Complaint,Petition: Resurgent Receivables Llc v. Thomas Brown

On March 17, 2023 a Complaint,Petition was filed involving a dispute between Resurgent Receivables Llc, and Thomas Brown, for Other Matters - Consumer Credit (Card) Debt Buyer Plaintiff in the District Court of Clinton County.

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FILED: CLINTON COUNTY CLERK 03/17/2023 03:23 PM INDEX NO. 2023-00023165
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/17/2023

File # B330220
CONSUMER CREDIT TRANSACTION

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF CLINTON
---------------------------------
RESURGENT RECEIVABLES LLC
Plaintiff, Index No.
-against- SUMMONS
THOMAS BROWN
Plaintiff's Residence Address
355 S MAIN STREET SUITE 300-J
GREENVILLE SC 29601
Defendant(s).
The Basis of this venue
designated is:
Defendant's residence
---------------------------------
Defendant's Residence Address:
1083 MILITARY TPKE
PLATTSBURGH, NY 129015932
YOU ARE HEREBY SUMMONED to answer the complaint in this
action and to serve a copy of your answer, or, if the complaint
is not served with this summons, to serve a notice of appearance
on the plaintiff's attorney within twenty (20) days after the
service of this summons exclusive of the days of service (or
within thirty (30) days after the service is complete if this
summons is not personally delivered to you within the State of
New York).
You are hereby notified that should you fail to appear or
answer, judgment will be taken against you by default for the
relief demanded in the complaint.
Dated: 03/15/2023 PRESSLER, FELT & WARSHAW, LLP
Attorneys for Plaintiff
305 Broadway Suite 505
New York, NY 10007
(888)312-8600
[X] By:
____________________________
Ian Z. Winograd , Esq.
[ ] By:____________________________
David B. Warshaw Esq.
[ ] By:____________________________
Ryan R. Tappan Esq.
[ ] By:____________________________
Craig S. Stiller Esq.
[ ] By:____________________________
Howard Schachter Esq.
[ ] By:____________________________
Patrick Wong Esq.

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FILED: CLINTON COUNTY CLERK 03/17/2023 03:23 PM INDEX NO. 2023-00023165
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/17/2023

File # B330220
SUPREME COURT OF THE STATE OF NEW YORK - COUNTY OF CLINTON
----------------------------------
RESURGENT RECEIVABLES LLC
Plaintiff(s) Index No.
-against- COMPLAINT
THOMAS BROWN
Defendant(s)
----------------------------------
Plaintiff through its attorney, Pressler, Felt & Warshaw, LLP
complains of the Defendant(s) and alleges upon information and
belief as follows:

FACTS COMMON TO ALL COUNTS
1. RESURGENT RECEIVABLES LLC (hereinafter "Plaintiff") is a
limited liability company formed under the the laws of the State
of Delaware.
2. THOMAS BROWN (hereinafter "Defendant") resides within the
jurisdictional limits of this court.
3. Plaintiff is the current owner of the obligation sued upon,
and was assigned all the rights, title and interest to
Defendant's CREDIT ONE BANK, N.A. account number ending in 9034
(hereinafter "the Account").
4. The Plaintiff is not the original creditor. The Account
originated with CREDIT ONE BANK, N.A. The name of the entity that
owned the Account at the date of default giving rise to a cause
of action is CREDIT ONE BANK, N.A. The chain of title including
CREDIT ONE BANK, N.A. and all post default owners of the debt are
as follows:
a. CREDIT ONE BANK, N.A. to MHC RECEIVABLES, LLC AND
FNBM, LLC on 07/31/20 with an amount due at the time of
sale or assignment in the amount of $1,683.57.
b. MHC RECEIVABLES, LLC AND FNBM, LLC to SHERMAN
ORIGINATOR III LLC on 08/13/20.
c. SHERMAN ORIGINATOR III LLC to RESURGENT RECEIVABLES
LLC on 08/13/20.

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FILED: CLINTON COUNTY CLERK 03/17/2023 03:23 PM INDEX NO. 2023-00023165
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/17/2023

FIRST CAUSE OF ACTION
5. Plaintiff repeats and incorporates the allegations set forth
in FACTS COMMON TO ALL COUNTS as if set forth at length herein.
6. Plaintiff alleges that Defendant is the responsible person for
this Account.
7. Upon information and belief, the statute of limitations for
the cause of action asserted herein is 3 years and therefore has
not expired.
8. Attached is a copy of the charge off statement.
9. The last four digits of the account number printed on the most
recent monthly statement recording a purchase transaction, last
payment or balance transfer is 9034.
10. The Account balance printed on the most recent monthly
statement recording a purchase transaction, last payment or
balance transfer is $1,198.54.
11. The last payment to the Account was on 08/30/21 in the amount
of $10.00.
12. By use of the Account, Defendant agreed to pay all the
amounts due on the Account.
13. Defendant failed to repay the balance owed on the Account,
which is now in default.
14. The amount due is $1,563.57, which is itemized as follows:
a. The total amount of the debt due as of charge-off:
$1,683.57.
b. The total amount of interest accrued since charge-off:
$0.00.
c. The total amount of non-interest charges or fees
accrued since charge-off: $0.00.
d. The total amount of payments and/or credits made on
the debt since charge-off:$120.00
15. There is now due and owing the Plaintiff, as the assignee of
the Account, from Defendant, the sum of $1,563.57.

