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  • Lvnv Funding Llc v. Jennifer L GarrisonOther Matters - Consumer Credit (Card) Debt Buyer Plaintiff document preview
  • Lvnv Funding Llc v. Jennifer L GarrisonOther Matters - Consumer Credit (Card) Debt Buyer Plaintiff document preview
  • Lvnv Funding Llc v. Jennifer L GarrisonOther Matters - Consumer Credit (Card) Debt Buyer Plaintiff document preview
  • Lvnv Funding Llc v. Jennifer L GarrisonOther Matters - Consumer Credit (Card) Debt Buyer Plaintiff document preview
						
                                

Preview

FILED: CATTARAUGUS COUNTY CLERK 01/26/2023 11:26 AM INDEX NO. 90448 NYSCEF DOC. NO. 12 (NTEREST SHALL BE ACCRUED AT THE RATE OF 2.00% RECEIVED NYSCEF: 01/26/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF CATTARAUGUS INCOME EXECUTION MEHMM 90M8/21 JUDGMENT CREDITOR(S) CONSUMER 3lucame Execution DEBT LM FUNDMG LLC Installments paid to..-.........--......................... Idatel ved. 12,.20.% .at.46 have satisf led the judgment to the extent of Sheriff, Cattacaditm COUnty -------principd and $................................................--...interest JUDGMENT DEBTOR(S) Name and Last Known Address ............................................................................... , County Returned to the judgment creditor or his GENNIFER L GARRISON -- attorney on ...........................................because of 87 P TONEER LN DELEVAN, NY 14 042 -9518 to find garnishee in the county. inability THE PEOPLE OF THE STATE OF NEW YORK ACMU & p8M88m TO THE ENFORCEMENT OFFICER, GREETING: The enforcedieht Öffider'fs the Sheriff, Marshal of the City or Constable of the Town or Village authorized by law to enforce Income Executions. A judgment was entered in the ( SUPREMECOURTOF THE STATE OF NEWYORK COUNTYOF CATTARAUGUS ), ( 90448/21 ) in favor of the judgment creditor and the particulars are as follows: Entry Date Judgment Amount Judgment Due Amount Plus Interest from Transcript Filed County Filed 06/06/2022 $10,094.71 $10,094.71 06/06/2022 This Execution is issued against JENNIFER L GARRISON , whose last known address is 87 PIONEER LN DELEVAN, NY 14042 -9518 whose Social Security Number is and who is or will receive a minimum of $396 as per Section I on the Reverse side. Notice to the Employer Employer: CATHOLIC HEALTH SYSTEM Corporate Payroll Address: If payroll is processed by your Corporate Office please forward this garnishrnent to them. ATT: PAYROLL 144 GENESEE STREET suFFALO, NY 14203 If you require a Social Number to identify Security New York Service Address: the judgInent debtor, please contact Forster & GarbuS 144 GENESEE STREET at 1-800-245-9943, EXT 107. BU FFALO NY 14203 (716) 826-7000 You are direeted to satisfy the judgment with interest together with your fees and expenses, out of all monies now and hereafter due and owing to the Judgment Debtor from the Employer pursuant to CPLR sec 523L Directions to Judgment Debtor: You are notified and commamied immediately to start paying to the Enforcement Officer serving a copy of this INCOME EXECUTION on you: installments amounting to 10% (but no more than the Federal limits set forth in 1. Limitations on the amount that can be withheld, on attached) of any and all salary, wages or other income, including any and all overtime earnings, commissions or other irregular compensation received or hereafter to be received from your Employer and to continue paying such Installments until the judgment with interest and the fees and expenses of this Income of Execution are fully paid and satisfied and if you fail to do so within 20 days of this Income Execution will be served upon the Employer by the Enforcement Officer. Directions to