On July 17, 2020 a
Complaint,Petition
was filed
involving a dispute between
Midland Credit Management Inc,
and
Thomas P Switzer,
for Other Matters - Consumer Credit (Card) Debt Buyer Plaintiff
in the District Court of Schuyler County.
Preview
FILED: SCHUYLER COUNTY CLERK 07/17/2020 03:44 PM INDEX NO. e2020-0067
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/17/2020
File # S356183
CONSUMER CREDIT TRANSACTION
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SCHUYLER
_________________________________
MIDLAND CREDIT MANAGEMENT, INC.
Plaintiff, Index No.
-against-
SUMMONS
THOMAS P SWITZER
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:
5295 GROVER RD
ODESSA, NY 148699765
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: 02/18/2020 PRESSLER, FELT & WARSHAW, LLP
Attorneys for Plaintiff
305 Broadway 9th Floor
Ne Yor 90 T
(5 4773 -7 9
'
av d B. WJrshaw , Esq.
[ ] By:
Ian Z. Winograd Esq.
[ ] By:
Steven P. Bann Esq.
[ ] By:
Craig S. Stiller Esc.
1 of 3
FILED: SCHUYLER COUNTY CLERK 07/17/2020 03:44 PM INDEX NO. e2020-0067
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/17/2020
File # S356183
SUPREME COURT OF THE STATE OF NEW YORK - COUNTY OF SCHUYLER
__________________________________
MIDLAND CREDIT MANAGEMENT, INC.
Plaintiff(s) Index No.
-against- COMPLAINT
THOMAS P SWITZER
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 having and taken assignment of is owner of
COMENITY BANK (POTTERY BARN) account number ending in
XXXXXXXXXXXXXX2612 .
2. THOMAS P SWITZER resides within the jurisdictional limits
of this court.
3. Plaintiff alleges that THOMAS P SWITZER is the
responsible person for this account.
4. THOMAS P SWITZER failed to repay the balance owed on the
account, which is in default.
5. The account was assigned from the original creditor,
COMENITY BANK (POTTERY BARN) to MIDLAND CREDIT
MANAGEMENT, the present assignee.
6. The date of last payment is on or about September 25,
2018.
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 THOMAS P SWITZER the sum of
$3,557.45.
2 of 3
FILED: SCHUYLER COUNTY CLERK 07/17/2020 03:44 PM INDEX NO. e2020-0067
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/17/2020
WHEREFORE, Plaintiff demands judgment against THOMAS P SWITZER
for the sum of $3,557.45 plus costs and disbursements of this
action and for such further and other relief as the Court deems
just and proper.
Dated: 02/18/2020 PRESSLER, FELT & WARSHAW, LLP
Attorneys for Plaintiff
305 Br ay 9th Floor
New Y rk, N 0007
(516)2 2-792
[X] By:
B. Warshaw , Esq.
[ ] By:
Ian Z. Winograd Esq.
[ ] By:
Steven P. Bann Esq.
[ ] By:
Craig S. Stiller Esq.
THIS COMMUNICATION I$ FROM A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A
DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
3 of 3
Document Filed Date
July 17, 2020
Case Filing Date
July 17, 2020
Category
Other Matters - Consumer Credit (Card) Debt Buyer Plaintiff
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FILED: SCHUYLER COUNTY CLERK 07/17/2020 03:44 PM INDEX NO. e2020-0067 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/17/2020 File # S356183 CONSUMER CREDIT TRANSACTION SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SCHUYLER _________________________________ MIDLAND CREDIT MANAGEMENT, INC. Plaintiff, Index No. -against- SUMMONS THOMAS P SWITZER 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: 5295 GROVER RD ODESSA, NY 148699765 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: 02/18/2020 PRESSLER, FELT & WARSHAW, LLP Attorneys for Plaintiff 305 Broadway 9th Floor Ne Yor 90 T (5 4773 -7 9 ' av d B. WJrshaw , Esq. [ ] By: Ian Z. Winograd Esq. [ ] By: Steven P. Bann Esq. [ ] By: Craig S. Stiller Esc. 1 of 3 FILED: SCHUYLER COUNTY CLERK 07/17/2020 03:44 PM INDEX NO. e2020-0067 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/17/2020 File # S356183 SUPREME COURT OF THE STATE OF NEW YORK - COUNTY OF SCHUYLER __________________________________ MIDLAND CREDIT MANAGEMENT, INC. Plaintiff(s) Index No. -against- COMPLAINT THOMAS P SWITZER 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 having and taken assignment of is owner of COMENITY BANK (POTTERY BARN) account number ending in XXXXXXXXXXXXXX2612 . 2. THOMAS P SWITZER resides within the jurisdictional limits of this court. 3. Plaintiff alleges that THOMAS P SWITZER is the responsible person for this account. 4. THOMAS P SWITZER failed to repay the balance owed on the account, which is in default. 5. The account was assigned from the original creditor, COMENITY BANK (POTTERY BARN) to MIDLAND CREDIT MANAGEMENT, the present assignee. 6. The date of last payment is on or about September 25, 2018. 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 THOMAS P SWITZER the sum of $3,557.45. 2 of 3 FILED: SCHUYLER COUNTY CLERK 07/17/2020 03:44 PM INDEX NO. e2020-0067 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/17/2020 WHEREFORE, Plaintiff demands judgment against THOMAS P SWITZER for the sum of $3,557.45 plus costs and disbursements of this action and for such further and other relief as the Court deems just and proper. Dated: 02/18/2020 PRESSLER, FELT & WARSHAW, LLP Attorneys for Plaintiff 305 Br ay 9th Floor New Y rk, N 0007 (516)2 2-792 [X] By: B. Warshaw , Esq. [ ] By: Ian Z. Winograd Esq. [ ] By: Steven P. Bann Esq. [ ] By: Craig S. Stiller Esq. THIS COMMUNICATION I$ FROM A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 3 of 3