Preview
SMALL CLAIMS WRIT STATE OF CONNECTICUT
This form is available
wa si in other language(s) SUPERIOR COURT
G.G.8. §§ 51-15, 51-345(q) T-11342 SMALL CLAIMS SESSION
www jud.ct.gov
Type or print legibly. This Smait Claims Writ and Notice of Suit must be served on (delivered to}
the defendant(s) before filing it with the court, See instructions to Plaintiff on reverse.
1.) Location information that will determine where the trial will be: 2.) Case type code (See /ist on reverse page 1)
Torrington CT 06790-5232 Major: S Minor: 15
3.} Is this a claim between a landlord and a tenant (renter)? | 4.) If you answered "Yes" to question #3, state the town where the rental premises is located:
(Select one) Yes x] No
Parties | Name (Last, First, Middfe Initial) and Address of Each Party (Number; Street; P.O. Box; Town; State; Zip; Country, if not USA)
5, First adarocs a0 cA INO De LA REA SU e100, SAN DIEGO, CA 92108 (Selestone) [] tLe [[] Partnership Jp 9,
Plaintiff ress: Ma » SUl . Citnaividual [] 0BA Ly Corporation
Telephone:
6.) Name, address, and zip code of Attomey for Plaintif(s) Attorney's Juris Number | Telephone number (w/area code)
London & London, 48 Christian Lane, Newington, CT 06111 406548 860-666-4500
is Name: KAYLA BEYUS ‘Select one i
7) First Address: 179 Peat! St Apt I Torrington CT 06790-8232 (Selectone) [J LLC L] Partnership |, 44
Defendant {X] Individual DBA Corporation
Telephone:
For more than 1 plaintiffidefendant, attach Continuation of Parties (farm JD-CV-67) and select this box.
8.) If this claim is a consumer debt, which is a debt or obligation made primarily for personal, family, or household reasons, give the reasons why you believe
that the statute of limitations has not expired.
This action has been initiated timely based upon the Defendant’s Jast payment and/or purchase on the account
and/or the account has charged off within the last six years,
9.) How did you check in the last 6 months that the address given for defendant(s) is accurate?
Select all boxes that apply and provide the dates that the address was checked.
[“] | checked town or city records (for example, checking a street list or tax records) (date checked)
(7 I checked with the Department of Motor Vehicles (date checked)
Oo I received correspondence (letters or other mail) from the defendant with that return address (date checked)
(J received other proof from the defendant that the address is current
(Gra dite checked)
x!
1 mailed by first class mail, at least 4 weeks before this small claims action was filed, a letter to the defendant at the
address used and the letter has not been retumed to me by the United States Postal Service june 9. 202 flast dato checked
for retumed latter)
40. Amount claimed* Plus Cost: Plus pre-judgment interest**
$1,117.04 Us GOsts [7] Plus double damages for security deposit withheld*
*The Amount Claimed may not be more than $5,000, Do not include amounts “*if you select one or more boxes, you MUST explain
for pre-judgment interest or doubling the security deposit in box 10. how much you want for each item in section 11 below.
To Defendant(s):
11.) You are being sued. The Plaintiff(s) claims you owe the above amount plus costs and prejudgment interest and/or double damages for a withheld
security deposit (if selcted) for the following reasons:
Retail Consumer Debt. See attached “Explanation of Amount Claimed.”
Dominica Agnes Zdonek
Notary Public
State of Connecticut
My Commission Expires: 07/31/2024
The person signing below, being duly swom, states that he or she has read the claim above and the information contained in this form and, to the best of his
or her knowledge, information and beli #s-good ground to support the claim and the information is true.