the Employer: You are commanded to withhold and pay over to the Enforc ent Officer serving a copy of this INCOME EXECUTION on you· installments amounting to 10% (but no more than the Federal limits se orth inL 'ons on the ,amount that can be witbheld, on attached of any and all salary, wages or other income. including any and all ove ee s, c issions or'other irregular compensation now or hereafter becoming due to Judgment Debtor until the judgment with inte an pe ses 1-s INCOME EXECUTION are fully paid and satisfied. DATED: 8/03/22 A essE G er / y Gavlik / Michael DiGiaro / Michael Florio Attorney(s) for Judgment Creditor Forster & Garbus P Office and Post Office Address 60 Motor Parkwa P.O. Box 9030 Telephone: (631) 393-9400 Commack, N.Y. 725-9030 (Please note that we are required, under Federal Law, to advise you that we are debt collectors. Any information we obtain will be used in attempting to collect this debt.) 1 of 2 INEX_OR1G FILED: CATTARAUGUS COUNTY CLERK 01/26/2023 11:26 AM INDEX NO. 90448 NYSCEF Pursuant DOC.(1)NO. tosubdwision 12 ofseclion filly-two hundedfiveoftheCivilPractics LawandRules, threethousand doRars of A.LUSTRATIONS: RECEIVED NYSCEF: 01/26/2023 anyaccount directdeposit containing orelectronio payments reasonaMy identifiable asstatutorily exempt payments, as IFDISPOSABLE EARNINGS IS: AMOEINT TOPAYORDED1JCT FROM EARNINGS defined twoofsubdivision in paragraph fifty-two (1)of sacUon hundred EveoftheCM1Practice LawRules,is exempt UNDER TWSINCOME EXECUTION IS: famexecutionandthatthegamiaheecannotlevyuponorrestrainthreethousand dolfara inauchaccount. A.3Dlinesthegreaterof 1)thirty(30)timesthecurrent NoPayment ordeduction alowed. federalminimum wage, ($7.25perhouror$217.50 (2) Furgher. pursuant to subdivisiort (1) of sectionfifty-twohundred twenty-teo1theCMIPractice LawandRules.an theNewYorkState rranrrnum wageof$13.20per uror execution shaEnotapplytoanamount equalto orlessthanninetypercent ofthegreateroftwohundred fortytimesthe Jn as tab hmerds federalminimum hourwageprescribed inFairLelerStandards Actof1938ortwohundred fortytimes thestate minirnum e yedin NewYorkCityor Westchester, Nassau or hourlywageprescribed insection aixhundred lifty-bao ofthelaborIawasIneffectatthefirnetheeamings arepayable. Courdies or (3)theNewYorkStateminimum wage exceptauchpartasacourtdetermines tobeunnecessary forthereasonable requirements ofthejudgement debtor and of$15.0D perhouror S450.00 forJudgment DeNors who hisorherdependenis. areNOTIastfoode in fastfoodestablishments focated in NewYork ndwhoareemployed in New YorkCity theNewYorkStaterrinimurn wageof$15-OD APPENDfX A-REViSED perhour o r 450.00 for Judgrnent Debtors whoareNOT fastfoodemployees in fastfoodestabEshments andwho areernployed in Westchester County.(5) TheNewYok NoticeofJirdgment Debtorreceiving income execution, TNsIncome Execution directsthewithholding ofupto10%ofthe Stateminlinum wega of $15.00perhouror S450.00 Ior udgment debtorsgrossincoma. hi certain cases.however. StateorFederal Lawdoesnotperrriit thewithhokiing ofthat Judgment Debtors whoareIastfoode as in fast muchoftheJudginent Debtors grossincome. TheJudgrnent Debtor 1sreferred toNewYoACivilPractice LewandRules foodestablishments located inNewYork 6}theNew sect5231and15United States CodeSect.1871etseq. 