Preview
FILED: KINGS COUNTY CLERK 06/14/2024 03:10 PM INDEX NO. 516566/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/14/2024
CONSUMER
CREDIT TRANSACTION
SUPREMECOURTOFTHESTATEOFNEWYORK
COUNTYOF KINGS
EXPRESSNATIONALBANK
AMERICAN INDEX NO.:
Plaintiff, SUMMONS
-against- Plaintiff's Address:
115 W. Towne Ridge Parkway
MAURICEBIOLLAY Sandy, UT 84070
Defendant(s). The Basis of the venue designated is:
Residence of Defendant,
93 STERLING PL
BROOKLYN
NY 11217
Kings County
TOTHEABOVENAMEDDEFENDANT:
YOUAREHEREBYSUMMONED
to answer the complaint in this and to serve a copy of your
action,
answer, or, if the complaint is not served with this summons, to serve a notice of appearance, on the
plaintiff's attorney twenty days after the service of this
within summons, exclusive of the day of service,
or within thirty days after completion of service where service is made in any other manner than by
personal delivery within the state. In case of your failure to appear or answer, judgment will be taken
against you by default for the relief demanded in the complaint. The basis of venue is the defendant's
residence. Plaintiff designates Kings County as the place of trial.
Dated:
DOYL HOEFS,LLC
tÃael EHoefs, Esq.
Amy F. Doyle, Esq.
2043 Springwood Road
York PA 17403
(833) 247-6258
Contact@doylehoefs.com
Attorneys for Plaintiff
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SUPREMECOURTOF THE STATE OF NEWYORK
COUNTYOF KINGS
EXPRESSNATIONALBANK
AMERICAN INDEX NO.:
Plaintiff,
-against-
MAURICEBIOLLAY
Defendant(s).
COMPLAINT
Plaintiff, American Express National Bank (''Plaintiff") by its attorneys, Doyle & Hoefs, LLC, as
and for its complaint herein against defendant, Maurice Biollay ("Defendant"), hereby allege as follows:
1. At all relevant times, Plaintiff is a national bank organized under the laws of the United States,
with its headquarters located at 115 W. Towne Ridge Parkway, Sandy, UT 84070.
2. Plaintiff is the original creditor.
3. On April 1, 2018, American Express Centurion Bank changed its name to American
https://www.occ.treas.gov/topics/licensing/interpretations-and-
Express National Bank. See,
actions/2018/interpretations-and-actions-jan-2018.html. See also, 12 U.S.C. §35; 12 CFR5.24.
4. On April 1, 2018, American Express Bank, FSB merged with American Express National
Bank, with American Express National Bank as the surviving entity after the merger. See,
https://www.occ.treas.gov/topics/licensing/interpretations-and-actions/2018/interpretations-and-
actions-jan-2018.html. See also, 12 U.S.C. §1828 et seq.
5. Upon information and belief, at all relevant times Defendant was and is an individual residing in
the County of Kings in the State of NewYork.
6. Plaintiff designates Kings County as the place of trial.
7. At all relevant times Defendant was the holder of American Express cards (individually
Card(s)"
and collectively referred to as the "Credit that enabled Defendant to charge items to
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American Express credit card accounts currently ending in ***********5005, 2005, and 1002
(individually and collectively referred to as the "Account(s)").
8. At all relevant times Defendant was the holder of the Accounts, and thus is responsible for
paying all amounts charged to the Accounts.
9. By accepting and using the Credit Cards, Defendant agreed to all of the terms and conditions set
forth in the Cardmember Agreements (individually and collectively referred to as the
"Agreement(s)").
10. Plaintiff sent and Defendant received the Agreements when Defendant received the Credit Cards.
11. Defendant used the Credit Cards to charge various items to the Accounts for which payment was
not made.
12. Plaintiff sent or otherwise made available monthly statements (the "Statements") to Defendant
for the Accounts, which showed the amount due on the Accounts.
13. Defendant failed and refused to make the payments to Plaintiff as set forth in the Statements. As
a result, Plaintiff suspended the charge privileges on the Accounts of Defendant.
14. At all relevant times Defendant was the holder of a Credit Card (the "Credit Card") issued by
Plaintiff that enabled Defendant to charge items to an Account number currently ending in
***********5005.
15. The last four digits of the Account number did not change from the date of statement recording a
purchase transaction, last payment or balance transfer to the date of charge-off.
16. The last payment made by Defendant on the Account ending in ***********5005 was on or
about September 27, 2023 in the amount of 14,377.00 which was returned as declined.
17. $37,392.03 was the Account balance on the Account ending in ***********5005 printed on the
October 9, 2023 monthly statement which is the most recent monthly statement recording a purchase
transaction, last payment or balance transfer.
