On March 09, 2022 a
Party Statement
was filed
involving a dispute between
Midland Credit Management, Inc,
and
Adriana R Decker,
A K A Adriana Decker,
for Other Matters - Consumer Credit (Card) Debt Buyer Plaintiff
in the District Court of Chenango County.
Preview
FILED: CHENANGO COUNTY CLERK 07/21/2022 01:58 PM INDEX NO. 2022-00005129
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 07/25/2022
SUPREME COURT OF THE STATE OF NEW YORK Index number 2022-00005129
COUNTY OF CHENANGO
Midland Credit Management, Inc,
Plaintiff
-vs-
ADRIANA R DECKER A/K/A ADRIANA DECKER,
Defendant(s).
AFFIDAVIT OF FACTS AND PURCHASE OF ACCOUNT
BY DEBT BUYER PLAINTIFF (Debt Buyer Actions)
Melitza Castillo-Zermeno, being duly sworn, deposes and says:
("Plaintiff"
1. I am employed as a Legal Specialist by Midland Credit Management, Inc.
or "MCM"). In this capacity, I have access to the books and records maintained by Plaintiff
("Business Records"), including electronic records, relating to the account ("Account") of
ADRIANA R DECKER A/K/A ADRIANA DECIGR. The last four digits of the Account
number are XXXXXXXXXXXX1723.
2. In my position, I also have personal knowledge of the procedures relating to the purchase
and/or assignment of consumer credit accounts. The Business Records were made in the
regular course of business, and itwas the regular course of such business to make the Business
Records, The Business Records were made at or near the time of the events recorded. Based
on my knowledge of the Business Records, I have personal knowledge of the facts set forth in
this affidavit.
3. On 2020-12-22, Plaintiff purchased or was assigned the Account from Sherman
Originator IIILLC (the "Purchase"). At that time, Sherman Originator IIILLC assigned all of
itsinterest in the Account, including the right to any proceeds from the Account, to Plaintiff.
As part of the Purchase, Business Records relating to the Account were transferred to Plaintiff.
Following the Purchase, those Business Records were maintained in the ordinary course of
business.
Page - 1
COTMISC C604174
1 of 3
FILED: CHENANGO COUNTY CLERK 07/21/2022 01:58 PM INDEX NO. 2022-00005129
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 07/25/2022
4. As set forth in the affidavits of CREDIT ONE BANK, N.A. and Sherman Originator III
LLC submitted herewith, the complete chain of title,with the date of each sale or assigmnent
of the Account, is as follows:
1. CREDIT ONE BANK, N.A. 2020-11-25
2. MHC Receivables, LLC 2020-12-15
3. Sherman Originator III LLC 2020-12-22
4. Midland Credit Management, Inc.
5. At this Defendant owes $983.89 on the Account. This amount includes the charge-
time,
off balance of $983.89, post-charge-off interest of $0.00, and post-charge-off fees and charges
of $0.00, less post-charge-off credits or payments made by or on behalf of the Defendant of
$0.00.
WHEREFORE, deponent demands judgment against Defendant for $983.89, together with the
costs and disbursements of this action.
LEFT BLANK INTENTIONALLY
Page - 2
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310366867 AFFCOTMISC C604174
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FILED: CHENANGO COUNTY CLERK 07/21/2022 01:58 PM INDEX NO. 2022-00005129
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 07/25/2022
I certify under penalty of perjury that the foregoing statements are true and correct.
MAY 0 2 2022
'
Melitza Castill -Zeyneno
STATE OF MINNESOTA )
) ss
COUNTY OF STEARNS )
Subscribed and sworn to before me on MY 0 2 2022bywelitza Castitio-
Zermeno, a Legal Specialist of Midland Credit Management, Inc., a foreign corporation, and
hereby notarized pursuant to the laws of the State of Minnesota on behalf of the corporation.
