Preview
FILED: OSWEGO COUNTY CLERK 04/15/2024 06:42 PM INDEX NO. EFC-2024-0598
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/15/2024
CONSUMER CREDIT TRANSACTION
Date Purchased:
SUPREME COURT OF THE STATE OF NEW YORK Index №
COUNTY OF OSWEGO X
LVNV Funding LLC SUMMONS
Plaintiff, Plaintiff's Address:
-against- 355 S Main Street
Greenville SC 29601
Erika Correa
Defendant(s).
The Basis of Venue is:
CPLR SEC. 503(f). Defendants
residence is in the County of
OSWEGO.
X
Defendant(s) Address:
DEF1- 5979 S MAIN ST, SANDY CREEK NY 13145-2198
TO THE ABOVE NAMED DEFENDANT(S):
YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your
answer on the Plaintiff's Attorney(s) within 20 days after the service of this summons, exclusive of the day of
service, or within 30 days after service is complete if this summons is not personally delivered to you within the
State of New York; and in the case of your failure to appear or answer, judgment will be taken against you by
default for the relief demanded in the complaint.
We are attorneys attempting to collect a debt. Any information obtained will be used for that purpose.
Dated: April 1, 2024
Matter # 513548 ____________________________
Stephen Einstein Scott Morris
Anthony S. Poulin Dianne Ramdeen
Sharil Clarke Joseph G. Devine
Chester Andrew Guala Gerard W. DeStefano
Richa Bhandari
Tromberg, Morris & Poulin, PLLC.
Attorneys for the Plaintiff
39 Broadway, Suite 1250
New York, N.Y. 10006
(212) 267-3550
3/3/2024
*SM0000513548*
S_S_SUP-SUM
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FILED: OSWEGO COUNTY CLERK 04/15/2024 06:42 PM INDEX NO. EFC-2024-0598
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/15/2024
SUPREME COURT OF THE STATE OF NEW YORK INDEX №:
COUNTY OF OSWEGO
LVNV Funding LLC
Plaintiff,
-against-
COMPLAINT
Erika Correa
Defendant(s).
Plaintiff, by its undersigned attorneys, complaining of the Defendant(s), respectfully alleges
that:
1. Plaintiff is an active foreign entity conducting business in the state of SC.
2. Upon information and belief, the Defendant(s) resides or has an office in the venue in which this
action is brought, or the Defendant(s) transacted business within the venue in which this action is brought,
either in person or through an agent, and the instant cause of action arose out of said transaction.
3. Based upon a reasonable inquiry, the Statute of Limitations for the cause of action asserted herein
has not expired.
AS AND FOR A FIRST CAUSE OF ACTION
4. Upon information and belief the Defendant(s) hereto entered into a Revolving Credit Account
Agreement (hereinafter "Account") with Credit One Bank, N.A. (hereinafter "Original Creditor"), the
Original Creditor as defined by CPLR §105(q-1), bearing an account number on the most recent statement
ending in #XXXXXXXXXXXX7876, as so evidenced in the statement attached hereto, wherein
Defendant(s) agreed to pay Original Creditor all amounts charged to said Account.
5. Upon information and belief, Defendant(s) incurred charges by use of the said Account and
defaulted. As a result of the Defendant’s default the Original Creditor closed the Account and
subsequently charged it off on 12/03/2021 in the amount of $1,348.96. Pursuant to CPLR §3016(j) a
copy of the Charge-Off Statement is attached hereto.
6. Susequently, the Original Creditor sold/ assigned the Account, including all rights, title and interest
in and to the outstanding balance owed by Defendant(s). Plaintiff, purchased and/or took by assignment
the account herein on or about 01/19/2022. The complete chain of sale and assignment and dates sold
and/or assigned are as follows:
Assignor Date of Transfer Amt. at Time of Transfer
Transfer 1: Credit One Bank, N.A. 12/31/2021 $1,348.96
Transfer 2: MHC Receivables, LLC and FNBM, LLC 01/19/2022 $1,348.96
Transfer 3: Credit Asset Sales LLC 01/19/2022 $1,348.96
Transfer 4: Resurgent Acquisitions LLC 01/19/2022 $1,348.96
7. Upon information and belief the date of last payment on this account was 04/21/2021 in the amount
of $46.00.
S_S_COM-RTL
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FILED: OSWEGO COUNTY CLERK 04/15/2024 06:42 PM INDEX NO. EFC-2024-0598
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/15/2024
8. At this time, Defendant(s) owes $1,348.96 on the Account. This amount includes a charge-off
balance of $1,348.96, post-charge-off interest of $0.00, non-interest charges or fees accrued since charge-
off of $0.00, less any post-charge-off credits or payments made by or on behalf of the Defendant of $0.00;
and that amount has not been paid despite due demand.
