On April 09, 2024 a
Complaint,Petition
was filed
involving a dispute between
Lvnv Funding Llc,
and
Joshua Rodriguez,
for Other Matters - Consumer Credit (Card) Debt Buyer Plaintiff
in the District Court of Westchester County.
Preview
FILED: WESTCHESTER COUNTY CLERK 04/09/2024 07:48 PM INDEX NO. 60113/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2024
SUPREME COURT OF THE STATE OF NEW YORK CONSUMER CREDIT TRANSACTION
COUNTY OF WESTCHESTER Our File No. RC28822
Court Index No.
LVNV FUNDING LLC Date Purchased:
SUMMONS
Plaintiff's address:
Plaintiff 55 Beattie Suite 110
Place,
-against-
Greenville, SC 29601
|11111111111111111|l11111111111111I|l11I|1111
Joshua Rodriguez
111I|l11|l|1111111111111111111111111111|
Defendant (s)
IIIIIIIIIIIIIIlllIIIIIIIIIlllIlll11111111I|11|11111111|1111|
1111111111111111111111111
The basis of venue is:
The defendant(s) reside in the State of New York, County of WESTCHESTER
To the above named defendant (s):
PLEASE TAKE NOTICE THAT YOU ARE HEREBY SUMMONED
to answer the complaint of the Plaintiff herein and to serve a copy of your answer on the Plaintiff at the
address indicated below within 20 days after service of this Summons (not counting the date of service itself),
or within 30 days after service is complete if the Summons is not delivered personally to you within the State
of New York.
YOU ARE HEREBY NOTIFIED THAT should you fail to answer, a judgment will be entered against you by
default for the relief demanded in the complaint.
Dated: March 25, 2024
KIRSCHENBAUM & PHILLIPS, P.C.
Attorneys for Plaintiff
MARK BRAVERMAN
40 Daniel Street, Suite 7
P.O. Box 9000
Farmingdale, NY 11735-9000
1-866-746-1144
Defendant (s) Address:
108 New Chalet Dr Mohegan Lake NY 10547-1667
WE ARE DEBT COLLECTORS-THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE.
1 of 2
FILED: WESTCHESTER COUNTY CLERK 04/09/2024 07:48 PM INDEX NO. 60113/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2024
SUPREME COURT OF THE STATE OF NEW YORK Our File No. RC28822
COUNTY OF WESTCHESTER
LVNV FUNDING LLC
Court Index No.
Plaintiff
-against-
COMPLAINT
Joshua Rodriguez ****6150
Defendant (s)
Plaintiff, by its attorneys, complaining of the defendant(s), respectfully alleges:
1. Plaintiff is a limited liability company. Plaintiff is licensed as a debt collector by the New York City Department of
Consumer Affairs, license number 1326179.
2. That the defendant(s) resides in the county in which this action is brought; or that the defendant(s) transacted
business within the county in which this action is brought in person or through an agent and that the instant cause of
action arose out of said transaction.
3. On information and belief the causes of action asserted herein are not outside the applicable statute of limitations.
The date of default on this account was August 10, 2018.
4. Plaintiff is the purchaser of this account and is authorized to proceed with this action. The original account number
creating the indebtedness ended in ****6150. The date on which the balance herein became due was March 31, 2022
and the Chain of Title, with the date of each sale or assignment of the account, is as follows:
Cross River Bank May 11, 2022 $1,590.33
Sherman Originator Ill LLC May 11, 2022 $1,590.33
Sherman Originator LLC May 11, 2022 $1,590.33
LVNV Funding LLC May 11, 2022 $1,590.33
5. Plaintiff is the holder of a promissory instrument under account number ending ****6150 and was opened at the
defendant('s') specific instance and request. This document, evidencing defendant('s') promise to pay, was entered into
with plaintiff's predecessor in interest, Cross River Bankand is annexed hereto.
6. The defendant(s) last payment on the instant account was received on or about March 11, 2022 in the amount
of $50.00.
7. The account balance printed on the most recent monthly statement recording a purchase transaction, last
payment or balance transfer was $1,479.27.
8. The defendant has breached the terms of said promissory instrument, resulting in a balance due and owing to
the plaintiff in the amount of $1,590.33, broken down as follows;
(i) principal due $1,479.27
(ii) finance charge or charges $0.00
(iii) fees imposed by original creditor $89.99
(iv) collection costs $0.00
(v) attorneys fees $0.00
(vi) interest $21.07
(vii) any other fees/charges $0.00
9. The Defendant(s) is/are liable to the plaintiff for the amounts set forth herein as a result of their breach of
the agreement.
WHEREFORE, plaintiff demands judgment against the defendant(s) for the sum of $1,590.33 with interest from
March 31, 2022, together with costs and disbursements.
March 25, 2024 KIRSCHENBAUM & PHILLIPS, P.C.
