On January 22, 2020 a
Complaint,Petition
was filed
involving a dispute between
Credit Acceptance Corporation,
and
Rexford Gens,
Sheila Gens,
for Other Matters - Contract - Other
in the District Court of Chautauqua County.
Preview
FILED: CHAUTAUQUA COUNTY CLERK 01/22/2020 04:09 PM INDEX NO. EK12020000121
SUPREME
NYSCEF DOC. COURT
NO. 1 OF THE STATE OF NEW YORK INDEX # RECEIVED NYSCEF: V
01/22/2020 V
COUNTY OF CHAUTAUQUA SUMMONS
------------------------------------------------
CREDIT ACCEPTANCE CORPORATION PLAINTIFF'S ADDRESS
PLAINTIFF, 25505 W TWELVE MILE
SOUTHFIELD MI 48034
- AGAINST - X
DEFENDANT'S ADDRESSES
REXFORD GENS 60 LAKE AVE
SHEILA GENS DEFENDANT(S). BROCTON NY 14716-9752
------------------------------------------------
CONSUMER CREDIT TRANSACTION CODEF- 60 LAKE AVE
BROCTON NY 14716-9752
THE BASIS OF THE VENUE IS:
A DEFENDANT RESIDES IN THE COUNTY OF CHAUTAUQUA
THE TRANSACTION TOOK PLACE IN THE COUNTY OF CHAUTAUQUA
TO THE ABOVE NAMED DEFENDANT(S): REXFORD GENS
SHEILA GENS
YOU ARE HEREBY SUMMONED TO ANSWER THE COMPLAINT IN THIS ACTION AND TO
SERVE A COPY OF YOUR ANSWER 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 SERVICE IS COMPLETE IF THIS
SUMMONS IS NOT PERSONALLY DELIVERED TO YOU WITHIN THE STATE OF NEW YORK).
UPON YOUR FAILURE TO ANSWER, JUDGMENT WILL BE TAKEN AGAINST YOU FOR THE
RELIEF DEMANDED IN THE COMPLAINT, TOGETHER WITH THE DISBURSEMENTS OF
THIS ACTION.
DATED THE 15 DAY OF JANUARY , 2020
FORSTER & GARBUS LLP
FILE NO. ATTORNEY(S) FOR PLAINTIFF
3AA86424187 60 MOTOR PARKWAY
COMMACK, NY 11725
ORIG ACCT# END IN: 4187 (631) 393-9400
NOTE: THE LAW PROVIDES THAT:
(A) IF THIS SUMMONS IS SERVED BY ITS DELIVERY TO YOU PERSONALLY WITHIN
THE COUNTY OF CHAUTAUQUA YOU MUST APPEAR AND ANSWER WITHIN 20 DAYS AFTER
SUCH SERVICE: OR
(B) IF THIS SUMMONS IS SERVED BY DELIVERY TO ANY PERSON OTHER THAN YOU
PERSONALLY, OR IS SERVED OUTSIDE THE COUNTY OF CHAUTAUQUA , OR BY PUBLI-
CATION, OR BY ANY MEANS OTHER THAN PERSONAL DELIVERY TO YOU WITHIN THE
COUNTY OF CHAUTAUQUA YOU ARE ALLOWED 30 DAYS AFTER SERVICE IS COMPLETE
WITHIN WHICH TO APPEAR AND ANSWER.
1 of 2
FILED: CHAUTAUQUA COUNTY CLERK 01/22/2020 04:09 PM INDEX NO. EK12020000121
SUPREME
NYSCEF DOC. COURT
NO. 1 OF THE STATE OF NEW YORK RECEIVED NYSCEF: 01/22/2020
COUNTY OF CHAUTAUQUA FORMAL COMPLAINT
------------------------------------------------
CREDIT ACCEPTANCE CORPORATION
PLAINTIFF,
- AGAINST -
REXFORD GENS
SHEILA GENS DEFENDANT(S).
------------------------------------------------
PLAINTIFF, BY ITS ATTORNEY(S), COMPLAINING OF THE DEFENDANT(S), UPON
INFORMATION AND BELIEF, ALLEGES:
1. THAT THE DEFENDANT(S) RESIDES IN THE COUNTY IN WHICH THIS ACTION IS
BROUGHT; OR THAT THE DEFENDANT(S) TRANSACTED BUSINESS WITHIN THE COUNTY
IN WHICH THIS ACTION IS BROUGHT IN PERSON OR THROUGH HIS AGENT AND THAT
THE INSTANT CAUSE OF ACTION AROSE OUT OF SAID TRANSACTION
2. DEFENDANT(S), FOR VALUE, ENTERED INTO A RETAIL INSTALLMENT CONTRACT FOR THE
PURCHASE OF A VEHICLE, BEARING ACCOUNT NUMBER XXXX4187.
