On January 02, 2024 a
EXHIBIT(S) - E (Motion #001) - Exh E to Affirmation
was filed
involving a dispute between
Five Star Bank,
and
Shawn P. Thomas,
for Other Matters - Consumer Credit (Non-Card) Transaction
in the District Court of Erie County.
Preview
FILED: ERIE COUNTY CLERK 04/03/2024 03:10 PM INDEX NO. 800094/2024
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 04/03/2024
EXHIBIT
FILED: ERIE COUNTY CLERK 03/18/2024
04/03/202402 03:10 PM INDEX
INDEX
NO.
NO. 800094/2024
800094/2024
(FILED : ERIE COUNTY CLERK : 53 PM)
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 20
9 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 04/03/2024
03/18/2024
SUPREME COURT COUNTY OF Erie . . Part:
FIVE STAR BANK
WRITTEN ANSWER
Plaintiff(s)
-against- CONSUMER CREDIT TRANSACTION
SHAWN PATRICKTHOMAS
Defendant(s) Index Number: 800094/2024
ANSWER: (Check all that apply)
1. General Denial: I deny the allegations in the Complaint.
SERVICE
2. O I did not receive a copy of the Summons and Complaint.
3. O I received the Summons and Complaint, but service was not correct as required by law.
DEFENSES
4. ¤ It is not my debt. I am a victim of identity theft or mistaken identity.
5. I have paid all or part of the alleged debt.
6. I dispute the amount of the debt.
7. O I had no business dealings with Plaintiff (Plaintiff lacks standing).
8. O There is no record of plaintiff having a license to collect debt (only for cases filed in New York City, Buffalo and
other municipalities requiring debt collectors to be licensed).
9. O Plaintiff does not allege a debt
collector's license number in the Complaint (only for cases filed in New York
City, Buffalo and other municipalities requiring debt collectors to be licensed).
10. O Statute of limitations (the time has passed to sue on this debt).
11. O This debt has been discharged in bankruptcy.
12. O The collateral (property) was not sold at a commercially reasonable price.
13. O Failure to provide proper notice before selling collateral (property).
14. G Fallure to mitigate damages (Plaintiff did not take reasonable steps to limit damages).
15. O Unjust enrichment (the amount demanded is excessive compared with the original debt).
16. O Violation of the duty of good faith and fair dealing.
17. O Unconscionability (the contract is unfair).
18. ¤ Laches (plaintiff has excessively delayed in bringing this lawsuit to my disadvantage).
19-a. O OUTSIDE OF NEW YORK CITY ONLY: Lack of personal jurisdiction under Uniform City Court Act § 213 (applies if
you do not work in the city where the case was filed and you are not a resident of that city or (for all countles
except Westchester and Nassau counties) you are not a resident of a town next to that city within the same
county).
19-b. ¤ SUFFOLK COUNTY: Lack of personal jurisdiction; the defendant is not a resident and/or was not served in, or
there was no transaction of business in, that portion of Suffolk County for which a District Court has been
established (Towns of Huntington, Babylon, Islip, Smithtown and Brookhaven).
20. ¤ Defendant is in the military.
OTHER
21. O Other Reasons
22. O Please take notice that rny only source of incorne is , which is exempt from collection.
COUNTERCLAIM(S)
23. Counterclaim(s): 3,000.00 Reason:3 SEPERATE VIOLATIONS OF FCRA
$
VERIFICATION
State of New York, County of 6 t2 ss:
r Aw STi24cJL THo fA*p , being duly sworn, deposes and says: I have read the Answer in Writing and know
the contents to be true from my own knowledge, except as to those matters stated on information and belief, and as to
those matters I believe them to be true.
Sworn to before e this / day of /2 C.
