering the initial summons. Please take this into consideration and consider denying the
request for a judgement against me. If you have any questions or need additional information, please
contact me at 518-982-9116. Thank you in advance for your time.
Lisa Phillips
swomen.ns.m.m- ST
.20
day
ANNMARY HALLEN
Notary Public, State of New York
NYS Reg. No. 01HA6093657
Qualified in Sullivan
County
Commission Expires June 9, 20
2 of 2
Document Filed Date
March 28, 2024
Case Filing Date
February 23, 2024
Category
Other Matters - Consumer Credit (Card) Original Creditor Plaintiff
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Preview
FILED: SULLIVAN COUNTY CLERK 03/28/2024 04:53 PM INDEX NO. E2024-318 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/28/2024 Supreme COURT COUNTY OF Sullivan 3 Part: Bank of America, N.A. WRITTEN ANSWER Plaintiff(s) -against- CONSUMER CREDIT TRANSACTION Lisa Drake , Defendant(s) Index Number: E2024-318 ANSWER: (Check all that apply) 1. O General Denial: I deny the allegations in the Complaint. SERVICE 2. I did not receive a copy of the Summons and Complaint. 3. O I received the Summons and Complaint, but service was not correct as required by law. DEFENSES 4. ¤ It is not my debt. I am a victim of identity theft or mistaken identity. 5. O I have paid all or part of the alleged debt. 6. I dispute the amount of the debt. 7. I had no business dealings with Plaintiff (Plaintiff lacks standing). 8. O There is no record of plaintiff having a license to collect debt (only for cases filed in New York City, Buffalo and other municipalities requiring debt collectors to be licensed). 9. Plaintiff does not allege a debt collector's license number in the Complaint (only for cases filed in New York City, Buffalo and other municipalities requiring debt collectors to be licensed). 10. Statute of limitations (the time has passed to sue on this debt). 11. This debt has been discharged in bankruptcy. 12. The collateral (property) was not sold at a commercially reasonable price. 13. Failure to provide proper notice before selling collateral (property). 14. Failure to mitigate damages (Plaintiff did not take reasonable steps to limit damages). 15. Unjust enrichment (the amount demanded is excessive compared with the original debt). 16. Violation of the duty of good faith and fair dealing. 17. Unconscionability (the contract is unfair). 18. Laches (plaintiff has excessively delayed in bringing this lawsuit to my disadvantage). 19-a. OUTSIDE OF NEW YORK CITY ONLY: Lack of personal jurisdiction under Uniform City Court Act § 213 (applies if you do not work in the city where the case was filed and you are not a resident of that city or (for all counties except Westchester and Nassau counties) you are not a resident of a town next to that city within the same county). 19-b. SUFFOLK COUNTY: Lack of personal jurisdiction; the defendant is not a resident and/or was not served in, or there was no transaction of business in, that portion of Suffolk County for which a District Court has been established (Towns of Huntington, Babylon, Islip, Smithtown and Brookhaven). 20. Defendant is in the military. OTHER 21. Other Reasons See attached 22. O Please take notice that my only source of income is , which is exempt from collection. COUNTERCLAIM(S) 23. O Counterclaim(s): $ Reason: VERIFICATION State of Ne rk of ounty \NDQ ss: Q : I , being duly sworn, deposes and says: I have read the Answer in Writing and know the contents to be true from my own knowledge, except as to those matters stated on information and belief, and as to those ma ers I lieve them to be true. --. S o n t bef e e this day , 2 úú rgnature of Defendant ANNMARY HALLE No Publi Defendants of: Notary Public, State Ne Address: NYS Reg. No. 01HA6093657 QTAlitricasti isussitedoted pear on the court calendar as follows: Comreg(Qon Expires June 9, 9 . Room: Time: Both sides notified: Yes No UCS-CC-ÛevisedQ11/15) 1 of 2 FILED: SULLIVAN COUNTY CLERK 03/28/2024 04:53 PM INDEX NO. E2024-318 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/28/2024 Supreme Court of the State of New York County of Sullivan My name is Lisa Phillips. i received a Consumer Credit Transaction Summons and Complaint on March 21, 2024, served to me in person by a State Trooper who went to my ex's house (my old address) looking for me. This Summons and Complaint indicates a request for a judgement be entered against me for not responding to the initial summons which I never received. I was in a very bad situation with my daughter's father, including financially abusive, which is how I incurred this significant debt after years of being a dependable customer of Bank of America. We were living together from 5/2022 until 1/2024, our daughter was born 11/2022. Finances became unmanageable in this situation, and I was no longer able to afford minimum payments. After a month or two, the interest accrued became a debt I was not able to get out of, which continued until an additional $2200 was accrued in interest and the amount billed continued to grow significantly. I reached out to a debt consolidation agency thinking that I was doing everything I could to attempt to resolve my debt. Until receiving the summons, I was under the belief that the agency I am working with was still working with Bank of America. The name on the summons is Lisa Drake. This was my previous married name. I am legally divorced, and my name changed back to Lisa Phillips. When I finally got my daughter and I out of this terrible situation and moved into our own apartment in on 1/1/2024, I only put in to forward mail/change my address at USPS for Lisa Phillips. I was not aware that I needed to add an additional request to forward mail under my previous name of Lisa Drake, which I have since this matter occurred and I learned that. Therefore, I did not receive the initial summons. If I had received it, I would have answered it. On 3/20/24, I have text messages from my ex after he called to notify me that a police officer was looking for me to serve me papers and wanted me to know that he had given them my new address. It was then that he informed me that he had mail for me at his house and that it looked like something was from an attorney. I apologize for going into such detail, but I felt it was relevant in describing the situation that contributed to my not answering the initial summons. Please take this into consideration and consider denying the request for a judgement against me. If you have any questions or need additional information, please contact me at 518-982-9116. Thank you in advance for your time. Lisa Phillips swomen.ns.m.m- ST .20 day ANNMARY HALLEN Notary Public, State of New York NYS Reg. No. 01HA6093657 Qualified in Sullivan County Commission Expires June 9, 20 2 of 2