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  • Lvnv Funding Llc v. Erika CorreaOther Matters - Consumer Credit (Card) Debt Buyer Plaintiff document preview
  • Lvnv Funding Llc v. Erika CorreaOther Matters - Consumer Credit (Card) Debt Buyer Plaintiff document preview
  • Lvnv Funding Llc v. Erika CorreaOther Matters - Consumer Credit (Card) Debt Buyer Plaintiff document preview
  • Lvnv Funding Llc v. Erika CorreaOther Matters - Consumer Credit (Card) Debt Buyer Plaintiff document preview
  • Lvnv Funding Llc v. Erika CorreaOther Matters - Consumer Credit (Card) Debt Buyer Plaintiff document preview
  • Lvnv Funding Llc v. Erika CorreaOther Matters - Consumer Credit (Card) Debt Buyer Plaintiff document preview
  • Lvnv Funding Llc v. Erika CorreaOther Matters - Consumer Credit (Card) Debt Buyer Plaintiff document preview
  • Lvnv Funding Llc v. Erika CorreaOther Matters - Consumer Credit (Card) Debt Buyer Plaintiff document preview
						
                                

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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 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 1 of 10 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 2 of 10 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 3 of 10 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 4 of 10 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 5 of 10 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 6 of 10 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 7 of 10 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 8 of 10 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 9 of 10 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 10 of 10