Attorneys for Plaintiff
40 Daniel Street, Suite 7
P.O. Box 9000
MARK BRAVERMAN Farmingdale, NY 11735-9000
1-866-746-1144
2 of 2
Document Filed Date
April 09, 2024
Case Filing Date
April 09, 2024
Category
Other Matters - Consumer Credit (Card) Debt Buyer Plaintiff
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Preview
FILED: WESTCHESTER COUNTY CLERK 04/09/2024 07:48 PM INDEX NO. 60113/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2024 SUPREME COURT OF THE STATE OF NEW YORK CONSUMER CREDIT TRANSACTION COUNTY OF WESTCHESTER Our File No. RC28822 Court Index No. LVNV FUNDING LLC Date Purchased: SUMMONS Plaintiff's address: Plaintiff 55 Beattie Suite 110 Place, -against- Greenville, SC 29601 |11111111111111111|l11111111111111I|l11I|1111 Joshua Rodriguez 111I|l11|l|1111111111111111111111111111| Defendant (s) IIIIIIIIIIIIIIlllIIIIIIIIIlllIlll11111111I|11|11111111|1111| 1111111111111111111111111 The basis of venue is: The defendant(s) reside in the State of New York, County of WESTCHESTER To the above named defendant (s): PLEASE TAKE NOTICE THAT YOU ARE HEREBY SUMMONED to answer the complaint of the Plaintiff herein and to serve a copy of your answer on the Plaintiff at the address indicated below within 20 days after service of this Summons (not counting the date of service itself), or within 30 days after service is complete if the Summons is not delivered personally to you within the State of New York. YOU ARE HEREBY NOTIFIED THAT should you fail to answer, a judgment will be entered against you by default for the relief demanded in the complaint. Dated: March 25, 2024 KIRSCHENBAUM & PHILLIPS, P.C. Attorneys for Plaintiff MARK BRAVERMAN 40 Daniel Street, Suite 7 P.O. Box 9000 Farmingdale, NY 11735-9000 1-866-746-1144 Defendant (s) Address: 108 New Chalet Dr Mohegan Lake NY 10547-1667 WE ARE DEBT COLLECTORS-THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 1 of 2 FILED: WESTCHESTER COUNTY CLERK 04/09/2024 07:48 PM INDEX NO. 60113/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2024 SUPREME COURT OF THE STATE OF NEW YORK Our File No. RC28822 COUNTY OF WESTCHESTER LVNV FUNDING LLC Court Index No. Plaintiff -against- COMPLAINT Joshua Rodriguez ****6150 Defendant (s) Plaintiff, by its attorneys, complaining of the defendant(s), respectfully alleges: 1. Plaintiff is a limited liability company. Plaintiff is licensed as a debt collector by the New York City Department of Consumer Affairs, license number 1326179. 2. That the defendant(s) resides in the county in which this action is brought; or that the defendant(s) transacted business within the county in which this action is brought in person or through an agent and that the instant cause of action arose out of said transaction. 3. On information and belief the causes of action asserted herein are not outside the applicable statute of limitations. The date of default on this account was August 10, 2018. 4. Plaintiff is the purchaser of this account and is authorized to proceed with this action. The original account number creating the indebtedness ended in ****6150. The date on which the balance herein became due was March 31, 2022 and the Chain of Title, with the date of each sale or assignment of the account, is as follows: Cross River Bank May 11, 2022 $1,590.33 Sherman Originator Ill LLC May 11, 2022 $1,590.33 Sherman Originator LLC May 11, 2022 $1,590.33 LVNV Funding LLC May 11, 2022 $1,590.33 5. Plaintiff is the holder of a promissory instrument under account number ending ****6150 and was opened at the defendant('s') specific instance and request. This document, evidencing defendant('s') promise to pay, was entered into with plaintiff's predecessor in interest, Cross River Bankand is annexed hereto. 6. The defendant(s) last payment on the instant account was received on or about March 11, 2022 in the amount of $50.00. 7. The account balance printed on the most recent monthly statement recording a purchase transaction, last payment or balance transfer was $1,479.27. 8. The defendant has breached the terms of said promissory instrument, resulting in a balance due and owing to the plaintiff in the amount of $1,590.33, broken down as follows; (i) principal due $1,479.27 (ii) finance charge or charges $0.00 (iii) fees imposed by original creditor $89.99 (iv) collection costs $0.00 (v) attorneys fees $0.00 (vi) interest $21.07 (vii) any other fees/charges $0.00 9. The Defendant(s) is/are liable to the plaintiff for the amounts set forth herein as a result of their breach of the agreement. WHEREFORE, plaintiff demands judgment against the defendant(s) for the sum of $1,590.33 with interest from March 31, 2022, together with costs and disbursements. March 25, 2024 KIRSCHENBAUM & PHILLIPS, P.C. Attorneys for Plaintiff 40 Daniel Street, Suite 7 P.O. Box 9000 MARK BRAVERMAN Farmingdale, NY 11735-9000 1-866-746-1144 2 of 2