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  • Midland Credit Management Inc v. Justin WempleOther Matters - Consumer Credit (Card) Debt Buyer Plaintiff document preview
  • Midland Credit Management Inc v. Justin WempleOther Matters - Consumer Credit (Card) Debt Buyer Plaintiff document preview
  • Midland Credit Management Inc v. Justin WempleOther Matters - Consumer Credit (Card) Debt Buyer Plaintiff document preview
  • Midland Credit Management Inc v. Justin WempleOther Matters - Consumer Credit (Card) Debt Buyer Plaintiff document preview
  • Midland Credit Management Inc v. Justin WempleOther Matters - Consumer Credit (Card) Debt Buyer Plaintiff document preview
  • Midland Credit Management Inc v. Justin WempleOther Matters - Consumer Credit (Card) Debt Buyer Plaintiff document preview
  • Midland Credit Management Inc v. Justin WempleOther Matters - Consumer Credit (Card) Debt Buyer Plaintiff document preview
  • Midland Credit Management Inc v. Justin WempleOther Matters - Consumer Credit (Card) Debt Buyer Plaintiff document preview
						
                                

Preview

FILED: CLINTON COUNTY CLERK 07/21/2023 11:57 AM INDEX NO. 2022-00022471 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 07/21/2023 EXHIBIT B FILED: CLINTON COUNTY CLERK 07/21/2023 11:57 AM INDEX NO. 2022-00022471 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 07/21/2023 CLERK INDEX NO. 2022-00022471 F ILED : CLINTON COUNTY 12 /23 /2022 0 9: 49 A14 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/23/2022 CONSUMER CREDIT TRANSACTION SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF CLINTON Midland Credit Management, Inc, Index No.: Plaintiff, Date Purchased vs. SUMMONS The basis of the venue designated is The defendant resides in the JUSTIN WEMPLE, County of Clinton Defendant. The transaction took place in the County of Clinton To the above-named Defendant: 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(s) at the address stated below within 20 days after the service of this summons, exclusive of the day of service (or within 30 days after the service is complete if this summons is not personally delivered to you within the State ofNew York); and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. Dated: Williams 1 e, , 20 By MAG ' L ROUP, LLP Heather A. hnson, Esq. Lisa Steine , Esq. Attorneys for Plaintiff 600 Essjay Rd., Suite 200 Williamsville, NY 14221 (833) 769-2757 1 of 5 FILED: CLINTON COUNTY CLERK 07/21/2023 11:57 AM INDEX NO. 2022-00022471 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 07/21/2023 INDEX NO. 2022-00022471 F ILED : CL INTON COUNTY CLERK 12 / 2 3 / 2 0 2 2 0 9 : 4 9 AM| NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/23/2022 TO: JUSTIN WEMPLE 1310 TROUT POND RD 146 KEESEVILLE, NY 12944-3226 WE ARE ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS COMMUNICATION IS FROM A DEBT COLLECTOR. 2 of 5 FILED: CLINTON COUNTY CLERK 07/21/2023 11:57 AM INDEX NO. 2022-00022471 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 07/21/2023 INDEX NO. 2022-00022471 F I LED : CL INTON COUNTY CLERK 12 / 2 3 / 2 0 2 2 0 9 : 4 9 AM| NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/23/2022 CONSUMER CREDIT TRANSACTION SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF CLINTON Midland Credit Management, Inc, COMPLAINT Plaintiff, vs. Index No.: JUSTIN WEMPLE, Defendant. Plaintiff, Midland Credit Management, Inc, by its attorneys, Mandarich Law Group, LLP, complaining of the Defendant, JUSTIN WEMPLE, alleges the following: 1. Plaintiff is a foreign limited liability company organized and existing by virtue of the laws of Delaware, with a principal place of business located at 350 Camino De La Reina, Suite 100, San Diego, California 92108. 