On October 20, 2020 a
Proof of Service
was filed
involving a dispute between
Midland Funding Llc,
and
Jerry Nason,
for Other Matters - Consumer Credit (Card) Debt Buyer Plaintiff
in the District Court of Clinton County.
Preview
FILED: CLINTON COUNTY CLERK 09/22/2022 02:35 PM INDEX NO. 2020-00020654
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 09/22/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF CLINTON INDEX NO. 2020-00020654
Midland Funding LLC
Plaintiff,-
-against- AFFIRMATION
Jerry Nason
Defendant(s),
The undersigned attorney duly licensed to practice law in the Courts of the State of New York, hereby
affirms the following to be true under penalty of perjury:
1. I am a member of the firm appearing as attorneys of record for the Plaintiff and am fully familiar
with all of the statements submitted herein. I submit this Affirmation in support of the Plaintiff's
submission of a default judgment in favor of the Plaintiff and against the Defendant.
2. The parties signed the attached Stipulation of Settlement pursuant to which the Defendant agreed to
settlethisaction by repaying $1337.66 in full
satisfaction ofthe debt due plaintiffas setforth in Exhibit
"A". The Defendant's lastpayment of $250.00 was received on 08/07/2020.
3. That our firm sent Defendant a default letterper the terms of the Stipulation on . Defendant failed
to remit monthly installments as set forththerein. More than ten days have lapsed since Defendant
was sent the default letterand the Defendant failed to cure theirdefault. A copy of the default letter
is attached hereto as Exhibit "B". Accordingly, a default judgment should be entered in favor of
the Plaintiff and against the Defendant for the fullamount due as demanded in the complaint, plus
costs, interest,and disbursements.
Dated: New York, New York
August 31, 2022
¡ Joseph J. Cas oseph G. Devine
¡ Anthony S. Poulin ¡ Stephanie R. Vetch
¡ Stephen Einstein ¡ Scott Morris
Matter#: 329965
S_J_StipAffirm
1 of 6
FILED: CLINTON COUNTY CLERK 09/22/2022 02:35 PM INDEX NO. 2020-00020654
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 09/22/2022
"A"
ExHIBIT
Matter#: 329965
S_J_StipExhA
2 of 6
FILED: CLINTON COUNTY CLERK 09/22/2022 02:35 PM INDEX NO. 2020-00020654
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 09/22/2022
SETTLEMENT AGREEMENT BETWEEN MIDLAND FUNDING LLC, CREDITOR AND
JERRY NASON, DEBTOR
It ishereby stipulated and agreed by and between the attorneys for the Creditor and the
Debtor as follows:
1. The Debtor acknowledges that they defaulted on a debt that is now due and owing to the
Original Creditor. This agreement settles all claims between the parties with respect to an account
number issued by SYNCHRONY BANK bearing account number XXXXXXXXXXXX9555.
2. Creditor has agreed to accept the sum of $2187.66 (Future Interest Waived) in full
satisfaction of the debt due creditor, to be repaid as follows: $150.00 on or before 7/12/2019
and $150.00 on or before the 12th of each Month thereafter until paid in full. (the
"Repayment Period").
3. That the payments provided for herein are to be made payable to Stephen Einstein and
Associates, P.C., and forwarded to them as attomeys for the Creditor at 39 Broadway, Suite 1250,
New York, NY 10006.
4. Should the Debtor fail to remit any payment when due, Creditor will notify Debtor via
regular mail to the address noted below. If any default is not cured within ten (10) days of said
notice, Creditor may commence suitfor the original claim balance, less payments made. Debtor is
entitled to no more than three (3) default notices during the Repayment Period.
5. Once all payments due are received and clear C t r's attomey's trust account, Debtor
will receive a letterstating that this account has been pai 1.
6. This is an attempt to collect a debt and an inf ation obtained will be used for that
purpose. This communication is from a debt collecto acsimile or scanned signatures shall
have the full force and affect as originals.
Dated: July 12, 2019
Matter #:329965
'
St hen tein& Associates, P.C.
Atto eys for Creditor
39 Broadway Suite 1250
New York, New York 10006
(212) 267-3550
139 d Hill Rd
Morrisonville NY 12962
Name of Employer
Address of Employer
L_STP-PRESUM
3 of 6
FILED: CLINTON COUNTY CLERK 09/22/2022 02:35 PM INDEX NO. 2020-00020654
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 09/22/2022
"B"
EXHIBIT
Matter#: 329965
S_J_StipExhB
4 of 6
FILED: CLINTON COUNTY CLERK 09/22/2022 02:35 PM INDEX NO. 2020-00020654
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 09/22/2022
STEPHENEINSTEIN
N AWK IAl[A PC
SCOTT MORRIS * 39 BROADWAY, SUITE I250
ANTHONY S. POULIN *
STEPHEN EINSTEIN, OF COUNSEL -
NEW YORK, NY 10006
PHONE: 212-267-3550
PHONE: 800-280-6205
FAX: 212-227-9656
* Admitted in N1.
and N.J.