18. The Account ending in ***********5005 was a revolving credit account.
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19. The total amount of the debt due on the Account ending in ***********5005 at charge-off is
$35,392.03. The charge-off statement is attached hereto.
20. The total amount of interest accrued on the Account ending in ***********5005 since charge-
off is $0.00.
21. The total amount of non-interest charges or fees accrued on the Account ending in
***********5005 since charge-off is $0.00.
22. The total amount of payments and/or credits made on the Account ending in ***********5005
since charge-off is $-2,000.00.
23. The current balance as of the date of this complaint owed by Defendant to Plaintiff, with
respect to the Account ending in ***********5005, is $37,392.03.
24. At all relevant times Defendant was the holder of a Credit Card (the "Credit Card") issued by
Plaintiff that enabled Defendant to charge items to an Account number currently ending in 2005.
25. The last four digits of the Account number did not change from the date of statement recording a
purchase transaction, last payment or balance transfer to the date of charge-off.
26. The last payment made by Defendant on the Account ending in 2005 was on or about 9/21/23 in
the amount of 97.00.
27. $4,241.52 was the Account balance on the Account ending in 2005 printed on the 9/26/23
monthly statement which is the most recent monthly statement recording a purchase transaction, last
payment or balance transfer.
28. The Account ending in 2005 was a revolving credit account.
29. The total amount of the debt due on the Account ending in 2005 at charge-off is 4,764.55. The
charge-off statement is attached hereto.
30. The total amount of interest accrued on the Account ending in 2005 since charge-off is $0.00.
31. The total amount of non-interest charges or fees accrued on the Account ending in 2005 since
charge-off is $0.00.
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32. The total amount of payments and/or credits made on the Account ending in 2005 since charge-
off is $-2,000.00.
33. The current balance as of the date of this complaint owed by Defendant to Plaintiff, with
respect to the Account ending in 2005, is $4,764.55.
34. At all relevant times Defendant was the holder of a Credit Card (the "Credit Card") issued by
Plaintiff that enabled Defendant to charge items to an Account number currently ending in 1002.
35. The last four digits of the Account number did not change from the date of statement recording a
purchase transaction, last payment or balance transfer to the date of charge-off.
36. The last payment made by Defendant on the Account ending in 1002 was on or about 9/23/23 in
the amount of $26.00.
37. $1,087.27 was the Account balance on the Account ending in 1002 printed on the 10/29/24
monthly statement which is the most recent monthly statement recording a purchase transaction, last
payment or balance transfer.
38. The Account ending in 1002 was a revolving credit account.
39. The total amount of the debt due on the Account ending in 1002 at charge-off is $1,329.32. The
charge-off statement is attached hereto.
40. The total amount of interest accrued on the Account ending in 1002 since charge-off is $0.00.
41. The total amount of non-interest charges or fees accrued on the Account ending in 1002 since
charge-off is $0.00.
42. The total amount of payments and/or credits made on the Account ending in 1002 since charge-
off is $0.00.
43. The current balance as of the date of this complaint owed by Defendant to Plaintiff, with
respect to the Account ending in 1002, is $1,329.32.
ANDAS FORTHEFIRST CAUSEOFACTION - Account Ending in
***********5005
Breach of Contract
44. Plaintiff repeats and realleges each and every allegation contained in paragraphs 1 through 43 of
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this complaint as though fully set forth at length herein.
45. In violation of the Agreement requiring payment in full of the amount due on the Account
Defendant has failed and refused to make the payments to Plaintiff as set forth in the Statements. As a
result, Plaintiff suspended the charge privileges on the Account of Defendant.
46. Defendant agreed to pay for all items charged to the Account. In addition Defendant agreed to
pay Plaintiff court costs in the event Plaintiff referred the Account to outside attorneys for collection.
47. As set forth above, Defendant is currently indebted to Plaintiff for unpaid charges in the amount
of $37,392.03.
48. Despite Due demand Defendant has failed and refused to pay any portion of the amount due and
owing.
49. By reason of the foregoing, Plaintiff is entitled to judgment against Defendant for breach of
contract in the sum of $37,392.03, in addition to any court costs.
ANDAS FORA SECONDCAUSEOF ACTION- Account Ending in
***********5005
Account Stated
50. Plaintiff repeats and realleges each and every allegation contained in paragraphs 1 through 49 of
this complaint as though fully set forth at length herein.
51. Plaintiff duly issued and sent or otherwise made available to Defendant the Statements, which set
forth in detail all items charged to the Account and the total amount due and owing by Defendant to
Plaintiff on the Account.
52. Defendant received the Statements without protest and neither objected to them nor indicated
that they were erroneous in any respect. Defendant thereby acknowledged that the debt owed to Plaintiff,
as set forth in the Statements, is true and correct.