12.) Signed Type in name of person signing at leit and title, if applicable[ For Court Use ‘Only (Date/Stamp)
Richard Terry, Attofne\ for the Plaintiff
Subscribed and Date | Signed ¢6rerk, Na Yeris
swom tobeforemeon June 2, 2021
ADA NOTICE
The Judicial Branch of the State of Connecticut complies with the Americans with
Disabilities Act (ADA). If you need a reasonable accommodation in accordance with the Docket Number
ADA, contact a court clerk or an ADA contact person listed at wwwjud.cf.gov/ADA.SUPERIOR COURT
MIDLAND CREDIT MANAGEMENT, INC. : JUDICIAL DISTRICT OF
: LITCHFIELD
VS. : AT TORRINGTON
KAYLA BEYUS : JUNE 2, 2021
Explanation of Amount Claimed
STATE OF CONNECTICUT
} ss. Newington
COUNTY OF HARTFORD }
The Plaintiff has acquired the Defendant's Comenity Capital Bank account, currently
identified under account number **************0821. The Defendant used the credit issued
under the account. The Plaintiff and/or its predecessor(s)-in-interest, provided the
Defendant periodic account statements setting forth the balance due, which statements the
Defendant received and held without raising any timely objection. The account has
become delinquent and despite demand, the charge-off balance of $1,117.04 remains due
and owing to the Plaintiff as evidenced by the attached Affidavit of Debt, Chain of Title
documents, and Account Documents. Plaintiff seeks judgment for the claimed amount and
costs of action. The Plaintiff further moves that an Order for nominal weekly payments be
entered and that Post-Judgment Statutory Interest be also granted in accordance with
Connecticut General Statutes Sections 52-356d(c) and 37-3a.
Dated at Newington, Connecticut, this the 2" day of June 2021.
Richatg Terry
for the Plaintiff
Subscribed and sworn to before
me on this the 2" da 2021.
Dominica Agnes Zgnek
Notary Public
State of Connecticut
My Commission Expires: 07/31/2024
21-11342
London & London @ Attorneys at Law
48 Christian Lane @ Newington, CT 06141 @ (860) 666-4500 ¢ JURIS No, 406548INSTRUCTIONS TO DEFENDANT
STATE OF CONNECTICUT
(NOTICE TO FERSON BEING SUED} SUPERIOR COURT
www jud.ct.gov
Please read the instructions carefully.
For more information, get a copy of How Small Claims Court Works (form JDP-CV-45) from a Clerk's Office, Court
Service Center or on the Judicial Branch website, at www. jud. ct. gov/publications/CV045.
You may also find information on the Small Claims Frequently Asked Questions page on the Judicial Branch website at
www .jud. ct gov/fag/smaliclaims.htmi or by contacting the clerk's office or a Court Service Center.
What is the Smaff Claims Writ and Notice of Suit (form JD-CV-40) that | have received?
The person suing you (called the plaintiff) has delivered to you (served on you) a copy of the Smal! Claims Writ and
Notice of Suit (form JD-CV-40) and any documents related to your case. The Small Claims Writ and Notice of Suit
contains the plaintiff's complaint, which explains how much money the plaintiff claims you owe them and the reasons
why the they think you owe them.
How do | defend my case?
In order to respond to the plaintiff's complaint, you must complete an Answer form and return it to court. The court will
send you an Answer form, The Answer form will tell you the court house where you must return the form and the
date by which you must return it,
You should receive an Answer form within six (6) weeks, but if you do not, call the clerk's office to ask why you have
not received it yet. Do not file a response until you receive an Answer form,
The Answer form contains an Answer section, where you respond to the plaintiff's claims, and a Counterclaim section,
where you can make claims against the plaintiff. The Answer section must be completed. It is up to you whether you
complete the Counterclaim. There is a fee for filing a counterclaim, which is discussed below.
How do | respond to the plaintiff's claims? - Filing an Answer
The Answer is your chance to respond or reply to the plaintiff's claim. You may admit or deny all or part of the plaintiff's
claim. Your Answer should be specific, but brief. Complete the form and sign it. Keep a copy for yourself and send a
copy to each attorney or other representative of the plaintiff or, if the plaintiff is representing themselves, send a copy
to the plaintiff. if you are not filing a Counterclaim, send the original Answer form to the court at the address listed on
the form by mail, fax or hand delivery. The court must receive your Answer form on or before the Answer Date. If
you are filing a Counterclaim, see the discussion on Counterclaims, below.
What if | know I owe the plaintiff some money?
If you know you owe the plaintiff something, but do not agree on the amount in the claim or are not sure how much you
owe, you should file an Answer. This gives you a chance to come to court for a hearing (also called a trial) to question
how the plaintiff added up the amount claim or to say why you think the amount should be different.
