On June 04, 2021 a
Complaint,Petition
was filed
involving a dispute between
Jefferson Capital Systems, Llc,
and
Gene W Rhode,
for Other Matters - Consumer Credit (Non-Card) Transaction
in the District Court of Chemung County.
Preview
FILED: CHEMUNG COUNTY CLERK 06/04/2021 12:38 PM INDEX NO. 2021-5568
SUPREME
NYSCEF DOC. COURT
NO. 1 OF THE STATE OF NEW YORK INDEX # RECEIVED NYSCEF: V
06/04/2021 V
COUNTY OF CHEMUNG SUMMONS
------------------------------------------------
JEFFERSON CAPITAL SYSTEMS, LLC PLAINTIFF'S ADDRESS
PLAINTIFF, 16 MCLELAND RD
ST CLOUD MN 56303
- AGAINST - X
DEFENDANT'S ADDRESSES
GENE W RHODE 3155 LAKE RD
DEFENDANT(S). HORSEHEADS NY 14845-3117
------------------------------------------------
CONSUMER CREDIT TRANSACTION
THE BASIS OF THE VENUE IS:
A DEFENDANT RESIDES IN THE COUNTY OF CHEMUNG
THE TRANSACTION TOOK PLACE IN THE COUNTY OF CHEMUNG
TO THE ABOVE NAMED DEFENDANT(S): GENE W RHODE
YOU ARE HEREBY SUMMONED TO ANSWER THE COMPLAINT IN THIS ACTION AND TO
SERVE A COPY OF YOUR ANSWER ON THE PLAINTIFF'S ATTORNEY(S) WITHIN
20 DAYS AFTER THE SERVICE OF THIS SUMMONS, EXCLUSIVE OF THE DAY OF
SERVICE (OR WITHIN 30 DAYS AFTER THE SERVICE IS COMPLETE IF THIS
SUMMONS IS NOT PERSONALLY DELIVERED TO YOU WITHIN THE STATE OF NEW YORK).
UPON YOUR FAILURE TO ANSWER, JUDGMENT WILL BE TAKEN AGAINST YOU FOR THE
RELIEF DEMANDED IN THE COMPLAINT, TOGETHER WITH THE DISBURSEMENTS OF
THIS ACTION.
DATED THE 12 DAY OF MAY , 2021
FORSTER & GARBUS LLP
FILE NO. ATTORNEY(S) FOR PLAINTIFF
FZPR709800 60 MOTOR PARKWAY
ORIG CRED: SANTANDER CONSUMER USA COMMACK, NY 11725
ORIG ACCT# END IN: 1000 (631) 393-9400
NOTE: THE LAW PROVIDES THAT:
(A) IF THIS SUMMONS IS SERVED BY ITS DELIVERY TO YOU PERSONALLY WITHIN
THE COUNTY OF CHEMUNG YOU MUST APPEAR AND ANSWER WITHIN 20 DAYS AFTER
SUCH SERVICE: OR
(B) IF THIS SUMMONS IS SERVED BY DELIVERY TO ANY PERSON OTHER THAN YOU
PERSONALLY, OR IS SERVED OUTSIDE THE COUNTY OF CHEMUNG , OR BY PUBLI-
CATION, OR BY ANY MEANS OTHER THAN PERSONAL DELIVERY TO YOU WITHIN THE
COUNTY OF CHEMUNG YOU ARE ALLOWED 30 DAYS AFTER SERVICE IS COMPLETE
WITHIN WHICH TO APPEAR AND ANSWER.
1 of 2
FILED: CHEMUNG COUNTY CLERK 06/04/2021 12:38 PM INDEX NO. 2021-5568
SUPREME
NYSCEF DOC. COURT
NO. 1 OF THE STATE OF NEW YORK RECEIVED NYSCEF: 06/04/2021
COUNTY OF CHEMUNG FORMAL COMPLAINT
------------------------------------------------
JEFFERSON CAPITAL SYSTEMS, LLC
PLAINTIFF,
- AGAINST -
GENE W RHODE
DEFENDANT(S).
------------------------------------------------
PLAINTIFF, BY ITS ATTORNEY(S), COMPLAINING OF THE DEFENDANT(S), UPON
INFORMATION AND BELIEF, ALLEGES:
1. THAT THE DEFENDANT(S) RESIDES IN THE COUNTY IN WHICH THIS ACTION IS
BROUGHT; OR THAT THE DEFENDANT(S) TRANSACTED BUSINESS WITHIN THE COUNTY
IN WHICH THIS ACTION IS BROUGHT IN PERSON OR THROUGH HIS AGENT AND THAT
THE INSTANT CAUSE OF ACTION AROSE OUT OF SAID TRANSACTION
2. DEFENDANT(S), FOR VALUE, ENTERED A WRITTEN RETAIL INSTALLMENT CONTRACT OR
CLOSED END MOTOR VEHICLE LEASE AGREEMENT, NOW OWNED BY PLAINTIFF.
