On June 04, 2024 a
Summons
was filed
involving a dispute between
Lvnv Funding Llc,
and
Jean L Dalton,
for Other Matters - Consumer Credit (Card) Debt Buyer Plaintiff
in the District Court of Westchester County.
Preview
FILED: WESTCHESTER COUNTY CLERK 06/04/2024 10:34 AM INDEX NO. 63418/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/04/2024
File # D219813
CONSUMER CREDIT TRANSACTION
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
---------------------------------
LVNV FUNDING LLC
Plaintiff, Index No.
-against- SUMMONS
JEAN L DALTON
Plaintiff's Residence Address
355 S MAIN STREET SUITE 300-D
GREENVILLE SC 29601
Defendant(s).
The Basis of this venue
designated is:
Defendant's residence
---------------------------------
Defendant's Residence Address:
426 LARCHMONT ACRES APT B
LARCHMONT, NY 10538-7329
YOU ARE HEREBY SUMMONED to answer the complaint in this
action and to serve a copy of your answer, or, if the complaint
is not served with this summons, to serve a notice of appearance
on the plaintiff's attorney within twenty (20) days after the
service of this summons exclusive of the days of service (or
within thirty (30) days after the service is complete if this
summons is not personally delivered to you within the State of
New York).
You are hereby notified that should you fail to appear or
answer, judgment will be taken against you by default for the
relief demanded in the complaint.
Dated: 05/29/2024 PRESSLER, FELT & WARSHAW, LLP
Attorneys for Plaintiff
305 Broadway Suite 505
New York, NY 10007
(888)312-8600
[X] By:
____________________________
Ryan R. Tappan , Esq.
[ ] By:____________________________
Ian Z. Winograd Esq.
[ ] By:____________________________
David B. Warshaw Esq.
[ ] By:____________________________
Craig S. Stiller Esq.
[ ] By:____________________________
Howard Schachter Esq.
[ ] By:____________________________
Renuka Vipat Esq.
1 of 4
FILED: WESTCHESTER COUNTY CLERK 06/04/2024 10:34 AM INDEX NO. 63418/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/04/2024
File # D219813
SUPREME COURT OF THE STATE OF NEW YORK - COUNTY OF WESTCHESTER
----------------------------------
LVNV FUNDING LLC
Plaintiff(s) Index No.
-against- COMPLAINT
JEAN L DALTON
Defendant(s)
----------------------------------
Plaintiff through its attorney, Pressler, Felt & Warshaw, LLP
complains of the Defendant(s) and alleges upon information and
belief as follows:
FACTS COMMON TO ALL COUNTS
1. LVNV FUNDING LLC (hereinafter "Plaintiff") is a limited
liability company formed under the the laws of the State of
Delaware.
2. JEAN L DALTON (hereinafter "Defendant") resides within the
jurisdictional limits of this Court.
3. Plaintiff is the current owner of the obligation sued upon,
and was assigned all the rights, title and interest to
Defendant's CITIBANK, N.A. account number ending in 1560
(hereinafter "the Account").
4. The Plaintiff is not the original creditor. The Account
originated with CITIBANK, N.A. The name of the entity that owned
the Account at the date of default giving rise to a cause of
action is CITIBANK, N.A. The chain of title including CITIBANK,
N.A. and all post default owners of the debt are as follows:
a. CITIBANK, N.A. to RESURGENT ACQUISITIONS LLC on
12/22/23 with an amount due at the time of sale or
assignment in the amount of $2,235.02.
b. RESURGENT ACQUISITIONS LLC to LVNV FUNDING LLC on
12/22/23.
2 of 4
FILED: WESTCHESTER COUNTY CLERK 06/04/2024 10:34 AM INDEX NO. 63418/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/04/2024
FIRST CAUSE OF ACTION
5. Plaintiff repeats and incorporates the allegations set forth
in FACTS COMMON TO ALL COUNTS as if set forth at length herein.
6. Plaintiff alleges that Defendant is the responsible person for
this Account.
7. Upon information and belief, the statute of limitations for
the cause of action asserted herein is 3 years and therefore has
not expired.
8. Attached is a copy of the written instrument on which this
action is based.
9. The Account balance printed on the most recent monthly
statement recording a purchase transaction, last payment or
balance transfer is $1,683.12.
10. The last payment to the Account was on or about 09/08/21 in
the amount of $55.00.
11. By use of the Account, Defendant agreed to pay all the
amounts due on the Account.
12. The amount due is $2,235.02, which is itemized as follows:
a. The total amount of the debt due as of charge-off:
$2,235.02.
b. The total amount of interest accrued since charge-off:
$0.00.
c. The total amount of non-interest charges or fees
accrued since charge-off: $0.00.
d. The total amount of payments and/or credits made on
the debt since charge-off:$0.00
13. There is now due and owing the Plaintiff, as the assignee of
the Account, from Defendant, the sum of $2,235.02.
3 of 4
FILED: WESTCHESTER COUNTY CLERK 06/04/2024 10:34 AM INDEX NO. 63418/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/04/2024
WHEREFORE, Plaintiff demands judgment against JEAN L DALTON
for the sum of $2,235.02 plus costs and disbursements of this
action and for such further and other relief as the Court deems
just and proper.
Dated: 05/29/2024 PRESSLER, FELT & WARSHAW, LLP
Attorneys for Plaintiff
305 Broadway Suite 505
New York, NY 10007
(888)312-8600
[X] By:
____________________________
Ryan R. Tappan , Esq.
[ ] By:____________________________
Ian Z. Winograd Esq.
[ ] By:____________________________
David B. Warshaw Esq.
