On November 15, 2013 a
No Value
was filed
involving a dispute between
Slm Education Credit Finance Corporation,
and
Carlin T Seneca,
for Other Matters - Consumer Credit (Non-Card) Transaction
in the District Court of Chautauqua County.
Preview
FILED: CHAUTAUQUA COUNTY CLERK 11/15/2013 10:44 AM INDEX NO. EK12013001579
YORK'
NYSCEF DOC.
SUPREME'COURT NO. 8OF THE STATE OF NEW INDEX # ||I 20)3-157C/ NYSCEF:
RECEIVED V
09/29/2022
COUNTY OF CHAUTAUQUA SUMMONS
________________--______________________________
SLM EDUCATION CREDIT FIN PLAINTIFF'S ADDRESS
CORPORATION 8 C UN154tWIFF, 12061 BLUEMONT WAY
RESTON VA 20190
- AGAINST - 13NOV 15 AMfor x
44
DEFENDANT'S ADDRESSES --
CARLIN T SENECA 12579 ROUTE 438
DEFENDANT(S) . IRVING NY 14081-0204
THE BASIS OF THE VENUE IS:
A DEFENDANT RESIDES IN THE COUNTY OF CHAUTAUQUA
THE TRANSACTION TOOK PLACE IN THE COUNTY OF CHAUTAUQUA
TO THE ABOVE NAMED DEFENDANT(S) : CARLIN T SENECA
YOU ARE HEREBY SUMMONED TO ANSWER THE COMPLAINT IN THIS ACTION AND TO
SERVE A COPY OF YOUR ANSWER ON THE PLAINTIFF'S ATTORNEY(S) WITHIN
20 DAYS AFTER THE SERVICE OF THIS SUMMONS, EXCLUSIVE OF THE DAY OF
SERVICE (OR WITHIN 30 DAYS AFTER THE SERVICE IS COMPLETE IF THIS
SUMMONS IS NOT PERSONALLY DELIVERED TO YOU WITHIN THE STATE OF NEW YORK) .
UPON YOUR FAILURE TO ANSWER, JUDGMENT WILL BE TAKEN AGAINST YOU FOR THE
RELIEF DEMANDED IN THE COMPLAINT, TOGETHER WITH THE DISBURSEMENTS OF
THIS ACTION.
DATED THE 14 DAY OF OCTOBER , 2013
FORSTER & GARBUS LLP
FILE NO. ATTORNEY(S) FOR PLAINTIFF
CT31764195 60 MOTOR PARKWAY
COMMACK, NY 11725
ORIG ACCT# END IN: 0101 (631) 393-9400
NOTE: THE LAW PROVIDES THAT:
(A) IF THIS SUMMONS IS SERVED BY ITS DELIVERY TO YOU PERSONALLY WITHIN
THE COUNTY OF CHAUTAUQUA YOU MUST APPEAR AND ANSWER WITHIN 20 DAYS AFTER
SUCH SERVICE: OR
(B) IF THIS SUMMONS IS SERVED BY DELIVERY TO ANY PERSON OTHER THAN YOU
OR IS SERVED OUTSIDE THE COUNTY OF CHAUTAUQUA OR BY PUBLI-
PERSONALLY, ,
CATION, OR BY ANY MEANS OTHER THAN PERSONAL DELIVERY TO YOU WITHIN THE
COUNTY OF CHAUTAUQUA YOU ARE ALLOWED 30 DAYS AFTER SERVICE IS COMPLETE
WITHIN WHICH TO APPEAR AND ANSWER.
DEFENDANT'S POB:
1 of 2
FILED: CHAUTAUQUA COUNTY CLERK 11/15/2013 10:44 AM INDEX NO. EK12013001579
NYSCEF
SUPREME DOC. NO.
COURT 8OF THE STATE OF NEW YORI RECEIVED NYSCEF: 09/29/2022
COUNTY OF CHAUTAUQUA FORMAL COMPLAINT
___________________________---_________-__------
SLM EDUCATION CREDIT FINANCE
CORPORATION PLAINTIFF,
t/NTyCL
- AGAINST -
CARHN T SENECA
DEFENDANT(S) .
____________-_____________________________------
PLAINTIFF, BY ITS ATTORNEY(S) , COMPLAINING OF THE DEFENDANT(S), UPON
INFORMATION AND BELIEF, ALLEGES: .
