On August 12, 2021 a
Answer
was filed
involving a dispute between
Lvnv Funding Llc,
and
Shlomie Sperber,
for Other Matters - Consumer Credit (Card) Debt Buyer Plaintiff
in the District Court of Rockland County.
Preview
FILED: ROCKLAND COUNTY CLERK 09/09/2021 12:28 PM INDEX NO. 034804/2021
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 09/09/2021
SUPREME COURT OF THE CITY OF NEW YORK
COUNTY OF ROCKLAND
------------------------------------------------------------------ X
LVNV FUNDING LLC, INDEX NO.: 034804/2021
Plaintiff, ANSWER AND AFFIRMATIVE
DEFENSES
-against-
SHLOIME SPERBER
Defendant(s),
----------------------------------------------------------------- X
ANSWER:
Defendant(s), via the undersigned attorney, answering the complaint, states as follows:
Denies either outright or due to insufficient knowledge or information to form a belief as to all
paragraphs of the complaint other than jurisdictional allegations as it relates to the Defendant(s).
AFFIRMATIVE DEFENSES:
The defenses asserted hereafter are raised so as not to be deemed waived. The defenses
asserted hereafter are asserted in good faith based on facts presently available and facts which
discovery may reveal in this action. Furthermore, all references to the Plaintiff shall mean either
the Plaintiff or the original creditor of the subject account.
1. The cause of action may not be maintained because of arbitration and award, collateral
estoppel, discharge in bankruptcy, infancy or other disability of the moving party,
payment, release, res judicata, statute of limitations, or statute of frauds.
2. The Complaint fails to state a claim upon which relief may be granted.
3. Plaintiff’s claims are barred by the doctrine of laches.
4. Plaintiff’s claims are barred by the doctrines of waiver and estoppel.
1 of 3
FILED: ROCKLAND COUNTY CLERK 09/09/2021 12:28 PM INDEX NO. 034804/2021
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 09/09/2021
5. Upon information and belief, some or all of the alleged charges were incorrect or
unauthorized or disputed, and Plaintiff refused to honor the dispute or cancel /
chargeback the unauthorized charges.
6. Plaintiff’s calculation of interest is usurious or based on a rate that is greater than allowed
by law.
7. Plaintiff presents to this Court with unclean hands.
8. Upon information and belief, the balance that the Plaintiff has alleged is incorrect, as
Defendant has made payments towards the balance and the Defendant(s) is entitled to set
off sums to be determined.
9. Plaintiff has failed to mitigate its damages.
10. The contract or agreement, or any portion thereof, which gave rise to this lawsuit may not
be received into evidence on behalf of Plaintiff as said contract or agreement, or any
portion thereof, is not in compliance with CPLR 4544.
11. Plaintiff’s claims, if granted, are unconscionable, and would result in unjust enrichment
as Defendant(s) was charged and paid excessive and unauthorized interest, fees and
charges.
12. Plaintiff’s claims should be set off in part in the amount that the Plaintiff received a tax
credit when it charged-off the subject account and wrote off the debt as a business loss as
it received an additional credit and reduced the amount that it paid in taxes due to the
status of this account.
13. The parties on the account did not have a meeting of the minds to create joint liability for
Defendants. At the time of contract formation the individual Defendant(s) did not intend
on having personal liability on the subject account.
2 of 3
FILED: ROCKLAND COUNTY CLERK 09/09/2021 12:28 PM INDEX NO. 034804/2021
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 09/09/2021
14. Upon information and belief, all or some of the charges on the subject account were not
authorized by the Defendant(s), and were made by a rogue employee.
15. If allowed by this court, Defendant(s) reserve(s) the right to plead other affirmative
defenses that may become available at a later time.
WHEREFORE, Defendant(s) demand(s) judgment dismissing the complaint herein and
that Defendant(s) have such other and further relief as the court may deem equitable, just and
proper.
NOTICE PURSUANT TO SECTION 1102(b) OF CCA, UCCA, UDCA, & UJCA
Defendant(s) hereby deny/denies the genuineness of any signature to a written instrument
pleaded by Plaintiff and hereby make(s) demand that the genuineness of such signature be
proved.
Dated: Brooklyn, New York
September 9, 2021
/s/ Joseph Y. Balisok
Joseph Y. Balisok, Esq.
