Preview
FILED: MONROE COUNTY CLERK 01/20/2021 05:12 PM INDEX NO. E2021000533
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/20/2021
MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT.
Receipt # 2605488
Book Page CIVIL
Return To: No. Pages: 5
MITCHELL G. SLAMOWITZ
199 Crossways Park Drive Instrument: EFILING INDEX NUMBER
Woodbury, NY 11797
Control #: 202101201351
Index #: E2021000533
Date: 01/20/2021
Midland Credit Management, Inc Time: 6:05:32 PM
BRIGGS, JEFF S
State Fee Index Number $165.00
County Fee Index Number $26.00
State Fee Cultural Education $14.25
State Fee Records $4.75 Employee: MJ
Management
Total Fees Paid: $210.00
State of New York
MONROE COUNTY CLERK’S OFFICE
WARNING – THIS SHEET CONSTITUTES THE CLERKS
ENDORSEMENT, REQUIRED BY SECTION 317-a(5) &
SECTION 319 OF THE REAL PROPERTY LAW OF THE
STATE OF NEW YORK. DO NOT DETACH OR REMOVE.
JAMIE ROMEO
MONROE COUNTY CLERK
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INDEX NO. E2021000533
FILED: MONROE COUNTY CLERK 01/20/2021 05:12 PM
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/20/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF MONROE
Plaintiff designates MONROE County as
MIDLAND CREDIT MANAGEMENT, INC the place of trial;the defendant resides in
MONROE County
PLAINTIFF,
INDEX NUMBER:
-AGA1NST- PURCHASE DATE:
S&S FILE NO. C597282
JEFF S BRIGGS
DEFENDANT. SUMMONS
Plaintiffs address: 350 CAMINO DE LA
REINA, STE 100
SAN DIEGO, CA 92108
The Basis of the Venue is Defendant's
Residence
CONSUMER CREDIT TRANSACTION
TO THE ABOVE NAMED DEFENDANT(S):
YOU ARE HEREBY SUMMONED to answer the complaint in thisaction and
to serve a copy of your answer, or, ifthe coraplaiñt is not served with this summons, to serve a
notice of appearance, on the plaintiffs attorney within 20 days afterthe service of thissummons,
exclusive of the day of service (orwithin 30 days after the service is complete ifthis summons is
not personally delivered to you within the stateof New York); and in case of your failureto
appear or answer, judgment will be taken against you by default for the relief demanded in the
complaint, together with the costs of this action.
Dated: January 19, 2021
Selip & Stylianou, LLP
Attorneys forplaintiff
P.O. Box 9004, 199 Crossways Park Dr.,Woodbury, NY 11797-9004
(516) 364-6006 ext. 8991; (866) 848-8975 ext. 8991; TTY/TRS: (516) 422-8500
Refer to S&S File No. C597282
Defendant to be served: JEFF S BRIGGS, 97 CLOSE HOLLOW DR, HAMLIN, NY 14464
This c:nrunication is from a debt collector and is an attempt to collect a debt. Any
information obtained will be used for that purpose.
By:
JOSEPH RANALDO ESQ.
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202101201351 01/20/2021 06:05:32 PM CI 202101201351
INDEX NO. E2021000533
FILED: MONROE COUNTY CLERK 01/20/2021 05:12 PM
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/20/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF MONROE
MIDLAND CREDIT MANAGEMENT, INC
PLAINTIFF, INDEX NUMBER:
-AGA1NST- S&S FILE NO. C597282
JEFF S BRIGGS COMPLAINT
DEFENDANT.
Plaintiff,by its attorneys, complaining of the Defendant(s), respectfully alleges that:
1. Plaintiff
isa foreign corporation licensedto transactbusiness in New York.
2. Upon information and belief,the Defcñdañt(s) residesor has an officein thecounty in which
thisaction is brought, or theDefendant(s) transacted business within the county in which thisaction is
brought, eitherin person or through an agent and the instantcause of action arose out ofsaid transa on
3. Based upon a reasonable inquiry,the Statute of Lirñitatiansfor thecause of actionasserted
hereinhas not expired.
FACTS
4. predecessor
Plaintiff's in interest,CAPITAL ONE BAN K (USA), N.A. (hereinafter
"Original Creditor"),offered to open an account, account no. ending in 9129 (hcrciñafter the "Account"), in
Defcñdañt's name on October 04, 2008, subjectto theterms and canditions provided, or made availablein
electronicformat, to theDefendant (the "Agreement").
