Preview
FILED: WAYNE COUNTY CLERK 09/01/2023 11:59 AM INDEX NO. CV089425
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 09/01/2023
SUPREME COURT OF THE STATE OF NEW YORK 3AAXXXX1995
COUNTY OF WAYNE
___________________________________x
CREDIT ACCEPTANCE CORPORATION Index No. 0089425
Plaintiff,
- Against - AFFIDAVIT OF FACTS
CARA HOCHLANDER BY ORIGINAL CREDITOR
Defendant(s).
___________________________________Ç
STATE OF MICHIGAN )
) SS:
COUNTY OF OAKLAND
The undersigned, being duly sworn, deposes and says:
Jai'Tanya Robertson am a/an [X]employee []officer
1. I, []member)
of Credit ACCePLdlNc servicer for
("Servicer"),
CREDIT ACCEPTANCE CORPORATION ("Plaintiff"), and I have access to
Plaintiff's books and records ("Business Records"), including
electronic records, relating to the account ("Account") of CARA
HOCHLANDER ("Defendant"). The last four digits of the Account number
are 1995. In my position, I have personal knowledge of the procedures
for creating and maintaining Plaintiff's Business Records.
Plaintiff's Business Records were made in the regular course of
business, and it was the regular course of such business to make the
Business Records. The records were made at or near the time of the
events recorded. Based on my review of Plaintiff's·Business Records,
I have personal knowledge of the facts set forth in this affidavit.
2. [Check this paragraph if Servicer]
[] Servicer is the servicer for the Plaintiff in the underlying
action. Plaintiff has authorized Servicer to service and maintain
the Business Records relating to the Account, along with giving
testimony and executing affidavits, declarations, and
certifications on behalf of Plaintiff regarding the Account.
3. Plaintiff and Defendant entered into a credit agreement
("Agreement"). Defendant agreed to pay Plaintiff for all goods,
services and cash advances provided pursuant to the Agreement. The
amount of the last payment, if any, made by Defendant was $368.00
made on 10/29/2021. Defendant is now in default and demand for
payment has been made. A true and correct copy of the Agreement or
document(s) evidencing the Agreement is/are attached as an exhibit to
this affidavit.
4. [Check this paragraph if seeking judgment on an account stated cause
of action]
[] I have personal knowledge of Plaintiff's procedures for
generating and mailing account statements to customers. It is the
regular practice of Plaintiff's business to provide periodic
account statements to its customers. On or about / / ,
Plaintiff sent one or more account statements relating to the
Account to Defendant stating the amount due as $ .
The account statement(s) were mailed to Defendant's last known
address and Plaintiff's records do not reflect that the
statement(s) were returned by the post office or that the Defendant
objected to them. A true and correct copy of the final account
statement(s) is attached as an exhibit to this affidavit.
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FILED: WAYNE COUNTY CLERK 09/01/2023 11:59 AM INDEX NO. CV089425
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 09/01/2023
5. [Check this paragraph if seeking judgment on a revolving consumer
credit account]
[] At this time, Defendant owes $ on the Account.
This amount includes a charge-off balance of $ ,
post-charge-off interest of $ , post-charge-off fees
and charges of $ , less any post-charge-off credits
or payments made by or on behalf of the Defendant of
6. [Check this paragraph if seeking judgment on a non-revolving consumer
credit account]
[X] At this time, Defendant owes $3231.73 on the Account. As set
forth in the exhibits attached hereto and made a part hereof, this
amount is broken out by (i) principal; (ii) finance charge or
charges; (iii) fees imposed by the original creditor; (iv)
collection costs; (v) attorney's fees; (vi) interest; and (vii) any
other fees and charges. less post-sale credits or payments made by
or on behalf of the Defendant of $.00.
7. As set forth in New York CPLR Article 50, the interest rate
applicable to the Account pursuant to section five thousand four of
this chapter applies.
8. [Check if not seeking post-judgment interest]
[] Plaintiff explicitly disclaims any right to post-judgment
interest on this Account.
WHEREFORE, deponent demands judgment against Defendant for $3231.73,
(plus interest from 4/03/22, if applicable), together with the c sts d
disbursements of this action.
Dated: / 7fg/
Affiant ignature
JaFTanya
Robertson
Sworn to before me this day Affiant Name
of ,20Ò.
otary lic
FORSTER & GARBUS LLP
FORSTER & GARBUS ATTORNEYS FOR PLAINTIFF
2950 Express Dr S, Suite 100 Islandia, NY 11749
ZANYAWATr (631) 393-9400 7/28/23
NotaryPublic,StateofMichigan
CountyofWayne
MyCommisslanExpIresNov,01,2028
ActinginlheCountyofOakland
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FILED: WAYNE COUNTY CLERK 09/01/2023 11:59 AM INDEX NO. CV089425
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 09/01/2023
Credi .
Ace We
ace tivest
thany
Suit Start Cover
Attorney: FORSTERAND GARBUS LLP Date: 11/03/2022
CAC Account # 1995 Contract Signed in:NEWARK, NY
Pleasetale legal action against the following indMdual:
CARA HOCTLANDER
A (CT Inf0rillshon
CARA HOCHLANDER
Residence ^Employer
8269 LakeStreetExt
SodusPoint, NY 14555-9612
,
Vehicle:20IO ChevroletTraverse
Rat 1 ·Amnunts
CoraractDate: 103/020020 OriginalAmountFinancedi S9,380.80
ScheduledMaturityDate: 103/02/2Ó24 OriginalFirmineeCharge: 55,048 B
A'ccruedDaná!cs Datet 04/03/2022 Original Contr!ctBalance: $14,429.28
CollateralRepossessionDate: Total Âmotunof PaymentsReceived" $10,29925
Rebate Type Rebate Amottnt Reliate Date
FinanceChargeRebate: 51,364.30 04/03/2022
Total Amountof late PaymentFees 50.00
Total Amountof ReturnedCheckFees SO.00
RepossessionCosts $326.00
AuctionCosts S140.00
.GrossAuctionProceed .50.00
OtherCredits S6,225.07
OtherDebits 50.00
Pritzipal $3,15523
Interest · SO.00
Fees. `0.00
Costs $76.00
AccruedDanngesamotun S3;23123
3 of 11
FILED: WAYNE COUNTY CLERK 09/01/2023 11:59 AM INDEX NO. CV089425
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 09/01/2023
Credi .
