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  • Cfg Merchant Solutions Llc v. Navy Federal Credit Union, Kant Lose Logistics Llc, Kant Lose Logistics, Adrian Barnes, Lamorris LittleOther Matters - Contract - Other document preview
  • Cfg Merchant Solutions Llc v. Navy Federal Credit Union, Kant Lose Logistics Llc, Kant Lose Logistics, Adrian Barnes, Lamorris LittleOther Matters - Contract - Other document preview
  • Cfg Merchant Solutions Llc v. Navy Federal Credit Union, Kant Lose Logistics Llc, Kant Lose Logistics, Adrian Barnes, Lamorris LittleOther Matters - Contract - Other document preview
  • Cfg Merchant Solutions Llc v. Navy Federal Credit Union, Kant Lose Logistics Llc, Kant Lose Logistics, Adrian Barnes, Lamorris LittleOther Matters - Contract - Other document preview
  • Cfg Merchant Solutions Llc v. Navy Federal Credit Union, Kant Lose Logistics Llc, Kant Lose Logistics, Adrian Barnes, Lamorris LittleOther Matters - Contract - Other document preview
  • Cfg Merchant Solutions Llc v. Navy Federal Credit Union, Kant Lose Logistics Llc, Kant Lose Logistics, Adrian Barnes, Lamorris LittleOther Matters - Contract - Other document preview
  • Cfg Merchant Solutions Llc v. Navy Federal Credit Union, Kant Lose Logistics Llc, Kant Lose Logistics, Adrian Barnes, Lamorris LittleOther Matters - Contract - Other document preview
  • Cfg Merchant Solutions Llc v. Navy Federal Credit Union, Kant Lose Logistics Llc, Kant Lose Logistics, Adrian Barnes, Lamorris LittleOther Matters - Contract - Other document preview
						
                                

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FILED: MONROE COUNTY CLERK 02/29/2024 03:21 PM INDEX NO. E2024003883 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 02/29/2024 MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT. Receipt # 3763726 Book Page CIVIL Return To: No. Pages: 11 JASON ADAM GANG Instrument: EXHIBIT(S) Control #: 202402291591 Index #: E2024003883 Date: 02/29/2024 CFG Merchant Solutions LLC Time: 3:58:03 PM Navy Federal Credit Union Kant Lose Logistics LLC Kant Lose Logistics Barnes, Adrian Little, Lamorris Total Fees Paid: $0.00 Employee: State of New York MONROE COUNTY CLERK’S OFFICE WARNING – THIS SHEET CONSTITUTES THE CLERKS ENDORSEMENT, REQUIRED BY SECTION 317-a(5) & SECTION 319 OF THE REAL PROPERTY LAW OF THE STATE OF NEW YORK. DO NOT DETACH OR REMOVE. JAMIE ROMEO MONROE COUNTY CLERK 202402291591 Index # INDEX : E2024003883 NO. E2024003883 FILED: MONROE COUNTY CLERK 02/29/2024 03:21 PM NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 02/29/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF MONROE CFG MERCHANT SOLUTIONS, LLC Plaintiff(s), Index No. E2023009071 -against- INFORMATION SUBPOENA KANT LOSE LOGISTICS LLC WITH RESTRAINING NOTICE DBA KANT LOSE LOGISTICS and ADRIAN BARNES and LAMORRIS LITTLE Defendant(s). RE: EIN: 86-3442681 SSN: 244-53-0402 Adrian Barnes SSN: 237-51-7071 Lamorris Little (Including but not limited to account numbers 7124859807 and 3150320509) THE PEOPLE OF THE STATE OF NEW YORK TO: Navy Federal Credit Union 820 Follin Lane SE Vienna, VA 22180 (877) 221-8108 WHEREAS, in the above-captioned action between the parties listed above, a Judgment was entered on January 26, 2024 in Monroe County in favor of said Judgment-Creditor and against said Judgment Debtor(s) in the amount of $85,498.02 of which $85,498.02 remains due, plus interest at 9% from January 26, 2024. NOW, THEREFORE WE COMMAND YOU, that you answer in writing under oath, separately and fully, each question in the questionnaire accompanying this Subpoena, each answer referring to the question to which it responds; and that you return the answers together with the original of the questions within seven (7) days after your receipt of the questions and this Subpoena. AND WHEREAS, it appears that you owe a debt to the judgment debtor or are in possession or in custody of property in which the judgment debtor has an interest, including, but not limited to any and all bank accounts, deposits, and/or depository accounts. TAKE NOTICE that pursuant to subdivision (b) of §5222 of the Civil Practice Law and Rules, which is set forth herein, you are hereby forbidden to make or suffer any sale, assignment, or transfer of, or any interference with, any such property or pay over or otherwise dispose of any such debt, except as therein provided. CIVIL PRACTICE LAW AND RULES Section 5222(b) - Effect of restraint; prohibition of transfer; duration. A judgment debtor or obligor served with a restraining notice is forbidden to make or suffer