On August 18, 2021 a
Answer
was filed
involving a dispute between
Discover Bank,
and
Ronald G Troutman Jr,
for Other Matters - Consumer Credit (Card) Original Creditor Plaintiff
in the District Court of Chautauqua County.
Preview
FILED: CHAUTAUQUA COUNTY CLERK 09/20/2021 03:49 PM INDEX NO. EK12021001196
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 09/20/2021
FILED IN CHAUTAUQUA COUNTY
09/20/2021:03:49:PM
Ronald G Troutman Jr
73 Summit Ave
Jamestown , NY 14701
aquarat3@gmail.com
Defendant is self-represented
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF CHAUTAUQUA
DISCOVER BANK, ANSWER
Plaintiff,
Civil No.: EKl2021001196
vs.
Judge:
Ronald G Troutman Jr,
Defendant(s).
Defendant answers Plaintiff's Complaint as follows.
RESPONSE TO ALLEGATIONS
1. Defendant denies the alleÓation in paragraph 1.
2. Defendant denies the allegation in paragraph 2.
3. Defeiidañt denies the allegation in paragraph 3.
4. Defêñdañt denies the allegation in paragraph 4.
5. Defendant denies the allegation in paragraph 5.
Defeiidaiit denies each and every allegation in the Complaint that is not expressly
admitted herein.
1
1 of 4
FILED: CHAUTAUQUA COUNTY CLERK 09/20/2021 03:49 PM INDEX NO. EK12021001196
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 09/20/2021
With respect to all paragraphs in which Plaintiff prays for damages or other relief,
Defendant denies that Plaintiff is entitled to such relief under law.
AFFIRMATIVE DEFENSES
1. Plaintiff's claims are barred in whole or in part by the doctrines of laches, equitable
estoppel, and unclean hands.
2. Plaintiff's claims are barred in whole or in part becaüse of a failure to mitigate damages.
3. Plaintiff's claims are barred in whole or in part because Plaintiff harassed Defendant for
the debt in violation of the law.
4. Plaintiff's claims are barred in whole or in part because of improper service.
5. Defcndant requests that Plaintiff perform an accoüñting and provide Defendant with
documentation that proves the amount that Defendant allegedly owes.
6. Plaintiff's claims are barred in whole or in part because of a possible violation of the
. statute of frauds.
7. Plaintiff's claims ai·e barred in whole or in part because the lender required repayment
before the due date of the debt.
WHEREFORE, Defendant requests the following relief:
1. That Plaintiff's Complaint be dismissed with prejudice, and Plaintiff take nething
therefrom;
2. The Defendañt recover its reasonable fees and costs incurred in defending against this
lawsuit;
3. For such other and further relief as this Court may deem just and proper.
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2 of 4
FILED: CHAUTAUQUA COUNTY CLERK 09/20/2021 03:49 PM INDEX NO. EK12021001196
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 09/20/2021
DATED September 13, 2021.
/s/ Ñ0he f0MÛ½&M
Ronald G Troutman Jr
Self-represented
Original of the forgoing was caused to be filed via mail on September 13, 2021 to:
Chantauqua Courthouse
County Clerk
1 North Erie Street
Mayville NY 14757
Copy caused to be sent via mail on this day to:
KIRSCHENBAUM & PHILLIPS, P.C.
40 Daniel Street, Suite 7. P.O.Box 9000
Farmingdale NY 11735-9000
/st Ro maWGTrout a
]
Ronald G Troutman Jr
Self-represented
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3 of 4
FILED: CHAUTAUQUA COUNTY CLERK 09/20/2021 03:49 PM INDEX NO. EK12021001196
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 09/20/2021
PRIORITY MAIL
U.S. POSTAGE PAID
C2M
eVS
USPS PRIORITY MAIL®
477008-1-1-PRI
LawbleInc.
Lawble, Inc.