credifacceptance.com
CARA HOCHLANDER 11/03/2022
Account 1995
Initial Balance:03/02/2020 S 14,429.28
Payment History
Date Reference Description Sub Type Anannt Fast Due Balance
C D
04/I5a022 -6,22107 );25591 3,231.73
04/15G022 ADVANCE/PRINCIPAL 9,380.80
WAIVE
04/15/2022
ADVANCE/PRINCIPAL
FINANCE CHARGE
04/I5/2022 -1,364.30
REBATE
04/144022 1328398 TITLE FEE 76.00 677.22 4,596.03
S CE
03/10/2022. 100372389 Vehicle -57/1093 30061 4,520.03
PAYMENTUS
10/29/2021 2025992290 DIRECT PAYMENT IVR DEBIT -368.00 1,51327 10,230B6
CARD
PAÝMENTUS
09/10/2021 1939457384 DIRECT'PAYMENT IVR DEBIT -369.00 1,580.66 10,598;9,6
CARD
AUCTION REPAIR
08/230021 Redeerned 140.00 1,649.05 10,967S6
REVERSAL -
08/23/2021 PPD-97881995-3962311-3962314 AUCT.N REPAIR -140.00
FEE
AUCTION REPAIR
08/06/2021 PPD-97881995-3962311-3962314 140.00 1,649.05 1Ò,96736
PAYMENTUS
08/06/2021 1893775812 DIRECT PAYMENT IVR DEBlx -92.00 1,509.Ò5 10,82796
PÃYMENTUS |
07/30/2021 1881960158 DIRECT PAYMENT IVR DEBIT -226.00 1,30044 l0,91996
cARD
.-- ...--..-
07474021 1877940970 DIRECT.PAYMENT IVR DEBIT -226.00 1,526.44 11;145B6
CARD
Ò7/15/2021 Involumary Repossession REPOSSESSION COST 250.00 1,752.44 11,37196
PAYMENTUS
03/23/2021 1592132692 DIRECT PAYMENT IVR DEBIT -1,053.01 300.00 11,12196
CARD
PAYMENTUS
0120/2021 1435484268 DIRECT PAYMENT IVR DEBIT -300.61 751.79 12,17497
CARD
PAYMENTUS
10/16/2020 1182313948 DIRECT 15AYMENT -150.31 150.57 12,475.58
D
RECURRING
PAYMENTUS
09/22G020 4I123789096 DIRECT PAYMENT IVR DEBIT -150.00 027 12,625.89
_L.. __... CARD
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FILED: WAYNE COUNTY CLERK 09/01/2023 11:59 AM INDEX NO. CV089425
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 09/01/2023
PAYMENTUS.
. WEB DEBIT .
08/21/2020 10t0587346 DIRECT PAYMENT CARD -15031 0.00 12,775.89
RECURRING
SIAb DIRECT
07/24/2020 ,NSF DP 948507956 07/24/2020 15031 0.00 02,926.20
PAYMENTUS
DEBU
07/24/2020 948507956 DIRECT PAYMENT -15031 0.00 12,775.89
RECURRING
PAYMENTUS
07/24/2020 947164878 DIRECT PAYMENT IVR DEBIT . -300.61 0.00 12,926.20
CARD
PAYMENTUS
06/30/2020 910193686 DIRECT PAYMENT IVR DEBIT , -300-61 0.00 13,226.81
CARD
PAYMENTUS
E DEBIf
05/29/2020 854574180 DIRECT PAYMENT -15031 0.00 13,527.42
RECURRING .. . . . .. _ _...
PAYMENTUS
DEBIT
05/15/2020 831441506 DIRECT PAYMENT -15031 0.00 13;677.73
RECURRING
PAYMENTUS
WEB DEBIT
05/01/2020 817699992' DIRECT PAYMENT -15031 0.00 13,828.04
CARD
RECURRING
SYNC PROCESS'AT
04/18/2020 MIGRATIOÑ TO 0.00 13,97835
OFSLL
PAYMENTUS
B9DEBU
04/17/2020 804309330 DIRECT PAYhfENd -150.31 0.00 13,978.35
RECURRING
PAYMENTUS
WEB,DEBU
(4/03/2020 792497466 DIRECT PAYMENT -1503.1 0.00 14,12846
CARD.
RECURRING
PAYMENTUS l
DEBIT
03/20/2020 780960602 DIRECT PAYMENT -15031 0.00 ,14,278.97
RECURRING
If your account is involved In a Chapter 13 bankruptcy, this Payment History may not be the same as that under your Chapter
13'plan, ƒhich is adndnstered by your Chapter 13 trustee. You should contact your trustee-for your plan balance and any
payments made under the plan.