2. Upon information and belief, Defendant JUSTIN WEMPLE, was and is a natural person residing at 1310 TROUT POND RD 146 , County of Clinton, State of New York. 3. Plaintiff took by assignment and/or purchased, for value, all rights, title, and interest of certain accounts, including the account identified below, which originated with COMENITY CAPITAL BANK (hereinafter the "Original Creditor"). 3 of 5 FILED: CLINTON COUNTY CLERK 07/21/2023 11:57 AM INDEX NO. 2022-00022471 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 07/21/2023 INDEX NO. 2022-00022471 F I LED : CL INTON COUNTY CLERK 12 / 23 / 2 0 2 2 0 9 : 4 9 AM| NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/23/2022 4. The chain of title is as follows: Date of Assignor: Assignee: Account Balance at Assignment Transfer: (On or About): 5/21/2021 COMENITY CAPITAL Midland Credit $2,791.56 BANK Management, Inc 5. The Original Creditor issued a consumer credit card account to the Defendant bearing an account number ending in XXXXXXXXXXXXXX4774 as printed on the most recent account statement recording a purchase transaction, payment or balance transfer (hereinafter the "Account"), which Account is the subject of this action. 6. Defendant entered into an agreement with the Original Creditor and made purchases, received cash, merchandise, and/or credit on the Account. 7. A copy of the Charge-Off statement for the Account is attached hereto. 8. An itemization of the Account is as follows: Total due at charge-off: $2,791.56 Total interest accrued since charge-off: $0.00 Total non-interest charges/fees accrued since charge-off: $0.00 Total amount of payments and/or credits since charge-off: $0.00 9. The last payment on the account was made on: 09/10/2020 in the amount of $70.00. 10. The Account balance printed on the most recent Account statement provided by the Original Creditor recording a purchase, transaction, last payment or balance transfer was $2,389.07. 11. Defendant agreed to but failed to make payments on said Account and $2,791.56 is now due and owing to the Plaintiff from Defendant, which amount has been demanded and remains unpaid. 4 of 5 FILED: CLINTON COUNTY CLERK 07/21/2023 11:57 AM INDEX NO. 2022-00022471 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 07/21/2023 INDEX NO. 2022-00022471 F ILED : CL INTON COUNTY CLERK 12 /23 / 2 0 2 2 0 9 : 4 9 Ab$ NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/23/2022 12. Defendant is in default and Plaintiff, as owner of the Account, is authorized to proceed with this action. 13. Plaintiff has suffered damages in the amount of $2,791.56, together with the costs and disbursements incurred in this action. 14. The causes of action asserted herein are not outside of the applicable statute of limitations for enforcing the debt. WHEREFORE, Plaintiff, Midland Credit Management, Inc, respectfully requests judgment against the Defendant, JUSTIN WEMPLE, for the sum of $2,791.56, all costs and disbursements of this action, with interest from the date of any judgment granted or ordered, and for such other and further relief as this Court deems just and proper. Dated: Williamsvi e, New York , 20 By: MAN ' 's H LAW LLP GROUP, Heather A. ohnson, Esq. Lisa Stein , Esq. Attorneys for Plaintiff 600 Essjay Rd., Suite 200 Williamsville, NY 14221 (833) 769-2757 MLG-4617040 TO: JUSTIN WEMPLE 1310 TROUT POND RD 146 KEESEVILLE, NY 12944-3226 WE ARE ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS COMMUNICATION IS FROM A DEBT COLLECTOR. 5 of 5 FILED: CLINTON COUNTY CLERK 07/21/2023 11:57 AM INDEX NO. 2022-00022471 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 07/21/2023 FILED: CLINTON COUNTY CLERK 12/23/2022 09:49 AM INDEX NO. 2022 -00022471 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/23/2022 .................................................................................................--....................._._...................................._........_.._............_. PAGE 1OF4 Surr mary of account activi Pa ment information Accountno. '"*-""-""-4774 Newbalance $2,791.56 Minimum paymentdue $488.00 P'eviousbalance $2,706.83 Payment duedate 05/10/2021 Payments D.00 Othercredits D.00 Latepaymentwarning: Purchases O00 Ifwedonotreceiveyourminimum paymentby 05/10/2021 youmay Otherdebits 0.00 aveto payup toa$40.00latefee. Cashadvance O00 Balance transfer Minirnurnpayrnentwarning:Ifyoumakeonlytheminimum 0.00 payment foreachperiod,youwillpaymoreinin1erest Feescharged 40.00 anditwilltake Interestcharged youfonger to payoffyourbalances. Forexample: 44.93 Newbalance $2,791.56 lf youmakenoadditional Youwill payoN Andyouwill chargesusingthiscard thehalanceshown anduppayingan Pastdueamount 415.00 andeachmonthyoupay· ontheatatement estimatedintal Creditlimit $2.500.00 in about: of: Availablecredil $0.00 M owt Mt M00 Onlytheminir,umpayment| 11years Forinformation creditcounseling 436003 Availablecash $0.00 regarding services, Statement closingdate 04/14/2021 Daysinblltingcycle 30 Skipsigninginto payanduseComenity's EasyPay. Its safeandconvenient. Useyoursmartphone cameraorcode readertoscantheQRcodeprintedonyourpaymentstubbelowtogetstarted. Detairs Ofyour transactions TRANS DATE TRANSACTON DESCRIPTEN/L.OGATION AMOUNT Fees 04/10/2021 LATEFEE 40.00 Totalfeeschargedfor this period $40.00 ................._......._.......-......_......................_.._.........................-.................................._...._...................................-........ Interest charged Interestchargeon purchases $44.93 Interestchargeon cashadvance SO.00 Interestchargean balancetransfer $0.00 Totalinterestfor this period $44.93 2021totalayearto date Totalfeeschargedin2021 $149.00 Totalinterestchargedin2021 S171.66 Interest char"e calculation YourAnnualPercentageRate(APR)istheannualinterestrateonyouraccount.SeeBALANCE COMPUTATION METHOO onpage2formoredetails.MnimumInterestchargemayexceedinterestchargebelow,peryourcreditcardagreement TYPE OF BALAMCESUeJECT INTEREST BALANcE APR TOINTERESTRATE CHARGE Purchases 19.9900%(v) 2,734.91(DA) 44.93 Cashadvances 25.9900%M D.00(DA) 0.00 -...----- ---- -- -.-......-... --..-- -- - - ..e n. Account number "*"---""-4774 3 e Newbalance Minimum payment S2,791.56 $488.00 994 Yes,I havemovedorupdated Maitedpayments mustreachusbySpmET - seereverse.rny e-mmladdress Amount an05/10/2021. encloyed; $ Pleasemakecheckpayable to: CMM- GOOM AM ghhpp glml Illjpjpj|[qlpnigjli|lglilij|giggp|"gl|q1 JUSTINWEMPLE Pleaseretumthisportion alongwithyourpayment to: 1310TROUTPONDRD PO BOX659820 KEESEVlLLENY12944.3226 SAN ANTONIO TX78265-9120 FILED: CLINTON COUNTY CLERK 07/21/2023 11:57 AM INDEX NO. 2022-00022471 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 07/21/2023 Phone Work Phone Home Map Foreign Code Code Zip State City Box PC ..._... No. Apt. RR Address Street . No. Sec.Soc. . ... Name Last MI _.... Name First Title (optional) Information Mew (EI). pm fidX) Hy 0pfine: pm 6·OD By Phone: Sy Pay (E0;lime Eroslem the (ETL pm S·O0 lly and Mamns owmight tirnes: lollowing at areaslub !Fu Isymnni in on date this Slalement duethe by are payments receive tous lor limes/deistifines culull PaymenI Times. 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