On July 21, 2021 a
Party Statement
was filed
involving a dispute between
Lvnv Funding Llc,
and
Tipitina Horowitz,
for Other Matters - Consumer Credit (Card) Debt Buyer Plaintiff
in the District Court of Orange County.
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FILED: ORANGE COUNTY CLERK 03/08/2022 06:35 PM INDEX NO. EF005116-2021
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 03/08/2022
File # H220920
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ORANGE
----------------------------------
LVNV FUNDING LLC
Plaintiff(s) Index No. EF005116-2021
-against- AFFIRMATION IN SUPPORT
TO ENTER JUDGMENT
TIPITINA HOROWITZ
Defendant(s)
----------------------------------
Craig S. Stiller Esq., an attorney duly admitted to practice law in the
State of New York, hereby affirms the following to be true under the
penalty of perjury:
1. I am an attorney with the law firm of Pressler, Felt & Warshaw, LLP
, attorneys for Plaintiff, in this action. As such, I am fully
familiar with the facts and circumstances of this case.
2. I make this Affirmation in support of Plaintiff's request to enter
judgment on a breach of Stipulation of Settlement.
3. Defendant entered into a Stipulation of Settlement with the
Plaintiff, a copy of which has been attached hereto. Defendant
agreed to pay $507.95 at the rate of $200.00 down and $154.00 per
month. Defendant has paid a total of $354.00 to date under the
terms of the Stipulation of Settlement. However, Defendant has now
defaulted.
4. Defendant's last payment was posted on November 3, 2021 in the
amount of $154.00. No further payments were made and as such a
notice to cure default pursuant to the Stipulation of Settlement
was mailed to the Defendant on February 22, 2022. There was no
response to this letter.
5. Pursuant to the terms of the Stipulation of Settlement, if payment
is not received within ten (10) days from the date of the notice,
Plaintiff may enter judgment without further notice to the
Defendant for the relief demanded in the Complaint together with
costs and disbursements, less credit for payments made by Defendant
under the terms of the settlement.
6. In this matter, Plaintiff sued for $507.95 and Defendant made
payments totaling $354.00. Therefore, pursuant to CPLR Rule
3215(i)(1), judgment is requested in the amount of $153.95, plus
costs and disbursements.
Dated: 03/02/2022
Craig S. Stiller
1 of 1
Document Filed Date
March 08, 2022
Case Filing Date
July 21, 2021
Category
Other Matters - Consumer Credit (Card) Debt Buyer Plaintiff
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FILED: ORANGE COUNTY CLERK 03/08/2022 06:35 PM INDEX NO. EF005116-2021 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 03/08/2022 File # H220920 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ORANGE ---------------------------------- LVNV FUNDING LLC Plaintiff(s) Index No. EF005116-2021 -against- AFFIRMATION IN SUPPORT TO ENTER JUDGMENT TIPITINA HOROWITZ Defendant(s) ---------------------------------- Craig S. Stiller Esq., an attorney duly admitted to practice law in the State of New York, hereby affirms the following to be true under the penalty of perjury: 1. I am an attorney with the law firm of Pressler, Felt & Warshaw, LLP , attorneys for Plaintiff, in this action. As such, I am fully familiar with the facts and circumstances of this case. 2. I make this Affirmation in support of Plaintiff's request to enter judgment on a breach of Stipulation of Settlement. 3. Defendant entered into a Stipulation of Settlement with the Plaintiff, a copy of which has been attached hereto. Defendant agreed to pay $507.95 at the rate of $200.00 down and $154.00 per month. Defendant has paid a total of $354.00 to date under the terms of the Stipulation of Settlement. However, Defendant has now defaulted. 4. Defendant's last payment was posted on November 3, 2021 in the amount of $154.00. No further payments were made and as such a notice to cure default pursuant to the Stipulation of Settlement was mailed to the Defendant on February 22, 2022. There was no response to this letter. 5. Pursuant to the terms of the Stipulation of Settlement, if payment is not received within ten (10) days from the date of the notice, Plaintiff may enter judgment without further notice to the Defendant for the relief demanded in the Complaint together with costs and disbursements, less credit for payments made by Defendant under the terms of the settlement. 6. In this matter, Plaintiff sued for $507.95 and Defendant made payments totaling $354.00. Therefore, pursuant to CPLR Rule 3215(i)(1), judgment is requested in the amount of $153.95, plus costs and disbursements. Dated: 03/02/2022 Craig S. Stiller 1 of 1