On December 20, 2019 a
Answer
was filed
involving a dispute between
Discover Bank,
and
Katrina Hemingway,
for Other Matters - Consumer Credit (Card) Original Creditor Plaintiff
in the District Court of Clinton County.
Preview
FILED: CLINTON COUNTY CLERK 06/02/2020 09:47 AM INDEX NO. 2019-00020051
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 06/02/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF CLINTON
-..-..---..------------- -x
DISCOVER BANK,
Index No. 2019-00020051
Plaintiff,
- against - ANSWER
KATRINA HEMINGWAY,
Defendant.
--------------------x
Defendant, Katrina Hemingway, appearing pro se, hereby interposes the following answer to this
1. I lack information sufficient to form a belief as to the allegations contained in the
following paragraphs of the complaint: 1, 2, 3, 4, 5 and 6.
2. I received a copy of the Summons and Complaint, but service was not correct as required
by law, in that it came in plain envelope with no distinguishable marking that it was
related to a court proceeding. No personal service of the summons/complaint.
FIRST AFFIRMATIVE DEFENSE
3. I have paid all or part of the alleged debt.
SECOND AFFIRMATIVE DEFENSE
4. Upon information and belief, the statute of limitations has expired on this debt.
THIRD AFFIRMATIVE DEFENSE
5. The collateral (property) was not sold at a commercially reasonable price.
Pursuant to Rule 1.2(c) of NY ST RPC, this document was prepared by J. Michael Boxley Esq, a volunteer with
Legal Aid Society of Neillicastern NY. The provision of services is limited to advice and counsel, and the drafting
of docurñêüts. Neither firm nor volunteer represent the respondent in this action.
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FILED: CLINTON COUNTY CLERK 06/02/2020 09:47 AM INDEX NO. 2019-00020051
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 06/02/2020
FOURTH AFFIRMATIVE DEFENSE
6. Plaintiff demands an amount that is excessive compaied with the original debt and would
unjustly enrich Plaintiff.
FIFTH AFFIRMATIVE DEFENSE
7. Plaintiff's claim arises from an unconscionable contract.
SIXTH AFFIRMATIVE DEFENSE
8. Plaintiff has excessively delayed in bringing this lawsuit to my disadvantage.
SEVENTH AFFIRMATIVE DEFENSE
9. The interest rate sought by Plaintiff is usurious.
EIGHTH AFFIRMATIVE DEFENSE
10. Plaintiff has not provided proof of mailing of the alleged account stated.
OTHER INFORMATION
11. Please take notice that my only sources of income are Social Security, Public Assistance,
and a pension, which are exempt from collection.
12. Defendant reserves causes of action, if any, pursuant but not limited to the FDCPA,
FCRA, TILA, NY GBL § 349.
mits o
se
Pursuant to Rule 1.2(c) of NY ST RPC, this duemneat was prepared by J. Michael Boxley Esq, a volunteer with
Legal Aid Society of Northeastern NY. The provision of services is limited to advice and counsel, and the drafting
of documerits. Neither firm nor vehm*~r represent the respondent in this action.
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FILED: CLINTON COUNTY CLERK 06/02/2020 09:47 AM INDEX NO. 2019-00020051
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 06/02/2020
VERIFICATION
State of New York, County of /Z ss.:
O'f
Katrina Hemingway, being duly swom, deposes and says: I am the Defendant in this proceeding.
I have read the Written Answer and know the contents to be true from my own knowledge,
except as to those matters stated on information and belief, and as to those matters, I believe
them to be true.
Katrina Hemingway, pro se
Sworn to before me this /_2
ay
of /dg e , 20 20
HEATHER M. GIULIANO
-- -- -
OTMIV PfjäUESTATE OP NEW YORK
No.01Gl6356875
Notary Public/Court Employee
'Qualifiedin Clinton County
. --My Commission Expires04-10-2014- -
Pursuant to Rule 1.2(c) of NY ST RPC, this document was prepared by J. Michael Boxley Esq, a volunteer with
Legal Aid Society of Northeastern NY. The provision of services is limited to advice and counsel, and the drafting
of documents. Neither firm nor volunteer represent the respondent in this action.