AN F C S O, CA 9 114-1612
CEIVED
SEP
Chautauqua Courthouse
County Clerk
1 N Erie St
Mayville, NY 14757-1000
USPS TRACKING # eVS
9205 5901 5266 1900 1478 0641 10
4 of 4
Document Filed Date
September 20, 2021
Case Filing Date
August 18, 2021
Category
Other Matters - Consumer Credit (Card) Original Creditor Plaintiff
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Preview
FILED: CHAUTAUQUA COUNTY CLERK 09/20/2021 03:49 PM INDEX NO. EK12021001196 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 09/20/2021 FILED IN CHAUTAUQUA COUNTY 09/20/2021:03:49:PM Ronald G Troutman Jr 73 Summit Ave Jamestown , NY 14701 aquarat3@gmail.com Defendant is self-represented SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF CHAUTAUQUA DISCOVER BANK, ANSWER Plaintiff, Civil No.: EKl2021001196 vs. Judge: Ronald G Troutman Jr, Defendant(s). Defendant answers Plaintiff's Complaint as follows. RESPONSE TO ALLEGATIONS 1. Defendant denies the alleÓation in paragraph 1. 2. Defendant denies the allegation in paragraph 2. 3. Defeiidañt denies the allegation in paragraph 3. 4. Defêñdañt denies the allegation in paragraph 4. 5. Defendant denies the allegation in paragraph 5. Defeiidaiit denies each and every allegation in the Complaint that is not expressly admitted herein. 1 1 of 4 FILED: CHAUTAUQUA COUNTY CLERK 09/20/2021 03:49 PM INDEX NO. EK12021001196 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 09/20/2021 With respect to all paragraphs in which Plaintiff prays for damages or other relief, Defendant denies that Plaintiff is entitled to such relief under law. AFFIRMATIVE DEFENSES 1. Plaintiff's claims are barred in whole or in part by the doctrines of laches, equitable estoppel, and unclean hands. 2. Plaintiff's claims are barred in whole or in part becaüse of a failure to mitigate damages. 3. Plaintiff's claims are barred in whole or in part because Plaintiff harassed Defendant for the debt in violation of the law. 4. Plaintiff's claims are barred in whole or in part because of improper service. 5. Defcndant requests that Plaintiff perform an accoüñting and provide Defendant with documentation that proves the amount that Defendant allegedly owes. 6. Plaintiff's claims are barred in whole or in part because of a possible violation of the . statute of frauds. 7. Plaintiff's claims ai·e barred in whole or in part because the lender required repayment before the due date of the debt. WHEREFORE, Defendant requests the following relief: 1. That Plaintiff's Complaint be dismissed with prejudice, and Plaintiff take nething therefrom; 2. The Defendañt recover its reasonable fees and costs incurred in defending against this lawsuit; 3. For such other and further relief as this Court may deem just and proper. 2 2 of 4 FILED: CHAUTAUQUA COUNTY CLERK 09/20/2021 03:49 PM INDEX NO. EK12021001196 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 09/20/2021 DATED September 13, 2021. /s/ Ñ0he f0MÛ½&M Ronald G Troutman Jr Self-represented Original of the forgoing was caused to be filed via mail on September 13, 2021 to: Chantauqua Courthouse County Clerk 1 North Erie Street Mayville NY 14757 Copy caused to be sent via mail on this day to: KIRSCHENBAUM & PHILLIPS, P.C. 40 Daniel Street, Suite 7. P.O.Box 9000 Farmingdale NY 11735-9000 /st Ro maWGTrout a ] Ronald G Troutman Jr Self-represented 3 3 of 4 FILED: CHAUTAUQUA COUNTY CLERK 09/20/2021 03:49 PM INDEX NO. EK12021001196 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 09/20/2021 PRIORITY MAIL U.S. POSTAGE PAID C2M eVS USPS PRIORITY MAIL® 477008-1-1-PRI LawbleInc. Lawble, Inc. AN F C S O, CA 9 114-1612 CEIVED SEP Chautauqua Courthouse County Clerk 1 N Erie St Mayville, NY 14757-1000 USPS TRACKING # eVS 9205 5901 5266 1900 1478 0641 10 4 of 4