On May 30, 2023 a
Complaint,Petition
was filed
involving a dispute between
Discover Bank,
and
Kenneth C Kelleher,
for C40 - Contracts - Collections
in the District Court of Fairfield County.
Preview
RETURN DATE: 06/06/23 Superior Court
Discover Bank Danbury Judicial District
Plaintiff,
VS April 5, 2023
KENNETH C KELLEHER
Defendant.
COMPLAINT
COUNTI
(BREACH OF CONTRACT)
This is an action for damages that are within the limits of this cou rt, exclusive of costs.
Defendant applied for and received a credit account, which is owned and administered by the Plaintiff. The last
four digits of the account number are XXXXXXXXXXXX2916.
Defendant used or authorized use of the credit account for the acquisition of goods, services, balance transfers
or cash advances in accordance with the customer agreement governing use of this account with Plaintiff.
Last payment on the account was made on 02/03/20, in the amount of 275.00.
Defendant breached the Agreement by failing to make periodic payments as required thereby and the Account
was subsequently charged-off. The entire balance on the Account is owed to Plaintiff and is presently due and
payable in full.
The current account balance is $14605.70 which includes any applicable payments and credits.
In accordance with federal regulations, monthly periodic statements for the Account have been provided to the
Defendant. Based on Plaintiff's records, there are no unresolved billing disputes related to the account.
COUNT II
(ACCOUNT STATED)
Plaintiff incorporates herein by reference the allegations contained in paragraphs 1-7 above.
In connection with the Account, Plaintiff mailed, delivered, sent or otherwise transmitted periodic account
statements to the Defendant setting forth all the charges and credits applicable to the account, as well as the
balance due
10. The Plaintiff seeks damages for the account stated balance minus any credit(s) on the account occurring after
the last statement was transmitted.
4176358
WHEREFORE, plaintiff demands judgment against defendant for:
L Principal sum of $14605.70;
2 Reasonable court costs and fees;
3 Post judgment interest in accordance with CT Gen.Stat.Sec. 37-3a; and
4 Such further retief as the Court deems just and proper.
PLAINTIFF
By:
O Jeffrey A. Schreiber, Esq.
(1 Heather Q. Wallace, Esq.
Laurie D. Baron, Esq.
SCHREIBER LAW, LLC (434988)
53 Stiles Road, Suite A102
Salem, NH 03079
800-423-8142
4176358
RETURN DATE: 06/06/23 Superior Court
Discover Bank Danbury Judicial District
Plaintiff,
VS April 5, 2023
KENNETH € KELLEHER
Defendant.
NOTICE REGARDING FAIR DEBT COLLECTION PRACTICES ACT
SUBSEQUENT COMMUNICATIONS
Pursuant to the United States Code, Title 15, Section 1692, et seq., you are hereby notified that Counsel for
Plaintiff is attempting to collect the debt which is the subject of the within action and any information obtained will be
used solely for that purpose.
PLAINTIFF
By:
Le
QO Jeffrey A. Schreiber, Esq.
0 Heather Q. Wallace, Esq.
Ja aurie D. Baron, Esq.
SCHREIBER LAW, LLC {434988}
53 Stiles Road, Suite A102
Salem, NH 03079
800-423-8142
4176358
RETURN DATE: 06/06/23 Superior Court
Discover Bank Danbury Judicial District
Plaintiff,
VS April 5, 2023
KENNETH C KELLEHER
Defendant.
STATEMENT OF AMOUNT IN DEMAND
Pursuant to C.G.S. §52-91 and Practice Book §10-20, the amount in demand is:
o is greater than fifteen thousand dollars;
i is greater than two thousand five hundred dollars or more, but less than fifteen thousand
dollars, exclusive of costs and interest;
is less than two thousand five hundred dollars.
PLAINTIFF
By:
o Jeffrey A. Schreiber, Esq.
07 Heather Q. Wallace, Esq.
aurie D. Baron, Esq.
