On March 05, 2024 a
SUMMONS + COMPLAINT - Zeir Arango
was filed
involving a dispute between
Lvnv Funding Llc,
and
Zeir Arango,
for Other Matters - Consumer Credit (Non-Card) Transaction
in the District Court of Westchester County.
Preview
FILED: WESTCHESTER COUNTY CLERK 03/05/2024 11:50 AM INDEX NO. 58042/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/05/2024
File # A223597
CONSUMER CREDIT TRANSACTION
(NON-CREDIT CARD)
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
---------------------------------
LVNV FUNDING LLC
Plaintiff, Index No.
-against- SUMMONS
ZEIR ARANGO
Plaintiff's Residence Address
355 S MAIN STREET SUITE 300-D
GREENVILLE SC 29601
Defendant(s).
The Basis of this venue
designated is:
Defendant's residence
---------------------------------
Defendant's Residence Address:
1 BROAD PKWY APT 7L
WHITE PLAINS, NY 10601-3723
YOU ARE HEREBY SUMMONED to answer the complaint in this
action and to serve a copy of your answer, or, if the complaint
is not served with this summons, to serve a notice of appearance
on the plaintiff's attorney within twenty (20) days after the
service of this summons exclusive of the days of service (or
within thirty (30) days after the service is complete if this
summons is not personally delivered to you within the State of
New York).
You are hereby notified that should you fail to appear or
answer, judgment will be taken against you by default for the
relief demanded in the complaint.
Dated: 02/29/2024 PRESSLER, FELT & WARSHAW, LLP
Attorneys for Plaintiff
305 Broadway Suite 505
New York, NY 10007
(888)312-8600
[X] By:
____________________________
Ryan R. Tappan , Esq.
[ ] By:____________________________
Ian Z. Winograd Esq.
[ ] By:____________________________
David B. Warshaw Esq.
[ ] By:____________________________
Craig S. Stiller Esq.
[ ] By:____________________________
Howard Schachter Esq.
[ ] By:____________________________
Patrick Wong Esq.
[ ] By:____________________________
Renuka Vipat Esq.
1 of 4
FILED: WESTCHESTER COUNTY CLERK 03/05/2024 11:50 AM INDEX NO. 58042/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/05/2024
File # A223597
SUPREME COURT OF THE STATE OF NEW YORK - COUNTY OF WESTCHESTER
----------------------------------
LVNV FUNDING LLC
Plaintiff(s) Index No.
-against- COMPLAINT
ZEIR ARANGO
Defendant(s)
----------------------------------
Plaintiff through its attorney, Pressler, Felt & Warshaw, LLP
complains of the Defendant(s) and alleges upon information and
belief as follows:
FACTS COMMON TO ALL COUNTS
1. LVNV FUNDING LLC (hereinafter "Plaintiff") is a limited
liability company formed under the the laws of the State of
Delaware.
2. ZEIR ARANGO (hereinafter "Defendant") resides within the
jurisdictional limits of this Court.
3. Plaintiff is the current owner of the obligation sued upon,
and was assigned all the rights, title and interest to
Defendant's CROSS RIVER BANK account number ending in 0573
(hereinafter "the Account").
4. The Plaintiff is not the original creditor. The Account
originated with CROSS RIVER BANK. The name of the entity that
owned the Account at the date of default giving rise to a cause
of action is CROSS RIVER BANK. The chain of title including CROSS
RIVER BANK and all post default owners of the debt are as
follows:
a. CROSS RIVER BANK to PAGAYA AI DEBT GRANTOR TRUST
2022-2 on 10/13/23 with an amount due at the time of sale
or assignment in the amount of $5,684.33.
b. PAGAYA AI DEBT GRANTOR TRUST 2022-2 to RESURGENT
ACQUISITIONS LLC on 10/13/23.
c. RESURGENT ACQUISITIONS LLC to LVNV FUNDING LLC on
10/13/23.