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FILED: WAYNE COUNTY CLERK 09/01/2023 11:59 AM INDEX NO. CV089425
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 09/01/2023
Coppef·ElectfOilic Origirial
Not required to.rnail Or fax this c6pwto Eredit Acceptance
RETAIL JNSTALMENT CONTRACT
ACCOUNT # 19 95
LOT # B8V
Buyer Name and Address Buyer Name and Address Creditor-Seller Name and Address
CARA- HOCHLANDER N/A BBAS INC
82 69 LAKE STREET EXT 6 812 ROUTE 31 EAST
NY 14551 NEWARK, NY 14 513
SODUS,
"You" "Your"
and mean each-Buyer above, jointly and several "Us", and "We".mean Creditor-Seiler and Creditor-Seller's assignee. You may buy the Vehide·
described below for cash or medit. The cash pnce is shown on e 2 as the "Cash Prio". The credit price is shown belowas "Total Sale Price You have agreed
to buy the Vehide from Us on credit for the Total Sale Price. You edge delivery and acaptance of the Vehicle in good ondition and repair. You promise
to pay Us all amounts due underthis Retail Instalment Contract ("Contract"), “ndudi ine Total Sab Price, in a±:ordance with the payment schedule shown in the
Truth in Lending Disdosures below. You also agree to the terms and nditions be (induding the Truth in Lending Disclosures) and on the additional pages
of this Contract¯You agree to pay Us a credit service diarge at the Annual PercentageRate shown below.The Annual PercentageRate may be negotiablewith Us.
Year and Make Model and Body Style Color Vehicle Identification Number Odometer Reading
Used 2010 Chevrole t Traver se GY 1GNLREED2AS1012 60 108 , 252
TRUTH IN LENDING DISCLOSURES
Amount Total of Total Sale Price
PERCENTAGE CHARGE Financed PaymentS The total cost of Your
RATE The dollar amount The amount of crédit The amount You will purchase on credit,
The cost of Your the credit will cost provided to You or on have paid after You including Your
credit as a yearly You. Your behalf. haye made all payments down payment of
rate. as scheduled. . ·
22 . 99 "4 $ 5 , 04 8 . 4 8 $ 2 , 700 00 is
17 , 129 ..2B
$ 9 , 3 80 80 $ 14 , 42 9 . 2 8 $
Payment Schedule: Your payment schedule will be:
No. of Payrnents Amount of Payments When Payrnents Are Due
S
$
48 $ 300 . 61 Monthly beginning April 02, 2020
GEEEEEEEBMBEttS
Additionai Informationi Please read this this Contract for any additiónal infamiation abòut nonpáyment,
ORIGINAL
default, any required repaynient
·in full before the scheduled date, and prepayment refunds and penalties.
L1ABILITY INSURANCE COVERAGE FOR BODILY INJURY AND PROPERTY DAMAGES CAUSED TO OTHERS IS
NOT INCLUDED.
PROPERTY INSURANCE: You.must insure the Vehicle securing this Cóntract. YOU MAY PURCHASE OR PROVIDE THE INSURANCE THROUGH
ANYONE YOU CHOOSE WHO IS REASONABLY ACCEPTABLE TO US , as more fully described on page 3.
ARBITRATION: This Contract contains an Arbitratiori Clause that statesŽou and We may elect to resolve any dispùte by arbitration
and not by court action. See the Arbitration Clause on Page 5 of this Contract for the full terms and.conditions of the Arbitration
Clause. By Initialing belów, you confirm that yóu "have read, understand and agree to the terms and conditions In the Arbitration
Clause.
Buyer Initials: L Buyer (nitials:
USED CAR BUYERS GUIDE. THE INFORMATION YOU SEE ON THE WINDOW FORM FOR THIS VEMICLE IS PART OF THIS CONTRACT.
INFORMATION ON THE WINDOW FORM OVERRIDES ANY CONTRARY PROVISIONS IN THE CONTRACT OF SALE..
Gufa nara comoradores de vehiculos usados. La informaci6n que ve en el formulario de'la ventanilla para este vehiculo forma parte del presente
contrato. La información del formulario de la ventanilla deja sin efecto toda dispósición en contrario contenida en el contrato de venta.
ADDITIONAL TERMS AND CONDITIONS: THE ADDITIONAL TERMS AND CONDITIONS; INCLUDING THE ARBITRATION CLAUSE, SET
FORTH ON THE ADDITIONAL PAGES OF THIS CONTRACT ARE A PART OF THIS CONTRACT AND ARE INCORPORATED HEREIN BY
REFERENCE.
Buyer's Initials
NEW.YORK CREDrFACCEPTANCE CÖRPORATIÓN(11-16)
© 2012 w2016 Credit Acceptance Corporation. Buyer's Initials
All Rights Reserved. PAGE 4 of 5
TheoriginalretailinstallmentcontractIsassignedto CreditAcceptanceCorporation
This copywascreatedon D3102i2020
6 of 11
FILED: WAYNE COUNTY CLERK 09/01/2023 11:59 AM INDEX NO. CV089425
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 09/01/2023
Copfof Electronic Orisirial
Not req_ired tci mail or faidths cepý fo dedit Acceptarice
IfENilZATION OF AMOUNT 0-INANCED
1. Cash Price (including accessories and improvernents to the Vehicle) ......................................................................................... $ 8, 995 . 00 (1)
2. Sales Tax...................a...:..........................................:.............................----.....”.. -...a................................................................... $ 874 . 80 (2)
3. Down-Payment Calculation: Cash Down Payrnent .........................................................$ 2, 700 . 00 (A)
Deferred Down Payment ........................:.............................. $ N/A (a
Trade-In Description: Gross Trade-In ..............$ N/A (C)
Máke: N/A
Model: N/A Payoff Made by Seller...$ N/A (D)
Net Trade-In (if negative number, insert"O"in IIne 3(E) and itemize difference1n 5(E) below) (C-D) ... S N/A (E)
Trade-in Description: Gross Trade:ln.i............5 N/A (F)
Make: Ñ A
Model: N/A Payoff Made by Seller ...5 N/A (G).
