On September 22, 2020 a
Complaint,Petition
was filed
involving a dispute between
Midland Credit Management Inc,
and
Heather M Clark,
for Other Matters - Consumer Credit (Card) Debt Buyer Plaintiff
in the District Court of Washington County.
Preview
FILED: WASHINGTON COUNTY CLERK 09/22/2020 03:32 PM INDEX NO. EC2020-32082
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/22/2020
File # C315081
CONSUMER CREDIT TRANSACTION
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WASHINGTON
---------------------------------
MIDLAND CREDIT MANAGEMENT, INC.
Plaintiff, Index No.
-against- SUMMONS
HEATHER M CLARK
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:
3924 COUNTY ROUTE 30
SALEM, NY 128654804
YOU ARE HEREBY SUMMONED to answer the complaint in this
action and to serve a 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
New 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: 09/21/2020 PRESSLER, FELT & WARSHAW, LLP
Attorneys for Plaintiff
305 Broadway Suite 802
New York, NY 10007
(516)222-7929
[X] By:
____________________________
Craig S. Stiller , Esq.
[ ] By:____________________________
Ian Z. Winograd Esq.
[ ] By:____________________________
David B. Warshaw Esq.
[ ] By:____________________________
Steven P. Bann Esq.
[ ] By:____________________________
Howard Schachter Esq.
[ ] By:____________________________
Patrick Wong Esq.
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FILED: WASHINGTON COUNTY CLERK 09/22/2020 03:32 PM INDEX NO. EC2020-32082
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/22/2020
File # C315081
SUPREME COURT OF THE STATE OF NEW YORK - COUNTY OF WASHINGTON
----------------------------------
MIDLAND CREDIT MANAGEMENT, INC.
Plaintiff(s) Index No.
-against- COMPLAINT
HEATHER M CLARK
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 CREDIT MANAGEMENT, INC., is a limited
liability company formed under the laws of the State of
Delaware and having taken assignment of is owner of
COMENITY BANK (NEW YORK & COMPANY) account number ending
in 9027.
2. HEATHER M CLARK resides within the jurisdictional limits
of this court.
3. Plaintiff alleges that HEATHER M CLARK is the responsible
person for this account.
4. HEATHER M CLARK failed to repay the balance owed on the
account, which is in default.
5. The debt was assigned from the original creditor COMENITY
BANK (NEW YORK & COMPANY) to Plaintiff.
6. The date of last payment is on or about June 8, 2019.
7. Upon information and belief, the statute of limitations
for the cause of action asserted herein is 3 years and
therefore has not expired.
8. There is now due and owing the Plaintiff, as the assignee
of the account, from HEATHER M CLARK the sum of
$1,491.70.
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FILED: WASHINGTON COUNTY CLERK 09/22/2020 03:32 PM INDEX NO. EC2020-32082
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/22/2020
WHEREFORE, Plaintiff demands judgment against HEATHER M CLARK
for the sum of $1,491.70 plus costs and disbursements of this
action and for such further and other relief as the Court deems
just and proper.
Dated: 09/21/2020 PRESSLER, FELT & WARSHAW, LLP
Attorneys for Plaintiff
305 Broadway Suite 802
New York, NY 10007
(516)222-7929
[X] By:
____________________________
Craig S. Stiller , Esq.
[ ] By:____________________________
Ian Z. Winograd Esq.
[ ] By:____________________________
David B. Warshaw Esq.
[ ] By:____________________________
Steven P. Bann Esq.
[ ] By:____________________________
Howard Schachter Esq.
[ ] By:____________________________
Patrick Wong 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.
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FILED: WASHINGTON COUNTY CLERK 09/22/2020 03:32 PM INDEX NO. EC2020-32082
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/22/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WASHINGTON
------------------------------------------------------------------x
MIDLAND CREDIT MANAGEMENT, INC.
Plaintiff/Petitioner,
- against - Index No.
HEATHER M CLARK
Defendant/Respondent.
------------------------------------------------------------------x
NOTICE OF ELECTRONIC FILING
(Mandatory Case)
(Uniform Rule § 202.5-bb)
You have received this Notice because:
1) The Plaintiff/Petitioner, whose name is listed above, has filed this case using the
New York State Courts E-filing system (“NYSCEF”), and
2) You are a Defendant/Respondent (a party) in this case.
! If you are represented by an attorney:
Give this Notice to your attorney. (Attorneys: see “Information for Attorneys” pg. 2).
! If you are not represented by an attorney:
You will be served with all documents in paper and you must serve and file your
documents in paper, unless you choose to participate in e-filing.
If you choose to participate in e-filing, you must have access to a computer and a
scanner or other device to convert documents into electronic format, a connection
to the internet, and an e-mail address to receive service of documents.
The benefits of participating in e-filing include:
! serving and filing your documents electronically
! free access to view and print your e-filed documents
! limiting your number of trips to the courthouse
! paying any court fees on-line (credit card needed)
To register for e-filing or for more information about how e-filing works:
! visit: www.nycourts.gov/efile-unrepresented or
! contact the Clerk’s Office or Help Center at the court where the case was filed. Court
contact information can be found at www.nycourts.gov
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FILED: WASHINGTON COUNTY CLERK 09/22/2020 03:32 PM INDEX NO. EC2020-32082
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/22/2020
To find legal information to help you represent yourself visit www.nycourthelp.gov
Information for Attorneys
(E-filing is Mandatory for Attorneys)
An attorney representing a party who is served with this notice must either:
1) immediately record his or her representation within the e-filed matter on the
NYSCEF site www.nycourts.gov/efile ; or
2) file the Notice of Opt-Out form with the clerk of the court where this action is
pending and serve on all parties. Exemptions from mandatory e-filing are limited to
attorneys who certify in good faith that they lack the computer hardware and/or
scanner and/or internet connection or that they lack (along with all employees subject
to their direction) the knowledge to operate such equipment. [Section 202.5-bb(e)]
For additional information about electronic filing and to create a NYSCEF account, visit the
NYSCEF website at www.nycourts.gov/efile or contact the NYSCEF Resource Center
(phone: 646-386-3033; e-mail: nyscef@nycourts.gov).
Dated: 09/21/2020
Craig S. Stiller
______________________________ 305 Broadway Suite 802
Name _______________________________
Pressler, Felt & Warshaw, LLP New York, NY 10007
______________________________ _______________________________
Firm Name Address
1-888-312-8600
_______________________________
Phone
Cstiller@pfwattorneys.com
E-Mail
To: HEATHER M CLARK
3924 COUNTY ROUTE 30
SALEM, NY 128654804
PFW File Number C315081 2/24/20
Index # Page5 2
of of 2
5 EFM-1
Document Filed Date
September 22, 2020
Case Filing Date
September 22, 2020
Category
Other Matters - Consumer Credit (Card) Debt Buyer Plaintiff
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