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FILED: CLINTON COUNTY CLERK 03/17/2023 03:23 PM INDEX NO. 2023-00023165
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/17/2023

WHEREFORE, Plaintiff demands judgment against THOMAS BROWN
for the sum of $1,563.57 plus costs and disbursements of this
action and for such further and other relief as the Court deems
just and proper.

Dated: 03/15/2023 PRESSLER, FELT & WARSHAW, LLP
Attorneys for Plaintiff
305 Broadway Suite 505
New York, NY 10007
(888)312-8600
[X] By:
____________________________
Ian Z. Winograd , Esq.
[ ] By:____________________________
David B. Warshaw Esq.
[ ] By:____________________________
Ryan R. Tappan Esq.
[ ] By:____________________________
Craig S. Stiller Esq.
[ ] By:____________________________
Howard Schachter Esq.
[ ] By:____________________________
Patrick Wong Esq.

THIS COMMUNICATION IS FROM A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A
DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.

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FILED: CLINTON COUNTY CLERK 03/17/2023 03:23 PM INDEX NO. 2023-00023165
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/17/2023

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF CLINTON
------------------------------------------------------------------x
RESURGENT RECEIVABLES LLC

Plaintiff/Petitioner,

- against - Index No.
THOMAS BROWN

Defendant/Respondent.
------------------------------------------------------------------x
NOTICE OF ELECTRONIC FILING
(Mandatory Case)
(Uniform Rule § 202.5-bb)

You have received this Notice because:

1) The Plaintiff/Petitioner, whose name is listed above, has filed this case using the
New York State Courts E-filing system (“NYSCEF”), and

2) You are a Defendant/Respondent (a party) in this case.

! If you are represented by an attorney:
Give this Notice to your attorney. (Attorneys: see “Information for Attorneys” pg. 2).

! If you are not represented by an attorney:
You will be served with all documents in paper and you must serve and file your
documents in paper, unless you choose to participate in e-filing.

If you choose to participate in e-filing, you must have access to a computer and a
scanner or other device to convert documents into electronic format, a connection
to the internet, and an e-mail address to receive service of documents.

The benefits of participating in e-filing include:

! serving and filing your documents electronically

! free access to view and print your e-filed documents

! limiting your number of trips to the courthouse

! paying any court fees on-line (credit card needed)

To register for e-filing or for more information about how e-filing works:

! visit: www.nycourts.gov/efile-unrepresented or
! contact the Clerk’s Office or Help Center at the court where the case was filed. Court
contact information can be found at www.nycourts.gov

Page 1 of
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FILED: CLINTON COUNTY CLERK 03/17/2023 03:23 PM INDEX NO. 2023-00023165
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/17/2023

To find legal information to help you represent yourself visit www.nycourthelp.gov

Information for Attorneys
(E-filing is Mandatory for Attorneys)

An attorney representing a party who is served with this notice must either:

1) immediately record his or her representation within the e-filed matter on the
NYSCEF site www.nycourts.gov/efile ; or

2) file the Notice of Opt-Out form with the clerk of the court where this action is
pending and serve on all parties. Exemptions from mandatory e-filing are limited to
attorneys who certify in good faith that they lack the computer hardware and/or
scanner and/or internet connection or that they lack (along with all employees subject
to their direction) the knowledge to operate such equipment. [Section 202.5-bb(e)]

For additional information about electronic filing and to create a NYSCEF account, visit the
NYSCEF website at www.nycourts.gov/efile or contact the NYSCEF Resource Center
(phone: 646-386-3033; e-mail: nyscef@nycourts.gov).

Dated: 03/15/2023

Ian Z. Winograd
______________________________ 305 Broadway Suite 505
Name _______________________________
Pressler, Felt & Warshaw, LLP New York, NY 10007
______________________________ _______________________________
Firm Name Address

1-888-312-8600
_______________________________
Phone

IWinograd@pressler-pressler.com
E-Mail

To: THOMAS BROWN

1083 MILITARY TPKE

PLATTSBURGH, NY 129015932

PFW File Number B330220 2/24/20

Index # Page 2 6of 2
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Document Filed Date

March 17, 2023

Case Filing Date

March 17, 2023

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Complaint,Petition: Resurgent Receivables Llc v. Thomas Brown

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