On May 31, 2017 a
Complaint,Petition
was filed
involving a dispute between
Slm Private Education Loan Trust 2012-B,
and
Austin Green,
for Other Matters - Consumer Credit (Non-Card) Transaction
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 05/31/2017 08:08 AM INDEX NO. 154944/2017
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/31/2017
SUPREME COURT OF THE STATE OF NEW YORK INDEX # R
COUNTY OF NEW YORK SUMMONS
SLM PRIVATE EDUCATION LOAN PLAINTIFF'S ADDRESS
TRUST 2012-B PLAINTIFF, 300 CONTINENTAL DR
NEWARK DE 19713
- AGAINST - X
DEFENDANT'S ADDRESSES
AUSTIN GREEN 870 RIVERSIDE DR APT 3B
PO BOX 1911
DEFENDANT(S). NEW YORK NY 10025-1553
CONSUMER CREDIT TRANSACTION
THE BASIS OF THE VENUE IS:
A DEFENDANT RESIDES IN THE COUNTY OF NEW YORK
THE TRANSACTION TOOK PLACE IN THE COUNTY OF NEW YORK
TO THE ABOVE NAMED DEFENDANT(S): AUSTIN GREEN
10U 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 22 DAY OF MAY I 2017
FORSTER & GARBUS LLP
FILE NO. ATTORNEY(S) FOR PLAINTIFF
lFFRG542712 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
~HE COUNTY OF NEW YORK YOU MUST APPEAR AND ANSWER WITHIN 20 DAYS AFTER
SUCH SERVICE: OR
i (B) IF THIS SUMMONS IS SERVED BY DELIVERY TO ANY PERSON OTHER THAN YOU
,PERSONALLY, OR IS SERVED OUTSIDE THE COUNTY OF NEW YORK ,OR BY PUBLIÂ
iCATION, OR BY ANY MEANS OTHER THAN PERSONAL DELIVERY TO YOU WITHIN THE
COUNTY OF NEW YORK YOU ARE ALLOWED 30 DAYS AFTER SERVICE IS COMPLETE
iWITHIN WHICH TO APPEAR AND ANSWER.
DEFENDANT'S POB:
1 of 2
FILED: NEW YORK COUNTY CLERK 05/31/2017 08:08 AM INDEX NO. 154944/2017
NYSCEF
SUPREMEDOC. COURT
NO. 1 OF THE STATE OF NEW YORK RECEIVED NYSCEF: 05/31/2017
COUNTY OF NEW YORK FORMAL COMPLAINT
SLM PRIVATE EDUCATION LOAN
TRUST 2012-B PLAINTIFF,
- AGAINST Â
AUSTIN GREEN
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 $ 70,658.83 IS NOW DUE.
NO PART OF SAID SUM HAS BEEN PAID ALTHOUGH DULY DEMANDED.
$. DEFENDANT (S) IS IN DEFAULT AND DEMAND FOR PAYMENT HAS BEEN MADE.
PLAINTIFF IS THE ORIGINAL CREDITOR AND IS NOT REQUIRED TO BE LICENSED
BY THE NYC DEPARTMENT OF CONSUMER AFFAIRS.
INTEREST IS AT THE CONTRACT RATE OF:.0400.
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
, 70,658.83 WITH INTEREST THEREON FROM THE 31 DAY OF MAY 2016,
~OGETHER 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 22 DAY OF MAY , 2017
• KNABTESS E.GUNTHER
PURSUANT TO PART 130-1. I-a OF THE RULES OF THE
CHIEF ADMINISTRATOR THIS SIGNATURE APPLIES
TO THE ATTACHED SUMMONS AND COMPLAINT
FFRG542712 2 of 2
Document Filed Date
May 31, 2017
Case Filing Date
May 31, 2017
Category
Other Matters - Consumer Credit (Non-Card) Transaction
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
FILED: NEW YORK COUNTY CLERK 05/31/2017 08:08 AM INDEX NO. 154944/2017 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/31/2017 SUPREME COURT OF THE STATE OF NEW YORK INDEX # R COUNTY OF NEW YORK SUMMONS SLM PRIVATE EDUCATION LOAN PLAINTIFF'S ADDRESS TRUST 2012-B PLAINTIFF, 300 CONTINENTAL DR NEWARK DE 19713 - AGAINST - X DEFENDANT'S ADDRESSES AUSTIN GREEN 870 RIVERSIDE DR APT 3B PO BOX 1911 DEFENDANT(S). NEW YORK NY 10025-1553 CONSUMER CREDIT TRANSACTION THE BASIS OF THE VENUE IS: A DEFENDANT RESIDES IN THE COUNTY OF NEW YORK THE TRANSACTION TOOK PLACE IN THE COUNTY OF NEW YORK TO THE ABOVE NAMED DEFENDANT(S): AUSTIN GREEN 10U 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 22 DAY OF MAY I 2017 FORSTER & GARBUS LLP FILE NO. ATTORNEY(S) FOR PLAINTIFF lFFRG542712 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 ~HE COUNTY OF NEW YORK YOU MUST APPEAR AND ANSWER WITHIN 20 DAYS AFTER SUCH SERVICE: OR i (B) IF THIS SUMMONS IS SERVED BY DELIVERY TO ANY PERSON OTHER THAN YOU ,PERSONALLY, OR IS SERVED OUTSIDE THE COUNTY OF NEW YORK ,OR BY PUBLI iCATION, OR BY ANY MEANS OTHER THAN PERSONAL DELIVERY TO YOU WITHIN THE COUNTY OF NEW YORK YOU ARE ALLOWED 30 DAYS AFTER SERVICE IS COMPLETE iWITHIN WHICH TO APPEAR AND ANSWER. DEFENDANT'S POB: 1 of 2 FILED: NEW YORK COUNTY CLERK 05/31/2017 08:08 AM INDEX NO. 154944/2017 NYSCEF SUPREMEDOC. COURT NO. 1 OF THE STATE OF NEW YORK RECEIVED NYSCEF: 05/31/2017 COUNTY OF NEW YORK FORMAL COMPLAINT SLM PRIVATE EDUCATION LOAN TRUST 2012-B PLAINTIFF, - AGAINST  AUSTIN GREEN 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 $ 70,658.83 IS NOW DUE. NO PART OF SAID SUM HAS BEEN PAID ALTHOUGH DULY DEMANDED. $. DEFENDANT (S) IS IN DEFAULT AND DEMAND FOR PAYMENT HAS BEEN MADE. PLAINTIFF IS THE ORIGINAL CREDITOR AND IS NOT REQUIRED TO BE LICENSED BY THE NYC DEPARTMENT OF CONSUMER AFFAIRS. INTEREST IS AT THE CONTRACT RATE OF:.0400. 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 , 70,658.83 WITH INTEREST THEREON FROM THE 31 DAY OF MAY 2016, ~OGETHER 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 22 DAY OF MAY , 2017 • KNABTESS E.GUNTHER PURSUANT TO PART 130-1. I-a OF THE RULES OF THE CHIEF ADMINISTRATOR THIS SIGNATURE APPLIES TO THE ATTACHED SUMMONS AND COMPLAINT FFRG542712 2 of 2