Preview
FILED: NEW YORK COUNTY CLERK 05/08/2024 11:35 AM INDEX NO. 154256/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/08/2024
CONSUMER CREDIT TRANSACTION
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
AMERICAN EXPRESS NATIONAL BANK, Index No.__________________
Plaintiff
- vs. - SUMMONS
ALAN JIANG AKA ALAN L JIANG, The basis of the venue designated is
Defendant’s residence.
208 DELANCEY ST
APT 1C Plaintiff’s address:
NEW YORK, NY 10002 115 W. Towne Ridge Parkway
Defendant(s) Sandy, UT 84070
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 attorneys for plaintiff within 20 days after the service of the
Summons, exclusive of the days of service (or within 30 days after the service is complete if this
summons is not personally delivered to you within the State of New York); and in case of your
failure to appear or answer, judgment will be taken against you by default for the relief
demanded herein. The basis of venue is the Defendant(s) residence.
DATED: 4/29/24
________________________________________
[ ] ANNA LUISA LOISELLE, ESQ.
[ ] ROBERT ROSS, ESQ.
[ ] KEISHA SAPPHIRE HOLGATE, ESQ.
ZWICKER & ASSOCIATES, P.C.
A Law Firm Engaged in Debt Collection
285 Davidson Ave., Suite #307
Somerset, NJ 08873
855-427-7433
LITIGATIONZAPC@ZWICKERPC.COM
New York Office (per Judiciary Law § 470):
1225 FRANKLIN AVENUE, SUITE 260
GARDEN CITY, NY 11530
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FILED: NEW YORK COUNTY CLERK 05/08/2024 11:35 AM INDEX NO. 154256/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/08/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
AMERICAN EXPRESS NATIONAL BANK,
Index No.____________
Plaintiff,
vs.
ALAN JIANG AKA ALAN L JIANG, COMPLAINT
Defendant(s).
PLAINTIFF, by and through its attorneys, Zwicker & Associates P.C., complaining of
Defendant(s), respectfully alleges upon information and belief:
1. Defendant(s) reside(s) and/or maintain(s) an address and/or domicile sufficient to
allow this Court to maintain jurisdiction and venue of Plaintiff’s claims.
2. Defendant(s) entered into a credit agreement (hereinafter “Agreement”) with
Plaintiff.
COUNT I– BREACH OF CONTRACT
3. Plaintiff is a National Bank located in Utah. Plaintiff is the original creditor.
4. The last four digits of the account number that was printed on the most recent
monthly statement recording a purchase transaction, last payment, or balance transfer was 3000.
5. The balance printed on the most recent monthly statement recording a purchase
transaction, last payment, or balance transfer was $35,283.44.
6. The last payment, in the amount of $894.62 posted to the account on 09/21/2023.
7. Defendant(s) defaulted on the terms of the aforementioned Agreement.
8. There is now due and owing to Plaintiff from Defendant(s), as a result of the
aforementioned breach of the Agreement by Defendant(s), the sum of $35,283.44.
9. The account is not charged-off.
10. The contract or other written instrument on which the action is based is attached
hereto as Exhibit A.
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/08/2024
COUNT II– BREACH OF CONTRACT
11. Plaintiff is a National Bank located in Utah. Plaintiff is the original creditor.
12. The last four digits of the account number that was printed on the most recent
monthly statement recording a purchase transaction, last payment, or balance transfer was 3006.
13. The balance printed on the most recent monthly statement recording a purchase
transaction, last payment, or balance transfer was $22,748.47.
14. The last payment, in the amount of $660.99 posted to the account on 09/21/2023.
15. Defendant(s) defaulted on the terms of the aforementioned Agreement.
16. There is now due and owing to Plaintiff from Defendant(s), as a result of the
aforementioned breach of the Agreement by Defendant(s), the sum of $22,748.47.
17. The account is not charged-off.
18. The contract or other written instrument on which the action is based is attached
hereto as Exhibit B.