53. By reason of the foregoing, Plaintiff is entitled to judgment against Defendant for an account
stated in the sum of $37,392.03, in addition to any court costs.
ANDAS FORA THIRD CAUSEOFACTION - Account Ending in ***********5005
Unjust Enrichment
54. Plaintiff repeats and realleges each and every allegation contained in paragraphs 1 through 53 of
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this complaint as though fully set forth at length herein.
55. Defendant benefitted from all of the charges made to the Account, has acknowledged receipt of
those benefits, and has failed to pay for same.
56. Given the failure of Defendant to make payment for the outstanding balance owed with respect to
the Account, and the fact that Defendant was the beneficiary of all items charged to the Account,
Defendant would be unjustly enriched to Plaintiffs detriment unless judgment is entered for the full
balance due and owing on the Account.
57. By reason of the foregoing, Plaintiff is entitled to judgment against Defendant for unjust
enrichment in an amount to be determined at trial, in addition to any court costs.
ANDAS FORTHEFOURTH
CAUSEOFACTION - Account Ending in 2005
Breach of Contract
58. Plaintiff repeats and realleges each and every allegation contained in paragraphs 1 through 57 of
this complaint as though fully set forth at length herein.
59. In violation of the Agreement requiring payment in full of the amount due on the Account
Defendant has failed and refused to make the payments to Plaintiff as set forth in the Statements. As a
result, Plaintiff suspended the charge privileges on the Account of Defendant.
60. Defendant agreed to pay for all items charged to the Account. In addition Defendant agreed to
pay Plaintiff court costs in the event Plaintiff referred the Account to outside attorneys for collection.
61. As set forth above, Defendant is currently indebted to Plaintiff for unpaid charges in the amount
of $4,764.55.
62. Despite Due demand Defendant has failed and refused to pay any portion of the amount due and
owing.
63. By reason of the foregoing, Plaintiff is entitled to judgment against Defendant for breach of
contract in the sum of $4,764.55, in addition to any court costs.
ANDAS FORA FIFTH CAUSEOFACTION - Account Ending in 2005
Account Stated
64. Plaintiff repeats and realleges each and every allegation contained in paragraphs 1 through 63 of
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this complaint as though fully set forth at length herein.
65. Plaintiff duly issued and sent or otherwise made available to Defendant the Statements, which set
forth in detail all items charged to the Account and the total amount due and owing by Defendant to
Plaintiff on the Account.
66. Defendant received the Statements without protest and neither objected to them nor indicated
that they were erroneous in any respect. Defendant thereby acknowledged that the debt owed to Plaintiff,
as set forth in the Statements, is true and correct.
67. By reason of the foregoing, Plaintiff is entitled to judgment against Defendant for an account
stated in the sum of $4,764.55, in addition to any court costs.
ANDAS FORA SIXTH CAUSEOFACTION - Account Ending in 2005
Unjust Enrichment
68. Plaintiff repeats and realleges each and every allegation contained in paragraphs 1 through 67 of
this complaint as though fully set forth at length herein.
69. Defendant benefitted from all of the charges made to the Account, has acknowledged receipt of
those benefits, and has failed to pay for same.
70. Given the failure of Defendant to make payment for the outstanding balance owed with respect to
the Account, and the fact that Defendant was the beneficiary of all items charged to the Account,
Defendant would be unjustly enriched to Plaintiffs detriment unless judgment is entered for the full
balance due and owing on the Account.
71. By reason of the foregoing, Plaintiff is entitled to judgment against Defendant for unjust
enrichment in an amount to be determined at trial, in addition to any court costs.
ANDAS FORTHESEVENTHCAUSEOFACTION - Account Ending in 1002
Breach of Contract
72. Plaintiff repeats and realleges each and every allegation contained in paragraphs 1 through 71 of
this complaint as though fully set forth at length herein.
73. In violation of the Agreement requiring payment in full of the amount due on the Account
Defendant has failed and refused to make the payments to Plaintiff as set forth in the Statements. As a
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result, Plaintiff suspended the charge privileges on the Account of Defendant.
74. Defendant agreed to pay for all items charged to the Account. In addition Defendant agreed to
pay Plaintiff court costs in the event Plaintiff referred the Account to outside attorneys for collection.
75. As set forth above, Defendant is currently indebted to Plaintiff for unpaid charges in the amount
of $1,329.32.
76. Despite Due demand Defendant has failed and refused to pay any portion of the amount due and
owing.
to judgment against Defendant for breach of
77. By reason of the foregoing, Plaintiff is entitled
contract in the sum of $1,329.32, in addition to any court costs.
ANDAS FORANEIGHTHCAUSEOFACTION - Account Ending in 1002
Account Stated
78. Plaintiff repeats and realleges each and every allegation contained in paragraphs 1 through 77 of
this complaint as though fully set forth at length herein.
