Preview
PK 09° AM INDEX NO. 72764/2023
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 05/01/2024
SUPREME COURT OF THE STATE OF NEW YORK Index No: 72764/2023
County of WESTCHESTER Account No:
woe - noo eee eeee-e- === ee == += Our File No.: 0808M 419517
CAPITAL ONE, N.A.
JUDGMENT
Plaintiff,
-against- Plaintiff's Address:
ALISA BUKHVALOVA 15000 Capital One Drive
Richmond, VA 23238
Defendant
(s)
-x
Amount Claimed in Complaint (less credits of $ .00 ).$ 11336.95
Attorney Fees (Waived in the amount of $ 00 $ -00
Interest from Date of Complaint (Waived bene $ -00
TOTAL. .... dete e eee eeeeee detec eee eect eeee 11336.95
Costs by Statute........ peeeeee + vee sees -00
Service of Summons and Complaint. see 25.00
Filing of Summons and Complaint...... se eeee cere e$ 140.00
Prospective Execution Fees............. bee e reece ee df 00
Military Service Affidavit............. 00
TOTAL COSTS........... . + . . . $ 165.00
TOTAL JUDGMENT AMOUNT. oe wee ..§ 11501.95
ATTORNEY'S AFFIRMATION-STATE oF NEW YORK -COUNTY OF NASSAU
The undersigned Attorney at Law of New York State, affirms the following to be
true under the penalties of perjury:
The Defendant(s) have failed to answer or appear and the time to
do so having expired, Plaintiff is entitled to judgment by default. The
disbursements herein specified have been or will necessarily be incurred and are
reasonable in amount. Pursuant to affidavits of service on file herein, deponent
alleges that Defendant(s) are not in the military service.
A copy of the summons was mailed to Defendant(s) by first class mail
postage paid (CPLR 3215) on 03/04/24 which is at least 20 days prior to the
entry of the judgment. The summons was sent to Defendant(s) place of residence
in an envelope bearing the legend "personal & confidential" and pot indicating
on the outside of the envelope that the communication was fxg an attorney
or that it concerned an alleged debt.
Dated: 04/09/24 = a2 LL.
Kda ho as Templeton, D a Arrick
JUDGMENT rendered in favor of Plaintiff: (
CAPITAL ONE, N.A.
15000 Capital One Drive
Richmond, VA 23238
against the following Defendant (s):
ALISA BUKHVALOVA 445 GRAMATAN AVE APT GB2 MOUNT VERNON NY 10552
for the sum of $11337.0 with interest of $ .00 , making a total of $11337.0 together
with $ 165.00 costs and disbursements, amounting in all to the sum of § 11501.95 , and it
is adjudged that Plaintiff have execution therefore. Ma 1st 2024
l I IMME Il Il I ll Il
Dated:
Ii | i | | ll I il I
f_
cH
Malen & Associates, p.c. 123 Frost Street, Suite 203, Westbury, NY 1590 (516) 334-3500
This is an attempt to collect a debt, any information obtained shall be used for
that purpose. We are a Debt Collector.
1 of 11
PK 09° AM INDEX NO. 72764/2023
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 05/01/2024
SUPREME COURT OF THE STATE OF NEW YORK Index No: 72764/2023
County of WESTCHESTER
--- ---x Our File No.: 0808M 419517
CAPITAL ONE, N.A.
Plaintiff;
-against-
ALISA BUKHVALOVA
Defendant(s)
-------------------------------------------
AFFIRMATION OF CERTIFIED COPY OF AFFIDAVIT OF FACTS
The undersigned under penalties of perjury affirms the following:
1. I am an attorney associated with the law firm of Malen & Associates, p.c.
attorneys for the plaintiff and I am familiar with the facts contained herein.
2. I make this affirmation in support of plaintiff's entry of a Judgment.
3. I hereby certify that the annexed affidavit of facts is a copy of the
original affidavit of facts which our office received from Plaintiff.
4. Upon receipt of the original affidavit of facts it is scanned into our
imaging database. The document annexed hereto was printed from the
imaging database and is an exact copy of the original affidavit.
5. Our office is scanning all documents received as its normal business
practice into our "worm" database and is deemed a business record.
WHEREFORE, plaintiff respectfully requests this Court accept the annexed
affidavit of facts as a certified copy of the original.
Dated: Apr 9, 2024
aes
Attorney
123 Frost
for
Street
icholas
ates,
Plaintiff
p.c.
