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  • Discover Bank v. Miguel DejesusOther Matters - Consumer Credit (Card) Original Creditor Plaintiff document preview
  • Discover Bank v. Miguel DejesusOther Matters - Consumer Credit (Card) Original Creditor Plaintiff document preview
  • Discover Bank v. Miguel DejesusOther Matters - Consumer Credit (Card) Original Creditor Plaintiff document preview
  • Discover Bank v. Miguel DejesusOther Matters - Consumer Credit (Card) Original Creditor Plaintiff document preview
  • Discover Bank v. Miguel DejesusOther Matters - Consumer Credit (Card) Original Creditor Plaintiff document preview
  • Discover Bank v. Miguel DejesusOther Matters - Consumer Credit (Card) Original Creditor Plaintiff document preview
  • Discover Bank v. Miguel DejesusOther Matters - Consumer Credit (Card) Original Creditor Plaintiff document preview
  • Discover Bank v. Miguel DejesusOther Matters - Consumer Credit (Card) Original Creditor Plaintiff document preview
						
                                

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FILED: DUTCHESS COUNTY CLERK 08/11/2021 05:30 PM INDEX NO. 2021-50258 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 08/11/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF DUTCHESS Discover Bank Plainti ff v. Miguel Dejesus Defendant. Case No. AFFIDAVIT OF FACTS BY ORIGINAL CREDITOR The undersigned, being duly sworn, deposes and says: 1. I am a Litigation Support Coordinator for Discover Products Inc., the servicing affiliate of Discover Bank, and I have personal knowledge of and access to Plaintiff's books and records ("Business Records"), including electronic records, relating to the account ("Account") of Miguel Dejesus. The last four digits of the Account number are ************4118. 2. In my position, I have personal knowledge of Discover Products Inc.'s procedures for creating and maintaining itsBusiness Records. These Business Records were made in the regular course of business and itwas the regular course of such business to make the Business Records. The records were made at or near the time of the events recorded. Based on my review of the Business Records, I have personal knowledge of the facts set forth in this affidavit. 3. Plaintiff and Defendant entered into a credit agreement ("Agreement"). Defendant agreed to pay Plaintiff for all goods, services and cash advances provided pursuant to the Agreement. The amount of Jhe last payment, ifany, made by Defendant was $ Jd0,00 , made on or about 5/J/2o2O . Defendant is now in default and demand for payment has been made. A true and correct copy of the Agreement with the charge-off balance is attached as an exhibit to this affidavit. 4. At this Defendant owes $7,867.73 on the Account. This amount includes a charge- time, off balance of $8,367.73, total post-charge-off interest of $0.00, total post-charge-off fees and charges of $0.00, less any post-charge-off credits or payments made by or on behalf of the Defendant totaling $500.00. WHEREFORE, deponent demands judgment against Defendant for $7,867.73, together with the costs and disbursements of this action and statutory post judgment interest. The above statements are true and correct to the best of my personal knowled re. Dated: b? )) 02.) [ Name] Tad Sworn o before me this U v day o f , 20 DANIELLE A GRASSO if PUBLIC - OHIO NOTARY EXPlRES 05-08-24 MY COMMISSION (A Notary Public 1 of 7 FILED: DUTCHESS COUNTY CLERK 08/11/2021 05:30 PM INDEX NO. 2021-50258 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 08/11/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF DUTCHESS Discover Bank Plaintiff v. Miguel Dejesus Defendant. Case No. SUPPLEMENTAL AFFIDAVIT OF FACTS BY ORIGINAL CREDITOR The undersigned, being duly sworn, deposes and says: 1. name is CL . I am a Litigation Support My Coordinator for Discover Products Inc., successor by merger to DB Servicing Corporation, the servicing affiliate of credit card accounts owned by Plaintiff Discover Bank. I am a custodian of records for Discover Products Inc., and I am duly authorized to make the following representations. I make this supplemental affidavit in support of Plaintiff Discover Bank's request for the entry of judgment in this matter against Miguel Dejesus ("Defendant"). 