Preview
FILED: DUTCHESS COUNTY CLERK 11/20/2019 05:36 PM INDEX NO. 2019-54739
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/20/2019
Prog
Index No:
Date Filed:
CONSUMER CREDIT TRANSACTION
SUPREME COURT OF THE STATE OF NEW YORK 0808B 386624
COUNTY OF DUTCHESS Clt Acct: XXXXXXXXXXXX1598
___________________-__________,---------------X
CAPITAL ONE BANK (USA), N.A. SUMMONS AND COMPLAINT
Plaintiff The basis of the venue designated is:County in which defendant(s) resides
agaimt The defendant resides in the county of DUTCHESS
The transaction took place out of state.
Defendant(s)
To the above named Defendant(s)
You are hereby summoned and required to answer the corsplaiñt in this action and to serve a copy of your answer, or,
if the complaint is not served with summons, to serve a notice of appearance, on the Plaintiff's Attorney(s)
within 20 days after the service of this summons, exclusive of the day of service (or within 30 days after the
the service is complete if this summons is not personally delivered to you within the State ofNew York);
and in case of your failure to appear or answer, judgement will be taken against you by default for the relief
demanded in the complaint.
Nov 11, 2019
Defendant's address:
BESSIE GONZALEZ
3 MARSHALL CT
BEACON NY 12508-1033
Attorney(s) for Plaintiff
Malen & Associates, p.c.
123 Frost Street, Suite 203
Westbury, NY 11590
(5I6) 334-3500 Ext: 5926 m Hu , , Dana Arrick
New York City Department of Consu s License: 2046078-DCA
Upon your failure to appear, judgment will be taken against you by default for the sum of $ 4500.80
with statutory costs and disbursements of this action.
This is an attempt to collect a debt, any information obtained will be used for that purpose.
We are a Debt Collector.
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FILED: DUTCHESS COUNTY CLERK 11/20/2019 05:36 PM INDEX NO. 2019-54739
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/20/2019
SUPREME COURT OF THE STATE OF NEW YORK INDEX #:
COUNTY OF DUTCHESS
----------------------------------------------X OUR FILE #: 0808B -386624
CAPITAL ONE BANK (USA), N.A.
Plaintiff, COMPLAINT
-against-
BESSIE GONZALEZ
PlaintiffsAddress:
Defendant(s) 15000 Capital One Dr.
------------------ --------------X Richmond VA 23238
PLAINTIFF BY ITS ATTORNEYS, MALEN & ASSOCIATES, P.C. COMPLA1NING OF the Defendañt(s),
allege(s) upon information and belief:
1. Plaintiff
isa Corp licensed to do business inNY.
Upon information and beliefPlaintiffis notrequired to be licensedby the New York City Department of
Consumer Affairs.
2. Defendant BESSIE GONZALEZ residesor has itsprincipal place of
business at:3 MARSHALL CT BEACONNY 12508-1033
3. Upon Information and belief the transaction of business occurred within DUTCHESS County.
4. CAUSE OF ACTION NUMBER ONE:
Defendant(s) executed an agicemcñt wherein Plaintiff agreed to extend creditor cash advance on a revolving basis which
credit oradvance was tobe paid in monthly instri!sents. There remains due and owing the sum of$4500.80.
5. That no portion of theaforementioned sum has been paid, although duly demanded.
6. CAUSE OF ACTION NUMBER TWO:
Plaintiffrepeats each allegation contaiñéd in paragraphs 1 through 5, inclusive.
7.An account was takenand stated showing a balance of $ 4500.80 due and owing to Plaintiffby Defendant(s), no part of
which has been paid, although duly demanded, which Defêñdañt(s) did not object to.
Plaintiffexpressly disclaims any right to attorney fees thatitmay have.
WHEREFORE Plaintiffdemands jedgracñt against Disesñt(s) in thesum of $ 4500.80 on the firstcause of action;
the sum of$ 4500.80 on the second cause of action; together with statutorycosts and disbursemcñ‡s.
DATED: Nov 11, 2019
Westbury, New York
am Hughe , Dana Arrick
YOURS, etc.
MALEN & ASSOCIATES, p.c.