any sale, assignment, transfer, or interference with any property in which he or she has an interest, except as set forth in subdivisions 202402291591 IndexNO. INDEX #: E2024003883 E2024003883 FILED: MONROE COUNTY CLERK 02/29/2024 03:21 PM NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 02/29/2024 (h) and (i) of this section, and except upon direction of the sheriff or pursuant to an order of the court, until the judgment or order is satisfied or vacated. A restraining notice served upon a person other than then judgment debtor or obligor is effective only if, at the time of service, he or she owes a debt to the judgment debtor or obligor or he or she is in the possession or custody of property in which he or she knows or has reason to believe the judgment debtor or obligor has an interest, or if the judgment creditor or support collection unit has stated in the notice that a specified debt is owed by the person served to the judgment debtor or obligor or that the judgment debtor or obligor has an interest in specified property in the possession or custody of the person served. All property in which the judgment debtor or obligor is known or believed to have an interest then in and thereafter coming into the possession or custody of such a person, including any specified in the notice, and all debts of such a person, including any specified in the notice, then due and thereafter coming due to the judgment debtor or obligor, shall be subject to the notice except as set forth in subdivisions (h) and (i) of this section. Such a person is forbidden to make or suffer any sale, assignment or transfer of, or any interference with, any such property, or pay over or otherwise dispose of any such debt, to any person other than the sheriff or the support collection unit, except as set forth in subdivisions (h) and (i) of this section, and except upon direction of the sheriff or pursuant to an order of the court, until the expiration of one year after the notice is served upon him or her, or until the judgment or order is satisfied or vacated, whichever event first occurs. A judgment creditor or support collection unit which has specified personal property or debt in a restraining notice shall be liable to the owner of the property or the person to whom the debt is owed, if other than the judgment debtor or obligor, for any damages sustained by reason of the restraint. If a garnishee served with a restraining notice withholds the payment of money belonging or owed to the judgment debtor or obligor in an amount equal to twice the amount due on the judgment or order, the restraining notice is not effective as to other property or money. TAKE NOTICE THAT DISOBEDIENCE OF THIS RESTRAINING NOTICE OR FALSE SWEARING OR FAILURE TO COMPLY WITH THIS SUBPOENA MAY SUBJECT YOU TO FINE AND IMPRISONMENT FOR CONTEMPT OF COURT. NON- COMPLIANCE WITH THE INFORMATION SUBPOENA SHALL FIRST SUBJECT YOU TO THE PENALTIES UNDER CPLR 2308(b). I hereby certify that this Information Subpoena complies with rule 5224 of the Civil Practice Law and Rules and Section 601 of the General Business Law, and that I have a reasonable belief that the party receiving this Subpoena has in their possession information about the debtor that will assist the creditor in collecting the Judgment. The ground(s) of this reasonable belief: EXAMPLES- said party appears as a depository institution of the Judgment-Debtor(s) on Debtor's application for credit, response to subpoena, prior payment, or lender/creditor from information received from a credit reporting agency. Dated: January 29, 2024 Jason Gang Esq. Attorney for Judgment-Creditor 202402291591 IndexNO. INDEX #: E2024003883 E2024003883 FILED: MONROE COUNTY CLERK 02/29/2024 03:21 PM NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 02/29/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF MONROE CFG MERCHANT SOLUTIONS, LLC Index No: E2023009071 Plaintiff, QUESTIONS AND ANSWERS against IN CONNECTION WITH INFORMATION SUBPOENA KANT LOSE LOGISTICS LLC DBA KANT LOSE LOGISTICS and ADRIAN BARNES and LAMORRIS LITTLE Defendants. Re: STATE OF COUNTY OF ss: , being duly sworn deposes and says; that deponent is the recipient of an information subpoena herein and of the original and a copy of questions accompanying said subpoena. The answers set forth below are made from information obtained from the records and knowledge of the recipient. Q. No. 1. Have you made any payments to the Debtors in the last 6 months? A. No. 1. Q. No. 2. If so, to what bank and what account numbers were those payments made? A. No. 2. Q. No. 3. Do you have a record of any account in which the judgment debtor may have an interest, whether under the name of the debtor, under a trade or corporate name, or in association with others, as of the date of the subpoena or within 1 year prior thereto? A. No. 3. 