79. Plaintiff duly issued and sent or otherwise made available to Defendant the Statements, which set
forth in detail all items charged to the Account and the total amount due and owing by Defendant to
Plaintiff on the Account.
80. Defendant received the Statements without protest and neither objected to them nor indicated
that they were erroneous in any respect. Defendant thereby acknowledged that the debt owed to Plaintiff,
as set forth in the Statements, is true and correct.
81. By reason of the foregoing, Plaintiff is entitled to judgment against Defendant for an account
stated in the sum of $1,329.32, in addition to any court costs.
ANDAS FORA NINTH CAUSEOFACTION - Account Ending in 1002
Unjust Enrichment
82. Plaintiff repeats and realleges each and every allegation contained in paragraphs 1 through 81 of
this complaint as though fully set forth at length herein.
83. Defendant benefitted from all of the charges made to the Account, has acknowledged receipt of
those benefits, and has failed to pay for same.
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84. Given the failure of Defendant to make payment for the outstanding balance owed with respect to
the Account, and the fact that Defendant was the beneficiary of all items charged to the Account,
Defendant would be unjustly enriched to Plaintiffs detriment unless judgment is entered for the full
balance due and owing on the Account.
85. By reason of the foregoing, Plaintiff is entitled to judgment against Defendant for unjust
enrichment in an amount to be determined at trial, in addition to any court costs.
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amount of $43,485.90 Defendant
WHEREFORE,
Plaintiff requests judgment in aggregate against
as follows:
A. On the first cause of action of the complaint, Plaintiff requests judgment in the sum of
$37,392.03, plus court costs;
B. On the second cause of action of the complaint, Plaintiff requests judgment in the sum of
$37,392.03, plus court costs;
C. On the third cause of action of the complaint, Plaintiff requests judgment in an amount to
be determined at trial plus court costs;
D. On the fourth cause of action of the complaint, Plaintiff requests judgment in the sum of
$4,764.55, plus court costs;
E. On the fifth cause of action of the complaint, Plaintiff requests judgment in the sum of
$4,764.55, plus court costs;
F. On the sixth cause of action of the complaint, Plaintiff requests judgment in an amount to
be determined at trial plus court costs;
G. On the seventh cause of action of the complaint, Plaintiff requests judgment in the sum of
$1,329.32, plus court costs;
H. On the eighth cause of action of the complaint, Plaintiff requests judgment in the sum of
$1,329.32, plus court costs;
I. On the ninth cause of action of the complaint, Plaintiff requests judgment in an amount to
be determined at trial plus court costs;
J. For such other and further relief as this Court deemsjust and proper.
Dated: DOYLE& HOEFS,LLC
By:
Mich
,w . oefs, Esq.
my F. Doyle, Esq.
2043 Springwood Road
York PA 17403
(833) 247-6258
Attorneys for Plaintiff
This communication is from a debt collector.
Reference No.: 24026236 / 24026245 / 24026455
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SUPREMECOURTOFTHESTATE OF NEWYORK
COUNTYOF KINGS
AMERICANEXPRESSNATIONALBANK
Plaintiff/Petitioner,
-against- Index No.:
MAURICEBIOLLAY
Defendant(s).
NOTICEOF 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.
e Ifyou are represented by an attorney:
Attorneys"
Give this Notice to your attorney. (Attorneys: see "Information for pg. 2).
a Ifyou 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:
e serving and filing your documents electronically
e free access to view and print your e-filed documents
e 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:www.nycourts.gov/efile-unrepresented or
a 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
Information for Attorneys
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(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
website 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 Exemptions from mandatory e-filing are limited to
all parties.
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 filingand to create a NYSCEFaccount, visit the
NYSCEFwebsite at www.nycourts.gov/efile or contact the NYSCEFResource Center
(phone: 646-386-3033; e-mail: nyscef@nycourts.gov).
Dated:
/s/ Amy F. Doyle, Esq.