5. Defendant accepted the offerby using the Account.
6. Defendant defaulted by failingto repay theAccount balance. The Defendant's lastpayment
was received on or about April 17, 2020 in theamount of $100.00.
7. Demand for payment of theAccount was made on Defendant, but Defendant failedto make
allthe requiredpayments, and as a resultthe Account was charged off on May 25, 2020 in the amount of
$3,316.15.
8. The OriginalCreditor sold theAccount, including allright,titleand interestin and tothe
outstanding balance owed by Defcñdant. Plaintiffpurchased the Account on or about June 16, 2020 and is
now the owner and assignee of theAccount.
AS AND FOR A FIRST CAUSE OF ACTION
9. Plaintiff
repeats and re-alleges each and every allegation cantained in theforegoing
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202101201351 01/201202i 06:05:32 PM CI 202101201351
INDEX NO. E2021000533
FILED: MONROE COUNTY CLERK 01/20/2021 05:12 PM
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/20/2021
paragraphs as ifmore fullyset forthherein.
10. As a resultof Defendst's breach of theAgreement, and aftercrediting Defendant for all
payments and credits,there isnow due and owing by Defendant to Plaintiffthe sum of$3,316.15, no part
of which has been paid despite due demed therefor.
WHEREFORE, Plaintiffdemands judgment against Defendant(s) in theamount of $3,316.15 together
with costs and disbursements.
The undersigned attorney hereby certifies
that,to thebest of his/herknowledge, information and belief,
formed afteran inquiry masonable under the circumstances, the presentation of thewithin cempkint and
the ce..icat:6nstherein are notfrivolous as defined in part130-1.1(c) of therules of theChief
Adminisùator.
Dated: JANUARY 19,2021
YOURS, .
By:
JOSEPH RANALDO ESQ.
Selip & Stylianou, LLP, Attorneys for Plaintiff
199 Crossways Park Drive, Woodbury, NY 11797-9004
(516) 686-8991; (866) 848-8975 ext.8991;
S&S File No. C597282
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202101201351 01/20/2021 06:05:32 PM CI 202101201351
INDEX NO. E2021000533
FILED: MONROE COUNTY CLERK 01/20/2021 05:12 PM
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/20/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF MONROE
Midland Credit Management, Inc
PLAINTIFF,
-AGA1NST-
INDEX NUMBER:
JEFF S BRIGGS S&S FILE NO. C597282
DEFENDANT.
NOTICE OF COMMENCEMENT OF ACTION SUBJECT TO MANDATORY ELECTRONIC FILING
PLEASE TAKE NOTICE that the matter captioned above, which has been commenced by the filing
of the accompanying documents with the County Clerk via the New York State Courts Electronic Filing
System ("NYSCEF"), is subject to mandatory electronic filing 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.
Counsel and/or parties must either: 1) immediately record their representation within the e-filed
matter on the Consent/Represent page in NYSCEF; or 2) file the Notice of Opt-Out form to claim one of
the limited exemptions from mandatory e-filing (see below). Failure to record representation may result
in an inability to receive electronic notice of any document filings. Claiming an exemption will require
the exempt party to serve and be served with hard copy documents.
Counsel and unrepresented parties who intend to participate in e-filing must first create a NYSCEF
account and obtain a userID and password. For additional information about electronic filing, and to
create a NYSCEF account, visitthe NYSCEF website at www.nycourts.gov/efile or contact the
NYSCEF Resource Center (phone: 646-386-3033; e-mail: efile@nycourts.gov; mailing address: 60
Centre Street, New York, New York 10007).
Exemptions from mandatory e-filing (Section 202.5-bb(e)) are limited to:
1) 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 operational
knowledge to comply with e-filing requirements; and
2) parties who expect to represent themselves and who choose not to participate in e-filing. (Such
parties are encouraged to visit www.nycourthelp.gov or contact the Help Center in the court where the
action is pending.)
