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  • LVNV FUNDING LLC v. GIBBS, SHELLYS15 - Small Claims - Small Claims - Collection - Purchase Debt document preview
  • LVNV FUNDING LLC v. GIBBS, SHELLYS15 - Small Claims - Small Claims - Collection - Purchase Debt document preview
  • LVNV FUNDING LLC v. GIBBS, SHELLYS15 - Small Claims - Small Claims - Collection - Purchase Debt document preview
  • LVNV FUNDING LLC v. GIBBS, SHELLYS15 - Small Claims - Small Claims - Collection - Purchase Debt document preview
  • LVNV FUNDING LLC v. GIBBS, SHELLYS15 - Small Claims - Small Claims - Collection - Purchase Debt document preview
  • LVNV FUNDING LLC v. GIBBS, SHELLYS15 - Small Claims - Small Claims - Collection - Purchase Debt document preview
  • LVNV FUNDING LLC v. GIBBS, SHELLYS15 - Small Claims - Small Claims - Collection - Purchase Debt document preview
  • LVNV FUNDING LLC v. GIBBS, SHELLYS15 - Small Claims - Small Claims - Collection - Purchase Debt document preview
						
                                

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BUSINESS AND TRIAL LAWYERS Schreiber Law, LLC 53 Stiles Road, Suite A102 Salem, NH 03079 TELEPHONE (603) 870-5333 TOLL FREE (800) 423-8142 TTY (866)718-3328 FACSIMILE (603) 870-0077 HOURS: MON.-FRI. 8:30 A.M. TO 5:30 P.M. (ET) January 18, 2024 Shelly Gibbs 157 South St Apt D1 Danbury, CT 06810-7950 Re: LVNV Funding LLC / Shelly Gibbs Dear Shelly Gibbs: Enclosed is a Writ and Complaint for a debt incurred and unpaid. There is still time to resolve this matter and avoid further litigation. If you would like to make arrangement, please call us at 800-423-8142. Vey 'y yours, ER LAW, LLC Oe} ey A. Schreiber ather Q. Wallace UAaurie D. Baron Attorney at Law 7500/HRO 4368174 THIS COMMUNICATION IS FROM A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. MALL CLAIMS WRI A STATE OF CONNECTICUT AND NOTICE OF SUIT SUPERIOR COURT Pape JDCV Re 19) SMALL CLAIMS SESSION CBS. § 51-15, 51-345/q) wwe jud.ctgov eee” Type or print fegibly. This Small Clsims Writ and Notice of Suit must be served an {delivered fo} the defendantis) before filing it with the cour. See instructions to Piaintilf on reverse. 1.) Location ‘formation that will determine where the triat will be: 72.} Case type code (See list on reverse page 1) Defendant's Residence Major: Ss Minor 15 3.) this a claim between a landlord and a tenant (renter)? 4.) vou answered "Yes" to question #3. state the town where the rental oremises ‘s located: {Select one) P] yes [x] Ne —— ———— ae aa Parties Name (Last First, Middie inizial) and Address of Each Party f (umber, ‘Sweet, P.O. Box; Town: Smate; Zip; Counry. iFnor USA) Name: LVNV Funding LLC (Selectone) Jue 5) First Address: 6801 S. Cimarron Road Suite 424-) Las Vegas, NV 89113 Partnership |p 4 Plaintiff elephone: J Indviduat ([] DBA [[ Corporation 8.) Name, address, and zip code of Attomey for Plants) Atiomey’s Juris Number ‘ephone number (w/ares code) SCHREIBER LAW, LLC, 53 STILES RD., A-102 434988 603-870-5333 SALEM, NH, 307 03079 - = —_— =e 7) First Name: Shelly Gibbs (Sefectone) CJ Lic r Partnership p01 Address: 157 South St Apt D1 Danbury, CT 06810-7950 Defendant Telephone: Xl individual ["] DBA ‘orforation For more than 1 plaintifficefendant, attach Consnwation of Parties {form JD-CV-67) and select this box. Cl 8.) if this claim is a consumer debt, which is a debt cbligation made primarily for personal, Family, or household reasons, give the reasons why you believe that the statute of limitations has not expired DEFENDANT'S LAST PAYMENT TOWARDS THE ACCOUNT OCCURRED ON 11/08/2021, WHICH IS WITHIN THE APPLICABLE STATUTE OF LIMITATIONS PERIOD, 8.) How did you check in the last 8 months that the address given for defendant(s) ts accurate? Select all boxes that apply and provide the aates that the address was checked. [[] | onecked town or city records (for exampie, checking 3 street list or tax records} —— oe {date checked) [1] | checked with the Department of Motor Vehicles (date checked) [T] received correspondence (letters or other mail) from the defendant with that retum address {date checked) [J Lreceived other proof from the defendant that the address is curert ‘Ghd date checked) [X] | mailed by fest class mail, atleast4 weeks before this sinail claims action was filed, a letler to the defendant at the address used and the letter has not been returned to me by the United States Postal Service 12/01/2023 last date checked — geen TO) Amount claimed [Ci Pass prejudgment