3. DEFENDANT(S) FAILED TO MAKE THE MONTHLY PAYMENTS AND ALL SUMS DUE HAVE BEEN
DECLARED DUE AND PAYABLE.
4. THERE REMAINS AN AGREED BALANCE ON SAID ACCOUNT OF $ 4,318.10 DUE AND
UNPAID ALTHOUGH DULY DEMANDED.
5. DEFENDANT(S) IS IN DEFAULT AND DEMAND FOR PAYMENT HAS BEEN MADE.
CHAIN OF TITLE:
JEFFERSON CAPITAL SYSTEMS, LLC who purchased this account from SANTANDER
CONSUMER USA on 08/28/2019.
2ND CAUSE/ACTION:PLAINTIFF STATED AN ACCOUNT TO DEFENDANT WITHOUT OBJECTION
THAT THERE IS NOW DUE PLAINTIFF FROM DEFENDANT(S) THE AMOUNT SET FORTH IN
THE COMPLAINT, NO PART OF WHICH HAS BEEN PAID, ALTHOUGH DULY DEMANDED.
WHEREFORE, PLAINTIFF DEMANDS JUDGMENT AGAINST DEFENDANT(S) FOR THE SUM OF
4,318.10
TOGETHER WITH THE DISBURSEMENTS OF THIS ACTION
WE ARE DEBT COLLECTORS; ANY FORSTER & GARBUS LLP
INFORMATION OBTAINED WILL BE USED ATTORNEY(S) FOR PLAINTIFF
IN ATTEMPTING TO COLLECT THIS DEBT. 60 MOTOR PARKWAY
COMMACK, NY 11725
DATED: THE 12 DAY OF MAY , 2021
_____________________________________________________
TESS E. GUNTHER ANNETTE T. ALTMAN MICHAEL FLORIO
PURSUANT TO PART 130-1.1-a OF THE RULES OF THE
CHIEF ADMINISTRATOR THIS SIGNATURE APPLIES
TO THE ATTACHED SUMMONS AND COMPLAINT
FZPR709800 2 of 2
Document Filed Date
June 04, 2021
Case Filing Date
June 04, 2021
Category
Other Matters - Consumer Credit (Non-Card) Transaction
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FILED: CHEMUNG COUNTY CLERK 06/04/2021 12:38 PM INDEX NO. 2021-5568 SUPREME NYSCEF DOC. COURT NO. 1 OF THE STATE OF NEW YORK INDEX # RECEIVED NYSCEF: V 06/04/2021 V COUNTY OF CHEMUNG SUMMONS ------------------------------------------------ JEFFERSON CAPITAL SYSTEMS, LLC PLAINTIFF'S ADDRESS PLAINTIFF, 16 MCLELAND RD ST CLOUD MN 56303 - AGAINST - X DEFENDANT'S ADDRESSES GENE W RHODE 3155 LAKE RD DEFENDANT(S). HORSEHEADS NY 14845-3117 ------------------------------------------------ CONSUMER CREDIT TRANSACTION THE BASIS OF THE VENUE IS: A DEFENDANT RESIDES IN THE COUNTY OF CHEMUNG THE TRANSACTION TOOK PLACE IN THE COUNTY OF CHEMUNG TO THE ABOVE NAMED DEFENDANT(S): GENE W RHODE YOU ARE HEREBY SUMMONED TO ANSWER THE COMPLAINT IN THIS ACTION AND TO SERVE A COPY OF YOUR ANSWER ON THE PLAINTIFF'S ATTORNEY(S) WITHIN 20 DAYS AFTER THE SERVICE OF THIS SUMMONS, EXCLUSIVE OF THE DAY OF SERVICE (OR WITHIN 30 DAYS AFTER THE SERVICE IS COMPLETE IF THIS SUMMONS IS NOT PERSONALLY DELIVERED TO YOU WITHIN THE STATE OF NEW YORK). UPON YOUR FAILURE TO ANSWER, JUDGMENT WILL BE TAKEN AGAINST YOU FOR THE RELIEF DEMANDED IN THE COMPLAINT, TOGETHER WITH THE DISBURSEMENTS OF THIS ACTION. DATED THE 12 DAY OF MAY , 2021 FORSTER & GARBUS LLP FILE NO. ATTORNEY(S) FOR PLAINTIFF FZPR709800 60 MOTOR PARKWAY ORIG