2. Defendant's credit card account was originated by Discover Bank. Discover Products Inc. exclusively services and maintains the business records, including the account information related to the Defendant's account, on behalf of Discover Bank. Discover Products Inc. does not collect debts for any creditors other than Discover Bank. As custodian of records for Discover Bank, I have personal knowledge of the facts set forth in the accompanying Affidavit of Facts by Original Creditor ("Affidavit of Facts") based upon my review of the records created, maintained, and stored by Discover Products Inc. The above are and correct the best h° statements true to of my personal knowledge. Dated: f )l Î202.1 ocW' Name: -y v i l Sworn to before me this day of )|f\1 , 20 1( otary Public DANIELLE A GRASSO PUBLIC - OHIO NOTARY f. EXPlRES 05-08-24 MY COMMISSION 2 of 7 FILED: DUTCHESS COUNTY CLERK 08/11/2021 05:30 PM INDEX NO. 2021-50258 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 08/11/2021 DISCcVER DISCOVER® MORE® CARDENDINGIN4118 CARDMEMBERSINCE 2012 Account o2/26/2020-o2/2s/2020 Payment Information Summary PreviousBalance $8,367.73 New Balance Minimum Payment Payment Due Date Payments and Credits -$8,367.73 50.00 $1,151.71 03/23/2020 Purchases +$0.00 Balance Transfers +$0.00 Late payment warning: If we do not receive your minimum payment by the date Cash Advances +$0.00 listed above, you may have to pay a late fee of up to $39.00 and your purchase and balance transfer APRs for new transactions may be Increased up to the Penalty APR Fees Charged +$0.00 of 29.99%. Charged Interest +$0.00 New Balance: $0.00 See Interest Charge Calculationsection followingthe Fees and Charged section for detailed Interest APR information CreditLine $9,000 CreditLine Available $0 Cash Advance CreditLine $1,800 Cash Advance CreditLine Available $0 Your FICO®Score is unavailable. Log in at Discover.com/FICO or contact us at 1-800-347-2683 to learn why. New York Residents: call us at 1-800- For more information 347-2683.You may contact the New York State Department of Financial Services at 1-800-342-3736 for or visit www.dfs.ny.gov free information credit card rates, fees and grace on comparative periods. Notice: See reverse side for importantinformation Pa ment Coupon ACCOUNTNUMBERENDINGIN 4118 Detach at perforation above and return with check payable to New Balance SO.00 Discover. Do not fold, clip, staple or send cash. Minimum Payment Due $1,151.71 Payment Due Date 03/23/2020 AmountEnclosed $ MIGUEL DEJESUS , •- For a faster, easier Discover.com 1-800-347-2683 7 W MARKET ST . way !o pav... off times see reverse for paymenuot HYDE PARK NY 12538-1303 PO BOX 6103 CAROL STREAM IL 60197-6103 New address, email or phone? Please update on reverse. 000001986458106037696000000000035000115171 3 of 7 FILED: DUTCHESS COUNTY CLERK 08/11/2021 05:30 PM INDEX NO. 2021-50258 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 08/11/2021 DISCOVER®MORE® CARDENDINGIN4118 Page2 of 4 MIGUELDE)ESUS OPENTOCLOSEDATE:02 / 26/2020 -02/28/ 2020 Important Information Minimum Payment Due, (iii) statement Minimum Payment Due plus a fixed dollar amount" amount, or liv) other dollar amount. If your scheduled "Other dollar Seeyour CardmemberAgreement. Your CardmemberAgreement contains all the terms of your Account. payment is not enough to cover the Minimum Payment Due as listed on your monthly billing statement, your scheduled payment for that month will be increased to cover Lost or Stolen Cards.Report immediately! Call 1-800-347-2683. the Minimum PaymentDue. If the scheduled payment is greater than the Minimum Payment Due, any excesswill be applied in accordance with your Cardmember What To DoIfYouThink You FindAMistake On Your Statement: If you think there is Agreement. If your scheduled payment is greater than the New Balanceon your billing an error on your statement, write to us at Discover, POBox 30421, Salt I.ake City. UT statement, that payment will be processed only for the amount of your NewBalance. 84130-0421, or submit the form provided at https://discover.com/billingerromotice. Your automatic payment amount may be less than the amount indicated on the billing You must contact us within 60 days after the error appeared on your statement. You statement based on credits or payments after the Close Date. may call us, but if you do we are not required to investigate any potential errors, and If you enroll by phone in our automatic payment service, please fill-in the following you may have to pay the amount in question. The Billing Rights Notice further explainsyour rights. Pleasesee your CardmemberAgreement or visit blanks below and retain the authorization for your records. for a copy of this Notice. https://discover.com/billingrights Amount Payments, You may pay all or part of your Account balance at any time. However, you O Full Pay OMin Pay must pay at least the Minimum Payment Due by the PaymentDue Date. 5end only OMin OOther Amount $ Pay+$ your allowable form of payment ("Payment") and the bottom portion of this statement Bank Routing # in the envelope provided, after affixing postage. Paymentssent without proper Bank Account # postage will be retumed to