interest” $2908.09 Plus Costs [5 Plus double damages ‘or security deposit withheld”* ‘The Amount Claimed may not be more than $5,000. Do not include amounts “lif you selectone or more boxes, you MUST explain for pre-judgment interest or doubling the security deposit in box 10. how mucti you want for each item in section 44 below. To Defendant{s) 11.) You are being sued. The Piaintiffis) claims you owe the above amount plus costs and prejudgment interest and/or double ¢amages fora withheld security deposit {# selcted} for the following reasons. Citibank, N.A. (“original creditor”) issued defendanta credit ("Account") with th nt number XXXXXXXXXXXX4837 and upon use of that Account, defendant became obligated to make timely payments. Defendant defau) that ligation and owes the balance due on the Account. Plaintiff acquired the Account and is the bona fide owner of the Account. Despite demal ‘defegdant fal to, or was unable to, pay. Plaintiff demands judgment for the amount claimed together with costs and post-judgment interest in acco nice With Ta Stat, Sec. 37-3a. Plaintiff requests that the Court further order a nominal payment order commencing three (3) weeks from the date of th cape p int is also not in the military. (See all supporting documents.) St viaefe ! — — 2. a aes: Tre ri pg below, being duly swom. states that he or she has read the informaton contained in this form and, to the best of his or her know}edg information and belief, , there i good ground to suppert the csi s 12.) Signed Type @ Kame oF] tg! THe, TF appleable| For Court Use Only (Oate/Siamp) (C)Heather a. wall souBe8. n, Esq. 125-26 Subsoribed/gird igned (Cle pats NEE enor Court} sworn to re me on # ADA NO The Judicial Branch of the State of Connecticut complies with the Amer: th Disabilites Act (ADA). tf you need 3 reasonable accommedationAA accordance with the Docks Nomar ADA, contact a court clerk or an ADA contact person tisted at www jud.ctgowADA Print Fe Page 2 of Reset INSTRUCTIONS TO DEFENDANT (NOTICE TO PERSON BEING SUED) SO-CV-121 Rev. 7-12 Please read the instructions carefully. For more information, get a copy of HOW SMALL CLAIMS COURT WORKS (form JDP-CV-45) from the Clerk's Office or from our website at www jud.ct.gov/faq/smaliclaims. html. What Do | Have To Do To Defend This Case? The person suing you (the Plaintiff) delivered to you (served you with) a copy of the Small Claims Writ and Notice of Suit; and related documents, if any. The plaintiff will now file the Small Claims Writ and Notice of Suit and related documents with the court. The court will send you an Answer form and a Counterclaim form with the number the court assigns to the case, called the "docket number" of the case, and the date you must file your Answer, and Counterclaim if you make one, by. The Answer form and the Counterclaim form should be sent to you soon but it could take up to 6 weeks depending on when the plaintiff files the case with the court. The Answer is your response or reply to the plaintiff's claim. If you claim the plaintiff owes you money, this is called a Counterclaim. There is a $90.00 fee to file a Counterclaim. Your Answer, and your Counterclaim if you' make one, should be specific but brief. Fill out the entire Answer form, and the Counterclaim form if you make a Counterclaim, and sign them. Keep a copy of each for yourself and send a copy to each attorney or other representative of the plaintiff, or if the plaintiff is representing himself or herself, to the plaintiff. Send the original Answer form to the court by mail, fax or hand delivery at the address or fax number shown below on or before the answer date. If you make a Counterclaim, mail the original Counterclaim with the $90.00 fee to the court or hand deliver them to the address shown below on or before the answer date. You cannot fax a Counterclaim and its filing fee to the court. Please be sure to give us any change of your address. Do not answer until you get the Answer form and Counterclaim form from the court but if you do not get an Answer form and, Counterclaim form within 6 weeks of being served, contact the court to ask why. If you do not file an Answer in writing with the court, a money judgment could enter against you. This is called a default judgment. You may make an agreement with the plaintiff before the plaintiff files the lawsuit in court or at any time before the court enters a judgment. You may hire a lawyer to represent you if you want to. You can find helpful information on our