202402291591 IndexNO. INDEX #: E2024003883 E2024003883 FILED: MONROE COUNTY CLERK 02/29/2024 03:21 PM NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 02/29/2024 Q. No. 4. As to each such account, what is the exact title of the account, account number, the date opened, amounts presently on deposit, date closed? A. No. 4. TITLE ACCT NO. DATE OPENED AMT ON DEPOSIT DATE CLOSED Q. No.5. Do you have a record of any safe deposit box in which the judgment debtor may have an interest, whether under the name of the debtor, under a trade or corporate name, or in association with others, as of the date of the subpoena or within 1 year prior thereto? A. No.5. Q.No.6. Do you hold collateral in which the debtor has or may have an interest? A. No 6. Q. No.7. Is the judgement debtor indebted to you? A. No 7. Q.No.8. As to each indebtedness, what is the amount of the original indebtedness, the date incurred, amount repaid and date of such repayment? A. No.8. AMOUNT DATE INCURRED AMOUNT REPAID DATE REPAID Q.No.9. Are any of the assets of the debtor, in your possession or care, subject to liens, attachments or other encumbrances? A.No.9. 202402291591 IndexNO. INDEX #: E2024003883 E2024003883 FILED: MONROE COUNTY CLERK 02/29/2024 03:21 PM NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 02/29/2024 Q.No.10. What are full details of the same in regard to each asset? A.No.10. Q.No.11. Do you have any other transactions with the debtor, directly or indirectly, as a result of which the debtor may now have, or may in the future become entitled to, money or credit? A.No.11. Q.No.12. Has the debtor given you a statement of his financial condition? A.No.12. Q.No.13. What assets are disclosed therein (or in the alternative supply a copy thereof)? A.No.13. Q.No.14. List/describe any funds, monies, property, account-receivables, etc. being held and/or restrained pursuant to the instant INFORMATION SUBPOENA WITH RESTRAINING NOTICE? A.No.14. Q.No.15. List any and all federal Employer Identification Number (EIN) associated with any of the Judgment Debtor(s). A.No.15. Q.No.16. List any other transactions and other transactions with the Judgment Debtor(s), directly or indirectly, as a result of which the debtors may now have, or may in the future become entitled to, money. A.No.16. Q.No.17. For any account(s) which existed but is/are currently closed, (i) describe how were the funds transferred (i.e. wire, ACH, check); and (ii) to which account/banking institution were the funds transferred to (or in the alternative, supply a copy thereof)? 202402291591 IndexNO. INDEX #: E2024003883 E2024003883 FILED: MONROE COUNTY CLERK 02/29/2024 03:21 PM NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 02/29/2024 A.No.17. Q.No.18. For any joint account(s), list the name(s) and address(es) of any joint account holder(s). A.No.18. Q.No.19. Provide a list and/or copy of any wire and/or ACH credit or transaction(s) within the last four(4) months which exceed one thousand dollars ($1,000.00) and the source(s). A.No.19. Q.No.20. At what branch of your institution were any and all accounts belonging to the judgment debtor opened? A.No.20. Sworn to before me Signature – Print or type name beneath this ____ day of ________________ 20____ ________________________ [Name] ________________________ [Address] ________________________ ________________________ [Address] Notary Public ________________________ [Contact Info.] Jason Gang Esq. Attorney for Judgment Creditor: Post Office Address: The Law Office of Jason Gang PO Box 478 Hewlett, NY 11557 Tel: (646) 389-5610 Fax: (516) 539-3399 Email: jason@jasongang.com 202402291591 IndexNO. INDEX #: E2024003883 E2024003883 FILED: MONROE COUNTY CLERK 02/29/2024 03:21 PM NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 02/29/2024 EXEMPTION NOTICE as required by New York Law YOUR BANK ACCOUNT IS RESTRAINED OR "FROZEN" The attached Restraining Notice or notice of Levy by Execution has been issued against your bank account. You are receiving this notice because a creditor has obtained a money judgment against you, and one or more of your bank accounts has been restrained to pay the judgment. A money judgment is a court's decision that you owe money to a creditor. You should be aware that FUTURE DEPOSITS into your account(s) might also be restrained if you do not respond to this notice. You may be able to "vacate" (remove) the judgment. If the judgment is vacated, your bank account will be released. Consult an attorney (including free legal services) or visit the court clerk for more information about how to do this. Under state and federal law, certain types of funds cannot be taken from your bank account to pay a judgment. Such money is said to be "exempt." DOES YOUR BANK ACCOUNT CONTAIN ANY OF THE FOLLOWING TYPES OF FUNDS? 