SCHREIBER LAW, LLC (434988)
53 Stiles Road, Suite A102
Salem, NH 03079
800-423-8142
4176358
Category
C40 - Contracts - Collections
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
RETURN DATE: 06/06/23 Superior Court Discover Bank Danbury Judicial District Plaintiff, VS April 5, 2023 KENNETH C KELLEHER Defendant. COMPLAINT COUNTI (BREACH OF CONTRACT) This is an action for damages that are within the limits of this cou rt, exclusive of costs. Defendant applied for and received a credit account, which is owned and administered by the Plaintiff. The last four digits of the account number are XXXXXXXXXXXX2916. Defendant used or authorized use of the credit account for the acquisition of goods, services, balance transfers or cash advances in accordance with the customer agreement governing use of this account with Plaintiff. Last payment on the account was made on 02/03/20, in the amount of 275.00. Defendant breached the Agreement by failing to make periodic payments as required thereby and the Account was subsequently charged-off. The entire balance on the Account is owed to Plaintiff and is presently due and payable in full. The current account balance is $14605.70 which includes any applicable payments and credits. In accordance with federal regulations, monthly periodic statements for the Account have been provided to the Defendant. Based on Plaintiff's records, there are no unresolved billing disputes related to the account. COUNT II (ACCOUNT STATED) Plaintiff incorporates herein by reference the allegations contained in paragraphs 1-7 above. In connection with the Account, Plaintiff mailed, delivered, sent or otherwise transmitted periodic account statements to the Defendant setting forth all the charges and credits applicable to the account, as well as the balance due 10. The Plaintiff seeks damages for the account stated balance minus any credit(s) on the account occurring after the last statement was transmitted. 4176358 WHEREFORE, plaintiff demands judgment against defendant for: L Principal sum of $14605.70; 2 Reasonable court costs and fees; 3 Post judgment interest in accordance with CT Gen.Stat.Sec. 37-3a; and 4 Such further retief as the Court deems just and proper. PLAINTIFF By: O Jeffrey A. Schreiber, Esq. (1 Heather Q. Wallace, Esq. Laurie D. Baron, Esq. SCHREIBER LAW, LLC (434988) 53 Stiles Road, Suite A102 Salem, NH 03079 800-423-8142 4176358 RETURN DATE: 06/06/23 Superior Court Discover Bank Danbury Judicial District Plaintiff, VS April 5, 2023 KENNETH € KELLEHER Defendant. NOTICE REGARDING FAIR DEBT COLLECTION PRACTICES ACT SUBSEQUENT COMMUNICATIONS Pursuant to the United States Code, Title 15, Section 1692, et seq., you are hereby notified that Counsel for Plaintiff is attempting to collect the debt which is the subject of the within action and any information obtained will be used solely for that purpose. PLAINTIFF By: Le QO Jeffrey A. Schreiber, Esq. 0 Heather Q. Wallace, Esq. Ja aurie D. Baron, Esq. SCHREIBER LAW, LLC {434988} 53 Stiles Road, Suite A102 Salem, NH 03079 800-423-8142 4176358 RETURN DATE: 06/06/23 Superior Court Discover Bank Danbury Judicial District Plaintiff, VS April 5, 2023 KENNETH C KELLEHER Defendant. STATEMENT OF AMOUNT IN DEMAND Pursuant to C.G.S. §52-91 and Practice Book §10-20, the amount in demand is: o is greater than fifteen thousand dollars; i is greater than two thousand five hundred dollars or more, but less than fifteen thousand dollars, exclusive of costs and interest; is less than two thousand five hundred dollars. PLAINTIFF By: o Jeffrey A. Schreiber, Esq. 07 Heather Q. Wallace, Esq. aurie D. Baron, Esq. SCHREIBER LAW, LLC (434988) 53 Stiles Road, Suite A102 Salem, NH 03079 800-423-8142 4176358