website at: http://www jud.ct.gov/faq/smallclaims.htm| and you may check the status of your case after it has been given a docket number at: http:/Avww.jud2.ct.gowSmall_Claims/. If you have any questions, you can visit or call the Centralized Small Claims Office at 80 Washington Street, Hartford, CT 06106. The telephone number in the Hartford area is: 860-756-7800. The toll free telephone number in Connecticut is 866-383-5927. The fax number is (860) 756-7805. You do not need an attorney even if the plaintiff has one, However, you can have an attorney if you want to hire one. If you want to use the regular rules of court in this case or if you want the right to appeal this case, you must file a motion to transfer the case to the regular civil or housing docket of the superior court. You may need an attorney to help you in filing that motion and you will have to pay fees te file it. The motion to transfer must be filed, in writing, with an affidavit and with the correct fees, on or before the answer date. What Happens If| Do Not File An Answer? If you do not file an Answer, the file will be reviewed by a magistrate who will decide whether a judgment can enter without a hearing for the full amount of the claim plus court costs, or if a trial needs to be scheduled. What Happens If | File An Answer? If you file an Answer, do not go to court on the answer date. After the court receives your Answer, a trial will be scheduled if one is required. Cases are scheduled for trial as quickly as possible. What ShouldI Do If The Plaintiff Owes Me Money? If you claim the plaintiff owes you money, this is called a Counterclaim. Explain how much the plaintiff owes you and why on the Counterclaim form. Fill out the entire Counterclaim form and sign it. Keep a copy for yourself and send a copy to each attorney or other representative of the plaintiff, or if the plaintiff is representing himself or herself, to the plaintiff. Mail the original Counterclaim form with the Page 1 of2 $90.00 fee to the court or hand deliver them to the address shown above on or before the answer date. Please be sure to give us any change of your address. What If| Know | Owe The Plaintiff Some Money? If you know you owe the plaintiff something, but you do not agree with the amount the plaintiffis asking for or you are not sure how much you owe the plaintiff, you should file a written Answer. This gives you a chance to come to court for a trial to question how the plaintiff added up the amount claimed. What Should| Do If | Admit That | Owe The Plaintiff The Whole Amount? If you are sure that you owe the whole amount but you want time to pay, you must file an Answer not later than the Answer date, stating that you want time to pay the claim and why you are asking for the extra time to pay. You may ask for a period of time during which you can make payments that you suggest. If you do not, and you are an individual, the court will enter a judgment with an order of payments of $35.00 each week until the judgment is paid. If you ask to pay less than $35.00 per week and the plaintiff does not agree, a trial will be scheduled. A judgment against a business entity, for example, a corporation, or a judgment against a landlord for return of a security deposit, will be ordered paid in the full amount. This will be entered as a judgment of the court. If you pay the plaintiff/plaintiffs attomey the full amount owed plus costs, if any, before the answer date, tell the court on the Answer form. Do not send payment(s) to the court. Where And When Do | Have To Go To Court? If a trial is required, you will be sent a notice of the date, time and place of the trial. Even if you filed an Answer or a request for time to-pay, the court can enter a judgment against you if you do not come to court on the date and time set for the trial. What Do! Need To Bring To Court? On the day of the trial, you must bring all your witnesses and evidence (bills, invoices, checks) to court with you. This includes any defective or damaged goods that can be brought to court safely and easily, estimates of damages, pictures, and anything else that you want the court to look at. Be complete and organized in your case. A small claims judgment cannot be appealed. ADA Notice The Judicial Branch of the State of Connecticut complies with the Americans with Disabilities Act (ADA). If you need a reasonable accommodation in accordance with the ADA, contact a court clerk or an ADA contact person listed at www.jud.ct.gowADA/.