On February 01, 2024 a
ANSWER
was filed
involving a dispute between
Wells Fargo Bank, N.A.,
and
Wesley R Prince,
for Other Matters - Consumer Credit (Card) Original Creditor Plaintiff
in the District Court of Orange County.
Preview
FILED: ORANGE COUNTY CLERK 03/27/2024 02:40 PM INDEX NO. EF000961-2024
MC 7 0#-4u COURT COUNTY OF 6tr Part:
NYSCEF DOC. NO. RECEIVED NYSCEF: 03/27/2024
o 64NK h1- A.
WRITTEN ANSWER
Plaintiff(s)
-against- CONSUMER CREDIT TRANSACTION
Defendant(s) index Number:&Foco%(-2M
ANSWER: (Check all that apply)
1. General Denial: Ideny the allegations in the Complaint.
SERVICE
2. D I did not receive a copy of the Summons and Complaint.
3. 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. I have paid all or part of the alleged debt. . .
·6. tdispute the amount of the debt.
7. I had no business dealings with Plaintiff (Plaintiff lacks standing). .
8. ¤ 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. O Plaintiff does not allege a debt collector's license ntimber in the Complaint (only for cases filed in New York
City, Buffalo and other municipalities requiring debt collectors to be licensed).
.10. O Statute of limitations (the time has passed to sue on this debt).
11 This debt has been discharged in bankruptcy.
12. The collateral (pWoperty) 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 enrichmerit (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 (appl.ies 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 countiés) you are not a resident of a town next to that city within the same
county). .
19-b. O SUFFOLK COUNTY: Lack of personal jurisdiction; the defeIdant 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 ( Jor k \ecu/e--
22. Q lease take notice that my only source of income is k 4 , which is exempt from collection.
tc>%P .
COUNTERCLAIM(S)
23. ¤ Counterclaim(s): $ Reason:
VERIFICATION
State of New Yor County of // ss: .
( §}ea 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 matters I believe the e true. .
Sworn t bef re e th's y of Of 20
Signature of Defendant S......
Notary Public Defendants
Address: Cy (p(5 PwtSer4N{
This case is scheduled to appear on the court calendar as follows:
DatelICHELLE BUTCHERirt: Room: Time: Both sides notified: Yes No
Notary PutHic, State of New York ucs-cc-3QevisedQ11/15)
Qualifiedin Oran e County
No.04BU00 1487
Commission EmpiresJuly 7,
1 of 1
Category
Other Matters - Consumer Credit (Card) Original Creditor Plaintiff
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Preview
FILED: ORANGE COUNTY CLERK 03/27/2024 02:40 PM INDEX NO. EF000961-2024 MC 7 0#-4u COURT COUNTY OF 6tr Part: NYSCEF DOC. NO. RECEIVED NYSCEF: 03/27/2024 o 64NK h1- A. WRITTEN ANSWER Plaintiff(s) -against- CONSUMER CREDIT TRANSACTION Defendant(s) index Number:&Foco%(-2M ANSWER: (Check all that apply) 1. General Denial: Ideny the allegations in the Complaint. SERVICE 2. D I did not receive a copy of the Summons and Complaint. 3. 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. I have paid all or part of the alleged debt. . . ·6. tdispute the amount of the debt. 7. I had no business dealings with Plaintiff (Plaintiff lacks standing). . 8. ¤ 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. O Plaintiff does not allege a debt collector's license ntimber in the Complaint (only for cases filed in New York City, Buffalo and other municipalities requiring debt collectors to be licensed). .10. O Statute of limitations (the time has passed to sue on this debt). 11 This debt has been discharged in bankruptcy. 12. The collateral (pWoperty) 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 enrichmerit (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 (appl.ies 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 countiés) you are not a resident of a town next to that city within the same county). . 19-b. O SUFFOLK COUNTY: Lack of personal jurisdiction; the defeIdant 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 ( Jor k \ecu/e-- 22. Q lease take notice that my only source of income is k 4 , which is exempt from collection. tc>%P . COUNTERCLAIM(S) 23. ¤ Counterclaim(s): $ Reason: VERIFICATION State of New Yor County of // ss: . ( §}ea 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 matters I believe the e true. . Sworn t bef re e th's y of Of 20 Signature of Defendant S...... Notary Public Defendants Address: Cy (p(5 PwtSer4N{ This case is scheduled to appear on the court calendar as follows: DatelICHELLE BUTCHERirt: Room: Time: Both sides notified: Yes No Notary PutHic, State of New York ucs-cc-3QevisedQ11/15) Qualifiedin Oran e County No.04BU00 1487 Commission EmpiresJuly 7, 1 of 1