WHEREFORE, Plaintiff demands judgment against Defendant(s) in the sum of $1,348.96, plus costs
and disbursements.
CERTIFICATION: Deponent is an attorney associated with Tromberg, Morris & Poulin, PLLC. Deponent
certifies that, to the best of their knowledge, information and belief, formed after an inquiry reasonable
under the circumstances, the presentation of the paper or the contentions therein are not frivolous as defined
in section 130-1.1(c) of the Chief Administrative Judge, and an initiating pleading, the matter was not
obtained through illegal conduct, and the matter was not obtained in violation of Part 1200. Rule 4.5 of this
Title. Affirmed this 1st day of April, 2024.
____________________________
Matter # 513548 Stephen Einstein Scott Morris
Anthony S. Poulin Dianne Ramdeen
Sharil Clarke Joseph G. Devine
Chester Andrew Guala Gerard W. DeStefano
Richa Bhandari
S_S_COM-RTL
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FILED: OSWEGO COUNTY CLERK 04/15/2024 06:42 PM INDEX NO. EFC-2024-0598
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/15/2024
EXHIBIT “A”
(CHARGE-OFF/ LAST STATEMENT)
Matter #: 513548
S_EXH-COSM
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FILED: OSWEGO COUNTY CLERK 04/15/2024 06:42 INDEX PM
NO. EFC-2024-0598
CREDIT ONE BANK CREDIT CARD STATEMENT
NYSCEF DOC. NO. 1 Account Number 7876 RECEIVED NYSCEF: 04/15/2024
November 03, 2021 to December 02, 2021
SUMMARY OF ACCOUNT ACTIVITY PAYMENT INFORMATION
Previous Balance $1,278.92 New Balance $1,348.96
Payments - $0.00 Past Due Amount $381.00
Other Credits - $0.00 Amount Due This Period $1,006.96
Purchases + $0.00 Minimum Payment Due $1,348.96
Balance Transfers + $0.00 Payment Due Date 12/27/21
Cash Advances + $0.00
Late Payment Warning:
Fees Charged + $47.25 If we do not receive your minimum payment by the date listed above,
Interest Charged + $22.79 you may have to pay a late fee up to $39.
New Balance $1,348.96 Minimum Payment Warning:
If you make only the minimum payment each period, you will pay more
Credit Limit $1,150.00 in interest and it will take you longer to pay off your balance.
Available Credit $0.00
Statement Closing Date 12/02/21 For example:
Days in Billing Cycle 30 If you make no You will pay off the And you will
additional charges balance shown on end up paying
QUESTIONS? using this card and the statement in an estimated
Call Customer Service or Report each month you pay... about... total of...
a Lost or Stolen Credit Card 1-877-825-3242
Outside the U.S. Call 1-702-405-2042 Only the minimum
payment 1 months $1,349.00
Please send billing inquiries and correspondence to:
P.O. Box 98873, Las Vegas, NV 89193-8873 If you would like a location for credit counseling services, call
1-866-515-5720. Or you may visit www.justice.gov/ust/list-
credit-counseling-agencies-approved-pursuant-11-use-111.
TRANSACTIONS
Reference Number Trans Date Post Date Description of Transaction or Credit Amount
Fees
F572700AG000CYLAC 12/02 12/02 ANNUAL FEE 01/22 THROUGH 01/22 8.25
12/02 12/02 LATE FEE 39.00
TOTAL FEES FOR THIS PERIOD 47.25
Interest Charged
12/02 12/02 Interest Charge on Purchases 22.79
12/02 12/02 Interest Charge on Cash Advances 0.00
TOTAL INTEREST FOR THIS PERIOD 22.79
2021 Totals Year-to-Date
Total fees charged in 2021 $360.16
Total interest charged in 2021 $232.59
Your account is currently closed.
INTEREST CHARGE CALCULATION
Your Annual Percentage Rate (APR) is the annual interest rate on your account.
Balance Subject to
Type of Balance Annual Percentage Rate (APR) Interest Rate Interest Charge
Purchases 23.90%(v) $1,144.18 $22.79
Cash Advances 23.90%(v) $0.00 $0.00
(v) = Variable Rate
5385 JBH 001 7 2 211202 0 CX PAGE1of 1 2 0 5727 9620 M250 01GR5385
Pleaseretumthisportionwithyourpayment,andwriteyouraccountnumberonyourcheck,madepayableto CREDITONEBANK.
PAY YOUR BILL ONLINE at CreditOneBank.com
CzAOrw
B A N K
Account Number: 7876
New Balance: $1,348.96
Minimum Payment Due: $1,348.96
Payment Due Date: 12/27/21
For address, telephone and email changes,
please complete the reverse side.