1. Social security; 2. Social security disability (SSD); 3. Supplemental security income (SSI); 4. Public assistance (welfare); 5. Income earned while receiving SSI or public assistance; 6. Veterans benefits; 7. Unemployment insurance; 8. Payments from pensions and retirement accounts; 9. Disability benefits; 10. Income earned in the last 60 days (90% of which is exempt); 11. Workers' compensation benefits; 12. Child support; 13. Spousal support or maintenance (alimony); 14. Railroad retirement; [and/or] 15. Black lung benefits; AND/OR 16. COVID-19 STIMULUS RELIEF FOR INDIVIDUALS AND FAMILIES WITH CHILDREN. If YES, you can claim that your money is exempt and cannot be taken. To make the claim, you must (a) complete the EXEMPTION CLAIM FORM attached; (b) deliver or mail the form to the bank with the restrained or "frozen" account; and (c) deliver or mail the form to the creditor or its attorney at the address listed on the form. You must send the forms within 20 DAYS of the postmarked date on the envelope holding this notice. You may be able to get your account released faster if you send to the creditor or its attorney written proof that your money is exempt. Proof can include an award letter from the government, an annual statement from your pension, pay stubs, copies of checks, bank records showing the last two months of account activity, or other papers showing that the money in your bank account is exempt. 202402291591 IndexNO. INDEX #: E2024003883 E2024003883 FILED: MONROE COUNTY CLERK 02/29/2024 03:21 PM NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 02/29/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF MONROE CFG MERCHANT SOLUTIONS, LLC Index No. E2023009071 PLAINTIFF/PETITIONER EXEMPTION CLAIM FORM -against- KANT LOSE LOGISTICS LLC DBA KANT LOSE LOGISTICS and ADRIAN BARNES and LAMORRIS LITTLE DEFENDANT/RESPONDENT NAME AND ADDRESS OF JUDGEMENT NAME AND ADDRESS OF FINANCIAL CREDITOR OR ATTORNEY INSTITUTION Jason Gang Esq. Navy Federal Credit Union PO Box 478 820 Follin Lane SE Hewlett, NY 11557 Vienna, VA 22180 (877) 221-8108 Directions: To claim that some or all of the funds in your account are exempt, complete both copies of this form, and make one copy for yourself. Mail or deliver one form to ADDRESS A and one form to ADDRESS B within twenty days of the date on the envelope holding this notice. **If you have any documents, such as an award letter, an annual statement from your pension, paystubs, copies of checks or bank records showing the last two months of account activity, include copies of the documents with this form. Your account may be released more quickly. I state that my account contains the following type(s) of funds (check all that apply): ____ Social security ____ Social security disability (SSD) ____ Supplemental security income (SSI) ____ Public assistance ____ Wages while receiving SSI or public assistance ____ Veterans benefits ____ Unemployment insurance ____ Payments from pensions and retirement accounts ____ Income earned in the last 60 days (90% of which is exempt) ____ Child support ____ Spousal support or maintenance (alimony) ____ Workers' compensation ____ Railroad retirement or black lung benefits ____ COVID-19 STIMULUS RELIEF FOR INDIVIDUALS AND FAMILIES WITH CHILDREN ____ Other (describe exemption): __________________________________________ I request that any correspondence to me regarding my claim be sent to the following address: _____________________________________________________________________ (FILL IN YOUR COMPLETE ADDRESS) I certify under penalty of perjury that the statement above is true to the best of my knowledge and belief. ________________________________________________________________________ DATE SIGNATURE OF JUDGMENT DEBTOR 202402291591 IndexNO. INDEX #: E2024003883 E2024003883 FILED: MONROE COUNTY CLERK 02/29/2024 03:21 PM NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 02/29/2024 EXEMPTION NOTICE as required by New York Law YOUR BANK ACCOUNT IS RESTRAINED OR "FROZEN" The attached Restraining Notice or notice of Levy by Execution has been issued against your bank