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  • Capital One Bank (Usa), N.A. v. Bessie Gonzalez Other Matters - Consumer Credit (Card) Original Creditor Plaintiff document preview
  • Capital One Bank (Usa), N.A. v. Bessie Gonzalez Other Matters - Consumer Credit (Card) Original Creditor Plaintiff document preview
  • Capital One Bank (Usa), N.A. v. Bessie Gonzalez Other Matters - Consumer Credit (Card) Original Creditor Plaintiff document preview
  • Capital One Bank (Usa), N.A. v. Bessie Gonzalez Other Matters - Consumer Credit (Card) Original Creditor Plaintiff document preview
						
                                

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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 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. 1 of 6 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 2 of 6 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 3 of 6 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 4 of 6 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 5 of 6 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 6 of 6