Name 2043 SPRINGWOOD
RD
DOYLE& HOEFS, LLC YORK, PA 17403
Firm Name Address
833-247-6258
Phone
COURTS@DOYLEHOEFS.COM
E-Mail
To: MAURICEBIOLLAY
93 STERLINGPL
BROOKLYNNY 11217
Reference No.: 24026236
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Preview
FILED: KINGS COUNTY CLERK 06/14/2024 03:10 PM INDEX NO. 516566/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/14/2024 CONSUMER CREDIT TRANSACTION SUPREMECOURTOFTHESTATEOFNEWYORK COUNTYOF KINGS EXPRESSNATIONALBANK AMERICAN INDEX NO.: Plaintiff, SUMMONS -against- Plaintiff's Address: 115 W. Towne Ridge Parkway MAURICEBIOLLAY Sandy, UT 84070 Defendant(s). The Basis of the venue designated is: Residence of Defendant, 93 STERLING PL BROOKLYN NY 11217 Kings County TOTHEABOVENAMEDDEFENDANT: YOUAREHEREBYSUMMONED to answer the complaint in this and to serve a copy of your action, answer, or, if the complaint is not served with this summons, to serve a notice of appearance, on the plaintiff's attorney twenty days after the service of this within summons, exclusive of the day of service, or within thirty days after completion of service where service is made in any other manner than by personal delivery within the state. In case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. The basis of venue is the defendant's residence. Plaintiff designates Kings County as the place of trial. Dated: DOYL HOEFS,LLC tÃael EHoefs, Esq. Amy F. Doyle, Esq. 2043 Springwood Road York PA 17403 (833) 247-6258 Contact@doylehoefs.com Attorneys for Plaintiff EFM-1 1 of 13 FILED: KINGS COUNTY CLERK 06/14/2024 03:10 PM INDEX NO. 516566/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/14/2024 SUPREMECOURTOF THE STATE OF NEWYORK COUNTYOF KINGS EXPRESSNATIONALBANK AMERICAN INDEX NO.: Plaintiff, -against- MAURICEBIOLLAY Defendant(s). COMPLAINT Plaintiff, American Express National Bank (''Plaintiff") by its attorneys, Doyle & Hoefs, LLC, as and for its complaint herein against defendant, Maurice Biollay ("Defendant"), hereby allege as follows: 1. At all relevant times, Plaintiff is a national bank organized under the laws of the United States, with its headquarters located at 115 W. Towne Ridge Parkway, Sandy, UT 84070. 2. Plaintiff is the original creditor. 3. On April 1, 2018, American Express Centurion Bank changed its name to American https://www.occ.treas.gov/topics/licensing/interpretations-and- Express National Bank. See, actions/2018/interpretations-and-actions-jan-2018.html. See also, 12 U.S.C. §35; 12 CFR5.24. 4. On April 1, 2018, American Express Bank, FSB merged with American Express National Bank, with American Express National Bank as the surviving entity after the merger. See, https://www.occ.treas.gov/topics/licensing/interpretations-and-actions/2018/interpretations-and- actions-jan-2018.html. See also, 12 U.S.C. §1828 et seq. 5. Upon information and belief, at all relevant times Defendant was and is an individual residing in the County of Kings in the State of NewYork. 6. Plaintiff designates Kings County as the place of trial. 7. At all relevant times Defendant was the holder of American Express cards (individually Card(s)" and collectively referred to as the "Credit that enabled Defendant to charge items to 2 of 13 FILED: KINGS COUNTY CLERK 06/14/2024 03:10 PM INDEX NO. 516566/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/14/2024 American Express credit card accounts currently ending in ***********5005, 2005, and 1002 (individually and collectively referred to as the "Account(s)"). 8. At all relevant times Defendant was the holder of the Accounts, and thus is responsible for paying all amounts charged to the Accounts. 9. By accepting and using the Credit Cards, Defendant agreed to all of the terms and conditions set forth in the Cardmember Agreements (individually and collectively referred to as the "Agreement(s)"). 10. Plaintiff sent and Defendant received the Agreements when Defendant received the Credit Cards. 11. Defendant used the Credit Cards to charge various items to the Accounts for which payment was not made. 12. Plaintiff sent or otherwise made available monthly statements (the "Statements") to Defendant for the Accounts, which showed the amount due on the Accounts. 13. Defendant failed and refused to make the payments to Plaintiff as set forth in the Statements. As a result, Plaintiff suspended the charge privileges on the Accounts of Defendant. 14. At all relevant times Defendant was the holder of a Credit Card (the "Credit Card") issued by Plaintiff that enabled Defendant to charge items to an Account number currently ending in ***********5005. 15. The last four digits of the Account number did not change from the date of statement recording a purchase transaction, last payment or balance transfer to the date of charge-off. 16. The last payment made by Defendant on the Account ending in ***********5005 was on or about September 27, 2023 in the amount of 14,377.00 which was returned as declined. 17. $37,392.03 was the Account balance on the Account ending in ***********5005 printed on the October 9, 2023 monthly statement which is the most recent monthly statement recording a purchase transaction, last payment or balance transfer. 18. The Account ending in ***********5005 was a revolving credit account. 