On February 03, 2021 a
Answer
was filed
involving a dispute between
Portfolio Recovery Associates,Llc,
and
Joseph Wilmer,
for Other Matters - Consumer Credit (Card) Debt Buyer Plaintiff
in the District Court of Madison County.
Preview
FILED: MADISON COUNTY CLERK 03/05/2021 09:42 AM INDEX NO. EF2021-1094
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 03/05/2021
FILED IN
MADISON COUNTY CLERK'S OFFICE
STATE OF NEW YORK 2021 9:42 AM
Friday, March 5
SUPREME COURT COUNTY OF MADISON
PORTFOI IO RECOVERY ASSOCIATES, LLC
Plaintiff Index Number: EF2021-1094
-against- ANSWER
JOSEPH WILMER
Defendant
Defendant Joseph Wilmer (hereinafter Defendant), for his answer to the Complaint
in the above-captioned action responds as follows:
1. LACKS KNOWLEDGE OR INFORMATION SUFFICIENT to form a belief as to
"1,"
paragraph of Plaintiffs Complaint.
"2,"3," "4"
2. DENIES each and every allegation contained in paragraphs and of
Plaintiff's Complaint.
3. DENIES those remaining allegations contained within the Complaint that were not
otherwise heretofore specifically admitted, denied or responded to.
AS AND FOR A FIRST AFFIRMATIVE DEFENSE
"1"
4. Defendant repeats and realleges the allegations contained in paragraphs through
"3"
above, as if set forth fully herein.
5. Defendant denies the existence of an account stated, the absence of any agreement
between the parties made subsequent to the transacuun conctiwing the account.
AS AND FOR A SECOND AFFIRMATIVE DEFENSE
"1"
6. Defendant repeats and realleges the allegations contained in paragraphs through
"5"
above, as if set forth fully herein.
7. Plaintiff s Complaint fails to state a cause of action upon which relief may be granted.
AS AND FOR A THIRD AFFIRMATIVE DEFENSE
"1"
8..Defendant repeats and realleges the allegations contained in paragraphs through
"7"
above, as if set forth fully herein.
9. Plaintiff lacks personal jurisdiction over the Defendant.
AS AND FOR A FORTH AFFIRMATIVE DEFENSE
"1"
10. Defeñdañt repeats and realleges the allegations contained in paragraphs through
"9"
above, as if set forth fully herein.
11. Plaintiff admits to purchasing the defaulted debt allegedly owned by the Defendant,
causing Plaintiff s injury to its own self, therefore Plaintiff is barred from seeking relief for
damages.
AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
en=+= ned "1"
12. Defendant repeats and realleges the allegations in paragraphs through
"11"
above as if fully set forth herein.
1 of 2
FILED: MADISON COUNTY CLERK 03/05/2021 09:42 AM INDEX NO. EF2021-1094
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 03/05/2021
13.Upon information and belief, Plaintiff is not licensed by the Department of Consumer
Affairs as a Debt Collector, and Plaintiff does not allege its license number, in its Complaint.
WHEREFORE, Defendant requests a judgment in his favor and against the Plaintiff,
dismissing Plaintiff's Complaint in its entirety, granting Defendant judgment in an amount
equivalent to his costs and expenditüres related to defending this action, and for such other and
further relief as to the Court may seem just and proper.
Defêñdâñt reserves the right to amend and/or add additional Answers, Defenses and/or
Counterclaims at a later date.
Dated: February 22, 2021
F1LED IN
MADISON COUNTY CLERK'S OFFICE
foseph R. Wilmer, Defendant
Pro Se Friday, March 5, 2021 9:42 AM
1870 Larkin St.
Chittenango, NY 13037
2 of 2
Document Filed Date
March 05, 2021
Case Filing Date
February 03, 2021
Category
Other Matters - Consumer Credit (Card) Debt Buyer Plaintiff
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FILED: MADISON COUNTY CLERK 03/05/2021 09:42 AM INDEX NO. EF2021-1094 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 03/05/2021 FILED IN MADISON COUNTY CLERK'S OFFICE STATE OF NEW YORK 2021 9:42 AM Friday, March 5 SUPREME COURT COUNTY OF MADISON PORTFOI IO RECOVERY ASSOCIATES, LLC Plaintiff Index Number: EF2021-1094 -against- ANSWER JOSEPH WILMER Defendant Defendant Joseph Wilmer (hereinafter Defendant), for his answer to the Complaint in the above-captioned action responds as follows: 1. LACKS KNOWLEDGE OR INFORMATION SUFFICIENT to form a belief as to "1," paragraph of Plaintiffs Complaint. "2,"3," "4" 2. DENIES each and every allegation contained in paragraphs and of Plaintiff's Complaint. 3. DENIES those remaining allegations contained within the Complaint that were not otherwise heretofore specifically admitted, denied or responded to. AS AND FOR A FIRST AFFIRMATIVE DEFENSE "1" 4. Defendant repeats and realleges the allegations contained in paragraphs through "3" above, as if set forth fully herein. 5. Defendant denies the existence of an account stated, the absence of any agreement between the parties made subsequent to the transacuun conctiwing the account. AS AND FOR A SECOND AFFIRMATIVE DEFENSE "1" 6. Defendant repeats and realleges the allegations contained in paragraphs through "5" above, as if set forth fully herein. 7. Plaintiff s Complaint fails to state a cause of action upon which relief may be granted. AS AND FOR A THIRD AFFIRMATIVE DEFENSE "1" 8..Defendant repeats and realleges the allegations contained in paragraphs through "7" above, as if set forth fully herein. 9. Plaintiff lacks personal jurisdiction over the Defendant. AS AND FOR A FORTH AFFIRMATIVE DEFENSE "1" 10. Defeñdañt repeats and realleges the allegations contained in paragraphs through "9" above, as if set forth fully herein. 11. Plaintiff admits to purchasing the defaulted debt allegedly owned by the Defendant, causing Plaintiff s injury to its own self, therefore Plaintiff is barred from seeking relief for damages. AS AND FOR A FIFTH AFFIRMATIVE DEFENSE en=+= ned "1" 12. Defendant repeats and realleges the allegations in paragraphs through "11" above as if fully set forth herein. 1 of 2 FILED: MADISON COUNTY CLERK 03/05/2021 09:42 AM INDEX NO. EF2021-1094 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 03/05/2021 13.Upon information and belief, Plaintiff is not licensed by the Department of Consumer Affairs as a Debt Collector, and Plaintiff does not allege its license number, in its Complaint. WHEREFORE, Defendant requests a judgment in his favor and against the Plaintiff, dismissing Plaintiff's Complaint in its entirety, granting Defendant judgment in an amount equivalent to his costs and expenditüres related to defending this action, and for such other and further relief as to the Court may seem just and proper. Defêñdâñt reserves the right to amend and/or add additional Answers, Defenses and/or Counterclaims at a later date. Dated: February 22, 2021 F1LED IN MADISON COUNTY CLERK'S OFFICE foseph R. Wilmer, Defendant Pro Se Friday, March 5, 2021 9:42 AM 1870 Larkin St. Chittenango, NY 13037 2 of 2