[ ] By:____________________________
Craig S. Stiller Esq.
[ ] By:____________________________
Howard Schachter Esq.
[ ] By:____________________________
Renuka Vipat Esq.
THIS COMMUNICATION IS FROM A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A
DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
4 of 4
Document Filed Date
June 04, 2024
Case Filing Date
June 04, 2024
Category
Other Matters - Consumer Credit (Card) Debt Buyer Plaintiff
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Preview
FILED: WESTCHESTER COUNTY CLERK 06/04/2024 10:34 AM INDEX NO. 63418/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/04/2024 File # D219813 CONSUMER CREDIT TRANSACTION SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER --------------------------------- LVNV FUNDING LLC Plaintiff, Index No. -against- SUMMONS JEAN L DALTON Plaintiff's Residence Address 355 S MAIN STREET SUITE 300-D GREENVILLE SC 29601 Defendant(s). The Basis of this venue designated is: Defendant's residence --------------------------------- Defendant's Residence Address: 426 LARCHMONT ACRES APT B LARCHMONT, NY 10538-7329 YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of appearance on the plaintiff's attorney within twenty (20) days after the service of this summons exclusive of the days of service (or within thirty (30) days after the service is complete if this summons is not personally delivered to you within the State of New York). You are hereby notified that should you fail to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. Dated: 05/29/2024 PRESSLER, FELT & WARSHAW, LLP Attorneys for Plaintiff 305 Broadway Suite 505 New York, NY 10007 (888)312-8600 [X] By: ____________________________ Ryan R. Tappan , Esq. [ ] By:____________________________ Ian Z. Winograd Esq. [ ] By:____________________________ David B. Warshaw Esq. [ ] By:____________________________ Craig S. Stiller Esq. [ ] By:____________________________ Howard Schachter Esq. [ ] By:____________________________ Renuka Vipat Esq. 1 of 4 FILED: WESTCHESTER COUNTY CLERK 06/04/2024 10:34 AM INDEX NO. 63418/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/04/2024 File # D219813 SUPREME COURT OF THE STATE OF NEW YORK - COUNTY OF WESTCHESTER ---------------------------------- LVNV FUNDING LLC Plaintiff(s) Index No. -against- COMPLAINT JEAN L DALTON Defendant(s) ---------------------------------- Plaintiff through its attorney, Pressler, Felt & Warshaw, LLP complains of the Defendant(s) and alleges upon information and belief as follows: FACTS COMMON TO ALL COUNTS 1. LVNV FUNDING LLC (hereinafter "Plaintiff") is a limited liability company formed under the the laws of the State of Delaware. 2. JEAN L DALTON (hereinafter "Defendant") resides within the jurisdictional limits of this Court. 3. Plaintiff is the current owner of the obligation sued upon, and was assigned all the rights, title and interest to Defendant's CITIBANK, N.A. account number ending in 1560 (hereinafter "the Account"). 4. The Plaintiff is not the original creditor. The Account originated with CITIBANK, N.A. The name of the entity that owned the Account at the date of default giving rise to a cause of action is CITIBANK, N.A. The chain of title including CITIBANK, N.A. and all post default owners of the debt are as follows: a. CITIBANK, N.A. to RESURGENT ACQUISITIONS LLC on 12/22/23 with an amount due at the time of sale or assignment in the amount of $2,235.02. b. RESURGENT ACQUISITIONS LLC to LVNV FUNDING LLC on 12/22/23. 2 of 4 FILED: WESTCHESTER COUNTY CLERK 06/04/2024 10:34 AM INDEX NO. 63418/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/04/2024 FIRST CAUSE OF ACTION 5. Plaintiff repeats and incorporates the allegations set forth in FACTS COMMON TO ALL COUNTS as if set forth at length herein. 6. Plaintiff alleges that Defendant is the responsible person for this Account. 7. Upon information and belief, the statute of limitations for the cause of action asserted herein is 3 years and therefore has not expired. 8. Attached is a copy of the written instrument on which this action is based. 9. The Account balance printed on the most recent monthly statement recording a purchase transaction, last payment or balance transfer is $1,683.12. 10. The last payment to the Account was on or about 09/08/21 in the amount of $55.00. 11. By use of the Account, Defendant agreed to pay all the amounts due on the Account. 12. The amount due is $2,235.02, which is itemized as follows: a. The total amount of the debt due as of charge-off: $2,235.02. b. The total amount of interest accrued since charge-off: $0.00. c. The total amount of non-interest charges or fees accrued since charge-off: $0.00. d. The total amount of payments and/or credits made on the debt since charge-off:$0.00 13. There is now due and owing the Plaintiff, as the assignee of the Account, from Defendant, the sum of $2,235.02. 3 of 4 FILED: WESTCHESTER COUNTY CLERK 06/04/2024 10:34 AM INDEX NO. 63418/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/04/2024 WHEREFORE, Plaintiff demands judgment against JEAN L DALTON for the sum of $2,235.02 plus costs and disbursements of this action and for such further and other relief as the Court deems just and proper. Dated: 05/29/2024 PRESSLER, FELT & WARSHAW, LLP Attorneys for Plaintiff 305 Broadway Suite 505 New York, NY 10007 (888)312-8600 [X] By: ____________________________ Ryan R. Tappan , Esq. [ ] By:____________________________ Ian Z. Winograd Esq. [ ] By:____________________________ David B. Warshaw Esq. [ ] By:____________________________ Craig S. Stiller Esq. [ ] By:____________________________ Howard Schachter Esq. [ ] By:____________________________ Renuka Vipat Esq. THIS COMMUNICATION IS FROM A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 4 of 4