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Document Filed Date
June 02, 2020
Case Filing Date
December 20, 2019
Category
Other Matters - Consumer Credit (Card) Original Creditor Plaintiff
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FILED: CLINTON COUNTY CLERK 06/02/2020 09:47 AM INDEX NO. 2019-00020051 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 06/02/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF CLINTON -..-..---..------------- -x DISCOVER BANK, Index No. 2019-00020051 Plaintiff, - against - ANSWER KATRINA HEMINGWAY, Defendant. --------------------x Defendant, Katrina Hemingway, appearing pro se, hereby interposes the following answer to this 1. I lack information sufficient to form a belief as to the allegations contained in the following paragraphs of the complaint: 1, 2, 3, 4, 5 and 6. 2. I received a copy of the Summons and Complaint, but service was not correct as required by law, in that it came in plain envelope with no distinguishable marking that it was related to a court proceeding. No personal service of the summons/complaint. FIRST AFFIRMATIVE DEFENSE 3. I have paid all or part of the alleged debt. SECOND AFFIRMATIVE DEFENSE 4. Upon information and belief, the statute of limitations has expired on this debt. THIRD AFFIRMATIVE DEFENSE 5. The collateral (property) was not sold at a commercially reasonable price. Pursuant to Rule 1.2(c) of NY ST RPC, this document was prepared by J. Michael Boxley Esq, a volunteer with Legal Aid Society of Neillicastern NY. The provision of services is limited to advice and counsel, and the drafting of docurñêüts. Neither firm nor volunteer represent the respondent in this action. 1 of 3 FILED: CLINTON COUNTY CLERK 06/02/2020 09:47 AM INDEX NO. 2019-00020051 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 06/02/2020 FOURTH AFFIRMATIVE DEFENSE 6. Plaintiff demands an amount that is excessive compaied with the original debt and would unjustly enrich Plaintiff. FIFTH AFFIRMATIVE DEFENSE 7. Plaintiff's claim arises from an unconscionable contract. SIXTH AFFIRMATIVE DEFENSE 8. Plaintiff has excessively delayed in bringing this lawsuit to my disadvantage. SEVENTH AFFIRMATIVE DEFENSE 9. The interest rate sought by Plaintiff is usurious. EIGHTH AFFIRMATIVE DEFENSE 10. Plaintiff has not provided proof of mailing of the alleged account stated. OTHER INFORMATION 11. Please take notice that my only sources of income are Social Security, Public Assistance, and a pension, which are exempt from collection. 12. Defendant reserves causes of action, if any, pursuant but not limited to the FDCPA, FCRA, TILA, NY GBL § 349. mits o se Pursuant to Rule 1.2(c) of NY ST RPC, this duemneat was prepared by J. Michael Boxley Esq, a volunteer with Legal Aid Society of Northeastern NY. The provision of services is limited to advice and counsel, and the drafting of documerits. Neither firm nor vehm*~r represent the respondent in this action. 2 of 3 FILED: CLINTON COUNTY CLERK 06/02/2020 09:47 AM INDEX NO. 2019-00020051 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 06/02/2020 VERIFICATION State of New York, County of /Z ss.: O'f Katrina Hemingway, being duly swom, deposes and says: I am the Defendant in this proceeding. I have read the Written Answer and know the contents to be true from my own knowledge, except as to those matters stated on information and belief, and as to those matters, I believe them to be true. Katrina Hemingway, pro se Sworn to before me this /_2 ay of /dg e , 20 20 HEATHER M. GIULIANO -- -- - OTMIV PfjäUESTATE OP NEW YORK No.01Gl6356875 Notary Public/Court Employee 'Qualifiedin Clinton County . --My Commission Expires04-10-2014- - Pursuant to Rule 1.2(c) of NY ST RPC, this document was prepared by J. Michael Boxley Esq, a volunteer with Legal Aid Society of Northeastern NY. The provision of services is limited to advice and counsel, and the drafting of documents. Neither firm nor volunteer represent the respondent in this action. 3 of 3