T leton, Dana Arrick
Westbury, NY 11590
(516) 334-3500
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INDEX NO. 72764/2023
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 05/01/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
eee oo --------------------- ------------------ 2-2 ------- ) AFFIDAVIT FOR
CAPITAL ONE, N.A. Plaintiff ) DEFAULT JUDGMENT
against Index No: 72764/2023
ALISA BUKHVALOVA
Our File No:
) 0808M 419517
Defendant (s)
o---------------------------------------------------------
judgcovshtaff
3 of 11
D OUN PK 09 AM INDEX NO. 72764/2023
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 05/01/2024
nycourts.gov
New York State Unified Court System oh
UCS-CCR3 (05/2022)
“Affidavit of Facts Page 1
by Original Creditor nycourthelp.gov
The undersigned, being duly swom, deposes and says
4. |, Marva Hinton am a/an [Klemployee Olofficer member] of Capital One, N.A. successor
access to Plaintiff's
by merger to Capital One Bank (USA), N.A. (“Plaintif®), and | have
to the account
books and records ("Business Records"), including electronic records, relating
("Account") of ALISA BUKHVALOVA (‘Defendant’). The last four digits of the Account
number are XXXXXXX200000529. in my position, | have personal knowledge of the
. Plaintiffs Business
procedures for creating and maintaining Plaintiffs Business Records
course of such
Records were made in the regular course of business, and it was the regular
near the time of the
business to make the Business Records. The records were made at or
events recorded. Based on my review of Plaintiff's Business Records, | have personal
knowledge of the facts set forth in this affidavit.
[Check this paragraph if Servicer]
Plaintiff has authorized
Servicer is the servicer for the Plaintiff in the underlying action.
maintain the Business Records relating to the Account, along with
Servicer to service and
on behalf of Plaintiff
giving testimony and executing affidavits, declarations, and certifications
regarding the Account.
ant agreed to
Plaintiff and Defendant entered into a credit agreement (‘Agreement’). Defend
to the Agreement.
pay Plaintiff for all goods, services and cash advances provided pursuant
0, made on 10/07/2022
The amount of the last payment, if any, made by Defendant was $236.0
A true and correct copy
Defendant is now in default and demand for payment has been made.
attached as an exhibit to
of the Agreement or document(s) evidencing the Agreement is/are
this affidavit.
of action]
[Check this paragraph if seeking judgment on an account stated cause
account
| have personal know! ledge of Plaintiffs procedures for generating and mailing
s to provide periodic
statements to customers. it is the regular practice of Plaintiff's busines
or about i / , Plaintiff sent one or
account statements to its customers. On
more account statements relating to the Account to Defenda nt stating the amount due as
The account statement(s) were mailed to Defenda nt's last known
by the post
address and Plaintiff's records do not reflect that the statement(s) were returned
the final account
office or that the Defendant objected to them. A true and correct copy of
statement(s) is attached as an exhibit to this affidavit.
|
[Check this paragraph if seeking judgment on a revolving consumer credit account
f
At this time, Defendant owes $11336.95 on the Account. This amount includes a charge-of
of
balance of $11336.95 post-charge-off interest of $00.00 post-charge-off fees and charges
t of
$00.00 less any post-charge-off credits or payments made by or on behalf of the Defendan
$00.00.
ADA Accommodations Spoken or Sign Language Interpreters
|| ada@nycourts.gov + 212-428-2760 interpreter@nycourts.gov + 646-386-5670 4-800-COU eT-N¥(268-7860)
4 of 11
D OUN PK 09 AM INDEX NO. 72764/2023
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 05/01/2024
UCS-CCR3 (05/2022) Page 2
er credit account]
6. [Check this paragraph if seeking judgment on a non-revolving consum
0 At this time, Defendant owes $ on the Account. As set forth in the exhibits
principal; (ii) finance
attached hereto and made a part hereof, this amount is broken out by (i)
charge or charges; (iii) fees imposed by the original creditor; (iv) collection costs; (v)
attorney's
ts made by
fees: (vi) interest, and (vii) any other fees and charge: s, less any credits or paymen
or on behalf of the Defendant of $
pursuant
As set forth in New York CPLR Article 50, the interest rate applicable to the Account
to section five thousand four of this chapter applies.
8 [Check if not seeking post-judgment interesf|
&Plaintiff explicitly disclaims any right to post-judgment interest on this Account.
.95 together with the
WHEREFORE, deponent demands judgment against Defendant for $11336
costs and disbursements of this action.
The above statements are true and correct to the best of my personal knowledge.
bated: 2 / i ! 20 a4 (NGWe kLundwr
Affiant Signature
Marva Hinton
Commonwealth of Virginia, County of Henrico
Affiant Name
Sworn to before me this HH, day
of March 20.
