On January 21, 2021 a
Complaint,Petition
was filed
involving a dispute between
Lvnv Funding Llc,
and
Gbryon Mcquilkin,
for Other Matters - Consumer Credit (Card) Debt Buyer Plaintiff
in the District Court of Seneca County.
Preview
FILED: SENECA COUNTY CLERK 01/21/2021 02:06 PM INDEX NO. 20210028
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/21/2021
SUPREME COURT OF THE STATE OF NEW YORK CONSUMER CREDIT TRANSACTION
COUNTY OF SENECA Our File No. RC12220
Court Index No.
LVNV FUNDING LLC Date Purchased:
SUMMONS
Plaintiff Plaintiff's address:
-against-
55 Beattie Place, Suite 110
Gbryon McQuilkin Greenville, SC 29601
1111|l111111111111111111111111111111111111111
Defendant (s)
111111111111111111||l|111111111IIIIIIIll
llll1111Il11111ll111111111111111111ll111111111I1111Il1111111
1111111111111111111111111
The basis of venue is:
The defendant(s) reside in the State of New York, County of SENECA
To the above named defendant (s):
PLEASE TAKE NOTICE THAT YOU ARE HEREBY SUMMONED
to answer the complaint of the Plaintiff herein and to serve a copy of your answer on the Plaintiff at the
address indicated below within 20 days after service of this Summons (not counting the date of service
itself), or within 30 days after service is complete if the Summons is not delivered personally to you within
the State of New York.
YOU ARE HEREBY NOTIFIED THAT should you fail to answer, a judgment will be entered against you by
default for the relief demanded in the complaint.
Dated: December 30, 2020
KIRSCHENBAUM & PHILLIPS, P.C.
Attorneys for Plaintiff
BY:
T RRI ltKtNSDN
40 Daniel Street, Suite 7
P.O. Box 9000
Farmingdale, NY 11735-9000
(516) 746-1144
Defendant (s) Address:
12 Stewart St Waterloo NY 13165-1621
WE ARE DEBT COLLECTORS-THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE.
1 of 2
FILED: SENECA COUNTY CLERK 01/21/2021 02:06 PM INDEX NO. 20210028
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/21/2021
SUPREME COURT OF THE STATE OF NEW YORK Our File No. RC12220
COUNTY OF SENECA
LVNV FUNDING LLC Court Index No.
Plaintiff COMPLAINT
-against-
Gbryon McQuilkin ************9440
Defendant (s)
Plaintiff, by its attorneys, complaining of the defendant(s), respectfully alleges:
1. Plaintiff is a limited liability company. Plaintiff is licensed as a debt collector by the New York City
Department of Consumer Affairs, license number 1326179.
2. That the defendant(s) resides in the county in which this action is brought.
3. On information and belief the causes of action asserted herein are not outside the applicable statute of
limitations. The date of default on this account was July 23, 2018.
FOR A FIRST CAUSE OF ACTION
4. The defendant(s) heretofore entered into a credit card agreement with the original creditor, Credit One
Bank, N.A..
5. Under the terms of the agreement the defendant(s) were authorized to, and did make, charges purchases
and/or obtained cash advances and were obligated to repay the same together with applicable interest however,
defendant(s) defaulted in making payments as they became due leaving a final balance due and owing of
$1,044.38 as of January 24, 2019.
6. Plaintiff is the purchaser of this account where the original account number ended in ************9440 and is
authorized to proceed with this action. The date on which the balance herein became due was January 24, 2019
and the Chain of Title, with the date of each sale or assignment of the account, is as follows:
Credit One Bank, N.A. January 31, 2019 [original creditor and date of sale/assignment]
MHC Receivables, LLC and FNBM, LLC February 14, 2019 [debt seller and date of sale/assignment]
Sherman Originator III LLC February 14, 2019 [debt seller and date of sale/assignment]
Sherman Originator LLC February 14, 2019 [debt seller and date of sale/assignment]
7. Defendant(s) is/are liable to plaintiff as a result of defendant(s) breach of agreement.
FOR A SECOND CAUSE OF ACTION
8. That heretofore, plaintiff, or the assignor, rendered to defendant(s) monthly, full, just and true accounts of
the indebtedness due and owing by defendant(s) as a result of the aforesaid transaction, which is the sum set forth
above, and said statements were delivered to defendant(s) without objection, resulting in an account stated for the
amount claimed above.
WHEREFORE, plaintiff demands judgment against the defendant(s) for the sum of $1,044.38 with interest from
January 24, 2019, together with costs and disbursements.
12/30/20 KIRSCHENBAUM & PHILLIPS, P.C.