What if | admit that | owe the plaintiff all of the money they are asking for but want time to pay?
If you are sure that you owe the entire amount claimed by the plaintiff but want or need more time to pay, you may say
this on the Answer form and file it with the court. You may ask for a period of time during which you can make
payments in an amount that you suggest. If you ask for more time, but do net ask for a specific time period or amount,
the court will enter a judgment with an order of payments of $35 each week until the judgment is paid. If you ask to pay
less than $35 per week, and the plaintiff does not agree, a hearing will be scheduled. A judgment against a business
and a judgment against a landlord for return of a security deposit will be ordered to be paid in a lump sum.
What ff | pay the full amount plus costs, if any, before the Answer Date?
lf you pay the plaintiff, plaintiff's representative, or plaintiff's attorney the full amount of the claim plus costs, if any,
before the Answer Date, you should say that on the Answer form and file it with the court.
Do not send payment(s) to the Court.
What should | do if the plaintiff owes me money? - Filing a Counterclaim
If you claim that the plaintiff owes you money, you may wish to file a Counterclaim. First, you should comptete the
Answer portion of the Answer form. Then you may complete the Counterclaim section of the Answer form. In that
section, explain why you think the plaintiff owes you money and how much money you claim the plaintiff owes you.
When you have completed the form, sign it. Keep a copy for yourself and send a copy to each attorney or other
Tepresentative of the plaintiff or, if the plaintiff is representing themselves, send a copy to the plaintiff. Send the original
Answer form to the court at the address listed on the form by mail or hand delivery along with a filing fee of $95. The
court must receive your answer form on or before the answer date. You cannot fax a Counterclaim and Its
filing fee to the court.What happens if I do not file.an Answer?
If you do not file an Answer in writing with the court, a money judgment may be entered against you. This is called a
default judgment. After the Answer Date has passed, your case will be reviewed by a Magistrate, who will decide
whether a judgment should enter without a hearing or if a hearing must be scheduled. The Magistrate may award the
plaintiff the full amount of their claim, plus court costs.
What happens if | file an Answer? Will | have a trial?
lf you file an Answer, the Court will schedule a hearing (also called a trial), if one'is required. The court will send you
a notice letting you know exactly when and where your case will be heard. Do not come to court for a hearing
on the Answer Date listed on the Answer form. Cases are scheduled for hearing as quickly as possible,
What happens if | file a Counterclaim? Will | have a trial?
If you file a Counterclaim with your Answer, a notice will be sent to you and the plaintiff letting everyone know that a
Counterclaim has been filed and telling the plaintiff when they must file their Answer to the Counterclaim. After the
Counterclaim Answer Date has passed, the court will schedule a hearing (also called a trial), if one is required. The
court will send you a notice letting you know exactly when and where your case will be heard. Do not come to
court for a hearing on the Answer Date listed on the Answer form. Cases are scheduled for hearing as quickly as
possible,
What do | need to bring to Court for my hearing (trial)?
On the day of your hearing, you should bring all of your witnesses and any evidence you have. This may include bills,
invoices, checks, damage estimates, pictures or other documents. Evidence may also include any defective or
damaged goods that can be brought safely and easily into the court. Be prepared and organized so that you can
present your complete case. A small claims judgment cannot be appealed.
ADA NOTICE
The Judicial Branch of the State of
Connecticut complies with the Americans with
Disabilities Act (ADA). If you need a
reasonable accommodation in accordance
with the ADA, contact a court clerk or an ADA
contact person listed at www.jud.ct.gov/ADA,SUPERIOR COURT
MIDLAND CREDIT MANAGEMENT, INC. JUDICIAL DISTRICT OF
: LITCHFIELD
Vs. : AT TORRINGTON
KAYLA BEYUS : JUNE 2, 2021
ACCOMPANYING DOCUMENTATION ATTACHED
Military Affidavit and DMDC Printout
Affidavit of Debt
Chain of Title Documents
Credit Card Billing Statement(s)