2 of 4
FILED: WESTCHESTER COUNTY CLERK 03/05/2024 11:50 AM INDEX NO. 58042/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/05/2024
FIRST CAUSE OF ACTION
5. Plaintiff repeats and incorporates the allegations set forth
in FACTS COMMON TO ALL COUNTS as if set forth at length herein.
6. Plaintiff alleges that Defendant is the responsible person for
this Account.
7. Upon information and belief, the statute of limitations for
the cause of action asserted herein is 3 years and therefore has
not expired.
8. Attached is a copy of the contract or other written instrument
on which this action is based.
9. The Account balance printed on the most recent monthly
statement recording a purchase transaction, last payment or
balance transfer is $5,478.08.
10. The last payment to the Account was on or about 07/28/23 in
the amount of $97.38.
11. Per terms of the contract or other written instrument,
Defendant agreed to pay all amounts due on the Account.
12. The amount due is $5,684.33, which is itemized as follows:
13. There is now due and owing the Plaintiff, as the assignee of
the Account, from Defendant, the sum of $5,684.33.
a. Principal: $5,478.08.
b. Finance Charge or Charges: $0.00.
c. Fees imposed by Original Creditor: $0.00.
d. Collection Costs: $0.00.
e. Attorney's Fees: $0.00.
f. Interest: $206.25.
g. Any Other Fees and Charges: $0.00.
3 of 4
FILED: WESTCHESTER COUNTY CLERK 03/05/2024 11:50 AM INDEX NO. 58042/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/05/2024
WHEREFORE, Plaintiff demands judgment against ZEIR ARANGO
for the sum of $5,684.33 plus costs and disbursements of this
action and for such further and other relief as the Court deems
just and proper.
Dated: 02/29/2024 PRESSLER, FELT & WARSHAW, LLP
Attorneys for Plaintiff
305 Broadway Suite 505
New York, NY 10007
(888)312-8600
[X] By:
____________________________
Ryan R. Tappan , Esq.
[ ] By:____________________________
Ian Z. Winograd Esq.
[ ] By:____________________________
David B. Warshaw Esq.
[ ] By:____________________________
Craig S. Stiller Esq.
[ ] By:____________________________
Howard Schachter Esq.
[ ] By:____________________________
Patrick Wong Esq.
[ ] By:____________________________
Renuka Vipat Esq.
THIS COMMUNICATION IS FROM A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A
DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
4 of 4
Document Filed Date
March 05, 2024
Case Filing Date
March 05, 2024
Category
Other Matters - Consumer Credit (Non-Card) Transaction
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Preview
FILED: WESTCHESTER COUNTY CLERK 03/05/2024 11:50 AM INDEX NO. 58042/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/05/2024 File # A223597 CONSUMER CREDIT TRANSACTION (NON-CREDIT CARD) SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER --------------------------------- LVNV FUNDING LLC Plaintiff, Index No. -against- SUMMONS ZEIR ARANGO Plaintiff's Residence Address 355 S MAIN STREET SUITE 300-D GREENVILLE SC 29601 Defendant(s). The Basis of this venue designated is: Defendant's residence --------------------------------- Defendant's Residence Address: 1 BROAD PKWY APT 7L WHITE PLAINS, NY 10601-3723 YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of appearance on the plaintiff's attorney within twenty (20) days after the service of this summons exclusive of the days of service (or within thirty (30) days after the service is complete if this summons is not personally delivered to you within the State of New York). You are hereby notified that should you fail to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. Dated: 02/29/2024 PRESSLER, FELT & WARSHAW, LLP Attorneys for Plaintiff 305 Broadway Suite 505 New York, NY 10007 (888)312-8600 [X] By: ____________________________ Ryan R. Tappan , Esq. [ ] By:____________________________ Ian Z. Winograd Esq. [ ] By:____________________________ David B. Warshaw Esq. [ ] By:____________________________ Craig S. Stiller Esq. [ ] By:____________________________ Howard Schachter