Preview
FILED: ERIE COUNTY CLERK 12/31/2019 12:34 PM INDEX NO. 817401/2019
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/31/2019
STATE OF NEW YORK
COUNTY OF ERIE : ERIE COUNTY SUPREME COURT
CONSUMER CREDIT TRANSACTION
AMHERST FEDERAL CREDIT UNION
6470 Main St Ste 5
Amherst, NY 14221-,
Plaintiff, SUMMONS
vs.
Index No.
MARKEITA C. FLOOD
26 Legion Dr
Tonawanda, NY 14217,
Defendant(s).
TO THE ABOVE-NAMED DEFENDANT(S):
You are hereby summoned and required to serve upon plaintiff's attorney an answer
to the complaint in this action within twenty days after the service of this summons,
exclusive of the day of service, or within thirty days after service is complete if this
summons is not personally delivered to you within the State of New York. In case of your
failure to answer, judgment will be taken against you by default for the relief demanded in
the complaint.
This action is brought in the County of Erie, because of the place of transaction in
said County. The residence of the Defendant(s) i the County of Erie.
DATED: December 2019
_
29,
Buffalo, New York _
WILLIAM ILECKI
ILECKI & OSTROWSKI, LLP
Attorney(s) for Plaintiff
1 DELAWARE ROAD, SUITE 110
BUFFALO, NY 14217
Phone: (716) 838-4300
Fax: (716) 204-9728
Any request for Judgment for the relief demanded in the Complaint will be subject to
approval by the Court and applicable law. This communication is from a debt co!!ector.
The debt co!!ector is attempting to collect a debt, and any information obtained will be used
for that purpose.
our file number-
20191661©
1 of 4
FILED: ERIE COUNTY CLERK 12/31/2019 12:34 PM INDEX NO. 817401/2019
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/31/2019
Although we may have requested that you take certain action, you stillhave the right
to make a written request, within thirty days of your receipt of this notice, for more
information about the debt. Your rights are described at the end of this notice.
This advice pertains to your dealings with me as a debt collector. Itdoes not affect
your dealings with the court, and in particular itdoes not change the time at which you
must answer the complaint. The summons is a command from the court, not from me, and
you must follow its instructions even ifyou dispute the validity or amount of the debt. The
advice in this portion of the document also does not affect my relations with the court. As a
lawyer, I may file papers in the suit according to the court's rules and the judge's
instructions. Unless you, within thirty days after receipt of this notice, dispute the validity of
the debt, or any portion thereof, the debt will be assumed to be valid by us. Ifyou notify us
in writing within the thirty-day period that the debt, or any portion thereof, is disputed, we
will obtain verification of the debt and a copy of such verification will be mailed to you by
us. Upon your written request within the thirty-day period, we will provide you with the
name and address of the original creditor, ifdifferent from the current creditor. The law
does not require us to wait until the end of the thirty-day period following first contact with
you before suing you to collect the debt. Even though the law provides that your answer to
the Complaint may be required to be served in some cases in less than thirty days, no
request will be made to the Court for a judgment until, at least, the expiration of thirty days
after your receipt of this summons. However, ifyou dispute the debt or request the name
and address of the original creditor within the thirty-day period that begins with your receipt
of this summons, and in the manner stated above, the law requires us to cease efforts
(through litigation or otherwise) to collect the debt until we mail the requested information to
you. Nevertheless, this dispute or request may not constitute an Answer under law. You
should consult an attorney for advice concerning your rights and obligations in this suit.
Note- because of interest or other charges that from to the
may vary day day,
amount due on the day you pay may be greater. If you pay the amount shown in the
Complaint, an adjustment may be necessary after we receive the payment, in which event
we will inform you. For further information, please contact this office.
2 of 4
FILED: ERIE COUNTY CLERK 12/31/2019 12:34 PM INDEX NO. 817401/2019
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/31/2019
STATE OF NEW YORK
COUNTY OF ERIE : ERIE COUNTY SUPREME COURT
CONSUMER CREDIT TRANSACTION
AMHERST FEDERAL CREDIT UNION,
Plaintiff, COMPLAINT
vs.
index No.
MARKEITA C. FLOOD,
Defendant(s). ASSIGNED JUDGE:
Hon.
Plaintiff, by Plaintiff's attorneys, ILECKI & OSTROWSKI, LLP, complaining of the
Defendant(s), herein alleges:
FIRST CAUSE OF ACTION
FIRST COUNT
1. Plaintiff is a(n) federally chartered credit union.
2. Defendañt(s) owe Plaintiff the sum of $1,754.56, together with interest at 9.00%
per annum from July 3, 2019, for money lent by Plaintiff to Defendant(s) for which the
Defendant(s) have failed to repay and remain liable pursuant to their agreement with the
Plaintiff on or about December 13, 2018.
attorneys'
3. Plaintiff has incurred legal expenses including fees by the default of
attorneys'
the Defendant(s), and is entitled to recover fees from the Defendant(s) as
provided by the aforementioned agreement.
WHEREFORE, Plaintiff demands judgment against Defendant(s) as follows:
a. for the sum of $1,754.56, together with interest at 9.00% per annum from
July 3, 2019 ($77.44 to date, plus any future interest due to date of Judgment);
plus reasonable attomey's fees to be requested in the amount of $438.64; and
3 of 4
FILED: ERIE COUNTY CLERK 12/31/2019 12:34 PM INDEX NO. 817401/2019
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/31/2019
b. for the costs and disbursements of this action, and for such further relief
as this court deems proper.