Dated: January 19, 2021
Selip & Stylianou, LLP
By: JOSEPH RANALDO ESQ., Attorney for Plaintiff
P.O. Box 9004, 199 Crossways Park Drive, Woodbury, NY 11797-9004
(516) 686-8991; (800) 293-6006 ext. 8991;
To: JEFF S BRIGGS, 97 CLOSE HOLLOW DR, HAMLIN, NY 14464
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Preview
FILED: MONROE COUNTY CLERK 01/20/2021 05:12 PM INDEX NO. E2021000533 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/20/2021 MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT. Receipt # 2605488 Book Page CIVIL Return To: No. Pages: 5 MITCHELL G. SLAMOWITZ 199 Crossways Park Drive Instrument: EFILING INDEX NUMBER Woodbury, NY 11797 Control #: 202101201351 Index #: E2021000533 Date: 01/20/2021 Midland Credit Management, Inc Time: 6:05:32 PM BRIGGS, JEFF S State Fee Index Number $165.00 County Fee Index Number $26.00 State Fee Cultural Education $14.25 State Fee Records $4.75 Employee: MJ Management Total Fees Paid: $210.00 State of New York MONROE COUNTY CLERK’S OFFICE WARNING – THIS SHEET CONSTITUTES THE CLERKS ENDORSEMENT, REQUIRED BY SECTION 317-a(5) & SECTION 319 OF THE REAL PROPERTY LAW OF THE STATE OF NEW YORK. DO NOT DETACH OR REMOVE. JAMIE ROMEO MONROE COUNTY CLERK 1 of 5 202101201351 01/20/2021 06:05:32 PM CI 202101201351 INDEX NO. E2021000533 FILED: MONROE COUNTY CLERK 01/20/2021 05:12 PM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/20/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF MONROE Plaintiff designates MONROE County as MIDLAND CREDIT MANAGEMENT, INC the place of trial;the defendant resides in MONROE County PLAINTIFF, INDEX NUMBER: -AGA1NST- PURCHASE DATE: S&S FILE NO. C597282 JEFF S BRIGGS DEFENDANT. SUMMONS Plaintiffs address: 350 CAMINO DE LA REINA, STE 100 SAN DIEGO, CA 92108 The Basis of the Venue is Defendant's Residence CONSUMER CREDIT TRANSACTION TO THE ABOVE NAMED DEFENDANT(S): YOU ARE HEREBY SUMMONED to answer the complaint in thisaction and to serve a copy of your answer, or, ifthe coraplaiñt is not served with this summons, to serve a notice of appearance, on the plaintiffs attorney within 20 days afterthe service of thissummons, exclusive of the day of service (orwithin 30 days after the service is complete ifthis summons is not personally delivered to you within the stateof New York); and in case of your failureto appear or answer, judgment will be taken against you by default for the relief demanded in the complaint, together with the costs of this action. Dated: January 19, 2021 Selip & Stylianou, LLP Attorneys forplaintiff P.O. Box 9004, 199 Crossways Park Dr.,Woodbury, NY 11797-9004 (516) 364-6006 ext. 8991; (866) 848-8975 ext. 8991; TTY/TRS: (516) 422-8500 Refer to S&S File No. C597282 Defendant to be served: JEFF S BRIGGS, 97 CLOSE HOLLOW DR, HAMLIN, NY 14464 This c:nrunication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. By: JOSEPH RANALDO ESQ. .inniiis::::::1:IIII!!!!!!!!!!!!!!!!gillgl 11Il|llllllll11111111111111111111111111iiig11 III jjj!!!!!!|l!llill!l!Illigiiiiiilii!!!!!|"|:1::: iliululiiiiiiiiiilliiillill||:|:||||||||||||||||||| -- -Miiiiiiiilliiiiii Illill1111Iliiit!::::::::::::::::•iiiisi.iiiii . ..:::.:::::z ........._:::: --: ....m............. 2 of 5 202101201351 01/20/2021 06:05:32 PM CI 202101201351 INDEX NO. E2021000533 FILED: MONROE COUNTY CLERK 01/20/2021 05:12 PM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/20/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF MONROE MIDLAND CREDIT MANAGEMENT, INC PLAINTIFF, INDEX NUMBER: -AGA1NST- S&S FILE NO. C597282 JEFF S BRIGGS COMPLAINT DEFENDANT. Plaintiff,by its attorneys, complaining of the Defendant(s), respectfully alleges that: 1. Plaintiff isa foreign corporation licensedto transactbusiness in New York. 2. Upon information and belief,the Defcñdañt(s) residesor has an officein thecounty in which thisaction is brought, or theDefendant(s) transacted business within the county in which thisaction is brought, eitherin person or through an agent and the instantcause of action arose out ofsaid transa on 3. Based upon a reasonable inquiry,the Statute of Lirñitatiansfor thecause of actionasserted hereinhas not expired. FACTS 4. predecessor Plaintiff's in interest,CAPITAL ONE BAN K (USA), N.A. (hereinafter "Original Creditor"),offered to open an account, account no. ending in 9129 (hcrciñafter the "Account"), in Defcñdañt's name on October 04, 2008, subjectto theterms and canditions provided, or made availablein electronicformat, to theDefendant (the "Agreement"). 