8 00 er u o O foodestablishments located outside NewYorkCity,or (T)TheNewYork Statanintraurn wageofS15.00 perhour LLIMITATIONS ONTHEAMOUNT THATCANBEWITHHELD: or $45D.00 forJudginent Debtore whoareemphyed by A.Anincome executionbr installments fmmaJudgment Debtcr's grossincome cannotexceed tenpercent (10%)ofthe NewYorkStateor agenciesof the NewYorkState Judgment Debtors grossincome. Department of Lawor OfliceoftheComptroBer, focated in NewYorkCity,or (8)TheNewYorkStaterninimum wage 5.00pe u o B.Nodeductions cartbemadefrointheJudgment Debtora eamings underthisincome execution if aJudgment Debtors Stateor es t e weekly disposaMe eamings arelessthanthegreater of York artrnent ofLaworOiliceoftheCo Iler, locatedouts oftheCityofNewYork,(9)The York (1)thirty(3D)tirnesthecurrent federal minimurn wage($7.25perhouror$217.60); or Stateminimum wageof $15.0D perhourof $450.00 for JudgmentDebtorswho are emplo by the State 10N o (10 udgStateni (2)theNewYorkSisteminimurn wageof$13.2D perhouror $396JDO forJudgment Debtors whoareNOTInstfood W e Th450 O employees infastIoodestabishments orarenotemployed inNewYorkCityorWestchester, Nassau orSuffolk Counties; whoareemployed Inbusinesses withten(10)employees or orleaeIocated InNewYorkCity. (3)theNewYorkStaterninimum wageof$15.00perhouror$450.00 forJudgment Debtors whoareNOTfastbad B.morethan3Dtimesandlessthan40timesthegreater Thetosseroflheexcessoverthegreaterof-(1)thirty employees infastfoodestablishments bcatedinNewYad Cityandwhoareemployed inNewYorkCity of 1hirty (30)tirnesthecurrentfederalminimum wage (30)tunesthecurrent federal minimum wa 7.2i per (5 perhouror $217.50);or (2)theNewYorkState houror 5217.50)c or (2)theNewYork rmnunum theNewYork State minimum w age of$15.00 perhouror$450.00 minimumwageof $13.20per houror $396.00for wage of $1320perhouror $396.00for Judgment (4) f orJudgment Debtors W ho areNOT feetfood Judginent Debtors whoareNOTfastfoodemployees in Debtom whoareNOTfastfoodemployees or in fast employees infastfoodestablishments, andwhoareenybyedinWestchester. Nassau orSuffolk County- fastfoodestablishinents orarenotemployed inNewYork tod establishments or arenotor amployed in New Cityor Westchester, Nassau or SuffolkCounties: (3)the YorkCityorWestchester, Nassau, orSuffolkCounties. (5) TheNewYorItStateminimum wageof$15.00perhouror8450.00 forJudgment DeMore whoarefastfoodemployees NewYorkStateminimum wageof 515.00per hour or(3)theNewYorkStateininimum wageof$15.00per Infastfoodestablishments located inNewYorkCity $450mfor Judgment Debtors whoareNOTfastbod houror$450.00 for mentDebtors whoareNOTrast employees in fast foodestablishments locatedin New loodernphyees m foodestaMishments locatedin theNew YokState minknum wage of$15.00 p erhour o r$450.00 f orJudgrnent DeMora who arefastfood employees YorkCityandwhoareemployed inNewYad City(4)the NewYo±Cityandwhoareemployed in NewYorkCity (6) NewYok Staterrinimumwageof $15.0Dperhouror (4)theNewYorkStateininimum wageof $15.0D per infastfoodam-its located ou1side NewYorkCity,or $450.0D forJudginentDeblors whoareNOTfast food houror $450.00 forJudgrnent Debtore whoareNOT employees in fast (bod eslablishments. endwhoare fastfoodemployees In fastfoodestablishrnents, and (7)TheNewYorkStateminimum wageof$15.00perhouror3450.00 forJudginent Debtora whoareemployed by New emp edin Westchester, Nassau or SulTolk County.(5) whoareemployed in Westcheeler, Nassau or Suffolk YorkStateoragencies oftheNewYorkStateDepartment ofLaworOfficeoftheCornpDoller, tocated inNewYokCity,or The YodStaterrinimum wageofS15.00 perhouror County.(5) the NewYorkStateminimurn wageof $450forJudgment Debtors whoarefastfood eas $15.00perhourof$450.00 for Judgment Debtors who State wage perhouror$45D.00 Infastfoodestablishments located i n New Yo6 . (S) amfastfoodemployees in fastfoodestablishments (B)TheNew York minimHn of$15.00 IbrJudgment Debtora who areemployed by New theNewYorkStateninfrnum wageof$15,00perhouror locatedin NewYorkCity. (6) TheNewYorkState YorkStateoragencies oftheNewYorkStateDepartment ofLaworOfficeoftheCompgroller, located outside oftheCity $450.00for JudginentDahlorewho are fast food ninimurnwageof $15.00per