September 14, 2020
Jerry Nason
139 Rand HillRd NOTICE OFDEFAULT
Morrisonville NY 12962
CurrentCreditor:MidlandFunding LLC
OriginalCreditor:
SYNCHRONY BANK
Account #: XXXXXXXXXXXX9555
Matter#: 329965
Dear Jerry Nason:
Please be advised that we have not received your payment that was due on 9/7/2020. We
understand that thepast few months have not been easy due to COVID-19. Therefore, ifyou are
experiencing a hardship (whether financial or health) we encourage you to callus so we could
consider your situation and see if we could defer your payment plan for a time-period or consider
a more accommodating plan. Ifwe don't hear from you, and your payment in the amount of
$200.00 isn't received by no laterthan ten (10) days from receipt of thisnotice, we may resume
legalcollection activity.
Should you have any questions regarding your account oryou wish to setup a payment
arrangement, please contact one ofour Account Managers at (800)280-6205. When calling us to
discuss your account or tomake a payment, please refer to your matter # of 329965.
Sincerely,
The Law Office of Stephen Einstein and
Associates, P.C.
800-280-6205 www.stepheneinstein.com
..............................................................................................................................................................................................................................................................................
THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT.
ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
5 of 6
FILED: CLINTON COUNTY CLERK 09/22/2022 02:35 PM INDEX NO. 2020-00020654
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 09/22/2022
We are required under state law to notify consumers of the following rights. This
list does not contain a complete list of the rights consumers have under state and
federal law:
If a creditor or debt collector receives a money judgment against you in court, state and
federal laws may prevent the following types of income from being taken to pay the debt:
1. Supplemental security income, (SSI);
2. Social security;
3. Public assistance (welfare);
4. Spousal support, maintenance (alimony) or child support;
5. Unemployment benefits;
6. Disability benefits;
Workers'
7. compensation benefits;
8. Public or private pensions;
Veterans'
9. benefits;
10. Federal student loans, federal student grants, and federal work study
funds; and
11. Ninety percent of your wages or salary earned in the last sixty days.
DATE OF LAST PAY: 8/7/2020
P_DEF
6 of 6
Document Filed Date
September 22, 2022
Case Filing Date
October 20, 2020
Category
Other Matters - Consumer Credit (Card) Debt Buyer Plaintiff
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Preview
FILED: CLINTON COUNTY CLERK 09/22/2022 02:35 PM INDEX NO. 2020-00020654 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 09/22/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF CLINTON INDEX NO. 2020-00020654 Midland Funding LLC Plaintiff,- -against- AFFIRMATION Jerry Nason Defendant(s), The undersigned attorney duly licensed to practice law in the Courts of the State of New York, hereby affirms the following to be true under penalty of perjury: 1. I am a member of the firm appearing as attorneys of record for the Plaintiff and am fully familiar with all of the statements submitted herein. I submit this Affirmation in support of the Plaintiff's submission of a default judgment in favor of the Plaintiff and against the Defendant. 2. The parties signed the attached Stipulation of Settlement pursuant to which the Defendant agreed to settlethisaction by repaying $1337.66 in full satisfaction ofthe debt due plaintiffas setforth in Exhibit "A". The Defendant's lastpayment of $250.00 was received on 08/07/2020. 3. That our firm sent Defendant a default letterper the terms of the Stipulation on . Defendant failed to remit monthly installments as set forththerein. More than ten days have lapsed since Defendant was sent the default letterand the Defendant failed to cure theirdefault. A copy of the default letter is attached hereto as Exhibit "B". Accordingly, a default judgment should be entered in favor of the Plaintiff and against the Defendant for the fullamount due as demanded in the complaint, plus costs, interest,and disbursements. Dated: New York, New York August 31, 2022 ¡ Joseph J. Cas oseph G. Devine ¡ Anthony S. Poulin ¡ Stephanie R. Vetch ¡ Stephen Einstein ¡ Scott Morris Matter#: 329965 S_J_StipAffirm 1 of 6 FILED: CLINTON COUNTY CLERK 09/22/2022 02:35 PM INDEX NO. 2020-00020654 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 09/22/2022 "A" ExHIBIT Matter#: 329965 S_J_StipExhA 2 of 6 FILED: CLINTON COUNTY CLERK 09/22/2022 02:35 PM INDEX NO. 2020-00020654 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 09/22/2022 SETTLEMENT AGREEMENT BETWEEN MIDLAND FUNDING LLC, CREDITOR AND JERRY NASON, DEBTOR It ishereby stipulated and agreed by and between the attorneys for the Creditor and the Debtor as follows: 1. The Debtor acknowledges that they defaulted on a debt that is now due and owing to the Original Creditor. This agreement settles all claims between the parties with respect to an account number issued by SYNCHRONY BANK bearing account number XXXXXXXXXXXX9555. 