CRED: SANTANDER CONSUMER USA COMMACK, NY 11725 ORIG ACCT# END IN: 1000 (631) 393-9400 NOTE: THE LAW PROVIDES THAT: (A) IF THIS SUMMONS IS SERVED BY ITS DELIVERY TO YOU PERSONALLY WITHIN THE COUNTY OF CHEMUNG YOU MUST APPEAR AND ANSWER WITHIN 20 DAYS AFTER SUCH SERVICE: OR (B) IF THIS SUMMONS IS SERVED BY DELIVERY TO ANY PERSON OTHER THAN YOU PERSONALLY, OR IS SERVED OUTSIDE THE COUNTY OF CHEMUNG , OR BY PUBLI- CATION, OR BY ANY MEANS OTHER THAN PERSONAL DELIVERY TO YOU WITHIN THE COUNTY OF CHEMUNG YOU ARE ALLOWED 30 DAYS AFTER SERVICE IS COMPLETE WITHIN WHICH TO APPEAR AND ANSWER. 1 of 2 FILED: CHEMUNG COUNTY CLERK 06/04/2021 12:38 PM INDEX NO. 2021-5568 SUPREME NYSCEF DOC. COURT NO. 1 OF THE STATE OF NEW YORK RECEIVED NYSCEF: 06/04/2021 COUNTY OF CHEMUNG FORMAL COMPLAINT ------------------------------------------------ JEFFERSON CAPITAL SYSTEMS, LLC PLAINTIFF, - AGAINST - GENE W RHODE DEFENDANT(S). ------------------------------------------------ PLAINTIFF, BY ITS ATTORNEY(S), COMPLAINING OF THE DEFENDANT(S), UPON INFORMATION AND BELIEF, ALLEGES: 1. THAT THE DEFENDANT(S) RESIDES IN THE COUNTY IN WHICH THIS ACTION IS BROUGHT; OR THAT THE DEFENDANT(S) TRANSACTED BUSINESS WITHIN THE COUNTY IN WHICH THIS ACTION IS BROUGHT IN PERSON OR THROUGH HIS AGENT AND THAT THE INSTANT CAUSE OF ACTION AROSE OUT OF SAID TRANSACTION 2. DEFENDANT(S), FOR VALUE, ENTERED A WRITTEN RETAIL INSTALLMENT CONTRACT OR CLOSED END MOTOR VEHICLE LEASE AGREEMENT, NOW OWNED BY PLAINTIFF. 3. DEFENDANT(S) FAILED TO MAKE THE MONTHLY PAYMENTS AND ALL SUMS DUE HAVE BEEN DECLARED DUE AND PAYABLE. 4. THERE REMAINS AN AGREED BALANCE ON SAID ACCOUNT OF $ 4,318.10 DUE AND UNPAID ALTHOUGH DULY DEMANDED. 5. DEFENDANT(S) IS IN DEFAULT AND DEMAND FOR PAYMENT HAS BEEN MADE. CHAIN OF TITLE: JEFFERSON CAPITAL SYSTEMS, LLC who purchased this account from SANTANDER CONSUMER USA on 08/28/2019. 2ND CAUSE/ACTION:PLAINTIFF STATED AN ACCOUNT TO DEFENDANT WITHOUT OBJECTION THAT THERE IS NOW DUE PLAINTIFF FROM DEFENDANT(S) THE AMOUNT SET FORTH IN THE COMPLAINT, NO PART OF WHICH HAS BEEN PAID, ALTHOUGH DULY DEMANDED. WHEREFORE, PLAINTIFF DEMANDS JUDGMENT AGAINST DEFENDANT(S) FOR THE SUM OF 4,318.10 TOGETHER WITH THE DISBURSEMENTS OF THIS ACTION WE ARE DEBT COLLECTORS; ANY FORSTER & GARBUS LLP INFORMATION OBTAINED WILL BE USED ATTORNEY(S) FOR PLAINTIFF IN ATTEMPTING TO COLLECT THIS DEBT. 60 MOTOR PARKWAY COMMACK, NY 11725 DATED: THE 12 DAY OF MAY , 2021 _____________________________________________________ TESS E. GUNTHER ANNETTE T. ALTMAN MICHAEL FLORIO PURSUANT TO PART 130-1.1-a OF THE RULES OF THE CHIEF ADMINISTRATOR THIS SIGNATURE APPLIES TO THE ATTACHED SUMMONS AND COMPLAINT FZPR709800 2 of 2