houror $450.00for ofNewYork, arnployees in fast foodestablishments focatedoutside JudgmentDeblera whoarefastfoodemployees infast NewYorkCity,or (7)TheNewYorkStateininimum wage foodestablishments locateoutsideNewYo&City,or ( The w York minimurn wage of$15m perhourof$450.00 f or Judg m entD ebinrs w hoareerrgloyed by the o $ r r or$450.00 f orJudgment Debtors who ) TheN S to nimum of$1 per YorkStateoragencies oftheNewYorkStateDepartmenta NewYo2 Stateor aganciesoftheNew of Lawor Olileeofthe Comptroller, located in NewYork Yo to partment of theCornplroller, Incated in (10)TheNewYorkStateminimum wageof$15m perhouror $450.00 forJudgmentDebtors whoareemployed In City.or (8)TheNewYorkStateminimum wageof$15.00 NewYorkCity,or (8) TheNewYok Stateminimum businessee withten(10)emphyees orlesslocated inNewYorkCity.. per houror $450.00for Judgment Debtorswho are Wageof$15mperhouror$4SD.00 forforJudgment ernployed byNewYorkStateoragencies oftheNewYork Debtorswhoare employed by NewYo4 Stateor C.A Judg mentDebtors weekly disposable eamings oruferthisincome executbn cannotbereduced belowtheamount StataDepadment of Lawor Mce of the Comptroller,agrencies oftheNewYodStateDepartrnent ofLawor of located outside oftheCityofNewYork.(9)TheNewYork OlliceoftheComptroller, tonated outsideoftheCityof arrived atbymulliplying thirty(30)timesthegreater Stateminimum wageof $15.0D perhourof $450.00 for NewYork, TheNewYorkStateMnitrumwageof JudgmentDebtorewho are employedby the State $15.00per of $450.00 forJudgment Debtore who (1)thirty(30}tirnesthecurrent federa1 minimum wage(S72t5perhouror$217.50); or University ofNewYork,(10)TheNewLeworOlliceYoA are theStateUniv ofNewYork,(10) atateininimum wageof$16.00perhourorof $450.00 for TheNew minimum $15mperhour (2)theNewYet Stateminimum wageof$13.20perhouror$398.0D forJudgment Debtors whoareNOTfastfood Judgrnent Debtora whoareempleedInbusinessea with or$450mforJudgment Debtors area In employeen infastfoodestablishmenta orarenotemployed inNewYorkCityorWestchester. Nassau orSullblkCounties·. ten(10)employees orloselocated NewYorkCity. Bus O yeaeor e earmngs. C.40timesthe aterol(1)thecurrentfederalminhnum (3)theNewYodStateIninimum wageof$15m perhouror $450.00 forJudgment Debtors whoareNOTfastfood ($7.25per urperhouror $29D.00); or(2)1heNew employees infeatfoodantablishments Jocated in NewYorkCityandwhoareemployed inNewYorkCity Yo State rinnimum w age of$13.20 p ernour o rSS28.00 Thelesser of25%of disposable eamings or 10%of forJudgment Debtors whoareNOTfastfoodemployees in groseeammge (4)theNewYorkStatemirimum wageof$15.00perhouror $450.00 forJudginent Debtors whoareNOTfastfood fastfood establishments orprenotemph inNew Yo& employees infastfoodastabEshmenis, andwhoareemployed inWestchester, Nassau orSuffolk County. estchSte rnu e o $15.00 r ur or $600.00for Judgment Debtors whoareNO fastfood (5) TheNewYorkStateninimum wageof$15.00 perhouror$450.00 forJudgment Deblore whoarefastIpodemployees in fastfoodestabHohments locatedin New infastfoodestatdishments located inNewYorkCity. York andwhoareengloyed in NewYorkCity(4)the New Stateminirnum wageof $16.00perhouror (6)theNewYorkStateminimum wageof$1S.00 perhouror$450.00 forJudgment Deblors whoarefastinodemployees $600m for_JudgmantDebtora whoareNOTfastfood Infastfoodeeidishments loosted outside NewYorkCity,or W h r, a u ulfo Co ty.