On September 21, 2021 a
Party Statement
was filed
involving a dispute between
Credit Acceptance Corporation,
and
Frances Walker,
Saysha Smith,
for Other Matters - Consumer Credit (Non-Card) Transaction
in the District Court of Schenectady County.
Preview
FILED: SCHENECTADY COUNTY CLERK 04/11/2022 12:03 PM INDEX NO. 2021-1938
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/11/2022
SUPREME COURT OF THE STATE OF NEW YORK 3AAXXXX7006
COUNTY OF SCHENECTADY
___________________________________Ç
CREDIT ACCEPTANCE CORPORATION Index No. 1938/21
Plaintiff,
- Against - AFFIDAVIT OF FACTS
FRANCES WALKER
SAYSHA SMITH
Defendant(s).
-----______________________________Ç
STATE OF MICHIGAN )
) SS:
COUNTY OF OAKLAND
THE UNDERSIGNED, BEING DULY SWORN, DEPOSES AND SAYS THAT:
FOR CREDIT ACCEPTANCE
CORPORATION, AND IN THAT CAPACITY COMPETENT TO TESTIFY TO THE FACTS
STATED HEREIN BASED UPON MY PERSONAL KNOWLEDGE OF SAID FACTS.
2. DURING THE COURSE OF ITS BUSINESS, CREDIT ACCEPTANCE CORPORATION
CREATES AND MAINTAINS RECORDS OF REGULARLY CONDUCTED BUSINESS ACTIVITES,
CONTEMPORANEOUS WITH EVENTS AS THE SAME OCCUR, INCLUSIVE OF THE RECORDS
OF THE ACCOUNT OF THE DEFENDANT(S): FRANCES WALKER AND SAYSHA SMITH
HAVE ACCESS TO SAID BUSINESS RECORDS AND AM FAMILIAR WITH THE CONTENTS
THEREOF.
4. THE BUSINESS RECORDS INDICATE THAT:
A. DEFENDANT(S) ENTERED INTO A RETAIL INSTALLMENT CONTRACT, AND
PLAINTIFF ACCEPTED ASSIGNMENT OF THAT CONTRACT;
B. DEFENDANT(S) HAS BREACHED THE CONTRACT BY FAILING TO MAKE ONE OR
MORE PAYMENTS WHEN DUE;
C. AFTER GIVING PROPER CREDIT FOR ALL PAYMENTS, REBATES, AND
SET-OFFS, THERE REMAINS DUE AND OWING UNDER THE CONTRACT THE SUM
OF $6992.43 PLUS INTEREST FROM 8/10/18
5. TO THE BEST OF MY KNOWLEDGE, THE BUSINESS RECORDS DO NOT INDICATE
THAT THE DEFENDANT IS CURRENTLY IN MILITARY SERVICE.
I HEREBY DECLARE OR AFFIRM UNDER THE PENALTIES OF PERJURY THAT THE
CONTENTS OF THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT .
Jai'Tanya Robertson
BY:
AFFIANT NAME (PRINT)
SUBSCRIBED SWO TO BEFORE ME THIS
DA OF , 20
'FÎANT IdNJ) TURE
NOTAiEY PUBLIC
FRANCHESCA SLOAN
Publjc,State of Michigart
Notary FOR PLAINTIFF
County of Macomb FORSTER & GARBUS ATTYS
JuL 1 2 22
My CommissionExpir 60 MOTOR PARKWAY, COMMACK NY 11725
itchCountyof 631-393-9400 10/25/21
Ading
1 of 2
FILED: SCHENECTADY COUNTY CLERK 04/11/2022 12:03 PM INDEX NO. 2021-1938
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/11/2022
CERTIFICATE OF CONFORMITY
The undersigned, an attorney duly admitted to practice law in
Michigan, swears under the penalty of perjury; that he/she makes this
affirmation in accordance with the requirements of New York CPLR
2309-,C, hat e egoing apknowledgement of
Jal anya o e . named in the foregoing instrument taken
before. lidOan , a notary public in the State of
Michigan, being the state in·which it was taken, and based upon my
review thereof, appears to cDnform with the laws of Michigan, as to
the purpose for which it is submitted and filed.