Notar Rank):
MARTA FLOREZ-RAYON
Notary Pubilo
Minnesota
My CommissionExpiresJan.31, 2027
tupof oféxPublic or Other Official
NY27
SELIP & STYLIANOU, LLP
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1111111IHIl#l1111lll
310366867 AFFCOTMISC C604174
3 of 3
Document Filed Date
July 21, 2022
Case Filing Date
March 09, 2022
Category
Other Matters - Consumer Credit (Card) Debt Buyer Plaintiff
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Preview
FILED: CHENANGO COUNTY CLERK 07/21/2022 01:58 PM INDEX NO. 2022-00005129 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 07/25/2022 SUPREME COURT OF THE STATE OF NEW YORK Index number 2022-00005129 COUNTY OF CHENANGO Midland Credit Management, Inc, Plaintiff -vs- ADRIANA R DECKER A/K/A ADRIANA DECKER, Defendant(s). AFFIDAVIT OF FACTS AND PURCHASE OF ACCOUNT BY DEBT BUYER PLAINTIFF (Debt Buyer Actions) Melitza Castillo-Zermeno, being duly sworn, deposes and says: ("Plaintiff" 1. I am employed as a Legal Specialist by Midland Credit Management, Inc. or "MCM"). In this capacity, I have access to the books and records maintained by Plaintiff ("Business Records"), including electronic records, relating to the account ("Account") of ADRIANA R DECKER A/K/A ADRIANA DECIGR. The last four digits of the Account number are XXXXXXXXXXXX1723. 2. In my position, I also have personal knowledge of the procedures relating to the purchase and/or assignment of consumer credit accounts. The Business Records were made in the regular course of business, and itwas the regular course of such business to make the Business Records, The Business Records were made at or near the time of the events recorded. Based on my knowledge of the Business Records, I have personal knowledge of the facts set forth in this affidavit. 3. On 2020-12-22, Plaintiff purchased or was assigned the Account from Sherman Originator IIILLC (the "Purchase"). At that time, Sherman Originator IIILLC assigned all of itsinterest in the Account, including the right to any proceeds from the Account, to Plaintiff. As part of the Purchase, Business Records relating to the Account were transferred to Plaintiff. Following the Purchase, those Business Records were maintained in the ordinary course of business. Page - 1 COTMISC C604174 1 of 3 FILED: CHENANGO COUNTY CLERK 07/21/2022 01:58 PM INDEX NO. 2022-00005129 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 07/25/2022 4. As set forth in the affidavits of CREDIT ONE BANK, N.A. and Sherman Originator III LLC submitted herewith, the complete chain of title,with the date of each sale or assigmnent of the Account, is as follows: 1. CREDIT ONE BANK, N.A. 2020-11-25 2. MHC Receivables, LLC 2020-12-15 3. Sherman Originator III LLC 2020-12-22 4. Midland Credit Management, Inc. 5. At this Defendant owes $983.89 on the Account. This amount includes the charge- time, off balance of $983.89, post-charge-off interest of $0.00, and post-charge-off fees and charges of $0.00, less post-charge-off credits or payments made by or on behalf of the Defendant of $0.00. WHEREFORE, deponent demands judgment against Defendant for $983.89, together with the costs and disbursements of this action. LEFT BLANK INTENTIONALLY Page - 2 R1111151111#1111111ER15 2I111151R111151511151111111 BilillllERIEllglR 310366867 AFFCOTMISC C604174 2 of 3 FILED: CHENANGO COUNTY CLERK 07/21/2022 01:58 PM INDEX NO. 2022-00005129 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 07/25/2022 I certify under penalty of perjury that the foregoing statements are true and correct. MAY 0 2 2022 ' Melitza Castill -Zeyneno STATE OF MINNESOTA ) ) ss COUNTY OF STEARNS ) Subscribed and sworn to before me on MY 0 2 2022bywelitza Castitio- Zermeno, a Legal Specialist of Midland Credit Management, Inc., a foreign corporation, and hereby notarized pursuant to the laws of the State of Minnesota on behalf of the corporation. Notar Rank): MARTA FLOREZ-RAYON Notary Pubilo Minnesota My CommissionExpiresJan.31, 2027 tupof oféxPublic or Other Official NY27 SELIP & STYLIANOU, LLP Page - 3 It I lilllElilllillllMll llillillillllMlillillllillillillMI lillli 1111111IHIl#l1111lll 310366867 AFFCOTMISC C604174 3 of 3