5. Defendant accepted the offerby using the Account. 6. Defendant defaulted by failingto repay theAccount balance. The Defendant's lastpayment was received on or about April 17, 2020 in theamount of $100.00. 7. Demand for payment of theAccount was made on Defendant, but Defendant failedto make allthe requiredpayments, and as a resultthe Account was charged off on May 25, 2020 in the amount of $3,316.15. 8. The OriginalCreditor sold theAccount, including allright,titleand interestin and tothe outstanding balance owed by Defcñdant. Plaintiffpurchased the Account on or about June 16, 2020 and is now the owner and assignee of theAccount. AS AND FOR A FIRST CAUSE OF ACTION 9. Plaintiff repeats and re-alleges each and every allegation cantained in theforegoing 3 of 5 202101201351 01/201202i 06:05:32 PM CI 202101201351 INDEX NO. E2021000533 FILED: MONROE COUNTY CLERK 01/20/2021 05:12 PM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/20/2021 paragraphs as ifmore fullyset forthherein. 10. As a resultof Defendst's breach of theAgreement, and aftercrediting Defendant for all payments and credits,there isnow due and owing by Defendant to Plaintiffthe sum of$3,316.15, no part of which has been paid despite due demed therefor. WHEREFORE, Plaintiffdemands judgment against Defendant(s) in theamount of $3,316.15 together with costs and disbursements. The undersigned attorney hereby certifies that,to thebest of his/herknowledge, information and belief, formed afteran inquiry masonable under the circumstances, the presentation of thewithin cempkint and the ce..icat:6nstherein are notfrivolous as defined in part130-1.1(c) of therules of theChief Adminisùator. Dated: JANUARY 19,2021 YOURS, . By: JOSEPH RANALDO ESQ. Selip & Stylianou, LLP, Attorneys for Plaintiff 199 Crossways Park Drive, Woodbury, NY 11797-9004 (516) 686-8991; (866) 848-8975 ext.8991; S&S File No. C597282 4 of 5 202101201351 01/20/2021 06:05:32 PM CI 202101201351 INDEX NO. E2021000533 FILED: MONROE COUNTY CLERK 01/20/2021 05:12 PM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/20/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF MONROE Midland Credit Management, Inc PLAINTIFF, -AGA1NST- INDEX NUMBER: JEFF S BRIGGS S&S FILE NO. C597282 DEFENDANT. NOTICE OF COMMENCEMENT OF ACTION SUBJECT TO MANDATORY ELECTRONIC FILING PLEASE TAKE NOTICE that the matter captioned above, which has been commenced by the filing of the accompanying documents with the County Clerk via the New York State Courts Electronic Filing System ("NYSCEF"), is subject to mandatory electronic filing 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. Counsel and/or parties must either: 1) immediately record their representation within the e-filed matter on the Consent/Represent page in NYSCEF; or 2) file the Notice of Opt-Out form to claim one of the limited exemptions from mandatory e-filing (see below). Failure to record representation may result in an inability to receive electronic notice of any document filings. Claiming an exemption will require the exempt party to serve and be served with hard copy documents. Counsel and unrepresented parties who intend to participate in e-filing must first create a NYSCEF account and obtain a userID and password. For additional information about electronic filing, and to create a NYSCEF account, visitthe NYSCEF website at www.nycourts.gov/efile or contact the NYSCEF Resource Center (phone: 646-386-3033; e-mail: efile@nycourts.gov; mailing address: 60 Centre Street, New York, New York 10007). Exemptions from mandatory e-filing (Section 202.5-bb(e)) are limited to: 1) 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 operational knowledge to comply with e-filing requirements; and 2) parties who expect to represent themselves and who choose not to participate in e-filing. (Such parties are encouraged to visit www.nycourthelp.gov or contact the Help Center in the court where the action is pending.) Dated: January 19, 2021 Selip & Stylianou, LLP By: JOSEPH RANALDO ESQ., Attorney for Plaintiff P.O. Box 9004, 199 Crossways Park Drive, Woodbury, NY 11797-9004 (516) 686-8991; (800) 293-6006 ext. 8991; To: JEFF S BRIGGS, 97 CLOSE HOLLOW DR, HAMLIN, NY 14464 5 of 5