On May 09, 2019 a
Complaint,Petition
was filed
involving a dispute between
Midland Funding Llc,
and
Timothy Collmer,
for Other Matters - Consumer Credit (Card) Debt Buyer Plaintiff
in the District Court of Livingston County.
Preview
FILED: LIVINGSTON COUNTY CLERK 05/09/2019 08:52 AM INDEX NO. 000407-2019
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/09/2019
Mary F. Strickland , County Cl
Livingston County Government Ce
6 Court Street, Room 201
fl A ÏÏ Geneseo, New York 14454
182'
243-7010 ~ Fax 243-792
(585) (585)
Livingston County Clerk Recording P
Received From: Return To:
DAVID BARRY WARSHAW DAVID BARRY WARSH
Document Type: CIVIL ACTION -
MISC Document Desc: SUMMO
Plaintiff Defendant
MIDLAND FUNDING LLC COLLMER TIMOTHY
Recorded Information:
State of New York
Index #: 000407-2019
County of Livingston
EFiling through NYSCE
Livingston
This sheet constitutes the Clerk's ende ement equimd by section 319 of the Real Property Law
1 of 4
Index
INDEX #
NO.: 000407-2019
000407-2019
FILED: LIVINGSTON COUNTY CLERK 05/09/2019 08:52 AM
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/09/2019
File # C300383
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF LIVINGSTON
______,__________________________
MIDLAND FUNDING LLC
Plaintiff, Index No.
-against-
SUMMONS
TIMOTHY COLLMER
Plaintiff's Residence Address
350 CAMINO DE LA REINA, SUITE
100
SAN DIEGO CA 92108
Defendant(s).
The Basis of this venue
designated is:
Defendant's residence
_________________________________
Defendant's Residence Address:
8968 CREEK RD
NUNDA, NY 1.45179731
YOU ARE HEREBY SUMMONED to answer the complaint in this
action and to serve á copy of your answer, or, if the complaint
is not served with this summons, to serve a notice of appearance
on the plaintiff's attorney -within twenty (20) days after the
service of this summons exclusive of the days of service (or
within thirty (30) days after the service is .complete if this
summons is not personally delivered to you within the State of
Ne.w York).
You are hereby notified that should you fail to appear or
answer, judgment will be taken against you by default for the
relief demanded in the complaint.
Dated: 05/02/19 PRESSLER, FELT & WARSHAW, LLP
Attorneys for Plaintiff
305 Broadway 9th Floor
New York, NY 10007
(516)222-7929
[X] By:
Ian Z. Winog d , Esq.
.[ ] By:
Esq-
avid B. arshaw
[ ] By:
Cr S. Stiller Esq.
2 of 4
Index NO.
INDEX #: 000407-2019
000407-2019
FILED:
b
LIVINGSTON COUNTY CLERK 05/09/2019 08:52 AM
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/09/2019
File # C300383
COURT OF YORK -
.SUPREME OF THE. STATE NEW COUNTY OF LIVIÑGSTON
__________________________________
MIDLAND FUNDING LLC
Plaintiff(s) Index No.
-against-
.COMPLAIM
TIMOTHY COLLMER
Defendant(s)
__________________________________
Plaintiff by its attorney., Pressler, Felt & Warshaw, LLP
complaining of the defendant(s) alleges upon information and
belief as follows:
FIRST CAUSE OF ACTION
1. Plaintiff, MIDLAND FUNDING LLC, is a limited liability
company formed under the laws of the state of Delaware and
having taken assignment of is owner of WEBBANK (DELL
FINANCIAL SERVICES L.L.C.) account number ending in
XXXXXXXXXXXXXXX6.032 .
COLLMER'
2. TIMOTHY resides within the jurisdictional limits of
this court.
3. Plaintiff alleges that TIMOTHY COLLMER is the responsible
person for this account.
4. TIMOTHY COLLMER failed to repay the balance owed. on the
account, which is in default..
5. The account was assigned from the original creditor WEBBANK
(DELL FINANCIAL SERVICES L..L..,C.) to DELL FINANCIAL SERVICES
L.L.C. and then to MIDLAND FUNDING LLC, the present
assignee.
6. The cause of action asserted herein accrued on or abóut
April 14-, 2016, the governing law being the state of Utah.
7. The date of last payment is on lor abóut April 14, 2016.
8. Upon information and belief, the statute of limitations for
the cause of action asserted herein is 4 years and
therefore has not expired.
9. There is now due and owing the plaintiff, as the assignee
of the account, from TIMOTHY COLLMER , the s.um of
$2,825.54.
3 of 4
Index NO.
INDEX #: 000407-2019
000407-2019
FILED: LIVINGSTON COUNTY CLERK 05/09/2019 08:52 AM
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/09/2019
WHEREFORE, Plaintiff demands judgment against TIMOTHY COLLMER
for the sum .of $2,825.54 .plus costs and disbursements of this
action and for such further and other reliWf as the Court deems
just and proper.
Dated: 05/02/19 PRESSLER, FELT & WARSHAW, LLP
Attorneys for Plaintiff
305 Broadway 9th Floor
New York, NY 100.07
(516)222-7929
[X] By
Ian Z. Wi d , .Escj.
avid . Warshaw Esq.
raig S. Stiller Esq.