1. THAT THE DEFENDANT(S) RESIDES IN THE COUNTY IN WHICH THIS ACTION IS
BROUGHT; OR THAT THE DEFENDANT(S) TRANSACTED BUSINESS WITHIN THE COUNTY
IN WHICH THIS ACTION IS BROUGHT IN PERSON OR THROUGH HIS AGENT AND THAT
THE INSTANT CAUSE OF ACTION AROSE OUT OF SAID TRANSACTION
2. PLAINTIFF CORPORATION AS OWNER, IS AUTHORIZED TO PROCEED WITH THIS ACTION.
3. UPON INFORMATION AND BELIEF DEFENDANT(S) BORROWED MONEY FROM PLAINTIFF OR
PLAINTIFF'S ASSIGNOR PURSUANT TO A PROMISSORY NOTE.
4. THAT DEFENDANT(S) HAS DEFAULTED ON SAID NOTE AND $ 5,764.09 IS NOW DUE.
NO PART OF SAID SUM HAS BEEN PAID ALTHOUGH DULY DEMANDED.
5. DEFENDANT(S) IS IN DEFAULT AND DEMAND FOR PAYMENT HAS BEEN MADE.
INTEREST IS AT THE CONTIACT RATE OF:.0900.
2ND CAUSE/ACTION:PLAINTIFF STATED AN ACCOUNT TO DEFENDANT WITHOUT OBJECTION
THAT THERE IS NOW DUE PLAINTIFF FROM DEFENDANT(S) THE AMOUNT SET FORTH IN
THE COMPLAINT, NO PART OF WHICH HAS BEEN PAID, ALTHOUGH DULY DEMANDED.
WHEREFORE, PLAINTIFF DEMANDS JUDGMENT AGAINST DEFENDANT(S) FOR THE SUM OF
5,764.09 WITH INTEREST THEREON FROM THE 6 DAY OF SEPTEMBER, 2013,
TOGETHER WITH THE DISBURSEMENTS OF THIS ACTION
WE ARE DEBT COLLECTORS; ANY FORSTER & GARBUS LLP
INFORMATION OBTAINED WILL BE USED ATTORNEY(S) FOR PLAINTIFF
IN ATTEMPTING TO COLLECT THIS DEBT. 60 MOTOR PARKWAY
COMMACK, NY 11725
DATED: THE 14 DAY OF OCTOBER , 2013
RONA FORSTER JOEL D. LElDERMAN MICHAEL LEINOFF
PURSUANTTOPART130-1.1-aOFTHERULESOFTHE
CHIEFADMINISTRATORTHISSIGNATUREAPPLIES
TOTHEATTACHEDSUMMONSANDCOMPLAINT
2 of 2
Document Filed Date
November 15, 2013
Case Filing Date
November 15, 2013
Category
Other Matters - Consumer Credit (Non-Card) Transaction
Status
Active-Post Judgment
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
FILED: CHAUTAUQUA COUNTY CLERK 11/15/2013 10:44 AM INDEX NO. EK12013001579 YORK' NYSCEF DOC. SUPREME'COURT NO. 8OF THE STATE OF NEW INDEX # ||I 20)3-157C/ NYSCEF: RECEIVED V 09/29/2022 COUNTY OF CHAUTAUQUA SUMMONS ________________--______________________________ SLM EDUCATION CREDIT FIN PLAINTIFF'S ADDRESS CORPORATION 8 C UN154tWIFF, 12061 BLUEMONT WAY RESTON VA 20190 - AGAINST - 13NOV 15 AMfor x 44 DEFENDANT'S ADDRESSES -- CARLIN T SENECA 12579 ROUTE 438 DEFENDANT(S) . IRVING NY 14081-0204 THE BASIS OF THE VENUE IS: A DEFENDANT RESIDES IN THE COUNTY OF CHAUTAUQUA THE TRANSACTION TOOK PLACE IN THE COUNTY OF CHAUTAUQUA TO THE ABOVE NAMED DEFENDANT(S) : CARLIN T SENECA YOU ARE HEREBY SUMMONED TO ANSWER THE COMPLAINT IN THIS ACTION AND TO SERVE A COPY OF YOUR ANSWER ON THE PLAINTIFF'S ATTORNEY(S) WITHIN 20 DAYS AFTER THE SERVICE OF THIS SUMMONS, EXCLUSIVE OF THE DAY OF SERVICE (OR WITHIN 30 DAYS AFTER THE SERVICE IS COMPLETE IF THIS SUMMONS IS NOT PERSONALLY DELIVERED TO YOU WITHIN THE STATE OF NEW YORK) . UPON YOUR FAILURE TO ANSWER, JUDGMENT WILL BE TAKEN AGAINST YOU