"0" N/A
Net Trade-in (if neáative number, Insert in line 3(H) and itemize difference in 5(J) below) (F-G) ... $ (H)
Other Manufacturers Rebate ......................................................................................................... $ N/A
0)
Tota| Down Payment ..........................................(A + B + E + H + I) S 2 r 700. 00 (3)
4. Unpaid Balance of Cash Price (i+ 2 less 3) ............................................................................................-..................................S. 'f,=169. 80 (4)
5. Other Charges Including Amounts Pald to Others.on Your Behalf:
(NOTICE: A portion of these charges rnay be paid to or retained.by Us.)
N/A
A. "Cost of Required.Physical.Damage Insurance Paid to Insurance Company.....................................S
B. "Cost of Optional Extended Warranty or Service Contract Paid to the Company named below ....... 1, 940 . 00 .(s)
C. Cost of Fees Paid tosPublic Officials for Perfectirig, Releasing or Satisfying a Security interest......... $ N/A ((
D. Cost of Fees Paid to Public Officials for Certificate áf Title, License and Registration ...................... $ 175 . 00
(D)
Other Charges (Seller must identify who will receive payment and describe purpose)
E. to N/A for [ien or fease payoff .................................................$ N/A
(E)
F. *to seller for DEALER PROCESSING FEE . . 75 . 00 g)
G. *to new york state for EMISSION TEST FEE.. $ 21.. 00 (G)
H. *to N/A fór N/A $ N/A (H)
L ?tó N/A -- - for N/A $ N/A
)
J. to N/A for [|en or lease payoff ................................................. S
Total of Other Charges and Amounts Paid to Others on Your Behalf ........e................................................:................................. $ 2 r211. 00 (5)
6. Less Prepaid Finance Charge ................2........a............................................................................................................................ $ N/A
(s)
7. Amount Financed - Unpaid Balance (4 + 5 less 6)..................................................................................................................... $ 9, 380 . 80 (7)
D OR E ON p or
s as a nditio . hasin , gt
extended warranty or·service contract covering the repair of certain major mechanical breakdowns of the Vehicle and lated expenses. Refer
to the optional extended ù/arranty or service contract far details about coverage and duration.
Pri e $ 1, 940. 00 Term:24 Mos . \ 24Ô00 Miles Company: First Automotive Service Corporation
C= adda a..c . 03/02/2020
Buyer's Signature Date Buyer's Signature Date
NOTICE TO BUYER:.1. Do not si gn this agreement before you read it or if it contains any blank space. 2. You are entitlet
to a completely filled in cop of this a reement. 3. Under the law, you have the right to pay off In advance the full amoun
due-and under certain cond tions to o tain a partial refund of the credit service charge. 4. According to law you have the
privilege of purchasing the insurance on the motor vehicle provided for in this contract from an agent or broker of you
own.selection.
You agree to the terms of this Contract and acknowledge that You have received a copy of this Contract with all blanks filled
in and that You have read it and understand it.
RETali INSTÃLMENT CONTRACT
64we. 0efdandes
Buyer's Signature: x . Buyer's Signature: x
Seller BBAS INC ..,,. Title: AGENT
This Contract is signed by the Selfer and Buyer(s) hereto this 2nd March 2020
day of
NEWYORK CTEÒriACCEPTANCE cORFiORATION(1J-16)
©.2012 - 2016 Credit Acceptance Corporation.
All Rights Rererved.. PAGE 2 of S
is assignedto CreditAcceptanceCorporationa
Theoriginalretailinstallrnen1contract
This copywascreatedon D3/02/2020
7 of 11
FILED: WAYNE COUNTY CLERK 09/01/2023 11:59 AM INDEX NO. CV089425
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 09/01/2023
Coppef Electroni Ori iriâl
Not reDiredto mail or fax this cÿpýto CYedit Accèptane
ADDITIONAL TERMS AND CONDITIONS
Security Interest. You give Us a security interest in: 1). The Vehicle and all parts or goods installed in it; .-Ali money or goods received
(proceeds) for the Vehicle; 3). All insurance, maintenance, service or other contracts We fmance for You; and . All proceeds from insurance,
maintenance, service or other contracts We finance for You (this includes any refuIds of premiums). This secures payment of all You owe on this
Contract and in any transfer, renewal, extension or assignment of this Contract. It also secures Your other agreements in this Contract. You agree to
have the certificate of title show our security interest (lien) in the Vehicle.
Late Charge. You promise to make all psyments when due. If You fail to make a payment when it is due, You agree to pay Us a late charge às
stated on Page 1 of this Contract. You agree that We do not waive any of our rights by accepting one or more late payments from You.
Bád Check Charge. You agree to pay Us a bad check charge of $20.00 (or such other amount permitted by applicable law) for any check or like
instrument given by You to Us that is retumed by Your bank because of insufficient funds or because Your. bank account was closed.
Ownership and Risk of Loss. You promise to pay Us all You owe under this Contract even if the Vehicle is damaged, destroyed or missing.
Your Other Promises to Us. You promise that:
- You will not remove the Vehicle from the United States or Canada without our written permission.
- You will not sell, rent,.lease or otherwise transfer any interest in the Vehicle or this Contract without our written permission.
- You will not expose the Vehicle to misuse or confiscation.
- You will not permit any other lien or security interest to be placed on the Vehicle.
- You will preserve and protect the Vehicle and keep it in good condition and repair.
- You will not use the Vehicle in a trade or business without our written consent.
- You will not use the Vehicle unlawfully or abandon it. If a govemmental agency impounds the Vehicle, You will notify Us immediately
and repain possession of the Vehicle. We may regain possession of the Vehicle and treat it as a default.
·- You wdl pay all taxes, assessments, rentals, charges, and other fees imposed ortthe Vehicle when they are due. If We pay any repair
bills, storage blils, taxes, fines, fees, or other charges on the Vehicle, You agree to repay the aniount to Us.
- You wili permit Us to inspect the Vehicle at any reasonable time.
- interest.