3 of 13 FILED: KINGS COUNTY CLERK 06/14/2024 03:10 PM INDEX NO. 516566/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/14/2024 19. The total amount of the debt due on the Account ending in ***********5005 at charge-off is $35,392.03. The charge-off statement is attached hereto. 20. The total amount of interest accrued on the Account ending in ***********5005 since charge- off is $0.00. 21. The total amount of non-interest charges or fees accrued on the Account ending in ***********5005 since charge-off is $0.00. 22. The total amount of payments and/or credits made on the Account ending in ***********5005 since charge-off is $-2,000.00. 23. The current balance as of the date of this complaint owed by Defendant to Plaintiff, with respect to the Account ending in ***********5005, is $37,392.03. 24. At all relevant times Defendant was the holder of a Credit Card (the "Credit Card") issued by Plaintiff that enabled Defendant to charge items to an Account number currently ending in 2005. 25. The last four digits of the Account number did not change from the date of statement recording a purchase transaction, last payment or balance transfer to the date of charge-off. 26. The last payment made by Defendant on the Account ending in 2005 was on or about 9/21/23 in the amount of 97.00. 27. $4,241.52 was the Account balance on the Account ending in 2005 printed on the 9/26/23 monthly statement which is the most recent monthly statement recording a purchase transaction, last payment or balance transfer. 28. The Account ending in 2005 was a revolving credit account. 29. The total amount of the debt due on the Account ending in 2005 at charge-off is 4,764.55. The charge-off statement is attached hereto. 30. The total amount of interest accrued on the Account ending in 2005 since charge-off is $0.00. 31. The total amount of non-interest charges or fees accrued on the Account ending in 2005 since charge-off is $0.00. 4 of 13 FILED: KINGS COUNTY CLERK 06/14/2024 03:10 PM INDEX NO. 516566/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/14/2024 32. The total amount of payments and/or credits made on the Account ending in 2005 since charge- off is $-2,000.00. 33. The current balance as of the date of this complaint owed by Defendant to Plaintiff, with respect to the Account ending in 2005, is $4,764.55. 34. At all relevant times Defendant was the holder of a Credit Card (the "Credit Card") issued by Plaintiff that enabled Defendant to charge items to an Account number currently ending in 1002. 35. The last four digits of the Account number did not change from the date of statement recording a purchase transaction, last payment or balance transfer to the date of charge-off. 36. The last payment made by Defendant on the Account ending in 1002 was on or about 9/23/23 in the amount of $26.00. 37. $1,087.27 was the Account balance on the Account ending in 1002 printed on the 10/29/24 monthly statement which is the most recent monthly statement recording a purchase transaction, last payment or balance transfer. 38. The Account ending in 1002 was a revolving credit account. 39. The total amount of the debt due on the Account ending in 1002 at charge-off is $1,329.32. The charge-off statement is attached hereto. 40. The total amount of interest accrued on the Account ending in 1002 since charge-off is $0.00. 41. The total amount of non-interest charges or fees accrued on the Account ending in 1002 since charge-off is $0.00. 42. The total amount of payments and/or credits made on the Account ending in 1002 since charge- off is $0.00. 43. The current balance as of the date of this complaint owed by Defendant to Plaintiff, with respect to the Account ending in 1002, is $1,329.32. ANDAS FORTHEFIRST CAUSEOFACTION - Account Ending in ***********5005 Breach of Contract 44. Plaintiff repeats and realleges each and every allegation contained in paragraphs 1 through 43 of 5 of 13 FILED: KINGS COUNTY CLERK 06/14/2024 03:10 PM INDEX NO. 516566/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/14/2024 this complaint as though fully set forth at length herein. 45. In violation of the Agreement requiring payment in full of the amount due on the Account Defendant has failed and refused to make the payments to Plaintiff as set forth in the Statements. As a result, Plaintiff suspended the charge privileges on the Account of Defendant. 46. Defendant agreed to pay for all items charged to the Account. In addition Defendant agreed to pay Plaintiff court costs in the event Plaintiff referred the Account to outside attorneys for collection. 47. As set forth above, Defendant is currently indebted to Plaintiff for unpaid charges in the amount of $37,392.03. 48. Despite Due demand Defendant has failed and refused to pay any portion of the amount due and owing. 49. By reason of the foregoing, Plaintiff is entitled to judgment against Defendant for breach of contract in the sum of $37,392.03, in addition to any court costs. ANDAS FORA SECONDCAUSEOF ACTION- Account Ending in ***********5005 Account Stated 50. Plaintiff repeats and realleges each and every allegation contained in paragraphs 1 through 49 of this complaint as though fully set forth at length herein. 51. Plaintiff duly issued and sent or otherwise made available to Defendant the Statements, which set forth in detail all items charged to the Account and the total amount due and owing by Defendant to Plaintiff on the Account. 