FOR THE RELIEF DEMANDED IN THE COMPLAINT, TOGETHER WITH THE DISBURSEMENTS OF THIS ACTION. DATED THE 14 DAY OF OCTOBER , 2013 FORSTER & GARBUS LLP FILE NO. ATTORNEY(S) FOR PLAINTIFF CT31764195 60 MOTOR PARKWAY COMMACK, NY 11725 ORIG ACCT# END IN: 0101 (631) 393-9400 NOTE: THE LAW PROVIDES THAT: (A) IF THIS SUMMONS IS SERVED BY ITS DELIVERY TO YOU PERSONALLY WITHIN THE COUNTY OF CHAUTAUQUA YOU MUST APPEAR AND ANSWER WITHIN 20 DAYS AFTER SUCH SERVICE: OR (B) IF THIS SUMMONS IS SERVED BY DELIVERY TO ANY PERSON OTHER THAN YOU OR IS SERVED OUTSIDE THE COUNTY OF CHAUTAUQUA OR BY PUBLI- PERSONALLY, , CATION, OR BY ANY MEANS OTHER THAN PERSONAL DELIVERY TO YOU WITHIN THE COUNTY OF CHAUTAUQUA YOU ARE ALLOWED 30 DAYS AFTER SERVICE IS COMPLETE WITHIN WHICH TO APPEAR AND ANSWER. DEFENDANT'S POB: 1 of 2 FILED: CHAUTAUQUA COUNTY CLERK 11/15/2013 10:44 AM INDEX NO. EK12013001579 NYSCEF SUPREME DOC. NO. COURT 8OF THE STATE OF NEW YORI RECEIVED NYSCEF: 09/29/2022 COUNTY OF CHAUTAUQUA FORMAL COMPLAINT ___________________________---_________-__------ SLM EDUCATION CREDIT FINANCE CORPORATION PLAINTIFF, t/NTyCL - AGAINST - CARHN T SENECA DEFENDANT(S) . ____________-_____________________________------ PLAINTIFF, BY ITS ATTORNEY(S) , COMPLAINING OF THE DEFENDANT(S), UPON INFORMATION AND BELIEF, ALLEGES: . 1. THAT THE DEFENDANT(S) RESIDES IN THE COUNTY IN WHICH THIS ACTION IS BROUGHT; OR THAT THE DEFENDANT(S) TRANSACTED BUSINESS WITHIN THE COUNTY IN WHICH THIS ACTION IS BROUGHT IN PERSON OR THROUGH HIS AGENT AND THAT THE INSTANT CAUSE OF ACTION AROSE OUT OF SAID TRANSACTION 2. PLAINTIFF CORPORATION AS OWNER, IS AUTHORIZED TO PROCEED WITH THIS ACTION. 3. UPON INFORMATION AND BELIEF DEFENDANT(S) BORROWED MONEY FROM PLAINTIFF OR PLAINTIFF'S ASSIGNOR PURSUANT TO A PROMISSORY NOTE. 4. THAT DEFENDANT(S) HAS DEFAULTED ON SAID NOTE AND $ 5,764.09 IS NOW DUE. NO PART OF SAID SUM HAS BEEN PAID ALTHOUGH DULY DEMANDED. 5. DEFENDANT(S) IS IN DEFAULT AND DEMAND FOR PAYMENT HAS BEEN MADE. INTEREST IS AT THE CONTIACT RATE OF:.0900. 2ND CAUSE/ACTION:PLAINTIFF STATED AN ACCOUNT TO DEFENDANT WITHOUT OBJECTION THAT THERE IS NOW DUE PLAINTIFF FROM DEFENDANT(S) THE AMOUNT SET FORTH IN THE COMPLAINT, NO PART OF WHICH HAS BEEN PAID, ALTHOUGH DULY DEMANDED. WHEREFORE, PLAINTIFF DEMANDS JUDGMENT AGAINST DEFENDANT(S) FOR THE SUM OF 5,764.09 WITH INTEREST THEREON FROM THE 6 DAY OF SEPTEMBER, 2013, TOGETHER WITH THE DISBURSEMENTS OF THIS ACTION WE ARE DEBT COLLECTORS; ANY FORSTER & GARBUS LLP INFORMATION OBTAINED WILL BE USED ATTORNEY(S) FOR PLAINTIFF IN ATTEMPTING TO COLLECT THIS DEBT. 60 MOTOR PARKWAY COMMACK, NY 11725 DATED: THE 14 DAY OF OCTOBER , 2013 RONA FORSTER JOEL D. LElDERMAN MICHAEL LEINOFF PURSUANTTOPART130-1.1-aOFTHERULESOFTHE CHIEFADMINISTRATORTHISSIGNATUREAPPLIES TOTHEATTACHEDSUMMONSANDCOMPLAINT 2 of 2