THIS COMMUNICATION IS FROM A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A
DEBT. ANY INFORMATION OBTAINED. WILL BE USED FOR THAT PURPOSE.
4 of 4
Document Filed Date
May 09, 2019
Case Filing Date
May 09, 2019
Category
Other Matters - Consumer Credit (Card) Debt Buyer Plaintiff
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Preview
FILED: LIVINGSTON COUNTY CLERK 05/09/2019 08:52 AM INDEX NO. 000407-2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/09/2019 Mary F. Strickland , County Cl Livingston County Government Ce 6 Court Street, Room 201 fl A ÏÏ Geneseo, New York 14454 182' 243-7010 ~ Fax 243-792 (585) (585) Livingston County Clerk Recording P Received From: Return To: DAVID BARRY WARSHAW DAVID BARRY WARSH Document Type: CIVIL ACTION - MISC Document Desc: SUMMO Plaintiff Defendant MIDLAND FUNDING LLC COLLMER TIMOTHY Recorded Information: State of New York Index #: 000407-2019 County of Livingston EFiling through NYSCE Livingston This sheet constitutes the Clerk's ende ement equimd by section 319 of the Real Property Law 1 of 4 Index INDEX # NO.: 000407-2019 000407-2019 FILED: LIVINGSTON COUNTY CLERK 05/09/2019 08:52 AM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/09/2019 File # C300383 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF LIVINGSTON ______,__________________________ MIDLAND FUNDING LLC Plaintiff, Index No. -against- SUMMONS TIMOTHY COLLMER Plaintiff's Residence Address 350 CAMINO DE LA REINA, SUITE 100 SAN DIEGO CA 92108 Defendant(s). The Basis of this venue designated is: Defendant's residence _________________________________ Defendant's Residence Address: 8968 CREEK RD NUNDA, NY 1.45179731 YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve á copy of your answer, or, if the complaint is not served with this summons, to serve a notice of appearance on the plaintiff's attorney -within twenty (20) days after the service of this summons exclusive of the days of service (or within thirty (30) days after the service is .complete if this summons is not personally delivered to you within the State of Ne.w York). You are hereby notified that should you fail to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. Dated: 05/02/19 PRESSLER, FELT & WARSHAW, LLP Attorneys for Plaintiff 305 Broadway 9th Floor New York, NY 10007 (516)222-7929 [X] By: Ian Z. Winog d , Esq. .[ ] By: Esq- avid B. arshaw [ ] By: Cr S. Stiller Esq. 2 of 4 Index NO. INDEX #: 000407-2019 000407-2019 FILED: b LIVINGSTON COUNTY CLERK 05/09/2019 08:52 AM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/09/2019 File # C300383 COURT OF YORK - .SUPREME OF THE. STATE NEW COUNTY OF LIVIÑGSTON __________________________________ MIDLAND FUNDING LLC Plaintiff(s) Index No. -against- .COMPLAIM TIMOTHY COLLMER Defendant(s) __________________________________ Plaintiff by its attorney., Pressler, Felt & Warshaw, LLP complaining of the defendant(s) alleges upon information and belief as follows: FIRST CAUSE OF ACTION 1. Plaintiff, MIDLAND FUNDING LLC, is a limited liability company formed under the laws of the state of Delaware and having taken assignment of is owner of WEBBANK (DELL FINANCIAL SERVICES L.L.C.) account number ending in XXXXXXXXXXXXXXX6.032 . COLLMER' 2. TIMOTHY resides within the jurisdictional limits of this court. 3. Plaintiff alleges that TIMOTHY COLLMER is the responsible person for this account. 4. TIMOTHY COLLMER failed to repay the balance owed. on the account, which is in default.. 5. The account was assigned from the original creditor WEBBANK (DELL FINANCIAL SERVICES L..L..,C.) to DELL FINANCIAL SERVICES L.L.C. and then to MIDLAND FUNDING LLC, the present assignee. 6. The cause of action asserted herein accrued on or abóut April 14-, 2016, the governing law being the state of Utah. 7. The date of last payment is on lor abóut April 14, 2016. 8. Upon information and belief, the statute of limitations for the cause of action asserted herein is 4 years and therefore has not expired. 9. There is now due and owing the plaintiff, as the assignee of the account, from TIMOTHY COLLMER , the s.um of $2,825.54. 3 of 4 Index NO. INDEX #: 000407-2019 000407-2019 FILED: LIVINGSTON COUNTY CLERK 05/09/2019 08:52 AM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/09/2019 WHEREFORE, Plaintiff demands judgment against TIMOTHY COLLMER for the sum .of $2,825.54 .plus costs and disbursements of this action and for such further and other reliWf as the Court deems just and proper. Dated: 05/02/19 PRESSLER, FELT & WARSHAW, LLP Attorneys for Plaintiff 305 Broadway 9th Floor New York, NY 100.07 (516)222-7929 [X] By Ian Z. Wi d , .Escj. avid . Warshaw Esq. raig S. Stiller Esq. THIS COMMUNICATION IS FROM A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED. WILL BE USED FOR THAT PURPOSE. 4 of 4