Case Summary
Charge-Off Date: September 30, 2020
Suit Amount: $1,117.04
Filing Fee: $95.00
Service Fee: $7.40
24-94342
London & London e Attorneys at Law
48 Christian Lane ¢ Newington, CT 06111 © (860) 686-4500 @ JURIS No. 406548.
Preview
SMALL CLAIMS WRIT STATE OF CONNECTICUT This form is available wa si in other language(s) SUPERIOR COURT G.G.8. §§ 51-15, 51-345(q) T-11342 SMALL CLAIMS SESSION www jud.ct.gov Type or print legibly. This Smait Claims Writ and Notice of Suit must be served on (delivered to} the defendant(s) before filing it with the court, See instructions to Plaintiff on reverse. 1.) Location information that will determine where the trial will be: 2.) Case type code (See /ist on reverse page 1) Torrington CT 06790-5232 Major: S Minor: 15 3.} Is this a claim between a landlord and a tenant (renter)? | 4.) If you answered "Yes" to question #3, state the town where the rental premises is located: (Select one) Yes x] No Parties | Name (Last, First, Middfe Initial) and Address of Each Party (Number; Street; P.O. Box; Town; State; Zip; Country, if not USA) 5, First adarocs a0 cA INO De LA REA SU e100, SAN DIEGO, CA 92108 (Selestone) [] tLe [[] Partnership Jp 9, Plaintiff ress: Ma » SUl . Citnaividual [] 0BA Ly Corporation Telephone: 6.) Name, address, and zip code of Attomey for Plaintif(s) Attorney's Juris Number | Telephone number (w/area code) London & London, 48 Christian Lane, Newington, CT 06111 406548 860-666-4500 is Name: KAYLA BEYUS ‘Select one i 7) First Address: 179 Peat! St Apt I Torrington CT 06790-8232 (Selectone) [J LLC L] Partnership |, 44 Defendant {X] Individual DBA Corporation Telephone: For more than 1 plaintiffidefendant, attach Continuation of Parties (farm JD-CV-67) and select this box. 8.) If this claim is a consumer debt, which is a debt or obligation made primarily for personal, family, or household reasons, give the reasons why you believe that the statute of limitations has not expired. This action has been initiated timely based upon the Defendant’s Jast payment and/or purchase on the account and/or the account has charged off within the last six years, 9.) How did you check in the last 6 months that the address given for defendant(s) is accurate? Select all boxes that apply and provide the dates that the address was checked. [“] | checked town or city records (for example, checking a street list or tax records) (date checked) (7 I checked with the Department of Motor Vehicles (date checked) Oo I received correspondence (letters or other mail) from the defendant with that return address (date checked) (J received other proof from the defendant that the address is current (Gra dite checked) x! 1 mailed by first class mail, at least 4 weeks before this small claims action was filed, a letter to the defendant at the address used and the letter has not been retumed to me by the United States Postal Service june 9. 202 flast dato checked for retumed latter) 40. Amount claimed* Plus Cost: Plus pre-judgment interest** $1,117.04 Us GOsts [7] Plus double damages for security deposit withheld* *The Amount Claimed may not be more than $5,000, Do not include amounts “*if you select one or more boxes, you MUST explain for pre-judgment interest or doubling the security deposit in box 10. how much you want for each item in section 11 below. To Defendant(s): 11.) You are being sued. The Plaintiff(s) claims you owe the above amount plus costs and prejudgment interest and/or double damages for a withheld security deposit (if selcted) for the following reasons: Retail Consumer Debt. See attached “Explanation of Amount Claimed.” Dominica Agnes Zdonek Notary Public State of Connecticut My Commission Expires: 07/31/2024 The person signing below, being duly swom, states that he or she has read the claim above and the information contained in this form and, to the best of his or her knowledge, information and beli #s-good ground to support the claim and the information is true. 12.) Signed Type in name of person signing at leit and title, if applicable[ For Court Use ‘Only (Date/Stamp) Richard Terry, Attofne\ for the Plaintiff Subscribed and Date | Signed ¢6rerk, Na Yeris swom tobeforemeon June 2, 2021 ADA NOTICE The Judicial Branch of the State of Connecticut complies with the Americans with Disabilities Act (ADA). If you need a reasonable accommodation in accordance with the Docket Number ADA, contact a court clerk or an ADA contact person listed at wwwjud.cf.gov/ADA.SUPERIOR COURT MIDLAND CREDIT MANAGEMENT, INC. : JUDICIAL DISTRICT OF : LITCHFIELD VS. : AT