You will pro y sign, or cause others to sign, and give Us any doctirnents We reasonably request to perfect our securi
-- You have no made and will not -make an untrue, misleading or incomplete statement in a credit applicatiori, this:Con ct or any
information provided in connection with this Contract.
- You will promptly provide Us with any additional personai or financial information conceming You or any information about the Vehicle
that We may reasonably request from time to time.
Preview
FILED: WAYNE COUNTY CLERK 09/01/2023 11:59 AM INDEX NO. CV089425 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 09/01/2023 SUPREME COURT OF THE STATE OF NEW YORK 3AAXXXX1995 COUNTY OF WAYNE ___________________________________x CREDIT ACCEPTANCE CORPORATION Index No. 0089425 Plaintiff, - Against - AFFIDAVIT OF FACTS CARA HOCHLANDER BY ORIGINAL CREDITOR Defendant(s). ___________________________________Ç STATE OF MICHIGAN ) ) SS: COUNTY OF OAKLAND The undersigned, being duly sworn, deposes and says: Jai'Tanya Robertson am a/an [X]employee []officer 1. I, []member) of Credit ACCePLdlNc servicer for ("Servicer"), CREDIT ACCEPTANCE CORPORATION ("Plaintiff"), and I have access to Plaintiff's books and records ("Business Records"), including electronic records, relating to the account ("Account") of CARA HOCHLANDER ("Defendant"). The last four digits of the Account number are 1995. In my position, I have personal knowledge of the procedures for creating and maintaining Plaintiff's Business Records. Plaintiff's Business Records were made in the regular course of business, and it was the regular course of such business to make the Business Records. The records were made at or near the time of the events recorded. Based on my review of Plaintiff's·Business Records, I have personal knowledge of the facts set forth in this affidavit. 2. [Check this paragraph if Servicer] [] Servicer is the servicer for the Plaintiff in the underlying action. Plaintiff has authorized Servicer to service and maintain the Business Records relating to the Account, along with giving testimony and executing affidavits, declarations, and certifications on behalf of Plaintiff regarding the Account. 3. Plaintiff and Defendant entered into a credit agreement ("Agreement"). Defendant agreed to pay Plaintiff for all goods, services and cash advances provided pursuant to the Agreement. The amount of the last payment, if any, made by Defendant was $368.00 made on 10/29/2021. Defendant is now in default and demand for payment has been made. A true and correct copy of the Agreement or document(s) evidencing the Agreement is/are attached as an exhibit to this affidavit. 4. [Check this paragraph if seeking judgment on an account stated cause of action] [] I have personal knowledge of Plaintiff's procedures for generating and mailing account statements to customers. It is the regular practice of Plaintiff's business to provide periodic account statements to its customers. On or about / / , Plaintiff sent one or more account statements relating to the Account to Defendant stating the amount due as $ . The account statement(s) were mailed to Defendant's last known address and Plaintiff's records do not reflect that the statement(s) were returned by the post office or that the Defendant objected to them. A true and correct copy of the final account statement(s) is attached as an exhibit to this affidavit. 1 of 11 FILED: WAYNE COUNTY CLERK 09/01/2023 11:59 AM INDEX NO. CV089425 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 09/01/2023 5. [Check this paragraph if seeking judgment on a revolving consumer credit account] [] At this time, Defendant owes $ on the Account. This amount includes a charge-off balance of $ , post-charge-off interest of $ , post-charge-off fees and charges of $ , less any post-charge-off credits or payments made by or on behalf of the Defendant of 6. [Check this paragraph if seeking judgment on a non-revolving consumer credit account] [X] At this time, Defendant owes $3231.73 on the Account. As set forth in the exhibits attached hereto and made a part hereof, this amount is broken out by (i) principal; (ii) finance charge or charges; (iii) fees imposed by the original creditor; (iv) collection costs; (v) attorney's fees; (vi) interest; and (vii) any other fees and charges. less post-sale credits or payments made by or on behalf of the Defendant of $.00. 7. As set forth in New York CPLR Article 50, the interest rate applicable to the Account pursuant to section five thousand four of this chapter applies. 8. [Check if not seeking post-judgment interest] [] Plaintiff explicitly disclaims any right to post-judgment interest on this Account. WHEREFORE, deponent demands judgment against Defendant for $3231.73, (plus interest from 4/03/22, if applicable), together with the c sts d disbursements of this action. Dated: / 7fg/ Affiant ignature JaFTanya Robertson Sworn to before me this day Affiant Name of ,20Ò. otary lic FORSTER & GARBUS LLP FORSTER & GARBUS ATTORNEYS FOR PLAINTIFF 2950 Express Dr S, Suite 100 Islandia, NY 11749 ZANYAWATr (631) 393-9400 7/28/23 NotaryPublic,StateofMichigan CountyofWayne MyCommisslanExpIresNov,01,2028 ActinginlheCountyofOakland 2 of 11 FILED: WAYNE COUNTY CLERK 09/01/2023 11:59 AM INDEX NO. CV089425 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 09/01/2023 Credi . Ace We ace tivest thany Suit Start Cover Attorney: FORSTERAND GARBUS LLP Date: 