Or, update your contact information online
at www.CreditoneBank.com. AMOUNT ENCLOSED:
I..III..II.IIII.I.I.I.I.II..I.II.I.....I.II....I.IIIII..II.IIII.I
CREDIT ONE BANK ERIKA CORREA
PO BOX 60500 112 N WAGNER AVE
CITY OF INDUSTRY CA 91716-0500 STOCKTON CA 95215-5241
III.I.I....III.I...I.I.I.I..I..IIIII.....I..I....II.IIII.I..I...I
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FILED: OSWEGO COUNTY CLERK 04/15/2024 06:42 PM INDEX NO. EFC-2024-0598
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/15/2024
EXHIBIT “B”
(LAST USE OF CARD STATEMENT/ BALANCE)
Matter #: 513548
S_EXH-LPAM
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FILED: OSWEGO COUNTY CLERK 04/15/2024 06:42 INDEX PM
NO. EFC-2024-0598
CREDIT ONE BANK CREDIT CARD STATEMENT
NYSCEF DOC. NO. 1 Account Number 7876 RECEIVED NYSCEF: 04/15/2024
April 03, 2021 to May 02, 2021
SUMMARY OF ACCOUNT ACTIVITY PAYMENT INFORMATION
Previous Balance $909.43 New Balance $889.21
Payments - $46.00 Past Due Amount $0.00
Other Credits - $0.00 Amount Due This Period $45.00
Purchases + $0.00 Minimum Payment Due $45.00
Cash Advances + $0.00 Payment Due Date 05/27/21
Fees Charged + $8.25
Late Payment Warning:
Interest Charged + $17.53 If we do not receive your minimum payment by the date listed above,
you may have to pay a late fee up to $39.
New Balance $889.21
Enimum Payment Warning:
Credit Limit $1,150.00 If you make only the minimum payment each period, you will pay more
Available Credit $260.00 in interest and it will take you longer to pay off your balance.
Statement Closing Date 05/02/21
Days in Billing Cycle 30 For example:
If you make no You will pay off the And you will
QUESTIONS? additional charges balance shown on end up paying
Call Customer Service or Report using this card and the statement in an estimated
a Lost or Stolen Credit Card 1-877-825-3242 each month you pay... about... total of...
Outside the U.S. Call 1-702-405-2042
Only the minimum
Please send billing inquiries and correspondence to: payment 3 years $1,249.00
P.O. Box 98873, Las Vegas, NV 89193-8873
If you would like a location for credit counseling services, call
1-866-515-5720. Or you may visit www.justice.gov/ust/list-
credit-counseling-agencies-approved-pursuant-11-use-111.
TRANSACTIONS
Reference Number Trans Date Post Date Description of Transaction or Credit Amount
74071933F00XTMJLX 04/21 04/21 INTERNET PAYMENT LAS VEGAS NV -46.00
Fees
F5727003U000CYLAC 05/02 05/02 ANNUAL FEE 06/21 THROUGH 06/21 8.25
TOTAL FEES FOR THIS PERIOD 8.25
Interest Charged
05/02 05/02 Interest Charge on Purchases 17.53
05/02 05/02 Interest Charge on Cash Advances 0.00
TOTAL INTEREST FOR THIS PERIOD 17.53
2021 Totals Year-to-Date
Total fees charged in 2021 $40.41
Total interest charged in 2021 $92.59
INTEREST CHARGE CALCULATION
Your Annual Percentage Rate (APR) is the annual interest rate on your account.
Balance Subject to
Type of Balance Annual Percentage Rate (APR) Interest Rate Interest Charge
Purchases 23.90%(v) $880.26 $17.53
Cash Advances 23.90%(v) $0.00 $0.00
(v) = Variable Rate
5385 JBH 001 7 2 210502 O PAGE1of 1 2 0 5727 9620 M250 01GR5385
Pleaseretumthisportionwithyourpayment,andwriteyouraccountnumberonyourcheck,madepayableto CREDITONEBANK.
PAY YOUR BILL ONLINE at CreditOneBank.com
CzAOrw
B A N K
Account Number: 7876
New Balance: $889.21
Minimum Payment Due: $45.00
Payment Due Date: 05/27/21
For address, telephone and email changes,
please complete the reverse side.
Or, update your contact information online
at www.CreditoneBank.com. AMOUNT ENCLOSED:
...I..II..I.I...I.IIIIIII..II.IIII.III...II..I.I..III.....I......
CREDIT ONE BANK ERIKA CORREA
PO BOX 60500 3591 QUAIL LAKES DR APT 8
CITY OF INDUSTRY CA 91716-0500 STOCKTON CA 95207-5250
I..I..I.II..I..III..III........I.I.III.I......IIIII..I.IIIII..I.I
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FILED: OSWEGO COUNTY CLERK 04/15/2024 06:42 PM INDEX NO. EFC-2024-0598
NYSCEF DOC. NO. 1 Index No. Year RECEIVED NYSCEF: 04/15/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF OSWEGO
LVNV Funding LLC
Plaintiff
-against-
Erika Correa
Defendant(s)
SUMMONS AND COMPLAINT
Signature (Rule 130-1. 1-a)
____________________________
Stephen Einstein Scott Morris
Anthony S. Poulin Dianne Ramdeen
Sharil Clarke Joseph G. Devine
Chester Andrew Guala Gerard W. DeStefano
Richa Bhandari
LAW OFFICE OF
TROMBERG, MORRIS & POULIN, PLLC.