DATED: December 29, 2019
Buffalo, New York
WILLIAM ILECKI
ILECKI & OSTROWSKI, LLP
Attorney(s) for Plaintiff
1 DELAWARE ROAD, SUITE 110
BUFFALO, NY 14217
Phone: (716) 838-4300
Fax: (716) 204-9728
Our file number-
20191661©
4 of 4
Preview
FILED: ERIE COUNTY CLERK 12/31/2019 12:34 PM INDEX NO. 817401/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/31/2019 STATE OF NEW YORK COUNTY OF ERIE : ERIE COUNTY SUPREME COURT CONSUMER CREDIT TRANSACTION AMHERST FEDERAL CREDIT UNION 6470 Main St Ste 5 Amherst, NY 14221-, Plaintiff, SUMMONS vs. Index No. MARKEITA C. FLOOD 26 Legion Dr Tonawanda, NY 14217, Defendant(s). TO THE ABOVE-NAMED DEFENDANT(S): You are hereby summoned and required to serve upon plaintiff's attorney an answer to the complaint in this action within twenty days after the service of this summons, exclusive of the day of service, or within thirty days after service is complete if this summons is not personally delivered to you within the State of New York. In case of your failure to answer, judgment will be taken against you by default for the relief demanded in the complaint. This action is brought in the County of Erie, because of the place of transaction in said County. The residence of the Defendant(s) i the County of Erie. DATED: December 2019 _ 29, Buffalo, New York _ WILLIAM ILECKI ILECKI & OSTROWSKI, LLP Attorney(s) for Plaintiff 1 DELAWARE ROAD, SUITE 110 BUFFALO, NY 14217 Phone: (716) 838-4300 Fax: (716) 204-9728 Any request for Judgment for the relief demanded in the Complaint will be subject to approval by the Court and applicable law. This communication is from a debt co!!ector. The debt co!!ector is attempting to collect a debt, and any information obtained will be used for that purpose. our file number- 20191661© 1 of 4 FILED: ERIE COUNTY CLERK 12/31/2019 12:34 PM INDEX NO. 817401/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/31/2019 Although we may have requested that you take certain action, you stillhave the right to make a written request, within thirty days of your receipt of this notice, for more information about the debt. Your rights are described at the end of this notice. This advice pertains to your dealings with me as a debt collector. Itdoes not affect your dealings with the court, and in particular itdoes not change the time at which you must answer the complaint. The summons is a command from the court, not from me, and you must follow its instructions even ifyou dispute the validity or amount of the debt. The advice in this portion of the document also does not affect my relations with the court. As a lawyer, I may file papers in the suit according to the court's rules and the judge's instructions. Unless you, within thirty days after receipt of this notice, dispute the validity of the debt, or any portion thereof, the debt will be assumed to be valid by us. Ifyou notify us in writing within the thirty-day period that the debt, or any portion thereof, is disputed, we will obtain verification of the debt and a copy of such verification will be mailed to you by us. Upon your written request within the thirty-day period, we will provide you with the name and address of the original creditor, ifdifferent from the current creditor. The law does not require us to wait until the end of the thirty-day period following first contact with you before suing you to collect the debt. Even though the law provides that your answer to the Complaint may be required to be served in some cases in less than thirty days, no request will be made to the Court for a judgment until, at least, the expiration of thirty days after your receipt of this summons. However, ifyou dispute the debt or request the name and address of the original creditor within the thirty-day period that begins with your receipt of this summons, and in the manner stated above, the law requires us to cease efforts (through litigation or otherwise) to collect the debt until we mail the requested information to you. Nevertheless, this dispute or request may not constitute an Answer under law. You should consult an attorney for advice concerning your rights and obligations in this suit. Note- because of interest or other charges that from to the may vary day day, amount due on the day you pay may be greater. If you pay the amount shown in the Complaint, an adjustment may be necessary after we receive the payment, in which event we will inform you. For further information, please contact this office. 2 of 4 FILED: ERIE COUNTY CLERK 12/31/2019 12:34 PM INDEX NO. 817401/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/31/2019 STATE OF NEW YORK COUNTY OF ERIE : ERIE COUNTY SUPREME COURT CONSUMER CREDIT TRANSACTION AMHERST FEDERAL CREDIT UNION, Plaintiff, COMPLAINT vs. index No. MARKEITA C. FLOOD, Defendant(s). ASSIGNED JUDGE: Hon. Plaintiff, by Plaintiff's attorneys, ILECKI & OSTROWSKI, LLP, complaining of the Defendant(s), herein alleges: FIRST CAUSE OF ACTION FIRST COUNT 1. Plaintiff is a(n) federally chartered credit union. 2. Defendañt(s) owe Plaintiff the sum of $1,754.56, together with interest at 9.00% per annum from July 3, 2019, for money lent by Plaintiff to Defendant(s) for which the Defendant(s) have failed to repay and remain liable pursuant to their agreement with the Plaintiff on or about December 13, 2018. attorneys' 3. Plaintiff has incurred legal expenses including fees by the default of attorneys' the Defendant(s), and is entitled to recover fees from the Defendant(s) as provided by the aforementioned agreement. WHEREFORE, Plaintiff demands judgment against Defendant(s) as follows: a. for the sum of $1,754.56, together with interest at 9.00% per annum from July 3, 2019 ($77.44 to date, plus any future interest due to date of Judgment); plus reasonable attomey's fees to be requested in the amount of $438.64; and 3 of 4 FILED: ERIE COUNTY CLERK 12/31/2019 12:34 PM INDEX NO. 817401/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/31/2019 b. for the costs and disbursements of this action, and for such further relief as this court deems proper. DATED: December 29, 2019 Buffalo, New York WILLIAM ILECKI ILECKI & OSTROWSKI, LLP Attorney(s) for Plaintiff 1 DELAWARE ROAD, SUITE 110 BUFFALO, NY 14217 Phone: (716) 838-4300 Fax: (716) 204-9728 Our file number- 20191661© 4 of 4