On May 13, 2021 a
Complaint,Petition
was filed
involving a dispute between
Lvnv Funding Llc,
and
Kevin Gibbs,
for Other Matters - Consumer Credit (Card) Debt Buyer Plaintiff
in the District Court of Oswego County.
Preview
FILED: OSWEGO COUNTY CLERK 05/13/2021 12:35 PM INDEX NO. EFC-2021-0676
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/13/2021
SUPREME COURT OF THE STATE OF NEW YORK CONSUMER CREDIT TRANSACTION
COUNTY OF OSWEGO Our File No. RC15630
Court Index No.
LVNV FUNDING LLC Date Purchased:
SUMMONS
Plaintiff Plaintiff's address:
-against-
55 Beattie Place, Suite 110
Kevin Gibbs Greenville, SC 29601
1111|l111111111111111111111111111111111111111
Defendant (s)
111111111lll1111111111111111111111111111
111111111111111111111111111111111111111111111111111111111111
111111111111111ll11111111
The basis of venue is:
The defendant(s) reside in the State of New York, County of OSWEGO
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 ifthe 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: May 5, 2021
KIRSCHENBAU PHILLIPS, P.C.
Attorneys for n ff
BY:
J TA SZYMANSKA
40 Daniel Stre , Suite 7
P.O. Box 9000
Farmingdale, NY 11735-9000
(516) 746-1144
Defendant (s) Address:
212 Cole Rd Mexico NY 13114-3158
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: OSWEGO COUNTY CLERK 05/13/2021 12:35 PM INDEX NO. EFC-2021-0676
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/13/2021
SUPREME COURT OF THE STATE OF NEW YORK Our File No. RC15630
COUNTY OF OSWEGO
LVNV FUNDING LLC
Court Index No.
Plaintiff COMPLAINT
-against-
Kevin Gibbs ************7883
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 November 27, 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 $1,380.47 as of September 29, 2019.
6. Plaintiff is the purchaser of this account where the original account number ended in
************7883 and is authorized to proceed with this action. The date on which the balance herein
became due was September 29, 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. November 8, 2019 [original creditor and date of sale/assignment]
Sherman Originator Ill LLC November 8, 2019 [debt seller and date of sale/assignment]
Sherman Originator LLC November 8, 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 ci ed above.
WHEREFORE, plaintiff demands d ment against the defendant(s) for the sum of $1,380.47 with
interest from September 29, 2019, t her with costs and disbursements.
5/5/21 KIRSCHENBAUM & PHILLIPS, P.C.
( Attorneys for Plaintiff
JOLA SZYMANSKA 40 Daniel Suite 7
Street,
P.O. Box 9000
Farmingdale, NY 11735-9000
(516) 746-1144
2 of 2
Document Filed Date
May 13, 2021
Case Filing Date
May 13, 2021
Category
Other Matters - Consumer Credit (Card) Debt Buyer Plaintiff
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FILED: OSWEGO COUNTY CLERK 05/13/2021 12:35 PM INDEX NO. EFC-2021-0676 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/13/2021 SUPREME COURT OF THE STATE OF NEW YORK CONSUMER CREDIT TRANSACTION COUNTY OF OSWEGO Our File No. RC15630 Court Index No. LVNV FUNDING LLC Date Purchased: SUMMONS Plaintiff Plaintiff's address: -against- 55 Beattie Place, Suite 110 Kevin Gibbs Greenville, SC 29601 1111|l111111111111111111111111111111111111111 Defendant (s) 111111111lll1111111111111111111111111111 111111111111111111111111111111111111111111111111111111111111 111111111111111ll11111111 The basis of venue is: The defendant(s) reside in the State of New York, County of OSWEGO 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 ifthe 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: May 5, 2021 KIRSCHENBAU PHILLIPS, P.C. Attorneys for n ff BY: J TA SZYMANSKA 40 Daniel Stre , Suite 7 P.O. Box 9000 Farmingdale, NY 11735-9000 (516) 746-1144 Defendant (s) Address: 212 Cole Rd Mexico NY 13114-3158 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: OSWEGO COUNTY CLERK 05/13/2021 12:35 PM INDEX NO. EFC-2021-0676 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/13/2021 SUPREME COURT OF THE STATE OF NEW YORK Our File No. RC15630 COUNTY OF OSWEGO LVNV FUNDING LLC Court Index No. Plaintiff COMPLAINT -against- Kevin Gibbs ************7883 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 November 27, 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 $1,380.47 as of September 29, 2019. 6. Plaintiff is the purchaser of this account where the original account number ended in ************7883 and is authorized to proceed with this action. The date on which the balance herein became due was September 29, 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. November 8, 2019 [original creditor and date of sale/assignment] Sherman Originator Ill LLC November 8, 2019 [debt seller and date of sale/assignment] Sherman Originator LLC November 8, 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 ci ed above. WHEREFORE, plaintiff demands d ment against the defendant(s) for the sum of $1,380.47 with interest from September 29, 2019, t her with costs and disbursements. 5/5/21 KIRSCHENBAUM & PHILLIPS, P.C. ( Attorneys for Plaintiff JOLA SZYMANSKA 40 Daniel Suite 7 Street, P.O. Box 9000 Farmingdale, NY 11735-9000 (516) 746-1144 2 of 2