Datec)
'gnature]
SarahFimschild
[Print Name]
2 of 2
Document Filed Date
April 11, 2022
Case Filing Date
September 21, 2021
Category
Other Matters - Consumer Credit (Non-Card) Transaction
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FILED: SCHENECTADY COUNTY CLERK 04/11/2022 12:03 PM INDEX NO. 2021-1938 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/11/2022 SUPREME COURT OF THE STATE OF NEW YORK 3AAXXXX7006 COUNTY OF SCHENECTADY ___________________________________Ç CREDIT ACCEPTANCE CORPORATION Index No. 1938/21 Plaintiff, - Against - AFFIDAVIT OF FACTS FRANCES WALKER SAYSHA SMITH Defendant(s). -----______________________________Ç STATE OF MICHIGAN ) ) SS: COUNTY OF OAKLAND THE UNDERSIGNED, BEING DULY SWORN, DEPOSES AND SAYS THAT: FOR CREDIT ACCEPTANCE CORPORATION, AND IN THAT CAPACITY COMPETENT TO TESTIFY TO THE FACTS STATED HEREIN BASED UPON MY PERSONAL KNOWLEDGE OF SAID FACTS. 2. DURING THE COURSE OF ITS BUSINESS, CREDIT ACCEPTANCE CORPORATION CREATES AND MAINTAINS RECORDS OF REGULARLY CONDUCTED BUSINESS ACTIVITES, CONTEMPORANEOUS WITH EVENTS AS THE SAME OCCUR, INCLUSIVE OF THE RECORDS OF THE ACCOUNT OF THE DEFENDANT(S): FRANCES WALKER AND SAYSHA SMITH HAVE ACCESS TO SAID BUSINESS RECORDS AND AM FAMILIAR WITH THE CONTENTS THEREOF. 4. THE BUSINESS RECORDS INDICATE THAT: A. DEFENDANT(S) ENTERED INTO A RETAIL INSTALLMENT CONTRACT, AND PLAINTIFF ACCEPTED ASSIGNMENT OF THAT CONTRACT; B. DEFENDANT(S) HAS BREACHED THE CONTRACT BY FAILING TO MAKE ONE OR MORE PAYMENTS WHEN DUE; C. AFTER GIVING PROPER CREDIT FOR ALL PAYMENTS, REBATES, AND SET-OFFS, THERE REMAINS DUE AND OWING UNDER THE CONTRACT THE SUM OF $6992.43 PLUS INTEREST FROM 8/10/18 5. TO THE BEST OF MY KNOWLEDGE, THE BUSINESS RECORDS DO NOT INDICATE THAT THE DEFENDANT IS CURRENTLY IN MILITARY SERVICE. I HEREBY DECLARE OR AFFIRM UNDER THE PENALTIES OF PERJURY THAT THE CONTENTS OF THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT . Jai'Tanya Robertson BY: AFFIANT NAME (PRINT) SUBSCRIBED SWO TO BEFORE ME THIS DA OF , 20 'FÎANT IdNJ) TURE NOTAiEY PUBLIC FRANCHESCA SLOAN Publjc,State of Michigart Notary FOR PLAINTIFF County of Macomb FORSTER & GARBUS ATTYS JuL 1 2 22 My CommissionExpir 60 MOTOR PARKWAY, COMMACK NY 11725 itchCountyof 631-393-9400 10/25/21 Ading 1 of 2 FILED: SCHENECTADY COUNTY CLERK 04/11/2022 12:03 PM INDEX NO. 2021-1938 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/11/2022 CERTIFICATE OF CONFORMITY The undersigned, an attorney duly admitted to practice law in Michigan, swears under the penalty of perjury; that he/she makes this affirmation in accordance with the requirements of New York CPLR 2309-,C, hat e egoing apknowledgement of Jal anya o e . named in the foregoing instrument taken before. lidOan , a notary public in the State of Michigan, being the state in·which it was taken, and based upon my review thereof, appears to cDnform with the laws of Michigan, as to the purpose for which it is submitted and filed. Datec) 'gnature] SarahFimschild [Print Name] 2 of 2