the sender. Ifyou pay by check. you authorize us to use informationon your check to make an electronic fund transfer from your account at Monthly on theOPaymentDue Date, or Û Day of the month (INSERTDATE) indicated on your check or to process the payment as a check the financialinstitution transaction.If a Paymentis processed as an electronic fund transfer, the transfer will Credit Reporting, Credit Reporting. We may report information about your Account to be for the amount of the check,funds may be withdrawn from your account as soon credit bureaus. Late payments, missed payments, or other defaults on your Account as the same day we receive your check, and you will not receiveyour check back may be reflected in your credit report. Wenormallyreport the status and payment history of your Account to credit reporting agencies each month. If you believe that Pleasedonot send cash.5ending cash is not allowed. The processing of your our report is inaccurate or incomplete, please wnte us at this address: Discover. PO allowable form of Payment may be delayed if you send cash or correspondence with Box 30939, Salt Lake City, UT84130-0939. your Payments,ifyou send the Payment to any other address, or if you use an Please include your name.address, home telephone number and Account number. envelope other than the one provided. Paymentsreceived at our processing facility by SPMlocal time on any day will be credited to your Account as of that day. Paying interest. Your due date is at least 25 days after the close of each billing period Paymentsreceived at our processing facility after SPMlocal time will be credited to (at least 23 days for billing periods that begin in February).Wewlil not charge you any your Account as of the next day. If you have misplaced your envelope, send your interest on Purchasesif you pay your entire balance by the due date each month. We Paymentto Discover, POBox 6103, Carol Stream, IL 60197-6103. Pleaseallow 7-10 will begin charging interest on Cash Advances and Balance Transfersas of the later of days for delivery. If your Paymentis returned unpaid, we reservethe right to resubmit the Transaction Date or the first day of the billing period in which the transaction it as an electronic debit. Paymentsmade online or by phone willbe credited as of the posted to your Account. day of receipt if made by 5PM ET. How We Calculate Interest Charges.We Use the Daily Balance Method (including You can also makea Paymentor set up automatic payments by calling 1-800-347- current transactions) to calculate the Balance Subject to Interest Rate.Formore 2683. Automatic payments for the bilhng penod shown on your statement will be information, please call us at 1-800-347-2683. deducted on the PaymentDue Date shown on that statement, or the next automalic payment date referred to on your statement. unless you request a recurring payment Rate. Your statement shows a BalanceSubject to Balance Subject To Interest date that occurs before your Payment Due Date. II yuur scheduled payment date falls Interest Rate. It shows this for each transaction category. The Balance Subject to on a weekend or bank hohday, your payment will be processed the business day Interest Rate is the averageof the daily balances during the billing period. prior to the weekend or bank holiday. In order to schedule monthly payments by telephone, you will need this statement and your bank account information.You will Credit Balances. If your Account has a credit balance, the amount is shown on the be asked to provide the last four (4) digits of the social secunty number of the front of your billing statement. A credit balance is money that is owed to you. You may rimary borroweras your electronic signature. By providing those numbers, you will make charges against this amount if your Account is open. We will sendyou a refund eagreeing to this authorization to allow us and your bank to deduct each payment of any remainingbalance of $1,00 or more after6 months, or as otherwise required by applicable law, or upon request made to the address in the Contact Us section on you authorize, in the amount selected by you, from your bank account. You also authorize us to initiate debit or credit entries to your bank account, as applicable, to page 3 of your billing statement. correct an error in the processing of such payment. You can cancel a scheduled BalanceTransfers, BalanceTransfersareoffered at our discretion and accrue interest payment by phone at 1 800 347 2683 or by mail at Dh,cover, POBox 30421, Salt Lake City, UT84130-0421: at the standard purchase rate unless we tell you otherwise. payment cancellations must be received before 5 PM ET of the scheduled withdrawal date. Payments from Cashback Bonus cannot be record telephone calls between you and Discover Discover may monitorand/or modified or cancelled after being made or scheduled. representatives for quality assurance purposes. If your payments mayvary in amount, we will tell you on each monthly billing Send inquiries to Discover, POBox30943 statement when your payment will be made and how much it will be. You must ensure Salt Lake City UT84130 that sufficient funds are availablein your bank account, and all transactions must The Discover® card is issued by Discover Bank, Member FDIC. comply with U.S. law· TL23-27N.1219 You can set up automatic payments for: (i) statement New Balance.