WHEREFORE, Plaintiff requests this Honorable Court to enter Judgment against
Defendant(s) awarding the following:
a) The balance due and owing of $35,283.44 pursuant to the terms of Agreement I,
b) The balance due and owing of $22,748.47 pursuant to the terms of Agreement II,
c) For a combined total judgment in the sum of $58,031.91,
d) Court costs to the extent permitted by applicable law, and
e) Any other relief that this Honorable Court deems just and proper.
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FILED: NEW YORK COUNTY CLERK 05/08/2024 11:35 AM INDEX NO. 154256/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/08/2024
DATED: 4/29/24
________________________________________
[ ] ANNA LUISA LOISELLE, ESQ.
[ ] ROBERT ROSS, ESQ.
[ ] KEISHA SAPPHIRE HOLGATE, ESQ.
ZWICKER & ASSOCIATES, P.C.
A Law Firm Engaged in Debt Collection
285 Davidson Ave., Suite #307
Somerset, NJ 08873
855-427-7433
LITIGATIONZAPC@ZWICKERPC.COM
New York Office (per Judiciary Law § 470):
1225 FRANKLIN AVENUE, SUITE 260
GARDEN CITY, NY 11530
264279030635
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FILED: NEW YORK COUNTY CLERK 05/08/2024 11:35 AM INDEX NO. 154256/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/08/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
---------------------------------------------------------------x
AMERICAN EXPRESS NATIONAL BANK
Plaintiff/Petitioner,
- against - Index No. _____________
ALAN JIANG AKA ALAN L JIANG,
Defendant/Respondent.
---------------------------------------------------------------x
NOTICE OF ELECTRONIC FILING
(Mandatory Case)
(Uniform Rule § 202.5-bb)
You have received this Notice because:
1) The Plaintiff/Petitioner, whose name is listed above, has filed this case using the New
York State Courts E-filing system ("NYSCEF"), and
2) You are a Defendant/Respondent (a party) in this case.
● Ifyou are represented by an attorney:
Give this Notice to your attorney. (Attorneys: see "Information for Attorneys" pg. 2).
● If you are not represented by an attorney:
You will be served with all documents in paper and you must serve and file your documents
in paper, unless you choose to participate in e-filing.
If you choose to participate in e-filing, you must have access to a computer and a scanner
or other device to convert documents into electronic format, a connection to the internet,
and an e-mail address to receive service of documents.
The benefits of participating in e-filing include:
● serving and filing your documents electronically
● free access to view and print your e-filed documents
● limiting your number of trips to the courthouse
● paying any court fees on-line (credit card needed)
To register for e-filing or for more information about how e-filing works:
● visit: http://iapps.courts.state.ny.us/nyscef/UnRepresentedHome or
● contact the Clerk's Office or Help Center at the court where the case was filed. Court
contact information can be found at www.nycourts.gov
To find legal information to help you represent yourself visit www.nycourthelp.gov
Page 1 of 2 EF-1 2/24/20
264279030635
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FILED: NEW YORK COUNTY CLERK 05/08/2024 11:35 AM INDEX NO. 154256/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/08/2024
Information for Attorneys
(E-filing is Mandatory for Attorneys)
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 www.nycourts.gov/efile; or
2) file the Notice of Opt-Out form with the clerk of the court where this action is
pending and serve on all parties. 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 knowledge to operate such equipment. [Section 202.5-bb(e)]
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: nyscef@nycourts.gov).
Dated: 4/29/24 _____________________________
[ ] ANNA LUISA LOISELLE, ESQ.
[ ] ROBERT ROSS, ESQ.
[ ] KEISHA SAPPHIRE HOLGATE, ESQ.
ZWICKER & ASSOCIATES, P.C.