52. Defendant received the Statements without protest and neither objected to them nor indicated that they were erroneous in any respect. Defendant thereby acknowledged that the debt owed to Plaintiff, as set forth in the Statements, is true and correct. 53. By reason of the foregoing, Plaintiff is entitled to judgment against Defendant for an account stated in the sum of $37,392.03, in addition to any court costs. ANDAS FORA THIRD CAUSEOFACTION - Account Ending in ***********5005 Unjust Enrichment 54. Plaintiff repeats and realleges each and every allegation contained in paragraphs 1 through 53 of 6 of 13 FILED: KINGS COUNTY CLERK 06/14/2024 03:10 PM INDEX NO. 516566/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/14/2024 this complaint as though fully set forth at length herein. 55. Defendant benefitted from all of the charges made to the Account, has acknowledged receipt of those benefits, and has failed to pay for same. 56. Given the failure of Defendant to make payment for the outstanding balance owed with respect to the Account, and the fact that Defendant was the beneficiary of all items charged to the Account, Defendant would be unjustly enriched to Plaintiffs detriment unless judgment is entered for the full balance due and owing on the Account. 57. By reason of the foregoing, Plaintiff is entitled to judgment against Defendant for unjust enrichment in an amount to be determined at trial, in addition to any court costs. ANDAS FORTHEFOURTH CAUSEOFACTION - Account Ending in 2005 Breach of Contract 58. Plaintiff repeats and realleges each and every allegation contained in paragraphs 1 through 57 of this complaint as though fully set forth at length herein. 59. In violation of the Agreement requiring payment in full of the amount due on the Account Defendant has failed and refused to make the payments to Plaintiff as set forth in the Statements. As a result, Plaintiff suspended the charge privileges on the Account of Defendant. 60. Defendant agreed to pay for all items charged to the Account. In addition Defendant agreed to pay Plaintiff court costs in the event Plaintiff referred the Account to outside attorneys for collection. 61. As set forth above, Defendant is currently indebted to Plaintiff for unpaid charges in the amount of $4,764.55. 62. Despite Due demand Defendant has failed and refused to pay any portion of the amount due and owing. 63. By reason of the foregoing, Plaintiff is entitled to judgment against Defendant for breach of contract in the sum of $4,764.55, in addition to any court costs. ANDAS FORA FIFTH CAUSEOFACTION - Account Ending in 2005 Account Stated 64. Plaintiff repeats and realleges each and every allegation contained in paragraphs 1 through 63 of 7 of 13 FILED: KINGS COUNTY CLERK 06/14/2024 03:10 PM INDEX NO. 516566/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/14/2024 this complaint as though fully set forth at length herein. 65. Plaintiff duly issued and sent or otherwise made available to Defendant the Statements, which set forth in detail all items charged to the Account and the total amount due and owing by Defendant to Plaintiff on the Account. 66. Defendant received the Statements without protest and neither objected to them nor indicated that they were erroneous in any respect. Defendant thereby acknowledged that the debt owed to Plaintiff, as set forth in the Statements, is true and correct. 67. By reason of the foregoing, Plaintiff is entitled to judgment against Defendant for an account stated in the sum of $4,764.55, in addition to any court costs. ANDAS FORA SIXTH CAUSEOFACTION - Account Ending in 2005 Unjust Enrichment 68. Plaintiff repeats and realleges each and every allegation contained in paragraphs 1 through 67 of this complaint as though fully set forth at length herein. 69. Defendant benefitted from all of the charges made to the Account, has acknowledged receipt of those benefits, and has failed to pay for same. 70. Given the failure of Defendant to make payment for the outstanding balance owed with respect to the Account, and the fact that Defendant was the beneficiary of all items charged to the Account, Defendant would be unjustly enriched to Plaintiffs detriment unless judgment is entered for the full balance due and owing on the Account. 71. By reason of the foregoing, Plaintiff is entitled to judgment against Defendant for unjust enrichment in an amount to be determined at trial, in addition to any court costs. ANDAS FORTHESEVENTHCAUSEOFACTION - Account Ending in 1002 Breach of Contract 72. Plaintiff repeats and realleges each and every allegation contained in paragraphs 1 through 71 of this complaint as though fully set forth at length herein. 73. In violation of the Agreement requiring payment in full of the amount due on the Account Defendant has failed and refused to make the payments to Plaintiff as set forth in the Statements. As a 8 of 13 FILED: KINGS COUNTY CLERK 06/14/2024 03:10 PM INDEX NO. 516566/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/14/2024 result, Plaintiff suspended the charge privileges on the Account of Defendant. 74. Defendant agreed to pay for all items charged to the Account. In addition Defendant agreed to pay Plaintiff court costs in the event Plaintiff referred the Account to outside attorneys for collection. 75. As set forth above, Defendant is currently indebted to Plaintiff for unpaid charges in the amount of $1,329.32. 