Esq. [ ] By:____________________________ Patrick Wong Esq. [ ] By:____________________________ Renuka Vipat Esq. 1 of 4 FILED: WESTCHESTER COUNTY CLERK 03/05/2024 11:50 AM INDEX NO. 58042/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/05/2024 File # A223597 SUPREME COURT OF THE STATE OF NEW YORK - COUNTY OF WESTCHESTER ---------------------------------- LVNV FUNDING LLC Plaintiff(s) Index No. -against- COMPLAINT ZEIR ARANGO Defendant(s) ---------------------------------- Plaintiff through its attorney, Pressler, Felt & Warshaw, LLP complains of the Defendant(s) and alleges upon information and belief as follows: FACTS COMMON TO ALL COUNTS 1. LVNV FUNDING LLC (hereinafter "Plaintiff") is a limited liability company formed under the the laws of the State of Delaware. 2. ZEIR ARANGO (hereinafter "Defendant") resides within the jurisdictional limits of this Court. 3. Plaintiff is the current owner of the obligation sued upon, and was assigned all the rights, title and interest to Defendant's CROSS RIVER BANK account number ending in 0573 (hereinafter "the Account"). 4. The Plaintiff is not the original creditor. The Account originated with CROSS RIVER BANK. The name of the entity that owned the Account at the date of default giving rise to a cause of action is CROSS RIVER BANK. The chain of title including CROSS RIVER BANK and all post default owners of the debt are as follows: a. CROSS RIVER BANK to PAGAYA AI DEBT GRANTOR TRUST 2022-2 on 10/13/23 with an amount due at the time of sale or assignment in the amount of $5,684.33. b. PAGAYA AI DEBT GRANTOR TRUST 2022-2 to RESURGENT ACQUISITIONS LLC on 10/13/23. c. RESURGENT ACQUISITIONS LLC to LVNV FUNDING LLC on 10/13/23. 2 of 4 FILED: WESTCHESTER COUNTY CLERK 03/05/2024 11:50 AM INDEX NO. 58042/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/05/2024 FIRST CAUSE OF ACTION 5. Plaintiff repeats and incorporates the allegations set forth in FACTS COMMON TO ALL COUNTS as if set forth at length herein. 6. Plaintiff alleges that Defendant is the responsible person for this Account. 7. Upon information and belief, the statute of limitations for the cause of action asserted herein is 3 years and therefore has not expired. 8. Attached is a copy of the contract or other written instrument on which this action is based. 9. The Account balance printed on the most recent monthly statement recording a purchase transaction, last payment or balance transfer is $5,478.08. 10. The last payment to the Account was on or about 07/28/23 in the amount of $97.38. 11. Per terms of the contract or other written instrument, Defendant agreed to pay all amounts due on the Account. 12. The amount due is $5,684.33, which is itemized as follows: 13. There is now due and owing the Plaintiff, as the assignee of the Account, from Defendant, the sum of $5,684.33. a. Principal: $5,478.08. b. Finance Charge or Charges: $0.00. c. Fees imposed by Original Creditor: $0.00. d. Collection Costs: $0.00. e. Attorney's Fees: $0.00. f. Interest: $206.25. g. Any Other Fees and Charges: $0.00. 3 of 4 FILED: WESTCHESTER COUNTY CLERK 03/05/2024 11:50 AM INDEX NO. 58042/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/05/2024 WHEREFORE, Plaintiff demands judgment against ZEIR ARANGO for the sum of $5,684.33 plus costs and disbursements of this action and for such further and other relief as the Court deems just and proper. Dated: 02/29/2024 PRESSLER, FELT & WARSHAW, LLP Attorneys for Plaintiff 305 Broadway Suite 505 New York, NY 10007 (888)312-8600 [X] By: ____________________________ Ryan R. Tappan , Esq. [ ] By:____________________________ Ian Z. Winograd Esq. [ ] By:____________________________ David B. Warshaw Esq. [ ] By:____________________________ Craig S. Stiller Esq. [ ] By:____________________________ Howard Schachter Esq. [ ] By:____________________________ Patrick Wong Esq. [ ] By:____________________________ Renuka Vipat Esq. THIS COMMUNICATION IS FROM A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 4 of 4