11/03/2022 CAC Account # 1995 Contract Signed in:NEWARK, NY Pleasetale legal action against the following indMdual: CARA HOCTLANDER A (CT Inf0rillshon CARA HOCHLANDER Residence ^Employer 8269 LakeStreetExt SodusPoint, NY 14555-9612 , Vehicle:20IO ChevroletTraverse Rat 1 ·Amnunts CoraractDate: 103/020020 OriginalAmountFinancedi S9,380.80 ScheduledMaturityDate: 103/02/2Ó24 OriginalFirmineeCharge: 55,048 B A'ccruedDaná!cs Datet 04/03/2022 Original Contr!ctBalance: $14,429.28 CollateralRepossessionDate: Total Âmotunof PaymentsReceived" $10,29925 Rebate Type Rebate Amottnt Reliate Date FinanceChargeRebate: 51,364.30 04/03/2022 Total Amountof late PaymentFees 50.00 Total Amountof ReturnedCheckFees SO.00 RepossessionCosts $326.00 AuctionCosts S140.00 .GrossAuctionProceed .50.00 OtherCredits S6,225.07 OtherDebits 50.00 Pritzipal $3,15523 Interest · SO.00 Fees. `0.00 Costs $76.00 AccruedDanngesamotun S3;23123 3 of 11 FILED: WAYNE COUNTY CLERK 09/01/2023 11:59 AM INDEX NO. CV089425 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 09/01/2023 Credi . credifacceptance.com CARA HOCHLANDER 11/03/2022 Account 1995 Initial Balance:03/02/2020 S 14,429.28 Payment History Date Reference Description Sub Type Anannt Fast Due Balance C D 04/I5a022 -6,22107 );25591 3,231.73 04/15G022 ADVANCE/PRINCIPAL 9,380.80 WAIVE 04/15/2022 ADVANCE/PRINCIPAL FINANCE CHARGE 04/I5/2022 -1,364.30 REBATE 04/144022 1328398 TITLE FEE 76.00 677.22 4,596.03 S CE 03/10/2022. 100372389 Vehicle -57/1093 30061 4,520.03 PAYMENTUS 10/29/2021 2025992290 DIRECT PAYMENT IVR DEBIT -368.00 1,51327 10,230B6 CARD PAÝMENTUS 09/10/2021 1939457384 DIRECT'PAYMENT IVR DEBIT -369.00 1,580.66 10,598;9,6 CARD AUCTION REPAIR 08/230021 Redeerned 140.00 1,649.05 10,967S6 REVERSAL - 08/23/2021 PPD-97881995-3962311-3962314 AUCT.N REPAIR -140.00 FEE AUCTION REPAIR 08/06/2021 PPD-97881995-3962311-3962314 140.00 1,649.05 1Ò,96736 PAYMENTUS 08/06/2021 1893775812 DIRECT PAYMENT IVR DEBlx -92.00 1,509.Ò5 10,82796 PÃYMENTUS | 07/30/2021 1881960158 DIRECT PAYMENT IVR DEBIT -226.00 1,30044 l0,91996 cARD .-- ...--..- 07474021 1877940970 DIRECT.PAYMENT IVR DEBIT -226.00 1,526.44 11;145B6 CARD Ò7/15/2021 Involumary Repossession REPOSSESSION COST 250.00 1,752.44 11,37196 PAYMENTUS 03/23/2021 1592132692 DIRECT PAYMENT IVR DEBIT -1,053.01 300.00 11,12196 CARD PAYMENTUS 0120/2021 1435484268 DIRECT PAYMENT IVR DEBIT -300.61 751.79 12,17497 CARD PAYMENTUS 10/16/2020 1182313948 DIRECT 15AYMENT -150.31 150.57 12,475.58 D RECURRING PAYMENTUS 09/22G020 4I123789096 DIRECT PAYMENT IVR DEBIT -150.00 027 12,625.89 _L.. __... CARD 4 of 11 FILED: WAYNE COUNTY CLERK 09/01/2023 11:59 AM INDEX NO. CV089425 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 09/01/2023 PAYMENTUS. . WEB DEBIT . 08/21/2020 10t0587346 DIRECT PAYMENT CARD -15031 0.00 12,775.89 RECURRING SIAb DIRECT 07/24/2020 ,NSF DP 948507956 07/24/2020 15031 0.00 02,926.20 PAYMENTUS DEBU 07/24/2020 948507956 DIRECT PAYMENT -15031 0.00 12,775.89 RECURRING PAYMENTUS 07/24/2020 947164878 DIRECT PAYMENT IVR DEBIT . -300.61 0.00 12,926.20 CARD PAYMENTUS 06/30/2020 910193686 DIRECT PAYMENT IVR DEBIT , -300-61 0.00 13,226.81 CARD PAYMENTUS E DEBIf 05/29/2020 854574180 DIRECT PAYMENT -15031 0.00 13,527.42 RECURRING .. . . . .. _ _... PAYMENTUS DEBIT 05/15/2020 831441506 DIRECT PAYMENT -15031 0.00 13;677.73 RECURRING PAYMENTUS WEB DEBIT 05/01/2020 817699992' DIRECT PAYMENT -15031 0.00 13,828.04 CARD RECURRING SYNC PROCESS'AT 04/18/2020 MIGRATIOÑ TO 0.00 13,97835 OFSLL PAYMENTUS B9DEBU 04/17/2020 804309330 DIRECT PAYhfENd -150.31 0.00 13,978.35 RECURRING PAYMENTUS WEB,DEBU (4/03/2020 792497466 DIRECT PAYMENT -1503.1 0.00 14,12846 CARD. RECURRING PAYMENTUS l DEBIT 03/20/2020 780960602 DIRECT PAYMENT -15031 0.00 ,14,278.97 RECURRING If your account is involved In a Chapter 13 bankruptcy, this Payment History may not be the same as that under your Chapter 13'plan, ƒhich is adndnstered by your Chapter 13 trustee. You should contact your trustee-for your plan balance and any payments made under the plan. 5 of 11 FILED: WAYNE COUNTY CLERK 09/01/2023 11:59 AM INDEX NO. CV089425 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 09/01/2023 Coppef·ElectfOilic Origirial Not required to.rnail Or fax this c6pwto Eredit Acceptance RETAIL JNSTALMENT CONTRACT ACCOUNT # 19 95 LOT # B8V Buyer Name and Address Buyer Name and Address Creditor-Seller Name and Address CARA- HOCHLANDER N/A BBAS INC 82 69 LAKE STREET EXT 6 812 ROUTE 31 EAST NY 14551 NEWARK, NY 14 513 SODUS, "You" "Your" and mean each-Buyer above, jointly and several "Us", and "We".mean Creditor-Seiler and Creditor-Seller's assignee. You may buy the Vehide· described below for cash or medit. The cash pnce is shown on e 2 as the "Cash Prio". The credit price is shown belowas "Total Sale Price You have agreed to buy the Vehide from Us on credit for the Total Sale Price. You edge delivery and acaptance of the Vehicle in good ondition and repair. You promise to pay Us all amounts due underthis Retail Instalment Contract ("Contract"), “ndudi ine Total Sab Price, in a±:ordance with the payment schedule shown in the Truth in Lending Disdosures below. You also agree to the terms and nditions be (induding the Truth in Lending Disclosures) and on the additional pages of this Contract¯You agree to pay Us a credit service diarge at the Annual PercentageRate shown below.The Annual PercentageRate may be negotiablewith Us. Year and Make Model and Body Style Color Vehicle Identification Number Odometer Reading Used 2010 Chevrole t Traver se GY 1GNLREED2AS1012 60 108 , 252 TRUTH IN LENDING DISCLOSURES Amount Total of Total Sale Price PERCENTAGE CHARGE Financed PaymentS The total cost of Your RATE The dollar amount The amount of crédit The amount You will purchase on credit, The cost of Your the credit will cost provided to You or on have paid after You including Your credit as a yearly You. Your behalf. haye made all payments down payment of rate. as scheduled. . · 22 . 