3. THE CONTRACT WAS ASSIGNED TO CREDIT ACCEPTANCE CORPORATION.
4. DEFENDANT(S) FAILED TO MAKE THE MONTHLY PAYMENTS AND ALL SUMS DUE HAVE BEEN
DECLARED DUE AND PAYABLE.
5. THERE REMAINS A BALANCE ON SAID ACCOUNT OF $ 6,959.43 DUE AND UNPAID
ALTHOUGH DULY DEMANDED.
6. DEFENDANT(S) IS IN DEFAULT AND DEMAND FOR PAYMENT HAS BEEN MADE.
THERE IS NOW DUE PLAINTIFF FROM DEFENDANT(S) THE AMOUNT SET FORTH IN
THE COMPLAINT, NO PART OF WHICH HAS BEEN PAID, ALTHOUGH DULY DEMANDED.
WHEREFORE, PLAINTIFF DEMANDS JUDGMENT AGAINST DEFENDANT(S) FOR THE SUM OF
6,959.43 WITH INTEREST THEREON FROM THE 18 DAY OF OCTOBER , 2019,
TOGETHER WITH THE DISBURSEMENTS OF THIS ACTION
WE ARE DEBT COLLECTORS; ANY FORSTER & GARBUS LLP
INFORMATION OBTAINED WILL BE USED ATTORNEY(S) FOR PLAINTIFF
IN ATTEMPTING TO COLLECT THIS DEBT. 60 MOTOR PARKWAY
COMMACK, NY 11725
DATED: THE 15 DAY OF JANUARY , 2020
_____________________________________________________
TESS E. GUNTHER TARAH JORDAN JOSEPH MATZA
PURSUANT TO PART 130-1.1-a OF THE RULES OF THE
CHIEF ADMINISTRATOR THIS SIGNATURE APPLIES
TO THE ATTACHED SUMMONS AND COMPLAINT
3AA86424187 2 of 2
Document Filed Date
January 22, 2020
Case Filing Date
January 22, 2020
Category
Other Matters - Contract - Other
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FILED: CHAUTAUQUA COUNTY CLERK 01/22/2020 04:09 PM INDEX NO. EK12020000121 SUPREME NYSCEF DOC. COURT NO. 1 OF THE STATE OF NEW YORK INDEX # RECEIVED NYSCEF: V 01/22/2020 V COUNTY OF CHAUTAUQUA SUMMONS ------------------------------------------------ CREDIT ACCEPTANCE CORPORATION PLAINTIFF'S ADDRESS PLAINTIFF, 25505 W TWELVE MILE SOUTHFIELD MI 48034 - AGAINST - X DEFENDANT'S ADDRESSES REXFORD GENS 60 LAKE AVE SHEILA GENS DEFENDANT(S). BROCTON NY 14716-9752 ------------------------------------------------ CONSUMER CREDIT TRANSACTION CODEF- 60 LAKE AVE BROCTON NY 14716-9752 THE BASIS OF THE VENUE IS: A DEFENDANT RESIDES IN THE COUNTY OF CHAUTAUQUA THE TRANSACTION TOOK PLACE IN THE COUNTY OF CHAUTAUQUA TO THE ABOVE NAMED DEFENDANT(S): REXFORD GENS SHEILA GENS YOU ARE HEREBY SUMMONED TO ANSWER THE COMPLAINT IN THIS ACTION AND TO SERVE A COPY OF YOUR ANSWER 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 SERVICE IS COMPLETE IF THIS SUMMONS IS NOT PERSONALLY DELIVERED TO YOU WITHIN THE STATE OF NEW YORK). UPON YOUR FAILURE TO ANSWER, JUDGMENT WILL BE TAKEN AGAINST YOU FOR THE RELIEF DEMANDED IN THE COMPLAINT, TOGETHER WITH THE DISBURSEMENTS OF THIS ACTION. DATED THE 15 DAY OF JANUARY , 2020 FORSTER & GARBUS LLP FILE NO. ATTORNEY(S) FOR PLAINTIFF 3AA86424187 60 MOTOR PARKWAY