Attorneys for Plaintiff
E I ILKIh 40 Daniel Street, Suite 7
P.O. Box 9000
Farmingdale, NY 11735-9000
(516) 746-1144
2 of 2
Document Filed Date
January 21, 2021
Case Filing Date
January 21, 2021
Category
Other Matters - Consumer Credit (Card) Debt Buyer Plaintiff
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FILED: SENECA COUNTY CLERK 01/21/2021 02:06 PM INDEX NO. 20210028 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/21/2021 SUPREME COURT OF THE STATE OF NEW YORK CONSUMER CREDIT TRANSACTION COUNTY OF SENECA Our File No. RC12220 Court Index No. LVNV FUNDING LLC Date Purchased: SUMMONS Plaintiff Plaintiff's address: -against- 55 Beattie Place, Suite 110 Gbryon McQuilkin Greenville, SC 29601 1111|l111111111111111111111111111111111111111 Defendant (s) 111111111111111111||l|111111111IIIIIIIll llll1111Il11111ll111111111111111111ll111111111I1111Il1111111 1111111111111111111111111 The basis of venue is: The defendant(s) reside in the State of New York, County of SENECA To the above named defendant (s): PLEASE TAKE NOTICE THAT YOU ARE HEREBY SUMMONED to answer the complaint of the Plaintiff herein and to serve a copy of your answer on the Plaintiff at the address indicated below within 20 days after service of this Summons (not counting the date of service itself), or within 30 days after service is complete if the Summons is not delivered personally to you within the State of New York. YOU ARE HEREBY NOTIFIED THAT should you fail to answer, a judgment will be entered against you by default for the relief demanded in the complaint. Dated: December 30, 2020 KIRSCHENBAUM & PHILLIPS, P.C. Attorneys for Plaintiff BY: T RRI ltKtNSDN 40 Daniel Street, Suite 7 P.O. Box 9000 Farmingdale, NY 11735-9000 (516) 746-1144 Defendant (s) Address: 12 Stewart St Waterloo NY 13165-1621 WE ARE DEBT COLLECTORS-THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 1 of 2 FILED: SENECA COUNTY CLERK 01/21/2021 02:06 PM INDEX NO. 20210028 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/21/2021 SUPREME COURT OF THE STATE OF NEW YORK Our File No. RC12220 COUNTY OF SENECA LVNV FUNDING LLC Court Index No. Plaintiff COMPLAINT -against- Gbryon McQuilkin ************9440 Defendant (s) Plaintiff, by its attorneys, complaining of the defendant(s), respectfully alleges: 1. Plaintiff is a limited liability company. Plaintiff is licensed as a debt collector by the New York City Department of Consumer Affairs, license number 1326179. 2. That the defendant(s) resides in the county in which this action is brought. 3. On information and belief the causes of action asserted herein are not outside the applicable statute of limitations. The date of default on this account was July 23, 2018. FOR A FIRST CAUSE OF ACTION 4. The defendant(s) heretofore entered into a credit card agreement with the original creditor, Credit One Bank, N.A.. 5. Under the terms of the agreement the defendant(s) were authorized to, and did make, charges purchases and/or obtained cash advances and were obligated to repay the same together with applicable interest however, defendant(s) defaulted in making payments as they became due leaving a final balance due and owing of $1,044.38 as of January 24, 2019. 6. Plaintiff is the purchaser of this account where the original account number ended in ************9440 and is authorized to proceed with this action. The date on which the balance herein became due was January 24, 2019 and the Chain of Title, with the date of each sale or assignment of the account, is as follows: Credit One Bank, N.A. January 31, 2019 [original creditor and date of sale/assignment] MHC Receivables, LLC and FNBM, LLC February 14, 2019 [debt seller and date of sale/assignment] Sherman Originator III LLC February 14, 2019 [debt seller and date of sale/assignment] Sherman Originator LLC February 14, 2019 [debt seller and date of sale/assignment] 7. Defendant(s) is/are liable to plaintiff as a result of defendant(s) breach of agreement. FOR A SECOND CAUSE OF ACTION 8. That heretofore, plaintiff, or the assignor, rendered to defendant(s) monthly, full, just and true accounts of the indebtedness due and owing by defendant(s) as a result of the aforesaid transaction, which is the sum set forth above, and said statements were delivered to defendant(s) without objection, resulting in an account stated for the amount claimed above. WHEREFORE, plaintiff demands judgment against the defendant(s) for the sum of $1,044.38 with interest from January 24, 2019, together with costs and disbursements. 12/30/20 KIRSCHENBAUM & PHILLIPS, P.C. Attorneys for Plaintiff E I ILKIh 40 Daniel Street, Suite 7 P.O. Box 9000 Farmingdale, NY 11735-9000 (516) 746-1144 2 of 2