2. Creditor has agreed to accept the sum of $2187.66 (Future Interest Waived) in full satisfaction of the debt due creditor, to be repaid as follows: $150.00 on or before 7/12/2019 and $150.00 on or before the 12th of each Month thereafter until paid in full. (the "Repayment Period"). 3. That the payments provided for herein are to be made payable to Stephen Einstein and Associates, P.C., and forwarded to them as attomeys for the Creditor at 39 Broadway, Suite 1250, New York, NY 10006. 4. Should the Debtor fail to remit any payment when due, Creditor will notify Debtor via regular mail to the address noted below. If any default is not cured within ten (10) days of said notice, Creditor may commence suitfor the original claim balance, less payments made. Debtor is entitled to no more than three (3) default notices during the Repayment Period. 5. Once all payments due are received and clear C t r's attomey's trust account, Debtor will receive a letterstating that this account has been pai 1. 6. This is an attempt to collect a debt and an inf ation obtained will be used for that purpose. This communication is from a debt collecto acsimile or scanned signatures shall have the full force and affect as originals. Dated: July 12, 2019 Matter #:329965 ' St hen tein& Associates, P.C. Atto eys for Creditor 39 Broadway Suite 1250 New York, New York 10006 (212) 267-3550 139 d Hill Rd Morrisonville NY 12962 Name of Employer Address of Employer L_STP-PRESUM 3 of 6 FILED: CLINTON COUNTY CLERK 09/22/2022 02:35 PM INDEX NO. 2020-00020654 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 09/22/2022 "B" EXHIBIT Matter#: 329965 S_J_StipExhB 4 of 6 FILED: CLINTON COUNTY CLERK 09/22/2022 02:35 PM INDEX NO. 2020-00020654 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 09/22/2022 STEPHENEINSTEIN N AWK IAl[A PC SCOTT MORRIS * 39 BROADWAY, SUITE I250 ANTHONY S. POULIN * STEPHEN EINSTEIN, OF COUNSEL - NEW YORK, NY 10006 PHONE: 212-267-3550 PHONE: 800-280-6205 FAX: 212-227-9656 * Admitted in N1. and N.J. September 14, 2020 Jerry Nason 139 Rand HillRd NOTICE OFDEFAULT Morrisonville NY 12962 CurrentCreditor:MidlandFunding LLC OriginalCreditor: SYNCHRONY BANK Account #: XXXXXXXXXXXX9555 Matter#: 329965 Dear Jerry Nason: Please be advised that we have not received your payment that was due on 9/7/2020. We understand that thepast few months have not been easy due to COVID-19. Therefore, ifyou are experiencing a hardship (whether financial or health) we encourage you to callus so we could consider your situation and see if we could defer your payment plan for a time-period or consider a more accommodating plan. Ifwe don't hear from you, and your payment in the amount of $200.00 isn't received by no laterthan ten (10) days from receipt of thisnotice, we may resume legalcollection activity. Should you have any questions regarding your account oryou wish to setup a payment arrangement, please contact one ofour Account Managers at (800)280-6205. When calling us to discuss your account or tomake a payment, please refer to your matter # of 329965. Sincerely, The Law Office of Stephen Einstein and Associates, P.C. 800-280-6205 www.stepheneinstein.com .............................................................................................................................................................................................................................................................................. THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 5 of 6 FILED: CLINTON COUNTY CLERK 09/22/2022 02:35 PM INDEX NO. 2020-00020654 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 09/22/2022 We are required under state law to notify consumers of the following rights. This list does not contain a complete list of the rights consumers have under state and federal law: If a creditor or debt collector receives a money judgment against you in court, state and federal laws may prevent the following types of income from being taken to pay the debt: 1. Supplemental security income, (SSI); 2. Social security; 3. Public assistance (welfare); 4. Spousal support, maintenance (alimony) or child support; 5. Unemployment benefits; 6. Disability benefits; Workers' 7. compensation benefits; 8. Public or private pensions; Veterans' 9. benefits; 10. Federal student loans, federal student grants, and federal work study funds; and 11. Ninety percent of your wages or salary earned in the last sixty days. DATE OF LAST PAY: 8/7/2020 P_DEF 6 of 6