COMMACK, NY 11725 ORIG ACCT# END IN: 4187 (631) 393-9400 NOTE: THE LAW PROVIDES THAT: (A) IF THIS SUMMONS IS SERVED BY ITS DELIVERY TO YOU PERSONALLY WITHIN THE COUNTY OF CHAUTAUQUA YOU MUST APPEAR AND ANSWER WITHIN 20 DAYS AFTER SUCH SERVICE: OR (B) IF THIS SUMMONS IS SERVED BY DELIVERY TO ANY PERSON OTHER THAN YOU PERSONALLY, OR IS SERVED OUTSIDE THE COUNTY OF CHAUTAUQUA , OR BY PUBLI- CATION, OR BY ANY MEANS OTHER THAN PERSONAL DELIVERY TO YOU WITHIN THE COUNTY OF CHAUTAUQUA YOU ARE ALLOWED 30 DAYS AFTER SERVICE IS COMPLETE WITHIN WHICH TO APPEAR AND ANSWER. 1 of 2 FILED: CHAUTAUQUA COUNTY CLERK 01/22/2020 04:09 PM INDEX NO. EK12020000121 SUPREME NYSCEF DOC. COURT NO. 1 OF THE STATE OF NEW YORK RECEIVED NYSCEF: 01/22/2020 COUNTY OF CHAUTAUQUA FORMAL COMPLAINT ------------------------------------------------ CREDIT ACCEPTANCE CORPORATION PLAINTIFF, - AGAINST - REXFORD GENS SHEILA GENS DEFENDANT(S). ------------------------------------------------ PLAINTIFF, BY ITS ATTORNEY(S), COMPLAINING OF THE DEFENDANT(S), UPON INFORMATION AND BELIEF, ALLEGES: 1. THAT THE DEFENDANT(S) RESIDES IN THE COUNTY IN WHICH THIS ACTION IS BROUGHT; OR THAT THE DEFENDANT(S) TRANSACTED BUSINESS WITHIN THE COUNTY IN WHICH THIS ACTION IS BROUGHT IN PERSON OR THROUGH HIS AGENT AND THAT THE INSTANT CAUSE OF ACTION AROSE OUT OF SAID TRANSACTION 2. DEFENDANT(S), FOR VALUE, ENTERED INTO A RETAIL INSTALLMENT CONTRACT FOR THE PURCHASE OF A VEHICLE, BEARING ACCOUNT NUMBER XXXX4187. 3. THE CONTRACT WAS ASSIGNED TO CREDIT ACCEPTANCE CORPORATION. 4. DEFENDANT(S) FAILED TO MAKE THE MONTHLY PAYMENTS AND ALL SUMS DUE HAVE BEEN DECLARED DUE AND PAYABLE. 5. THERE REMAINS A BALANCE ON SAID ACCOUNT OF $ 6,959.43 DUE AND UNPAID ALTHOUGH DULY DEMANDED. 6. DEFENDANT(S) IS IN DEFAULT AND DEMAND FOR PAYMENT HAS BEEN MADE. THERE IS NOW DUE PLAINTIFF FROM DEFENDANT(S) THE AMOUNT SET FORTH IN THE COMPLAINT, NO PART OF WHICH HAS BEEN PAID, ALTHOUGH DULY DEMANDED. WHEREFORE, PLAINTIFF DEMANDS JUDGMENT AGAINST DEFENDANT(S) FOR THE SUM OF 6,959.43 WITH INTEREST THEREON FROM THE 18 DAY OF OCTOBER , 2019, TOGETHER WITH THE DISBURSEMENTS OF THIS ACTION WE ARE DEBT COLLECTORS; ANY FORSTER & GARBUS LLP INFORMATION OBTAINED WILL BE USED ATTORNEY(S) FOR PLAINTIFF IN ATTEMPTING TO COLLECT THIS DEBT. 60 MOTOR PARKWAY COMMACK, NY 11725 DATED: THE 15 DAY OF JANUARY , 2020 _____________________________________________________ TESS E. GUNTHER TARAH JORDAN JOSEPH MATZA PURSUANT TO PART 130-1.1-a OF THE RULES OF THE CHIEF ADMINISTRATOR THIS SIGNATURE APPLIES TO THE ATTACHED SUMMONS AND COMPLAINT 3AA86424187 2 of 2