Attorney(s) for Plaintiff
Office and Post Office Address
39 Broadway, Suite 1250
New York, New York 10006
(212) 267-3550
Fax (212) 227-9656
Service of a copy of the within ___________________ is hereby admitted.
Dated,
Attorney(s) for Plaintiff(s)
Sir: Please take notice
NOTICE OF ENTRY:
That within is a (certified) true copy of a duly entered in the office of the clerk
of the within named court on
NOTICE OF SETTLEMENT
That an order __________________ of which the within is a true copy of a
Settlement to the HON. ___________________ Presented for one of the
judges
Of the within named court, at
On the ___ day of _____ 2024 at __ A.M
Dated,
S_S_SUP-BB
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FILED: OSWEGO COUNTY CLERK 04/15/2024 06:42 PM INDEX NO. EFC-2024-0598
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/15/2024
SUPREME COURT OF THE STATE OF NEW YORK INDEX №:
COUNTY OF OSWEGO
LVNV Funding LLC
Plaintiff,
-against-
Erika Correa
Defendant(s).
NOTICE OF COMMENCEMENT OF ACTION
SUBJECT TO MANDATORY ELECTRONIC FILING
PLEASE TAKE NOTICE that the matter captioned above has been commenced as an
electronically filed case in the New York State Courts Electronic Filing System (“NYSCEF”) as
required by CPLR § 2111 and Uniform Rule § 202.5-bb (MANDATORY ELECTRONIC FILING).
This notice is being served as required by that rule.
NYSCEF is designed for the electronic filing of documents with the County Clerk and the
court and for the electronic service of those documents, court documents, and court notices upon
counsel and unrepresented litigants who have consented to electronic filing.
Electronic filing offers significant benefits for attorneys and litigants, permitting papers to be
filed with the County Clerk and the court and served on other parties simply, conveniently, and
quickly. NYSCEF case documents are filed with the County Clerk and the court by filing on the
NYSCEF Website, which can be done at any time of the day or night on any day of the week. The
documents are served automatically on all consenting e-filers as soon as the document is uploaded to
the website, which sends out an immediate email notification of the filing.
The NYSCEF System charges no fees for filing, serving, or viewing the electronic case record,
nor does it charge any fees to print any filed documents. Normal filing fees must be paid, but this can
be done on-line.
Parties represented by an attorney: An attorney representing a party who is served with this
notice must either: 1) immediately record his or her representation within the e-filed matter on the
NYSCEF site; or 2) file the Notice of Opt-Out form with the clerk of the court where this action is
pending. Exemptions from mandatory e-filing are limited to attorneys who certify in good faith that
they lack the computer hardware and/or scanner and/or internet connection or that they lack (along
with all employees subject to their direction) the operational knowledge to comply with e-filing
requirements. [Section 202.5-bb(e)]
Parties not represented by an attorney: Unrepresented litigants are exempt from efiling.
They can serve and file documents in paper form and must be served with documents in paper
form. However, an unrepresented litigant may participate in e-filing. For information on how to
participate in e-filing, unrepresented litigants should contact the appropriate clerk in the court where
the action was filed or visit www.nycourts.gov/efileunrepresented. Unrepresented litigants also are
encouraged to visit www.nycourthelp.gov or contact the Help Center in the court where the action
was filed. An unrepresented litigant who consents to e-filing may cease participation at any time.
However, the other parties may continue to e-file their court documents in the case.
S_S-EFI
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FILED: OSWEGO COUNTY CLERK 04/15/2024 06:42 PM INDEX NO. EFC-2024-0598
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/15/2024
For additional information about electronic filing and to create a NYSCEF account, visit the
NYSCEF website at www.nycourts.gov/efile or contact the NYSCEF Resource Center (phone: 646-
386-3033; e-mail: efile@nycourts.gov).
Dated: April 1, 2024
____________________________
Stephen Einstein Scott Morris
Anthony S. Poulin Dianne Ramdeen
Sharil Clarke Joseph G. Devine
Chester Andrew Guala Gerard W. DeStefano
Richa Bhandari
Tromberg, Morris & Poulin, PLLC.
39 Broadway, Suite 1250
New York, N.Y. 10006
(212) 267-3550
www.tmppllc.com
TO: Erika Correa
5979 S Main St
Sandy Creek NY 13145-2198
Matter # 513548
S_S-EFI
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