, 20
Aaron
J. Taylo
cLalley
Notary Publi¢ State of New York sis ureof Defendant
.w oq otary Public Registration #04TA6:188444t's
MY coaM SStad 2>!91$ al25/2souallfled In Erle Courhý&ess:
This case is scheduled to appear on W øolticaikan8mpiassf612dyssdR 7CYiAA(Aâf \f / ( O
Date: Part: Room: Time: . Both sides notified: Yes No
Ucs-CC-QevisedQ11/15)
1 of 1
Category
Other Matters - Consumer Credit (Non-Card) Transaction
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Preview
FILED: ERIE COUNTY CLERK 04/03/2024 03:10 PM INDEX NO. 800094/2024 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 04/03/2024 EXHIBIT FILED: ERIE COUNTY CLERK 03/18/2024 04/03/202402 03:10 PM INDEX INDEX NO. NO. 800094/2024 800094/2024 (FILED : ERIE COUNTY CLERK : 53 PM) NYSCEF NYSCEF DOC. DOC. NO. NO. 20 9 RECEIVED RECEIVED NYSCEF: NYSCEF: 04/03/2024 03/18/2024 SUPREME COURT COUNTY OF Erie . . Part: FIVE STAR BANK WRITTEN ANSWER Plaintiff(s) -against- CONSUMER CREDIT TRANSACTION SHAWN PATRICKTHOMAS Defendant(s) Index Number: 800094/2024 ANSWER: (Check all that apply) 1. General Denial: I deny the allegations in the Complaint. SERVICE 2. O I did not receive a copy of the Summons and Complaint. 3. O I received the Summons and Complaint, but service was not correct as required by law. DEFENSES 4. ¤ It is not my debt. I am a victim of identity theft or mistaken identity. 5. I have paid all or part of the alleged debt. 6. I dispute the amount of the debt. 7. O I had no business dealings with Plaintiff (Plaintiff lacks standing). 8. O There is no record of plaintiff having a license to collect debt (only for cases filed in New York City, Buffalo and other municipalities requiring debt collectors to be licensed). 9. O Plaintiff does not allege a debt collector's license number in the Complaint (only for cases filed in New York City, Buffalo and other municipalities requiring debt collectors to be licensed). 10. O Statute of limitations (the time has passed to sue on this debt). 11. O This debt has been discharged in bankruptcy. 12. O The collateral (property) was not sold at a commercially reasonable price. 13. O Failure to provide proper notice before selling collateral (property). 14. G Fallure to mitigate damages (Plaintiff did not take reasonable steps to limit damages). 15. O Unjust enrichment (the amount demanded is excessive compared with the original debt). 16. O Violation of the duty of good faith and fair dealing. 17. O Unconscionability (the contract is unfair). 18. ¤ Laches (plaintiff has excessively delayed in bringing this lawsuit to my disadvantage). 19-a. O OUTSIDE OF NEW YORK CITY ONLY: Lack of personal jurisdiction under Uniform City Court Act § 213 (applies if you do not work in the city where the case was filed and you are not a resident of that city or (for all countles except Westchester and Nassau counties) you are not a resident of a town next to that city within the same county). 19-b. ¤ SUFFOLK COUNTY: Lack of personal jurisdiction; the defendant is not a resident and/or was not served in, or there was no transaction of business in, that portion of Suffolk County for which a District Court has been established (Towns of Huntington, Babylon, Islip, Smithtown and Brookhaven). 20. ¤ Defendant is in the military. OTHER 21. O Other Reasons 22. O Please take notice that rny only source of incorne is , which is exempt from collection. COUNTERCLAIM(S) 23. Counterclaim(s): 3,000.00 Reason:3 SEPERATE VIOLATIONS OF FCRA $ VERIFICATION State of New York, County of 6 t2 ss: r Aw STi24cJL THo fA*p , being duly sworn, deposes and says: I have read the Answer in Writing and know the contents to be true from my own knowledge, except as to those matters stated on information and belief, and as to those matters I believe them to be true. Sworn to before e this / day of /2 C. , 20 Aaron J. Taylo cLalley Notary Publi¢ State of New York sis ureof Defendant .w oq otary Public Registration #04TA6:188444t's MY coaM SStad 2>!91$ al25/2souallfled In Erle Courhý&ess: This case is scheduled to appear on W øolticaikan8mpiassf612dyssdR 7CYiAA(Aâf \f / ( O Date: Part: Room: Time: . Both sides notified: Yes No Ucs-CC-QevisedQ11/15) 1 of 1