(ii) statement Change of Address If correct on front, do not use.To make changesto your address, email or telephone number, please print clearly in blue or black ink, in the space provided or visit Discover.com. StreetAddress HomePhone WorkPhone City Email State,Zip 4 of 7 FILED: DUTCHESS COUNTY CLERK 08/11/2021 05:30 PM INDEX NO. 2021-50258 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 08/11/2021 ONLINE PHONE PAYMENTS Page3 of 4 DISC©VER Discover.com or 1-800-347-2683 Discover DISCOVER® MORE® CARDENDINGIN4118 download our app TDD 1-800-347-7449 POBox 6103 OPENTOCLOSEDATE:02/26/2020 - 02/28/2020 Carol Stream IL 60197-6103 Bonus® Transactions Cashback Rewards TRANS. Anniversary Month May DATE PAYMENTSAND CREDITS AMOUNT PREVIOUS BALANCE $0.00 02/28 CHARGE OFF ACCOUNT-PRINCIPALS -$8,367.73 EARNED THIS PERIOD +$0.00 REDEEMED THIS PERIOD -$0.00 Fees and Interest Charged CASHBACK BONUS BALANCE $0.00 TOTAL FEES FOR THIS PERIOD $0.00 TOTAL INTEREST FOR THIS PERIOD $0.00 2020 TOTALSYEAR-TO-DATECHARGED AMOUNT TOTALFEESCHARGEDIN 2020 $0.00 TOTALINTERESTCHARGEDIN 2020 $14.06 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. CURRENTBILLING PERIOD:3 DAYS PROMO BALANCESUB)ECT INTEREST APR' EXPIRES" TYPEOF BALANCE APR TO INTERESTRATE CHARGE Purchases 04/14/2019 and after 0.99% *** $0.00 $0.00 05/09/2012 to 04/13/2019 0.99% *** $0.00 $0.00 Cash Advances 0.99% *** $0.00 $0.00 V = VARIABLERATE * If your account is a special program or is placed into oneduring the term of the offer, you will currently enrolledin receive the benefit of the lower rate while the special program is in effect, This includes, if applicable, any lower rates as authorized under the ServicemembersCivil Relief Act. ** This is the date your promotionat rate expires and the remaining balance will be moved to your standard APR disclosed when you accepted the offer. Pleasenote: Changing your payment due date may change your PromoAPR Expiration Date. ***Formore information, please call us at 1-800-347-2683. Information For You Availabilityof FICO® CreditScore As an active you may see yourFICO® Credit Score on your statementor online. FICO®Credit Score Reasons why you may not see your cardmember, monthly include: if you opt out; if you have key information or missing, that is mismatched as one example,an address change that has not been updated with Discover or TransUnion; if your credit is too new; if your account status history is abandoned, fraud, lost or stolen, bankrupt, revoked, or charged off; if you have a closed, address. Your FICO®Score is disclosed foreign on statements when your statement is available. You may not receive a statement if you have no account activity such as no purchase transactions, or payments for approximately fees, interest, 30 days. of the Fair Isaac Corporation FICOis a registered trademark in the United States and other countries. 5 of 7 FILED: DUTCHESS COUNTY CLERK 08/11/2021 05:30 PM INDEX NO. 2021-50258 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 08/11/2021 DISCOVER®MORE® CARDENDINGIN4118 Page4 of 4 MIGUELDEJESUS OPENTOCLOSEDATE:O2/26/2020 - O2/28/2020 6 of 7 FILED: DUTCHESS COUNTY CLERK 08/11/2021 05:30 PM INDEX NO. 2021-50258 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 08/11/2021 I, Aaron Wilson, Esq., an attorney-at-law of the State of Ohio who resides in the State of Ohio and is fully acquainted with the laws of the State of Ohio pertaining to the acknowledgment or proof of deeds of real property to be recorded therein, do hereby certify that I am duly qualified to make this Certificate of Conformity pursuant to 299-a of the Real Property Law of the State of New York and hereby certify that the acknowledgment or proofupon the foregoing document in the above referenced matter notarized by Danielle A Grasso a Notary Public in the State of Ohio, in the manner prescribed by the laws of the State of Ohio and conforms to the laws thereof in all respects. 11d2 IN WITNESS WHEREOF, I have set my hand and affixed my seal tothis document, this day of June 2021. Aaron Wilso sq. (Ohio Supreme Ct. #0083516) Attorney at aw, State of Ohio 7 of 7