( Th NewYomStateminimum wageof$15.00perhouror (7)TheNewYokStatengn1rnum wageof$15.00perheir or$450.0D forJudgment Debtoss whoareornployed byNew $600.00Ior JudgmentDebtorswho are fast food Yonk Stateoragencies oftheNewYork StateDepartment ofLaworORice oftheCompholler, located inNewYorkCity.or emplo in fastfoodestablishments locatedin New York theNewYortStaterainimum wageoI$15.00 (8)TheNewYorkSlaleminimum wageof$15.00perhouror$450.00 IsrJudgment Debtore whoareemployed byNew hou R100. fo J men to whoa e YokStateoragencies oftheNewYorkStateDeperiment ofLawor01800 oftheComptioller, located outsiseoftheCity outside NewYorkCity.or (7)TheNewYorktitateminirnum ofNewYork. wageof$15.00 perhouror$6DD.00 forJudgment Debtors whoareemployed by NewYo±Stateor agencies ofthe (9) TheNew YorkState minimum w age of$15.00 perhourof$450.00 forJudgment Debtors whoareerapinyad bythe NewYorkStateDepadment of Lawor Otticeof the StateUniversity ofNewYork, ComptroRer, located inNewYorkChy,or(B)TheNewYork Stateminimum wageof $15.00perhouror $50D.00 for (10)TheNewYorkStateminimum wageof$15.00perhouror $450mforJudgmentDebtore whoareemployed in menDe m a e owYo State busineseen withteri(10)ernptoyees orTess l ocated i nNewYork City- OBiceof the ComptroRer, locatedoutsideof the Cityof NewYork, ) TheNewYonkStateminimum wageof D.Ifdeductions arebeingmadefroma.fudgment Debtorseaminge underanyorderofAlimony, Support orMaintenance $15.00per urof$600.00 forJudgmentDeblors whoare forfamAy members orformer spouses. andthosedeductione equalorexceed twenty-tivepercent (25%)oftheJudgment empleedb e StateIJniversity of NewYork,(1 ) The Deblo disposable eamings, nodeduction canbe inadefromtheJudgmentDebtor's eamings underthisincome m o $1 pe r r - businesses withten(10)enylloyees ortesslocated mNew YorkCity. E.IIdeductions arebeingmade fromaJudgrnent Deblo'seamings underanyorderofAlimony, Support orMaintenance Iorfamilymornbers orfounerspouses, andthosedeductions arelosethantwenty-five percent (25%)oftheJudgment M.NOrlCE- YOUNIAYBEABLETOCHALLENGE THISINCOME EXECUTION THROUGH TIEPROCEDURES Dehto‘sdisposable eamings, deductions may be madefromthe Judginent Detdo‘searnings underthis income PROVIDED INCPLRSECT. S231(1) ANDSECT. 5240. execution. However, theamount arrivedat by addingthedeductions fromeamings madeunderthisexecution to the [f youthiptthatthearnount of yourincorne beingdeducted underthisIncorne Execution exceeds theammunt deductions madefromeamings Urufer anyordersfor Alimony, Support or Maintenance for Immity members or former permitted byStateorFederal Law,youshouldectpromptly because theInoney wiDbeapplied lothejudgment IIyou spousee cannotexceed twenty-live (25%)of theJudgment Debtor's disposable eamings. Note:Nothing in thisnotice ofaimtheannuntofyourincome beingdeducted uriderthisEncome Executionexceeds theamount permittedbySlate Emils theproportion oramount whichmaybededucted underanyorderforAlirnony. Support or Maintenance forfarniiy or Federal Law, y oushould contact your e mployer orother p ersonpayingy our income. you Fmther, may consult an members orformer apouses. attorney, including LegalAidif youqualify.NewYorkStateLawpmvides tumprocedures lhrough whichanincome ExecuHon canhechalianged. ILEXPLANATION OFLIMITATIONS DEFINITIONS: CPLRSect5231(i) Modilicadon. At anytime,theJudgrnant Debtorinaymakea Motion10a CoultforanOrder DISPOSABLE EARNINGS: modifying anIncome Execution. Disposable eaming arethatpartofanindividuaF6 eemings leftafterdeducting thoseamounts thatarerequired by lawto bewithheki(forexample, Taxes,SocialSecurity, andUnemployment Insurance, butnotdeductions forL3nion Dues, CPLRSectS240Modification orProtectiva CaterSupervialon ofEnforcement At anyEme, theJudgment Deblor may Insurance Plans,etc.) makea Motionto a Courtforan Orderdenying, limiting, conditioning, reguialing,extending theuseof anypost- judgment enforcement procedures, including theuseofincome executions. GROSS INCOME: Grossincome is ealary,wages erotherincome, including anyandallovertirna eamings, cormissions. andkscome from truste,before anydeductkms aremeda(mmauchincorne. 2 of 2