Attorneys forPlaintiff This isan attempt to collecta debt.Any information obtained will be
123 Frost Street,Suite 203 used for thatpurpose. We are a Debt Collector.
Westbury, N.Y. 11590
(516) 334-3500 Extension: 5926
New York City Department of Consumer Affairs License: 2046078-DCA
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FILED: DUTCHESS COUNTY CLERK 11/20/2019 05:36 PM INDEX NO. 2019-54739
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/20/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF DUTCHESS
.....____________________________________-..
CAPITAL ONE BANK (USA), N.A. File No. 0808B 386624
Plaintiff
-against-
BESSIE GONZALEZ Index#:
Defendant(s)
_______________... ._... ....
NOTICE OF COMMENCEMENT OF ACTION
SUBJECT TO MANDATORY ELECTRONIC FILING
PLEASE TAKE NOTICE that the matter captioned above, which has been
commenced by filing of the accompanying documents with the County Clerk, is
subject to mandatory electronic filmg pursuant to Section 202.5-bb of the Uniform
Rules for the Trial Courts. This notice is being served as required by Subdivision (b)
(3) of that Section.
The New York State Courts Electronic Filing System ("NYSCEF") is
designed for the electronic filing of documents with the County Clerk and the court
and for the electronic service of those documents, court documents, and court notices
upon counsel and self-represented parties. Counsel and/or parties who do not notify
the court of a claimed exemption (see below) as required by Section 202.5-bb(e)
must immediately record their representation within the e-filed matter on the Consent
page in NYSCEF. Failure to do so may result in an inability to receive electronic
notice of document filings.
Exemptions from mandatory e-filing are limited to: 1) attorneys who certify
in good faith that they lack the computer equipment and (along with all employees)
the requisite knowledge to comply; and 2) self-represented parties who choose not to
participate in e-filing. For additional information about electronic filing, including
access to Section 202.5-bb, consult the NYSCEF website at www.nycourts.gov/efile
or contact the NYSCEF Resource Center at 646-386-3033 or efile@courts.state.ny.us.
Dated: Nov 11, 2019
Hugb-
A ni s, E4, Dana Arrick, Esq.
M N ASSOCIATES, P.C.
I23 treet
Westbury, NY 1 1590
516.334.3500
To: BESSIE GONZALEZ
3 MARSHALL CT
BEACON NY 12508-1033
This is an attempt to collect a debt, any information obtained shall be used for that
purpose. We are Debt Collectors.
New York City Department of Consumer Affairs License: 2046078-DCA
supremeefile
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FILED: DUTCHESS COUNTY CLERK 11/20/2019 05:36 PM INDEX NO. 2019-54739
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/20/2019
Page 1 of 3
PlatinumMasterCard Account Ending in 1598
7 Jan.29, 2019 - Feb. 28,2019I 31 days in Billing
Cycle
Payment Information
Payment Due Date and phone payments,
For online Previous Balance $4,402.98
the deadline
is 8pmET.
Payments $0.00
New Balance Minimum Payment Due Other Credits $0.00
$4,500.80 $4,500.80 Transactions +$0.00
Cash Advances + $0.00
IMPORTANT ACCOUNT UPDATES·
+ $0.00
Your full
balance is due. Any payment you make will reduce your balance
and helppay off your debt faster. The amount you owe may differ
if
InterestCharged + $97.82
you've entered into a separate payment agreement.
New Balance = $4,500.8D
AvailableCredit(as ofFeb. 28, 2019) NIA
3000?9
Account Notifications
New York residents
may contact
the New York State Department
of
Financial
Services to obtain a comparative of credit
listing card rates,
fees, and grace periods. Contact the New York State Department
of
Financial
Services:1-877-226-5697 or www.dfs.ny.gov.
Pay or manage your account
on our mobile
app or atwww.capitalone.com. Customer Service:
1-800-258-9319 See reverse for Important
!±""et!cn
Pleasesendusthis portionofyourstatementandonlyonecheck(oronemoneyorder)to
ensureyourpaymentis processed
promptly.Atlowat leastsevenbusinessdaysfordelivery. 400050
Payment Due Date: Past Due Account Ending in 1598
9
New Balance Min;mum Payment Due Amount Enclosed .
