Answer: Td Bank Usa, N.A. v. Bridget A Wodowski

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                                FILED: ERIE COUNTY CLERK 07/18/2023 11:13 AM                                                               INDEX NO. 807264/2023
      N/S upyeie_ cour
NYSCEF DOC. NO. 6                                         couror Livre,                              RECEIVED Part:      _
                                                                                                              NYSCEF: 07/18/2023

        rb> Baal US4 AA                                                          WRITTEN ANSWER
                                                            Plaintiff(s)
                                                                                 CONSUMER CREDIT TRANSACTION

                                                         Defendant(s)            index Namber.   8012 '1/202
                                                                                                                     I
     ANSWER: (Check all that apply)
      l.   ml General Denial: I deny the allegations in the Complaint.
     SERVICE
     2.    DJ did not receive a copy of the Summons and Complaint.
     3.    □   I received the Summons and Complaint, but service was not correct as required by law.
     DEFENSES
     4.    □   It is not my debt. I am a victim of identity theft or mistaken identity.
     s. DJ have paid all or part of the alleged debt.
     6.    □   I dispute the amount of the debt.
     7.    CJ I had no business dealings with Plaintiff (Plaintiff lacks standing).
     8.    □  There is no record of plaintiff having a license to collect debt (only for cases filed in New York City, Buffalo and
              other municipalities requiring debt collectors to be licensed).
     9.    □   Plaintiff does not allege a debt collector's license number in the Complaint (only for cases filed in New York
              City, Buffalo and other municipalities requiring debt collectors to be licensed).
     10. D] statute of limitations (the time has passed to sue on this debt).
     11.   □  This debt has been discharged in bankruptcy.
     12.   □  The collateral (property) was not sold at a commercially reasonable price.
     13.   □  Failure to provide proper notice before selling collateral (property).
     14. Cl Failure to mitigate damages (Plaintiff did not take reasonable steps to limit damages).
     15.   □  Unjust enrichment (the amount demanded is excessive compared with the original debt).
     16.   □  Violation of the duty of good faith and fair dealing.
     17.   □  Unconscionability (the contract is unfair).
     18.   □  Laches (plaintiff has excessively delayed in bringing this lawsuit to my disadvantage).
     19-a. [] OUTSIDE OF NEW YORK CITY ONLY: Lack of personal jurisdiction under Uniform City Court Act $ 213 (applies if
              you do not work in the city where the case was filed and you are not a resident of that city or (for all counties
              except Westchester and Nassau counties) you are not a resident of a town next to that city within the same
              county).
     19-b. Cl SUFFOLK COUNTY: Lack of personal jurisdiction; the defendant is not a resident and/or was not served in, or
              there was no transaction of business in, that portion of Suffolk County for which a District Court has been
              established (Towns of Huntington, Babylon, Islip, Smithtown and Brookhaven).
     20.   □  Defendant is in the military.
     OTHER
     21.   □  Other Reasons
                               --------------------------------
     22.   □  Please take notice that my only source of income lS, Which is exempt from collection.
     COUNTERCLAIM(S)
     23, []Counterclaim(s): 3 Reason.-

                                                         VERI Fl CATION
     State of New York, County of
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                                     t'_                  _ss:
                                          ,being duly sworn, deposes and says: I have read the Answer in Writing and know
     the contents to be true from my own knowledge, except as to those matters stated on information and belief, and as to
     those matters I believe them to be true.                  .
                              .                \ \                  2
      Sworn to before me this_ dq9fat'hi.b                uuDx20_.
             ~                    NOTARY PUt3UC,.STATE OF NEW YORK.

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            ?„?u""}6nurssto Exentes 1oosnao!ton·
                                                                                                 Signature of Defendant


     &?    Vo/o /2o24                        $01B06409665             Address:
      This case is scheduled to appear on the court calendar as follows:
      Date: P art: Room: Time:                                                                   Both sides notified:      Yes    No
                                                                                                                   ucs-cc-Oevse(011/15)

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FILED: ERIE COUNTY CLERK 07/18/2023 11:13 AM                                                INDEX NO. 807264/2023
NYSCEF DOC. NO. 6                                                                     RECEIVED NYSCEF: 07/18/2023
                                      AFFIDAVIT OF SERVICE OF MAILING

     STATE OF NEW YORK                                     )
     COUNTY OF           E de
                        ~~----------                       )ss.:


     fiola oh_/A_lb.Ask., being duly sworn, deposes and says:
     On the]                 day of        _)cby                     ,20 12_ .I served a true copy of the
     annexed      lh_Ale _/Ar__ye Fe                 by mailing the same in a sealed envelope, with
     postage prepaid thereon, in a post office or official depository of the U.S. Postal Service within the
     State of New York, addressed to the last known addressee(s) as indicated below:
   (Insert here the name[s] and address{es] of the person[s] to whom you are mailing the papers being
   filed with this Court. If necessary, attach extra pages for additional names and addresses.)


                        Name & Address                                       Name & Address
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                                           (Print Name)        _fid    e±      J)odours\,
    Sworn to before me this           j
    day of        Jyj             ,1o13
          @..fv-¥                                      CHARLES FLOYD BOUNDY
                                                   NOTARY PUBLIC, STATE OF NEW YORK
                                                       QUALIFIED IN ERIE COUNTY
                Notary Public                       COMMISSION EXPIRES 15/2 0_J
                                                               01B06409665
    Revised:     September 18, 2018

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