TORRINGTON KAYLA BEYUS : JUNE 2, 2021 Explanation of Amount Claimed STATE OF CONNECTICUT } ss. Newington COUNTY OF HARTFORD } The Plaintiff has acquired the Defendant's Comenity Capital Bank account, currently identified under account number **************0821. The Defendant used the credit issued under the account. The Plaintiff and/or its predecessor(s)-in-interest, provided the Defendant periodic account statements setting forth the balance due, which statements the Defendant received and held without raising any timely objection. The account has become delinquent and despite demand, the charge-off balance of $1,117.04 remains due and owing to the Plaintiff as evidenced by the attached Affidavit of Debt, Chain of Title documents, and Account Documents. Plaintiff seeks judgment for the claimed amount and costs of action. The Plaintiff further moves that an Order for nominal weekly payments be entered and that Post-Judgment Statutory Interest be also granted in accordance with Connecticut General Statutes Sections 52-356d(c) and 37-3a. Dated at Newington, Connecticut, this the 2" day of June 2021. Richatg Terry for the Plaintiff Subscribed and sworn to before me on this the 2" da 2021. Dominica Agnes Zgnek Notary Public State of Connecticut My Commission Expires: 07/31/2024 21-11342 London & London @ Attorneys at Law 48 Christian Lane @ Newington, CT 06141 @ (860) 666-4500 ¢ JURIS No, 406548INSTRUCTIONS TO DEFENDANT STATE OF CONNECTICUT (NOTICE TO FERSON BEING SUED} SUPERIOR COURT www jud.ct.gov Please read the instructions carefully. For more information, get a copy of How Small Claims Court Works (form JDP-CV-45) from a Clerk's Office, Court Service Center or on the Judicial Branch website, at www. jud. ct. gov/publications/CV045. You may also find information on the Small Claims Frequently Asked Questions page on the Judicial Branch website at www .jud. ct gov/fag/smaliclaims.htmi or by contacting the clerk's office or a Court Service Center. What is the Smaff Claims Writ and Notice of Suit (form JD-CV-40) that | have received? The person suing you (called the plaintiff) has delivered to you (served on you) a copy of the Smal! Claims Writ and Notice of Suit (form JD-CV-40) and any documents related to your case. The Small Claims Writ and Notice of Suit contains the plaintiff's complaint, which explains how much money the plaintiff claims you owe them and the reasons why the they think you owe them. How do | defend my case? In order to respond to the plaintiff's complaint, you must complete an Answer form and return it to court. The court will send you an Answer form, The Answer form will tell you the court house where you must return the form and the date by which you must return it, You should receive an Answer form within six (6) weeks, but if you do not, call the clerk's office to ask why you have not received it yet. Do not file a response until you receive an Answer form, The Answer form contains an Answer section, where you respond to the plaintiff's claims, and a Counterclaim section, where you can make claims against the plaintiff. The Answer section must be completed. It is up to you whether you complete the Counterclaim. There is a fee for filing a counterclaim, which is discussed below. How do | respond to the plaintiff's claims? - Filing an Answer The Answer is your chance to respond or reply to the plaintiff's claim. You may admit or deny all or part of the plaintiff's claim. Your Answer should be specific, but brief. Complete the form and sign it. Keep a copy for yourself and send a copy to each attorney or other representative of the plaintiff or, if the plaintiff is representing themselves, send a copy to the plaintiff. if you are not filing a Counterclaim, send the original Answer form to the court at the address listed on the form by mail, fax or hand delivery. The court must receive your Answer form on or before the Answer Date. If you are filing a Counterclaim, see the discussion on Counterclaims, below. What if | know I owe the plaintiff some money? If you know you owe the plaintiff something, but do not agree on the amount in the claim or are not sure how much you owe, you should file an Answer. This gives you a chance to come to court for a hearing (also called a trial) to question how the plaintiff added up the amount claim or to say why you think the amount should be different. What if | admit that | owe the plaintiff all of the money they are asking for but want time to pay? If you are sure that you owe the entire amount claimed by the plaintiff but