0 { Lund
= s) Arwraey yh
Notary Public aH00tetyy,
Oy,
zs PUBLIC
2. 7 REGH 7148828 4
= %
[My COMMISSION =:
Preview
PK 09° AM INDEX NO. 72764/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 05/01/2024 SUPREME COURT OF THE STATE OF NEW YORK Index No: 72764/2023 County of WESTCHESTER Account No: woe - noo eee eeee-e- === ee == += Our File No.: 0808M 419517 CAPITAL ONE, N.A. JUDGMENT Plaintiff, -against- Plaintiff's Address: ALISA BUKHVALOVA 15000 Capital One Drive Richmond, VA 23238 Defendant (s) -x Amount Claimed in Complaint (less credits of $ .00 ).$ 11336.95 Attorney Fees (Waived in the amount of $ 00 $ -00 Interest from Date of Complaint (Waived bene $ -00 TOTAL. .... dete e eee eeeeee detec eee eect eeee 11336.95 Costs by Statute........ peeeeee + vee sees -00 Service of Summons and Complaint. see 25.00 Filing of Summons and Complaint...... se eeee cere e$ 140.00 Prospective Execution Fees............. bee e reece ee df 00 Military Service Affidavit............. 00 TOTAL COSTS........... . + . . . $ 165.00 TOTAL JUDGMENT AMOUNT. oe wee ..§ 11501.95 ATTORNEY'S AFFIRMATION-STATE oF NEW YORK -COUNTY OF NASSAU The undersigned Attorney at Law of New York State, affirms the following to be true under the penalties of perjury: The Defendant(s) have failed to answer or appear and the time to do so having expired, Plaintiff is entitled to judgment by default. The disbursements herein specified have been or will necessarily be incurred and are reasonable in amount. Pursuant to affidavits of service on file herein, deponent alleges that Defendant(s) are not in the military service. A copy of the summons was mailed to Defendant(s) by first class mail postage paid (CPLR 3215) on 03/04/24 which is at least 20 days prior to the entry of the judgment. The summons was sent to Defendant(s) place of residence in an envelope bearing the legend "personal & confidential" and pot indicating on the outside of the envelope that the communication was fxg an attorney or that it concerned an alleged debt. Dated: 04/09/24 = a2 LL. Kda ho as Templeton, D a Arrick JUDGMENT rendered in favor of Plaintiff: ( CAPITAL ONE, N.A. 15000 Capital One Drive Richmond, VA 23238 against the following Defendant (s): ALISA BUKHVALOVA 445 GRAMATAN AVE APT GB2 MOUNT VERNON NY 10552 for the sum of $11337.0 with interest of $ .00 , making a total of $11337.0 together with $ 165.00 costs and disbursements, amounting in all to the sum of § 11501.95 , and it is adjudged that Plaintiff have execution therefore. Ma 1st 2024 l I IMME Il Il I ll Il Dated: Ii | i | | ll I il I f_ cH Malen & Associates, p.c. 123 Frost Street, Suite 203, Westbury, NY 1590 (516) 334-3500 This is an attempt to collect a debt, any information obtained shall be used for that purpose. We are a Debt Collector. 1 of 11 PK 09° AM INDEX NO. 72764/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 05/01/2024 SUPREME COURT OF THE STATE OF NEW YORK Index No: 72764/2023 County of WESTCHESTER --- ---x Our File No.: 0808M 419517 CAPITAL ONE, N.A. Plaintiff; -against- ALISA BUKHVALOVA Defendant(s) ------------------------------------------- AFFIRMATION OF CERTIFIED COPY OF AFFIDAVIT OF FACTS The undersigned under penalties of perjury affirms the following: 1. I am an attorney associated with the law firm of Malen & Associates, p.c. attorneys for the plaintiff and I am familiar with the facts contained herein. 2. I make this affirmation in support of plaintiff's entry of a Judgment. 3. I hereby certify that the annexed affidavit of facts is a copy of the original affidavit of facts which our office received from Plaintiff. 4. Upon receipt of the original affidavit of facts it is scanned into our imaging database. The document annexed hereto was printed from the imaging database and is an exact copy of the original affidavit. 5. Our office is scanning all documents received as its normal business practice into our "worm" database and is deemed a business record. WHEREFORE, plaintiff respectfully requests this Court accept the annexed affidavit of facts as a certified copy of the original. Dated: Apr 9, 2024 aes Attorney 123 Frost for Street icholas ates, Plaintiff p.c. T leton, Dana Arrick Westbury, NY 11590 (516) 334-3500 2 of 11 INDEX NO. 72764/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 05/01/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER eee oo --------------------- ------------------ 2-2 ------- ) AFFIDAVIT FOR CAPITAL ONE, N.A. Plaintiff ) DEFAULT JUDGMENT against Index No: 72764/2023 ALISA BUKHVALOVA Our File No: ) 0808M 419517 Defendant (s) o--------------------------------------------------------- judgcovshtaff 