76. Despite Due demand Defendant has failed and refused to pay any portion of the amount due and owing. to judgment against Defendant for breach of 77. By reason of the foregoing, Plaintiff is entitled contract in the sum of $1,329.32, in addition to any court costs. ANDAS FORANEIGHTHCAUSEOFACTION - Account Ending in 1002 Account Stated 78. Plaintiff repeats and realleges each and every allegation contained in paragraphs 1 through 77 of this complaint as though fully set forth at length herein. 79. Plaintiff duly issued and sent or otherwise made available to Defendant the Statements, which set forth in detail all items charged to the Account and the total amount due and owing by Defendant to Plaintiff on the Account. 80. Defendant received the Statements without protest and neither objected to them nor indicated that they were erroneous in any respect. Defendant thereby acknowledged that the debt owed to Plaintiff, as set forth in the Statements, is true and correct. 81. By reason of the foregoing, Plaintiff is entitled to judgment against Defendant for an account stated in the sum of $1,329.32, in addition to any court costs. ANDAS FORA NINTH CAUSEOFACTION - Account Ending in 1002 Unjust Enrichment 82. Plaintiff repeats and realleges each and every allegation contained in paragraphs 1 through 81 of this complaint as though fully set forth at length herein. 83. Defendant benefitted from all of the charges made to the Account, has acknowledged receipt of those benefits, and has failed to pay for same. 9 of 13 FILED: KINGS COUNTY CLERK 06/14/2024 03:10 PM INDEX NO. 516566/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/14/2024 84. Given the failure of Defendant to make payment for the outstanding balance owed with respect to the Account, and the fact that Defendant was the beneficiary of all items charged to the Account, Defendant would be unjustly enriched to Plaintiffs detriment unless judgment is entered for the full balance due and owing on the Account. 85. By reason of the foregoing, Plaintiff is entitled to judgment against Defendant for unjust enrichment in an amount to be determined at trial, in addition to any court costs. 10 of 13 FILED: KINGS COUNTY CLERK 06/14/2024 03:10 PM INDEX NO. 516566/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/14/2024 amount of $43,485.90 Defendant WHEREFORE, Plaintiff requests judgment in aggregate against as follows: A. On the first cause of action of the complaint, Plaintiff requests judgment in the sum of $37,392.03, plus court costs; B. On the second cause of action of the complaint, Plaintiff requests judgment in the sum of $37,392.03, plus court costs; C. On the third cause of action of the complaint, Plaintiff requests judgment in an amount to be determined at trial plus court costs; D. On the fourth cause of action of the complaint, Plaintiff requests judgment in the sum of $4,764.55, plus court costs; E. On the fifth cause of action of the complaint, Plaintiff requests judgment in the sum of $4,764.55, plus court costs; F. On the sixth cause of action of the complaint, Plaintiff requests judgment in an amount to be determined at trial plus court costs; G. On the seventh cause of action of the complaint, Plaintiff requests judgment in the sum of $1,329.32, plus court costs; H. On the eighth cause of action of the complaint, Plaintiff requests judgment in the sum of $1,329.32, plus court costs; I. On the ninth cause of action of the complaint, Plaintiff requests judgment in an amount to be determined at trial plus court costs; J. For such other and further relief as this Court deemsjust and proper. Dated: DOYLE& HOEFS,LLC By: Mich ,w . oefs, Esq. my F. Doyle, Esq. 2043 Springwood Road York PA 17403 (833) 247-6258 Attorneys for Plaintiff This communication is from a debt collector. Reference No.: 24026236 / 24026245 / 24026455 11 of 13 FILED: KINGS COUNTY CLERK 06/14/2024 03:10 PM INDEX NO. 516566/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/14/2024 SUPREMECOURTOFTHESTATE OF NEWYORK COUNTYOF KINGS AMERICANEXPRESSNATIONALBANK Plaintiff/Petitioner, -against- Index No.: MAURICEBIOLLAY Defendant(s). NOTICEOF 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. e Ifyou are represented by an attorney: Attorneys" Give this Notice to your attorney. (Attorneys: see "Information for pg. 2). a Ifyou 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: e serving and filing your documents electronically e free access to view and print your e-filed documents e 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:www.nycourts.gov/efile-unrepresented or a 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 Information for Attorneys EFM-1 12 of 13 FILED: KINGS COUNTY CLERK 06/14/2024 03:10 PM INDEX NO. 516566/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/14/2024 (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 website 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 Exemptions from mandatory e-filing are limited to all parties. 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 filingand to create a NYSCEFaccount, visit the NYSCEFwebsite at www.nycourts.gov/efile or contact the NYSCEFResource Center (phone: 646-386-3033; e-mail: nyscef@nycourts.gov). Dated: /s/ Amy F. Doyle, Esq. Name 2043 SPRINGWOOD RD DOYLE& HOEFS, LLC YORK, PA 17403 Firm Name Address 833-247-6258 Phone COURTS@DOYLEHOEFS.COM E-Mail To: MAURICEBIOLLAY 93 STERLINGPL BROOKLYNNY 11217 Reference No.: 24026236 EFM-1 13 of 13