On January 05, 2023 a
Answer
was filed
involving a dispute between
American Express National Bank,
and
Brian Schwab,
for Other Matters - Consumer Credit (Card) Original Creditor Plaintiff
in the District Court of Columbia County.
Preview
FILED: COLUMBIA COUNTY CLERK 02/10/2023 03:32 PM INDEX NO. E012023019445
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 02/10/2023
SUPREME COURT COUNTY OF Columbia 8 Part:
AMERICAN EXPRESS NATIONAL BANK
WRITTEN ANSWER
Plaintiff(s)
-against- CONSUMER CREDIT TRANSACTION
BRIAN SCHWAB
Defendant(s) Index Number: EO12023019445
ANSWER: (Check all that apply)
1. General Denial: I deny the allegations in the Complaint.
SERVICE
2. E I did not receive a copy of the Summons and Complaint.
3. O I received the Summons and Complaint, but service was not correct as required by law.
DEFENSES
4. E I do not owe this debt.
5. E It is not my debt. I am a victim of identity theft or mistaken identity.
6. E 1 have paid all or part of the alleged debt.
7. E I dispute the amount of the debt.
8. I had no business dealings with Plaintiff (Plaintiff lacks standing).
9. 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).
10. ¤ 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).
11. Statute of limitations (the time has past to sue on this debt).
12. This debt has been discharged in bankruptcy.
13. The collateral (property) was not sold at a commercially reasonable price.
14. Failure to provide proper notice before selling collateral (property).
15. Failure to mitigate damages (Plaintiff did not take reasonable steps to limit damages).
16. O Unjust enrichment (the amount demanded is excessive compared with the original debt).
17. ¤ Violation of the duty of good faith and fair dealing.
18. O Unconscionability (the contract is unfair).
19. O I.aches (plaintiff has excessively delayed in bringing this lawsuit to my disadvantage).
20-a. E OUTSIDE OF NEW YORK CITY ONLY: Lack of personai 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).
20-b. O 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).
21. O Defendant is in the military.
OTHER .
22. O Other Reasons
23. O Please take notice that my only source of income is , which is exempt from collection.
COUNTERCLAIM(S)
24. ¤ Counterclaim(s): $ Reason:
VERIFICATION
State of New York, County of Columbia 8 ss:
BRIAN SCHWAB , being deposes and says: I have read the Answer in Writing and know
duly sworn,
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.
Swor to before
-
tl8 day of February 8 , 20_23_.
Signature of Defendant
This case is scheduled to appear on the court calendar as follows:
Date: Part: Room: Time: Both sides notified:0YesONo
UCS-CC-1
1 of 2
FILED: COLUMBIA COUNTY CLERK 02/10/2023 03:32 PM INDEX NO. E012023019445
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 02/10/2023
STATE OF NE YORK
COUNTY OF \Oh (9ÌC ss;
(County where notarized)
AFFIDAVIT OF SERVICE
BY MAIL
Index No. O 01
1, , being duly sworn says, I am over 18
(Insert name of person who mails papers)
years of age and not a party to this action.
On 1
(insert date pap
(
s malled)
, 20__ , I mailed a true copy of the attached papers,
enclosed and properly sealed in a postpaid envelope, which I deposited in an official
depository under the exclusive care and custody of the United State Postal Services
within the State of New York addressed to:
(Name of person)
(street address)
(City ownNillage; State; Zip code)
($gndour fraiñe in the presencl|•of a Notary Public)
(Print your name)
Sworn to before e this
4 day of , 201
o a blic
2 of 2
Document Filed Date
February 10, 2023
Case Filing Date
January 05, 2023
Category
Other Matters - Consumer Credit (Card) Original Creditor Plaintiff
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Preview
FILED: COLUMBIA COUNTY CLERK 02/10/2023 03:32 PM INDEX NO. E012023019445 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 02/10/2023 SUPREME COURT COUNTY OF Columbia 8 Part: AMERICAN EXPRESS NATIONAL BANK WRITTEN ANSWER Plaintiff(s) -against- CONSUMER CREDIT TRANSACTION BRIAN SCHWAB Defendant(s) Index Number: EO12023019445 ANSWER: (Check all that apply) 1. General Denial: I deny the allegations in the Complaint. SERVICE 2. E I did not receive a copy of the Summons and Complaint. 3. O I received the Summons and Complaint, but service was not correct as required by law. DEFENSES 4. E I do not owe this debt. 5. E It is not my debt. I am a victim of identity theft or mistaken identity. 6. E 1 have paid all or part of the alleged debt. 7. E I dispute the amount of the debt. 8. I had no business dealings with Plaintiff (Plaintiff lacks standing). 9. 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). 10. ¤ 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). 11. Statute of limitations (the time has past to sue on this debt). 12. This debt has been discharged in bankruptcy. 13. The collateral (property) was not sold at a commercially reasonable price. 14. Failure to provide proper notice before selling collateral (property). 15. Failure to mitigate damages (Plaintiff did not take reasonable steps to limit damages). 16. O Unjust enrichment (the amount demanded is excessive compared with the original debt). 17. ¤ Violation of the duty of good faith and fair dealing. 18. O Unconscionability (the contract is unfair). 19. O I.aches (plaintiff has excessively delayed in bringing this lawsuit to my disadvantage). 20-a. E OUTSIDE OF NEW YORK CITY ONLY: Lack of personai 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). 20-b. O 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). 21. O Defendant is in the military. OTHER . 22. O Other Reasons 23. O Please take notice that my only source of income is , which is exempt from collection. COUNTERCLAIM(S) 24. ¤ Counterclaim(s): $ Reason: VERIFICATION State of New York, County of Columbia 8 ss: BRIAN SCHWAB , being deposes and says: I have read the Answer in Writing and know duly sworn, 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. Swor to before - tl8 day of February 8 , 20_23_. Signature of Defendant This case is scheduled to appear on the court calendar as follows: Date: Part: Room: Time: Both sides notified:0YesONo UCS-CC-1 1 of 2 FILED: COLUMBIA COUNTY CLERK 02/10/2023 03:32 PM INDEX NO. E012023019445 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 02/10/2023 STATE OF NE YORK COUNTY OF \Oh (9ÌC ss; (County where notarized) AFFIDAVIT OF SERVICE BY MAIL Index No. O 01 1, , being duly sworn says, I am over 18 (Insert name of person who mails papers) years of age and not a party to this action. On 1 (insert date pap ( s malled) , 20__ , I mailed a true copy of the attached papers, enclosed and properly sealed in a postpaid envelope, which I deposited in an official depository under the exclusive care and custody of the United State Postal Services within the State of New York addressed to: (Name of person) (street address) (City ownNillage; State; Zip code) ($gndour fraiñe in the presencl|•of a Notary Public) (Print your name) Sworn to before e this 4 day of , 201 o a blic 2 of 2