3 of 11 D OUN PK 09 AM INDEX NO. 72764/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 05/01/2024 nycourts.gov New York State Unified Court System oh UCS-CCR3 (05/2022) “Affidavit of Facts Page 1 by Original Creditor nycourthelp.gov The undersigned, being duly swom, deposes and says 4. |, Marva Hinton am a/an [Klemployee Olofficer member] of Capital One, N.A. successor access to Plaintiff's by merger to Capital One Bank (USA), N.A. (“Plaintif®), and | have to the account books and records ("Business Records"), including electronic records, relating ("Account") of ALISA BUKHVALOVA (‘Defendant’). The last four digits of the Account number are XXXXXXX200000529. in my position, | have personal knowledge of the . Plaintiffs Business procedures for creating and maintaining Plaintiffs Business Records course of such Records were made in the regular course of business, and it was the regular near the time of the business to make the Business Records. The records were made at or events recorded. Based on my review of Plaintiff's Business Records, | have personal knowledge of the facts set forth in this affidavit. [Check this paragraph if Servicer] Plaintiff has authorized Servicer is the servicer for the Plaintiff in the underlying action. maintain the Business Records relating to the Account, along with Servicer to service and on behalf of Plaintiff giving testimony and executing affidavits, declarations, and certifications regarding the Account. ant agreed to Plaintiff and Defendant entered into a credit agreement (‘Agreement’). Defend to the Agreement. pay Plaintiff for all goods, services and cash advances provided pursuant 0, made on 10/07/2022 The amount of the last payment, if any, made by Defendant was $236.0 A true and correct copy Defendant is now in default and demand for payment has been made. attached as an exhibit to of the Agreement or document(s) evidencing the Agreement is/are this affidavit. of action] [Check this paragraph if seeking judgment on an account stated cause account | have personal know! ledge of Plaintiffs procedures for generating and mailing s to provide periodic statements to customers. it is the regular practice of Plaintiff's busines or about i / , Plaintiff sent one or account statements to its customers. On more account statements relating to the Account to Defenda nt stating the amount due as The account statement(s) were mailed to Defenda nt's last known by the post address and Plaintiff's records do not reflect that the statement(s) were returned the final account office or that the Defendant objected to them. A true and correct copy of statement(s) is attached as an exhibit to this affidavit. | [Check this paragraph if seeking judgment on a revolving consumer credit account f At this time, Defendant owes $11336.95 on the Account. This amount includes a charge-of of balance of $11336.95 post-charge-off interest of $00.00 post-charge-off fees and charges t of $00.00 less any post-charge-off credits or payments made by or on behalf of the Defendan $00.00. ADA Accommodations Spoken or Sign Language Interpreters || ada@nycourts.gov + 212-428-2760 interpreter@nycourts.gov + 646-386-5670 4-800-COU eT-N¥(268-7860) 4 of 11 D OUN PK 09 AM INDEX NO. 72764/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 05/01/2024 UCS-CCR3 (05/2022) Page 2 er credit account] 6. [Check this paragraph if seeking judgment on a non-revolving consum 0 At this time, Defendant owes $ on the Account. As set forth in the exhibits principal; (ii) finance attached hereto and made a part hereof, this amount is broken out by (i) charge or charges; (iii) fees imposed by the original creditor; (iv) collection costs; (v) attorney's ts made by fees: (vi) interest, and (vii) any other fees and charge: s, less any credits or paymen or on behalf of the Defendant of $ pursuant As set forth in New York CPLR Article 50, the interest rate applicable to the Account to section five thousand four of this chapter applies. 8 [Check if not seeking post-judgment interesf| &Plaintiff explicitly disclaims any right to post-judgment interest on this Account. .95 together with the WHEREFORE, deponent demands judgment against Defendant for $11336 costs and disbursements of this action. The above statements are true and correct to the best of my personal knowledge. bated: 2 / i ! 20 a4 (NGWe kLundwr Affiant Signature Marva Hinton Commonwealth of Virginia, County of Henrico Affiant Name Sworn to before me this HH, day of March 20. 0 { Lund = s) Arwraey yh Notary Public aH00tetyy, Oy, zs PUBLIC 2. 7 REGH 7148828 4 = % [My COMMISSION =: