Preview
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.
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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.
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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)?
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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