99 "4 $ 5 , 04 8 . 4 8 $ 2 , 700 00 is 17 , 129 ..2B $ 9 , 3 80 80 $ 14 , 42 9 . 2 8 $ Payment Schedule: Your payment schedule will be: No. of Payrnents Amount of Payments When Payrnents Are Due S $ 48 $ 300 . 61 Monthly beginning April 02, 2020 GEEEEEEEBMBEttS Additionai Informationi Please read this this Contract for any additiónal infamiation abòut nonpáyment, ORIGINAL default, any required repaynient ·in full before the scheduled date, and prepayment refunds and penalties. L1ABILITY INSURANCE COVERAGE FOR BODILY INJURY AND PROPERTY DAMAGES CAUSED TO OTHERS IS NOT INCLUDED. PROPERTY INSURANCE: You.must insure the Vehicle securing this Cóntract. YOU MAY PURCHASE OR PROVIDE THE INSURANCE THROUGH ANYONE YOU CHOOSE WHO IS REASONABLY ACCEPTABLE TO US , as more fully described on page 3. ARBITRATION: This Contract contains an Arbitratiori Clause that statesŽou and We may elect to resolve any dispùte by arbitration and not by court action. See the Arbitration Clause on Page 5 of this Contract for the full terms and.conditions of the Arbitration Clause. By Initialing belów, you confirm that yóu "have read, understand and agree to the terms and conditions In the Arbitration Clause. Buyer Initials: L Buyer (nitials: USED CAR BUYERS GUIDE. THE INFORMATION YOU SEE ON THE WINDOW FORM FOR THIS VEMICLE IS PART OF THIS CONTRACT. INFORMATION ON THE WINDOW FORM OVERRIDES ANY CONTRARY PROVISIONS IN THE CONTRACT OF SALE.. Gufa nara comoradores de vehiculos usados. La informaci6n que ve en el formulario de'la ventanilla para este vehiculo forma parte del presente contrato. La información del formulario de la ventanilla deja sin efecto toda dispósición en contrario contenida en el contrato de venta. ADDITIONAL TERMS AND CONDITIONS: THE ADDITIONAL TERMS AND CONDITIONS; INCLUDING THE ARBITRATION CLAUSE, SET FORTH ON THE ADDITIONAL PAGES OF THIS CONTRACT ARE A PART OF THIS CONTRACT AND ARE INCORPORATED HEREIN BY REFERENCE. Buyer's Initials NEW.YORK CREDrFACCEPTANCE CÖRPORATIÓN(11-16) © 2012 w2016 Credit Acceptance Corporation. Buyer's Initials All Rights Reserved. PAGE 4 of 5 TheoriginalretailinstallmentcontractIsassignedto CreditAcceptanceCorporation This copywascreatedon D3102i2020 6 of 11 FILED: WAYNE COUNTY CLERK 09/01/2023 11:59 AM INDEX NO. CV089425 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 09/01/2023 Copfof Electronic Orisirial Not req_ired tci mail or faidths cepý fo dedit Acceptarice IfENilZATION OF AMOUNT 0-INANCED 1. Cash Price (including accessories and improvernents to the Vehicle) ......................................................................................... $ 8, 995 . 00 (1) 2. Sales Tax...................a...:..........................................:.............................----.....”.. -...a................................................................... $ 874 . 80 (2) 3. Down-Payment Calculation: Cash Down Payrnent .........................................................$ 2, 700 . 00 (A) Deferred Down Payment ........................:.............................. $ N/A (a Trade-In Description: Gross Trade-In ..............$ N/A (C) Máke: N/A Model: N/A Payoff Made by Seller...$ N/A (D) Net Trade-In (if negative number, insert"O"in IIne 3(E) and itemize difference1n 5(E) below) (C-D) ... S N/A (E) Trade-in Description: Gross Trade:ln.i............5 N/A (F) Make: Ñ A Model: N/A Payoff Made by Seller ...5 N/A (G). "0" N/A Net Trade-in (if neáative number, Insert in line 3(H) and itemize difference in 5(J) below) (F-G) ... $ (H) Other Manufacturers Rebate ......................................................................................................... $ N/A 0) Tota| Down Payment ..........................................(A + B + E + H + I) S 2 r 700. 00 (3) 4. Unpaid Balance of Cash Price (i+ 2 less 3) ............................................................................................-..................................S. 'f,=169. 80 (4) 5. Other Charges Including Amounts Pald to Others.on Your Behalf: (NOTICE: A portion of these charges rnay be paid to or retained.by Us.) N/A A. "Cost of Required.Physical.Damage Insurance Paid to Insurance Company.....................................S B. "Cost of Optional Extended Warranty or Service Contract Paid to the Company named below ....... 1, 940 . 00 .(s) C. Cost of Fees Paid tosPublic Officials for Perfectirig, Releasing or Satisfying a Security interest......... $ N/A (( D. Cost of Fees Paid to Public Officials for Certificate áf Title, License and Registration ...................... $ 175 . 00 (D) Other Charges (Seller must identify who will receive payment and describe purpose) E. to N/A for [ien or fease payoff .................................................$ N/A (E) F. *to seller for DEALER PROCESSING FEE . . 75 . 00 g) G. *to new york state for EMISSION TEST FEE.. $ 21.. 