want or need more time to pay, you may say this on the Answer form and file it with the court. You may ask for a period of time during which you can make payments in an amount that you suggest. If you ask for more time, but do net ask for a specific time period or amount, the court will enter a judgment with an order of payments of $35 each week until the judgment is paid. If you ask to pay less than $35 per week, and the plaintiff does not agree, a hearing will be scheduled. A judgment against a business and a judgment against a landlord for return of a security deposit will be ordered to be paid in a lump sum. What ff | pay the full amount plus costs, if any, before the Answer Date? lf you pay the plaintiff, plaintiff's representative, or plaintiff's attorney the full amount of the claim plus costs, if any, before the Answer Date, you should say that on the Answer form and file it with the court. Do not send payment(s) to the Court. What should | do if the plaintiff owes me money? - Filing a Counterclaim If you claim that the plaintiff owes you money, you may wish to file a Counterclaim. First, you should comptete the Answer portion of the Answer form. Then you may complete the Counterclaim section of the Answer form. In that section, explain why you think the plaintiff owes you money and how much money you claim the plaintiff owes you. When you have completed the form, sign it. Keep a copy for yourself and send a copy to each attorney or other Tepresentative of the plaintiff or, if the plaintiff is representing themselves, send a copy to the plaintiff. Send the original Answer form to the court at the address listed on the form by mail or hand delivery along with a filing fee of $95. The court must receive your answer form on or before the answer date. You cannot fax a Counterclaim and Its filing fee to the court.What happens if I do not file.an Answer? If you do not file an Answer in writing with the court, a money judgment may be entered against you. This is called a default judgment. After the Answer Date has passed, your case will be reviewed by a Magistrate, who will decide whether a judgment should enter without a hearing or if a hearing must be scheduled. The Magistrate may award the plaintiff the full amount of their claim, plus court costs. What happens if | file an Answer? Will | have a trial? lf you file an Answer, the Court will schedule a hearing (also called a trial), if one'is required. The court will send you a notice letting you know exactly when and where your case will be heard. Do not come to court for a hearing on the Answer Date listed on the Answer form. Cases are scheduled for hearing as quickly as possible, What happens if | file a Counterclaim? Will | have a trial? If you file a Counterclaim with your Answer, a notice will be sent to you and the plaintiff letting everyone know that a Counterclaim has been filed and telling the plaintiff when they must file their Answer to the Counterclaim. After the Counterclaim Answer Date has passed, the court will schedule a hearing (also called a trial), if one is required. The court will send you a notice letting you know exactly when and where your case will be heard. Do not come to court for a hearing on the Answer Date listed on the Answer form. Cases are scheduled for hearing as quickly as possible, What do | need to bring to Court for my hearing (trial)? On the day of your hearing, you should bring all of your witnesses and any evidence you have. This may include bills, invoices, checks, damage estimates, pictures or other documents. Evidence may also include any defective or damaged goods that can be brought safely and easily into the court. Be prepared and organized so that you can present your complete case. A small claims judgment cannot be appealed. ADA NOTICE The Judicial Branch of the State of Connecticut complies with the Americans with Disabilities Act (ADA). If you need a reasonable accommodation in accordance with the ADA, contact a court clerk or an ADA contact person listed at www.jud.ct.gov/ADA,SUPERIOR COURT MIDLAND CREDIT MANAGEMENT, INC. JUDICIAL DISTRICT OF : LITCHFIELD Vs. : AT TORRINGTON KAYLA BEYUS : JUNE 2, 2021 ACCOMPANYING DOCUMENTATION ATTACHED Military Affidavit and DMDC Printout Affidavit of Debt Chain of Title Documents Credit Card Billing Statement(s) Case Summary Charge-Off Date: September 30, 2020 Suit Amount: $1,117.04 Filing Fee: $95.00 Service Fee: $7.40 24-94342 London & London e Attorneys at Law 48 Christian Lane ¢ Newington, CT 06111 © (860) 686-4500 @ JURIS No. 406548.