On December 23, 2016 a
Complaint,Petition
was filed
involving a dispute between
Lvnv Funding Llc,
and
Wilfredo Duran,
for Other Matters - Consumer Credit (Card) Debt Buyer Plaintiff
in the District Court of Westchester County.
Preview
FILED: WESTCHESTER COUNTY CLERK 12/23/2016 03:45 PM INDEX NO. 69547/2016
NYSCEF
SUPREME DOC. COURT
NO. 1 OF THE STATE OF NEW YORK INDEX # RECEIVED NYSCEF: 12/23/2016
R
COUNTY OF WESTCHESTER SUMMONS
LVNV FUNDING LLC PLAINTIFF'S ADDRESS
PLAINTIFF, 625 PILOT RD, STE 3
LAS VEGAS NV 89119
- AGAINST - X
DEFENDANT'S ADDRESSES
WILFREDO DURAN 304 MCLEAN AVE
APT 2
DEFENDANT(S). YONKERS NY 10705-4489
GONSUMER CREDIT TRANSACTION
~E BASIS OF THE VENUE IS:
A DEFENDANT RESIDES IN THE COUNTY OF WESTCHESTER
THE TRANSACTION TOOK PLACE IN THE COUNTY OF WESTCHESTER
TO THE ABOVE NAMED DEFENDANT (S): WILFREDO DURAN
YOU 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
$ERVICE (OR WITHIN 30 DAYS AFTER THE SERVICE IS COMPLETE IF THIS
SUMMONS IS NOT PERSONALLY DELIVERED TO YOU WITHIN THE STATE OF NEW YORK) .
I
qPON YOUR FAILURE TO ANSWER, JUDGMENT WILL BE TAKEN AGAINST YOU FOR THE
~LIEF DEMANDED IN THE COMPLAINT, TOGETHER WITH THE DISBURSEMENTS OF
'.1j'HIS ACTION.
DATED THE 19 DAY OF DECEMBER , 2016
FORSTER & GARBUS LLP
FILE NO. ATTORNEY(S) FOR PLAINTIFF
Q64624656089 60 MOTOR PARKWAY
ORIG CRED: CREDIT ONE BANK, N .A.
ORIG ACCT# END IN: 0073 (631) 393-9400
ijOTE: THE LAW PROVIDES THAT:
i (A) IF THIS SUMMONS IS SERVED BY ITS DELIVERY TO YOU PERSONALLY WITHIN
tHE COUNTY OF WESTCHESTER YOU MUST APPEAR AND ANSWER WITHIN 20 DAYS AFTER
SUCH SERVICE: OR
(B) IF THIS SUMMONS IS SERVED BY DELIVERY TO ANY PERSON OTHER THAN YOU
~ERSONALLY, OR IS SERVED OUTSIDE THE COUNTY OF WESTCHESTER , OR BY PUBLIÂ
CATION, OR BY ANY MEANS OTHER THAN PERSONAL DELIVERY TO YOU WITHIN THE
¢OUNTY OF WESTCHESTER YOU ARE ALLOWED 30 DAYS AFTER SERVICE IS COMPLETE
WITHIN WHICH TO APPEAR AND ANSWER.
DEFENDANT'S POB:
1 of 2
$UPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER FORMAL COMPLAINT
LVNV FUNDING LLC
PLAINTIFF,
- AGAINST Â
WILFREDO DURAN
DEFENDANT (S) .
, PLAINTIFF, BY ITS ATTORNEY(S), COMPLAINING OF THE DEFENDANT(S), UPON
lNFORMATION AND BELIEF, ALLEGES:
J!.. THAT THE DEFENDANT(S) RESIDES IN THE COUNTY IN WHICH THIS ACTION IS
~ROUGHTi 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. ON INFORMATION AND BELIEF THE DEFENDANT IN PERSON OR THROUGH
AN AGENT MADE CREDIT CARD PURCHASES UNDER A CREDIT AGREEMENT
~T DEFENDANT'S REQUEST - A COPY OF WHICH WAS FURNISHED TO
DEFENDANT. PLAINTIFF, AS PURCHASER OF THIS ACCOUNT, WHICH WAS ORIGINALLY
OWNED BY THE BELOW CREDITOR, PURCHASED IT FOR VALUE. THE DEFENDANT WAS NOTIFIED
OF SAME.