00 (G) H. *to N/A fór N/A $ N/A (H) L ?tó N/A -- - for N/A $ N/A ) J. to N/A for [|en or lease payoff ................................................. S Total of Other Charges and Amounts Paid to Others on Your Behalf ........e................................................:................................. $ 2 r211. 00 (5) 6. Less Prepaid Finance Charge ................2........a............................................................................................................................ $ N/A (s) 7. Amount Financed - Unpaid Balance (4 + 5 less 6)..................................................................................................................... $ 9, 380 . 80 (7) D OR E ON p or s as a nditio . hasin , gt extended warranty or·service contract covering the repair of certain major mechanical breakdowns of the Vehicle and lated expenses. Refer to the optional extended ù/arranty or service contract far details about coverage and duration. Pri e $ 1, 940. 00 Term:24 Mos . \ 24Ô00 Miles Company: First Automotive Service Corporation C= adda a..c . 03/02/2020 Buyer's Signature Date Buyer's Signature Date NOTICE TO BUYER:.1. Do not si gn this agreement before you read it or if it contains any blank space. 2. You are entitlet to a completely filled in cop of this a reement. 3. Under the law, you have the right to pay off In advance the full amoun due-and under certain cond tions to o tain a partial refund of the credit service charge. 4. According to law you have the privilege of purchasing the insurance on the motor vehicle provided for in this contract from an agent or broker of you own.selection. You agree to the terms of this Contract and acknowledge that You have received a copy of this Contract with all blanks filled in and that You have read it and understand it. RETali INSTÃLMENT CONTRACT 64we. 0efdandes Buyer's Signature: x . Buyer's Signature: x Seller BBAS INC ..,,. Title: AGENT This Contract is signed by the Selfer and Buyer(s) hereto this 2nd March 2020 day of NEWYORK CTEÒriACCEPTANCE cORFiORATION(1J-16) ©.2012 - 2016 Credit Acceptance Corporation. All Rights Rererved.. PAGE 2 of S is assignedto CreditAcceptanceCorporationa Theoriginalretailinstallrnen1contract This copywascreatedon D3/02/2020 7 of 11 FILED: WAYNE COUNTY CLERK 09/01/2023 11:59 AM INDEX NO. CV089425 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 09/01/2023 Coppef Electroni Ori iriâl Not reDiredto mail or fax this cÿpýto CYedit Accèptane ADDITIONAL TERMS AND CONDITIONS Security Interest. You give Us a security interest in: 1). The Vehicle and all parts or goods installed in it; .-Ali money or goods received (proceeds) for the Vehicle; 3). All insurance, maintenance, service or other contracts We fmance for You; and . All proceeds from insurance, maintenance, service or other contracts We finance for You (this includes any refuIds of premiums). This secures payment of all You owe on this Contract and in any transfer, renewal, extension or assignment of this Contract. It also secures Your other agreements in this Contract. You agree to have the certificate of title show our security interest (lien) in the Vehicle. Late Charge. You promise to make all psyments when due. If You fail to make a payment when it is due, You agree to pay Us a late charge às stated on Page 1 of this Contract. You agree that We do not waive any of our rights by accepting one or more late payments from You. Bád Check Charge. You agree to pay Us a bad check charge of $20.00 (or such other amount permitted by applicable law) for any check or like instrument given by You to Us that is retumed by Your bank because of insufficient funds or because Your. bank account was closed. Ownership and Risk of Loss. You promise to pay Us all You owe under this Contract even if the Vehicle is damaged, destroyed or missing. Your Other Promises to Us. You promise that: - You will not remove the Vehicle from the United States or Canada without our written permission. - You will not sell, rent,.lease or otherwise transfer any interest in the Vehicle or this Contract without our written permission. - You will not expose the Vehicle to misuse or confiscation. - You will not permit any other lien or security interest to be placed on the Vehicle. - You will preserve and protect the Vehicle and keep it in good condition and repair. - You will not use the Vehicle in a trade or business without our written consent. - You will not use the Vehicle unlawfully or abandon it. If a govemmental agency impounds the Vehicle, You will notify Us immediately and repain possession of the Vehicle. We may regain possession of the Vehicle and treat it as a default. ·- You wdl pay all taxes, assessments, rentals, charges, and other fees imposed ortthe Vehicle when they are due. If We pay any repair bills, storage blils, taxes, fines, fees, or other charges on the Vehicle, You agree to repay the aniount to Us. - You wili permit Us to inspect the Vehicle at any reasonable time. - interest. You will pro y sign, or cause others to sign, and give Us any doctirnents We reasonably request to perfect our securi -- You have no made and will not -make an untrue, misleading or incomplete statement in a credit applicatiori, this:Con ct or any information provided in connection with this Contract. - You will promptly provide Us with any additional personai or financial information conceming You or any information about the Vehicle that We may reasonably request from time to time.