A Law Firm Engaged in Debt Collection
285 Davidson Ave., Suite #307
Somerset, NJ 08873
855-427-7433
LITIGATIONZAPC@ZWICKERPC.COM
New York Office (per Judiciary Law § 470):
1225 FRANKLIN AVENUE, SUITE 260
GARDEN CITY, NY 11530
To: ALAN JIANG AKA ALAN L JIANG
208 DELANCEY ST APT 1C
NEW YORK, NY 10002
Index # ______________________
Page 2 of 2 EF-1 2/24/20
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Preview
FILED: NEW YORK COUNTY CLERK 05/08/2024 11:35 AM INDEX NO. 154256/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/08/2024 CONSUMER CREDIT TRANSACTION SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK AMERICAN EXPRESS NATIONAL BANK, Index No.__________________ Plaintiff - vs. - SUMMONS ALAN JIANG AKA ALAN L JIANG, The basis of the venue designated is Defendant’s residence. 208 DELANCEY ST APT 1C Plaintiff’s address: NEW YORK, NY 10002 115 W. Towne Ridge Parkway Defendant(s) Sandy, UT 84070 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 attorneys for plaintiff within 20 days after the service of the Summons, exclusive of the days of service (or within 30 days after the service is complete if this summons is not personally delivered to you within the State of New York); and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded herein. The basis of venue is the Defendant(s) residence. DATED: 4/29/24 ________________________________________ [ ] ANNA LUISA LOISELLE, ESQ. [ ] ROBERT ROSS, ESQ. [ ] KEISHA SAPPHIRE HOLGATE, ESQ. ZWICKER & ASSOCIATES, P.C. A Law Firm Engaged in Debt Collection 285 Davidson Ave., Suite #307 Somerset, NJ 08873 855-427-7433 LITIGATIONZAPC@ZWICKERPC.COM New York Office (per Judiciary Law § 470): 1225 FRANKLIN AVENUE, SUITE 260 GARDEN CITY, NY 11530 264279030635 1 of 6 FILED: NEW YORK COUNTY CLERK 05/08/2024 11:35 AM INDEX NO. 154256/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/08/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK AMERICAN EXPRESS NATIONAL BANK, Index No.____________ Plaintiff, vs. ALAN JIANG AKA ALAN L JIANG, COMPLAINT Defendant(s). PLAINTIFF, by and through its attorneys, Zwicker & Associates P.C., complaining of Defendant(s), respectfully alleges upon information and belief: 1. Defendant(s) reside(s) and/or maintain(s) an address and/or domicile sufficient to allow this Court to maintain jurisdiction and venue of Plaintiff’s claims. 2. Defendant(s) entered into a credit agreement (hereinafter “Agreement”) with Plaintiff. COUNT I– BREACH OF CONTRACT 3. Plaintiff is a National Bank located in Utah. Plaintiff is the original creditor. 4. The last four digits of the account number that was printed on the most recent monthly statement recording a purchase transaction, last payment, or balance transfer was 3000. 5. The balance printed on the most recent monthly statement recording a purchase transaction, last payment, or balance transfer was $35,283.44. 6. The last payment, in the amount of $894.62 posted to the account on 09/21/2023. 7. Defendant(s) defaulted on the terms of the aforementioned Agreement. 8. There is now due and owing to Plaintiff from Defendant(s), as a result of the aforementioned breach of the Agreement by Defendant(s), the sum of $35,283.44. 9. The account is not charged-off. 10. The contract or other written instrument on which the action is based is attached hereto as Exhibit A. 264279030635 2 of 6 FILED: NEW YORK COUNTY CLERK 05/08/2024 11:35 AM INDEX NO. 154256/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/08/2024 COUNT II– BREACH OF CONTRACT 11. Plaintiff is a National Bank located in Utah. Plaintiff is the original creditor. 12. The last four digits of the account number that was printed on the most recent monthly statement recording a purchase transaction, last payment, or balance transfer was 3006. 13. The balance printed on the most recent monthly statement recording a purchase transaction, last payment, or balance transfer was $22,748.47. 14. The last payment, in the amount of $660.99 posted to the account on 09/21/2023. 15. Defendant(s) defaulted on the terms of the aforementioned Agreement. 16. There is now due and owing to Plaintiff from Defendant(s), as a result of the aforementioned breach of the Agreement by Defendant(s), the sum of $22,748.47. 