On February 09, 2021 a
Party Statement
was filed
involving a dispute between
Capital One Bank,
and
S And W Tours & Charters Llc,
Wayne E Lebarge,
for Other Matters - Consumer Credit (Card) Original Creditor Plaintiff
in the District Court of St. Lawrence County.
Preview
FILED: ST. LAWRENCE COUNTY CLERK 05/04/2021 10:20 AM INDEX NO. EFCV-21-159200
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 05/04/2021
suPREME COURT OF THE STATE OF NEW YORK Index No: EFCV-21-159200
County of ST LAWRENCE
------_____________ ___ __ _ __ ___.-------------x Our File No.: 0808B 392465
CAPITAL ONE BANK (USA), N.A.
Plaintiff,
-against-
WAYNE E LEBARGE
S AND W TOURS & CHARTERS LLC
Defendant(s)
-------------------------------------------x
AFFIRMATION OF NON-EXPIRATION STATUTE OF LIMITATIONS
The undersigned pursuant to CPLR Sec.2106 and under penalties of perjury affirms
the following:
1. I am counsel for the above captioned Plaintiff in the instant action.
2. The cause(s) of action asserted herein accrued on 08/07/19 , in the state
of VTRGTNTA the statute(s) of limitations for the cause(s) of action
asserted herein is/are 3 years. Based on my reasonable inquiry, I believe
the applicable statute(s) of limitations for the cause (s) of action asserted
herein has/have not expired.
3. This account was originated by CAPITAL ONE BANK (USA), N.A. .
Upon information and belief CAPITAL ONE BANK (USA), N.A.
is incorporated and the cause of action accrued in the state of VIRGINIA .
4. After reasonable the 3 year Statute of Limitations "SOL" period
inquiry,
for the state of VIRGINIA and NY 6 year SOL had not expired
as of the commencement of the action.
The above statements are true and correct to the best of personal knowledge.
Dated: Apr 21, 2021
_...
Adam Hughe , Nic Olas Temp eton
ssociates, p.c.
Attorney for Plaintiff
123 Frost Street
Westbury, NY 11590
(516) 334-3500
1 of 1
Document Filed Date
May 04, 2021
Case Filing Date
February 09, 2021
Category
Other Matters - Consumer Credit (Card) Original Creditor Plaintiff
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