3. THERE REMAINS AN AGREED BALANCE ON SAID ACCOUNT OF $ 2, 266. 80 ,DUE AND
OWING ON PLAINTIFF'S CAUSE OF ACTION. NO PART OF SAID SUM HAS BEEN PAID ALTHOUGH
DULY DEMANDED.
4. DEFENDANT (S) IS IN DEFAULT AND DEMAND FOR PAYMENT HAS BEEN MADE.
S. PLAINTIFF, AS OWNER, IS AUTHORIZED TO PROCEED WITH THIS ACTION.
CHAIN OF TITLE: .
ijVNV Funding LLC who purchased th~s account from Sherman Originator LLC on
q7/13/2016 who purchased this account from Sherman Originator III LLC on
07/13/2016 who purchased this account from FNBM, LLC on 07/13/2016 who purchased
~his account from Credit One Bank, N.A. on 07/13/2016.
I
rlEFAULT DATE 12/03/2015. ORIGINAL CREDITOR: CREDIT ONE BANK, N.A.
GRIGINAL ACCOUNT NUMBER ENDING IN: 0073
GN INFORMATION AND BELIEF THE CAUSES OF ACTION ASSERTED THEREIN ARE NOT
GUTSIDE OF THE APPLICABLE STATUTE OF LIMITATIONS FOR ENFORCING THE DEBT.
~HERE IS NOW DUE PLAINTIFF FROM DEFENDANT (S) THE AMOUNT SET FORTH IN
THE COMPLAINT, NO PART OF WHICH HAS BEEN PAID, ALTHOUGH DULY DEMANDED.
vtHEREFORE, PLAINTIFF DEMANDS JUDGMENT AGAINST DEFENDANT (S) FOR THE SUM OF
I 2,266.80 WITH INTEREST THEREON FROM THE 5 DAY OF JUNE , 2016,
iOGETHER WITH THE DISBURSEMENTS OF THIS ACTION
~ ARE DEBT COLLECTORSi 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 19 DAY OF DECEMBER , 2016
VALERIE E. WATTS JOEL D. LEIDEAMAN
KEVIN M. KNABTESS E.GUNTHER
PURSUANT TO PART 130-1. I-a OF THE RULES OF THE
CHIEF ADMINISTRATOR THIS SIGNATURE APPLIES
TO THE A TTACHED SUMMONS AND COMPLAINT
2 of 2
064624656089
Document Filed Date
December 23, 2016
Case Filing Date
December 23, 2016
Category
Other Matters - Consumer Credit (Card) Debt Buyer Plaintiff
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FILED: WESTCHESTER COUNTY CLERK 12/23/2016 03:45 PM INDEX NO. 69547/2016 NYSCEF SUPREME DOC. COURT NO. 1 OF THE STATE OF NEW YORK INDEX # RECEIVED NYSCEF: 12/23/2016 R COUNTY OF WESTCHESTER SUMMONS LVNV FUNDING LLC PLAINTIFF'S ADDRESS PLAINTIFF, 625 PILOT RD, STE 3 LAS VEGAS NV 89119 - AGAINST - X DEFENDANT'S ADDRESSES WILFREDO DURAN 304 MCLEAN AVE APT 2 DEFENDANT(S). YONKERS NY 10705-4489 GONSUMER CREDIT TRANSACTION ~E BASIS OF THE VENUE IS: A DEFENDANT RESIDES IN THE COUNTY OF WESTCHESTER THE TRANSACTION TOOK PLACE IN THE COUNTY OF WESTCHESTER TO THE ABOVE NAMED DEFENDANT (S): WILFREDO DURAN YOU 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 $ERVICE (OR WITHIN 30 DAYS AFTER THE SERVICE IS COMPLETE IF THIS SUMMONS IS NOT PERSONALLY DELIVERED TO YOU WITHIN THE STATE OF NEW YORK) . I qPON YOUR FAILURE TO ANSWER, JUDGMENT WILL BE TAKEN AGAINST YOU FOR THE ~LIEF DEMANDED IN THE COMPLAINT, TOGETHER WITH THE DISBURSEMENTS OF '.1j'HIS ACTION. DATED THE 19 DAY OF DECEMBER , 2016 FORSTER & GARBUS LLP FILE NO. ATTORNEY(S) FOR PLAINTIFF Q64624656089 60 MOTOR PARKWAY ORIG CRED: CREDIT ONE BANK, N .A. ORIG ACCT# END IN: 0073 (631) 393-9400 ijOTE: THE LAW PROVIDES THAT: i (A) IF THIS SUMMONS IS SERVED BY ITS DELIVERY TO YOU PERSONALLY WITHIN tHE COUNTY OF WESTCHESTER YOU MUST APPEAR AND ANSWER WITHIN 20 DAYS AFTER SUCH SERVICE: OR (B) IF THIS SUMMONS IS SERVED BY DELIVERY TO ANY PERSON OTHER THAN YOU ~ERSONALLY, OR IS SERVED OUTSIDE THE COUNTY OF WESTCHESTER , OR BY PUBLI CATION, OR BY ANY MEANS OTHER THAN PERSONAL DELIVERY TO YOU WITHIN THE ¢OUNTY OF WESTCHESTER YOU ARE ALLOWED 30 DAYS AFTER SERVICE IS COMPLETE WITHIN WHICH TO APPEAR AND ANSWER. DEFENDANT'S POB: 1 of 2 $UPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER FORMAL COMPLAINT LVNV FUNDING LLC PLAINTIFF, - AGAINST  WILFREDO DURAN DEFENDANT (S) . , PLAINTIFF, BY ITS ATTORNEY(S), COMPLAINING OF THE DEFENDANT(S), UPON lNFORMATION AND BELIEF, ALLEGES: J!.. THAT THE DEFENDANT(S) RESIDES IN THE COUNTY IN WHICH THIS ACTION IS ~ROUGHTi 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. ON INFORMATION AND BELIEF THE DEFENDANT IN PERSON OR THROUGH AN AGENT MADE CREDIT CARD PURCHASES UNDER A CREDIT AGREEMENT ~T DEFENDANT'S REQUEST - A COPY OF WHICH WAS FURNISHED TO DEFENDANT. PLAINTIFF, AS PURCHASER OF THIS ACCOUNT, WHICH WAS ORIGINALLY OWNED BY THE BELOW CREDITOR, PURCHASED IT FOR VALUE. THE DEFENDANT WAS NOTIFIED OF SAME. 3. THERE REMAINS AN AGREED BALANCE ON SAID ACCOUNT OF $ 2, 266. 80 ,DUE AND OWING ON PLAINTIFF'S CAUSE OF ACTION. NO PART OF SAID SUM HAS BEEN PAID ALTHOUGH DULY DEMANDED. 4. DEFENDANT (S) IS IN DEFAULT AND DEMAND FOR PAYMENT HAS BEEN MADE. S. PLAINTIFF, AS OWNER, IS AUTHORIZED TO PROCEED WITH THIS ACTION. CHAIN OF TITLE: . ijVNV Funding LLC who purchased th~s account from Sherman Originator LLC on q7/13/2016 who purchased this account from Sherman Originator III LLC on 07/13/2016 who purchased this account from FNBM, LLC on 07/13/2016 who purchased ~his account from Credit One Bank, N.A. on 07/13/2016. I rlEFAULT DATE 12/03/2015. ORIGINAL CREDITOR: CREDIT ONE BANK, N.A. GRIGINAL ACCOUNT NUMBER ENDING IN: 0073 GN INFORMATION AND BELIEF THE CAUSES OF ACTION ASSERTED THEREIN ARE NOT GUTSIDE OF THE APPLICABLE STATUTE OF LIMITATIONS FOR ENFORCING THE DEBT. ~HERE IS NOW DUE PLAINTIFF FROM DEFENDANT (S) THE AMOUNT SET FORTH IN THE COMPLAINT, NO PART OF WHICH HAS BEEN PAID, ALTHOUGH DULY DEMANDED. vtHEREFORE, PLAINTIFF DEMANDS JUDGMENT AGAINST DEFENDANT (S) FOR THE SUM OF I 2,266.80 WITH INTEREST THEREON FROM THE 5 DAY OF JUNE , 2016, iOGETHER WITH THE DISBURSEMENTS OF THIS ACTION ~ ARE DEBT COLLECTORSi 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 19 DAY OF DECEMBER , 2016 VALERIE E. WATTS JOEL D. LEIDEAMAN KEVIN M. KNABTESS E.GUNTHER PURSUANT TO PART 130-1. I-a OF THE RULES OF THE CHIEF ADMINISTRATOR THIS SIGNATURE APPLIES TO THE A TTACHED SUMMONS AND COMPLAINT 2 of 2 064624656089