17. The account is not charged-off. 18. The contract or other written instrument on which the action is based is attached hereto as Exhibit B. WHEREFORE, Plaintiff requests this Honorable Court to enter Judgment against Defendant(s) awarding the following: a) The balance due and owing of $35,283.44 pursuant to the terms of Agreement I, b) The balance due and owing of $22,748.47 pursuant to the terms of Agreement II, c) For a combined total judgment in the sum of $58,031.91, d) Court costs to the extent permitted by applicable law, and e) Any other relief that this Honorable Court deems just and proper. 264279030635 3 of 6 FILED: NEW YORK COUNTY CLERK 05/08/2024 11:35 AM INDEX NO. 154256/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/08/2024 DATED: 4/29/24 ________________________________________ [ ] ANNA LUISA LOISELLE, ESQ. [ ] ROBERT ROSS, ESQ. [ ] KEISHA SAPPHIRE HOLGATE, ESQ. ZWICKER & ASSOCIATES, P.C. A Law Firm Engaged in Debt Collection 285 Davidson Ave., Suite #307 Somerset, NJ 08873 855-427-7433 LITIGATIONZAPC@ZWICKERPC.COM New York Office (per Judiciary Law § 470): 1225 FRANKLIN AVENUE, SUITE 260 GARDEN CITY, NY 11530 264279030635 4 of 6 FILED: NEW YORK COUNTY CLERK 05/08/2024 11:35 AM INDEX NO. 154256/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/08/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ---------------------------------------------------------------x AMERICAN EXPRESS NATIONAL BANK Plaintiff/Petitioner, - against - Index No. _____________ ALAN JIANG AKA ALAN L JIANG, Defendant/Respondent. ---------------------------------------------------------------x NOTICE OF ELECTRONIC FILING (Mandatory Case) (Uniform Rule § 202.5-bb) You have received this Notice because: 1) The Plaintiff/Petitioner, whose name is listed above, has filed this case using the New York State Courts E-filing system ("NYSCEF"), and 2) You are a Defendant/Respondent (a party) in this case. ● Ifyou are represented by an attorney: Give this Notice to your attorney. (Attorneys: see "Information for Attorneys" pg. 2). ● If you are not represented by an attorney: You will be served with all documents in paper and you must serve and file your documents in paper, unless you choose to participate in e-filing. If you choose to participate in e-filing, you must have access to a computer and a scanner or other device to convert documents into electronic format, a connection to the internet, and an e-mail address to receive service of documents. The benefits of participating in e-filing include: ● serving and filing your documents electronically ● free access to view and print your e-filed documents ● limiting your number of trips to the courthouse ● paying any court fees on-line (credit card needed) To register for e-filing or for more information about how e-filing works: ● visit: http://iapps.courts.state.ny.us/nyscef/UnRepresentedHome or ● contact the Clerk's Office or Help Center at the court where the case was filed. Court contact information can be found at www.nycourts.gov To find legal information to help you represent yourself visit www.nycourthelp.gov Page 1 of 2 EF-1 2/24/20 264279030635 5 of 6 FILED: NEW YORK COUNTY CLERK 05/08/2024 11:35 AM INDEX NO. 154256/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/08/2024 Information for Attorneys (E-filing is Mandatory for Attorneys) 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 www.nycourts.gov/efile; or 2) file the Notice of Opt-Out form with the clerk of the court where this action is pending and serve on all parties. 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 knowledge to operate such equipment. [Section 202.5-bb(e)] 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: nyscef@nycourts.gov). Dated: 4/29/24 _____________________________ [ ] ANNA LUISA LOISELLE, ESQ. [ ] ROBERT ROSS, ESQ. [ ] KEISHA SAPPHIRE HOLGATE, ESQ. ZWICKER & ASSOCIATES, P.C. A Law Firm Engaged in Debt Collection 285 Davidson Ave., Suite #307 Somerset, NJ 08873 855-427-7433 LITIGATIONZAPC@ZWICKERPC.COM New York Office (per Judiciary Law § 470): 1225 FRANKLIN AVENUE, SUITE 260 GARDEN CITY, NY 11530 To: ALAN JIANG AKA ALAN L JIANG 208 DELANCEY ST APT 1C NEW YORK, NY 10002 Index # ______________________ Page 2 of 2 EF-1 2/24/20 264279030635 6 of 6