$4,500.80 $4,500.80 $
__
BESSIE GONZA.LEZ
3 MARSHALL CT
BEACON, NY 12508-1033 Capital One
P . 0.Box 64 'l2
IÏ Ï itil Carol Stream, IL 6nyi7-6492
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FILED: DUTCHESS COUNTY CLERK 11/20/2019 05:36 PM INDEX NO. 2019-54739
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/20/2019
---------------------------------------X
CAPITAL ONE BANK (USA), N.A.
Plaintiff,
FILE NO: 0808B 386624
-against- AFFIDAVIT OF
INVESTIGATOR
BESSIE GONZALEZ NON-MILITARY STATUS
Defendant(s).
---------------------------------------X
STATE OF NEW YORK, COUNTY OF NASSAU
The undersigned being duly sworn, deposes and says: That
your depanent is not a party to this action, is over the age of
eighteen of years, and is employed by Malen & Associates, P.C., 123
Frost Street, Westbury, NY 11590.
Plaintiff has attempted to confirm if the following defendant(s),
hereinafter known as "the Defendant(s)", are in the military service:
BESSIE GONZALEZ
I have been requested by Malen & Associates, P.C., attorneys
for Plaintiff to swear as to my own personal knowledge whether or not
the Defendant(s) are in military service pursuant to United States
Soldiers and Sailor's Relief Act of 1940, as amended, 50 U.S.C.A.
App. Secs. 501 et seq and the New York State Military Law, Article XIII,
Soldiers and Sailors Civil Relief Act, Sections 300 to 327.
I communicated with the Department of Defense, Defense
Manpower Data Center, 1600 Wilson Boulevard, Suite 400, Arlington,
VA 22209 wherein I provided them with the Defendant(s) name(s), date(s)
of birth or social security number(s) which we know is accurate because
the information is contained in Plaintiff's file. In response to my
inquiry it was confirmed on 11/11/19 that the Defendant(s) were not in
any branch of the military service.
From the facts above set for , I am convinced that the
Defendant(s) are not in any br ch the military service at the
present time.
M ry Jo r n
Sworn to before me on
a * 11/19
DAM ÑbGHES NOTARY
NOtary Public,State of New York
No.
01HU6079858
Qualified in Nassau
COunty
Commission Expires September 3, 2022
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FILED: DUTCHESS COUNTY CLERK 11/20/2019 05:36 PM INDEX NO. 2019-54739
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/20/2019
Department of Defense Results
asof Nov-11-2010
10:15:49
AM
Manpower Data Center
SCRA53
Status Report
Pursuant to Servicemembers Civil Relief Act
SSN: XXX-XX-1099
Birth Date:
Last Name: GONZALEZ
First Name: BESSIE
EviiddisName:
Status As Of: Nov-11-2019
Certificate ID: CQ DR30KFLNYLYOH
OnActiveDiftyOnActiveDutyStatusDate
ActivebulystartDate - ActiveDutyEndDate Stants ServiceComponent
NA ..-.. . No NA
TNr=:--se theindividuals'
reRects adic idy 1-f;.;3basedontheActiveDutyStatusDate
LeftAchveputyWithio.367
DaýsofAcSveDutyStatusDate
. AcGve
DùtyStartDate ActiveDutyErdDate Status Service
Cornponent
NA -
NA No NA
This "-ctswhe ualleftactiveautystatuswithin357dayspreceding
theAtitMaduty
StatusDate
. . The lemberu i-iiwi-i
mU i asNatified
ofaFutureCall-Up
in Activeht;
on.".f&Dtity StatusDate
QrderNotirtention
StastDate OrderNotificatior
EndDaki Status ServiceCornponent
NA ÑA .. . . No .. . NA
Thisrespan ists:3 whether
theird viduet eadynotification
whis/lierunithasreceived toreportforactiveduty
Upon senchingthe data banks of the Deps. t
.c-1ofDefense Maiipcwer that you provided, the above is the status of
Data Center, based on the Mics-"r
the individual on the active duty status date as to all branches of the Unifemed
Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and
This status includes |-f:-:2--
Coast Guard). on a Serviemember or his/her unit receiving notification of future orders to report for Active Duty.
Michael V. Sorrento, Director
Dep =nt of Defense - Manpower Data Center
400 Gigling Rd.
Seaside, CA93955
File #: 386624
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