251 Troy Avenue
Brooklyn, New York, 11213
Office: 718-928-9607 x 1040
Fax: 718-534-9747
Joseph@LawBalisok.com
Attorney for Defendant(s)
3 of 3
Document Filed Date
September 09, 2021
Case Filing Date
August 12, 2021
Category
Other Matters - Consumer Credit (Card) Debt Buyer Plaintiff
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
FILED: ROCKLAND COUNTY CLERK 09/09/2021 12:28 PM INDEX NO. 034804/2021 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 09/09/2021 SUPREME COURT OF THE CITY OF NEW YORK COUNTY OF ROCKLAND ------------------------------------------------------------------ X LVNV FUNDING LLC, INDEX NO.: 034804/2021 Plaintiff, ANSWER AND AFFIRMATIVE DEFENSES -against- SHLOIME SPERBER Defendant(s), ----------------------------------------------------------------- X ANSWER: Defendant(s), via the undersigned attorney, answering the complaint, states as follows: Denies either outright or due to insufficient knowledge or information to form a belief as to all paragraphs of the complaint other than jurisdictional allegations as it relates to the Defendant(s). AFFIRMATIVE DEFENSES: The defenses asserted hereafter are raised so as not to be deemed waived. The defenses asserted hereafter are asserted in good faith based on facts presently available and facts which discovery may reveal in this action. Furthermore, all references to the Plaintiff shall mean either the Plaintiff or the original creditor of the subject account. 1. The cause of action may not be maintained because of arbitration and award, collateral estoppel, discharge in bankruptcy, infancy or other disability of the moving party, payment, release, res judicata, statute of limitations, or statute of frauds. 2. The Complaint fails to state a claim upon which relief may be granted. 3. Plaintiff’s claims are barred by the doctrine of laches. 4. Plaintiff’s claims are barred by the doctrines of waiver and estoppel. 1 of 3 FILED: ROCKLAND COUNTY CLERK 09/09/2021 12:28 PM INDEX NO. 034804/2021 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 09/09/2021 5. Upon information and belief, some or all of the alleged charges were incorrect or unauthorized or disputed, and Plaintiff refused to honor the dispute or cancel / chargeback the unauthorized charges. 6. Plaintiff’s calculation of interest is usurious or based on a rate that is greater than allowed by law. 7. Plaintiff presents to this Court with unclean hands. 8. Upon information and belief, the balance that the Plaintiff has alleged is incorrect, as Defendant has made payments towards the balance and the Defendant(s) is entitled to set off sums to be determined. 9. Plaintiff has failed to mitigate its damages. 10. The contract or agreement, or any portion thereof, which gave rise to this lawsuit may not be received into evidence on behalf of Plaintiff as said contract or agreement, or any portion thereof, is not in compliance with CPLR 4544. 11. Plaintiff’s claims, if granted, are unconscionable, and would result in unjust enrichment as Defendant(s) was charged and paid excessive and unauthorized interest, fees and charges. 12. Plaintiff’s claims should be set off in part in the amount that the Plaintiff received a tax credit when it charged-off the subject account and wrote off the debt as a business loss as it received an additional credit and reduced the amount that it paid in taxes due to the status of this account. 13. The parties on the account did not have a meeting of the minds to create joint liability for Defendants. At the time of contract formation the individual Defendant(s) did not intend on having personal liability on the subject account. 2 of 3 FILED: ROCKLAND COUNTY CLERK 09/09/2021 12:28 PM INDEX NO. 034804/2021 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 09/09/2021 14. Upon information and belief, all or some of the charges on the subject account were not authorized by the Defendant(s), and were made by a rogue employee. 15. If allowed by this court, Defendant(s) reserve(s) the right to plead other affirmative defenses that may become available at a later time. WHEREFORE, Defendant(s) demand(s) judgment dismissing the complaint herein and that Defendant(s) have such other and further relief as the court may deem equitable, just and proper. NOTICE PURSUANT TO SECTION 1102(b) OF CCA, UCCA, UDCA, & UJCA Defendant(s) hereby deny/denies the genuineness of any signature to a written instrument pleaded by Plaintiff and hereby make(s) demand that the genuineness of such signature be proved. Dated: Brooklyn, New York September 9, 2021 /s/ Joseph Y. Balisok Joseph Y. Balisok, Esq. 251 Troy Avenue Brooklyn, New York, 11213 Office: 718-928-9607 x 1040 Fax: 718-534-9747 Joseph@LawBalisok.com Attorney for Defendant(s) 3 of 3