account. You are receiving this notice because a creditor has obtained a money judgment against you, and one or more of your bank accounts has been restrained to pay the judgment. A money judgment is a court's decision that you owe money to a creditor. You should be aware that FUTURE DEPOSITS into your account(s) might also be restrained if you do not respond to this notice. You may be able to "vacate" (remove) the judgment. If the judgment is vacated, your bank account will be released. Consult an attorney (including free legal services) or visit the court clerk for more information about how to do this. Under state and federal law, certain types of funds cannot be taken from your bank account to pay a judgment. Such money is said to be "exempt." DOES YOUR BANK ACCOUNT CONTAIN ANY OF THE FOLLOWING TYPES OF FUNDS? 17. Social security; 18. Social security disability (SSD); 19. Supplemental security income (SSI); 20. Public assistance (welfare); 21. Income earned while receiving SSI or public assistance; 22. Veterans benefits; 23. Unemployment insurance; 24. Payments from pensions and retirement accounts; 25. Disability benefits; 26. Income earned in the last 60 days (90% of which is exempt); 27. Workers' compensation benefits; 28. Child support; 29. Spousal support or maintenance (alimony); 30. Railroad retirement; [and/or] 31. Black lung benefits; AND/OR 32. COVID-19 STIMULUS RELIEF FOR INDIVIDUALS AND FAMILIES WITH CHILDREN. If YES, you can claim that your money is exempt and cannot be taken. To make the claim, you must (d) complete the EXEMPTION CLAIM FORM attached; (e) deliver or mail the form to the bank with the restrained or "frozen" account; and (f) deliver or mail the form to the creditor or its attorney at the address listed on the form. You must send the forms within 20 DAYS of the postmarked date on the envelope holding this notice. You may be able to get your account released faster if you send to the creditor or its attorney written proof that your money is exempt. Proof can include an award letter from the government, an annual statement from your pension, pay stubs, copies of checks, bank records showing the last two months of account activity, or other papers showing that the money in your bank account is exempt. 202402291591 IndexNO. INDEX #: E2024003883 E2024003883 FILED: MONROE COUNTY CLERK 02/29/2024 03:21 PM NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 02/29/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF MONROE CFG MERCHANT SOLUTIONS, LLC Index No. E2023009071 PLAINTIFF/PETITIONER EXEMPTION CLAIM FORM -against- KANT LOSE LOGISTICS LLC DBA KANT LOSE LOGISTICS and ADRIAN BARNES and LAMORRIS LITTLE DEFENDANT/RESPONDENT NAME AND ADDRESS OF JUDGEMENT NAME AND ADDRESS OF FINANCIAL CREDITOR OR ATTORNEY INSTITUTION Jason Gang Esq. Navy Federal Credit Union PO Box 478 820 Follin Lane SE Hewlett, NY 11557 Vienna, VA 22180 (877) 221-8108 Directions: To claim that some or all of the funds in your account are exempt, complete both copies of this form, and make one copy for yourself. Mail or deliver one form to ADDRESS A and one form to ADDRESS B within twenty days of the date on the envelope holding this notice. **If you have any documents, such as an award letter, an annual statement from your pension, paystubs, copies of checks or bank records showing the last two months of account activity, include copies of the documents with this form. Your account may be released more quickly. I state that my account contains the following type(s) of funds (check all that apply): ____ Social security ____ Social security disability (SSD) ____ Supplemental security income (SSI) ____ Public assistance ____ Wages while receiving SSI or public assistance ____ Veterans benefits ____ Unemployment insurance ____ Payments from pensions and retirement accounts ____ Income earned in the last 60 days (90% of which is exempt) ____ Child support ____ Spousal support or maintenance (alimony) ____ Workers' compensation ____ Railroad retirement or black lung benefits ____ COVID-19 STIMULUS RELIEF FOR INDIVIDUALS AND FAMILIES WITH CHILDREN ____ Other (describe exemption): __________________________________________ I request that any correspondence to me regarding my claim be sent to the following address: _____________________________________________________________________ (FILL IN YOUR COMPLETE ADDRESS) I certify under penalty of perjury that the statement above is true to the best of my knowledge and belief. ________________________________________________________________________ DATE SIGNATURE OF JUDGMENT DEBTOR