On July 23, 2021 a
Complaint,Petition
was filed
involving a dispute between
Lvnv Funding Llc,
and
Kasey Toal,
for Other Matters - Consumer Credit (Card) Debt Buyer Plaintiff
in the District Court of Genesee County.
Preview
FILED: GENESEE COUNTY CLERK 07/23/2021 12:26 PM INDEX NO. E69284
SUPREME
NYSCEF DOC. COURT
NO. 1 OF THE STATE OF NEW YORK INDEX # RECEIVED NYSCEF: V
07/23/2021 V
COUNTY OF GENESEE SUMMONS
------------------------------------------------
LVNV FUNDING LLC PLAINTIFF'S ADDRESS
PLAINTIFF, 6801 S CIMARRON 424J
LAS VEGAS NV 89113
- AGAINST - X
DEFENDANT'S ADDRESSES
KASEY TOAL 9877 COLBY RD
DEFENDANT(S). CORFU NY 14036-9554
------------------------------------------------
CONSUMER CREDIT TRANSACTION
THE BASIS OF THE VENUE IS:
A DEFENDANT RESIDES IN THE COUNTY OF GENESEE
THE TRANSACTION TOOK PLACE IN THE COUNTY OF GENESEE
TO THE ABOVE NAMED DEFENDANT(S): KASEY TOAL
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 13 DAY OF JULY , 2021
FORSTER & GARBUS LLP
FILE NO. ATTORNEY(S) FOR PLAINTIFF
Q64685384803 60 MOTOR PARKWAY
ORIG CRED: CREDIT ONE BANK, N.A. COMMACK, NY 11725
ORIG ACCT# END IN: 9675 (631) 393-9400
NOTE: THE LAW PROVIDES THAT:
(A) IF THIS SUMMONS IS SERVED BY ITS DELIVERY TO YOU PERSONALLY WITHIN
THE COUNTY OF GENESEE 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 GENESEE , OR BY PUBLI-
CATION, OR BY ANY MEANS OTHER THAN PERSONAL DELIVERY TO YOU WITHIN THE
COUNTY OF GENESEE YOU ARE ALLOWED 30 DAYS AFTER SERVICE IS COMPLETE
WITHIN WHICH TO APPEAR AND ANSWER.
1 of 2
FILED: GENESEE COUNTY CLERK 07/23/2021 12:26 PM INDEX NO. E69284
SUPREME
NYSCEF DOC. COURT
NO. 1 OF THE STATE OF NEW YORK RECEIVED NYSCEF: 07/23/2021
COUNTY OF GENESEE FORMAL COMPLAINT
------------------------------------------------
LVNV FUNDING LLC
PLAINTIFF,
- AGAINST -
KASEY TOAL
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. ON INFORMATION AND BELIEF THE DEFENDANT IN PERSON OR THROUGH
AN AGENT MADE PURCHASES UNDER A CREDIT AGREEMENT
AT DEFENDANT'S REQUEST - A COPY OF WHICH WAS FURNISHED TO
DEFENDANT. PLAINTIFF, AS PURCHASER OF THIS ACCOUNT, WHICH WAS ORIGINALLY
OWNED BY THE BELOW CREDITOR, PURCHASED IT FOR VALUE. THE DEFENDANT WAS NOTIFIED
OF SAME.
3. THERE REMAINS AN AGREED BALANCE ON SAID ACCOUNT OF $ 1,805.17 ,DUE AND
OWING ON PLAINTIFF'S CAUSE OF ACTION. NO PART OF SAID SUM HAS BEEN PAID ALTHOUGH
DULY DEMANDED.
4. DEFENDANT(S) IS IN DEFAULT AND DEMAND FOR PAYMENT HAS BEEN MADE.
CHAIN OF TITLE:
LVNV Funding LLC who purchased this account from Sherman Originator LLC on
08/20/2019 who purchased this account from Sherman Originator III LLC on
08/20/2019 who purchased this account from MHC Receivables, LLC and FNBM,LLC on
08/20/2019 who purchased this account from Credit One Bank, N.A. on 07/31/2019.
DEFAULT DATE 01/14/2019. ORIGINAL ACCOUNT NUMBER ENDING IN: 9675
ORIGINAL CREDITOR: CREDIT ONE BANK, N.A.
ON INFORMATION AND BELIEF THE CAUSES OF ACTION ASSERTED THEREIN ARE NOT
OUTSIDE OF THE APPLICABLE STATUTE OF LIMITATIONS FOR ENFORCING THE DEBT.
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
1,805.17
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 13 DAY OF JULY , 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
Q64685384803 2 of 2
Document Filed Date
July 23, 2021
Case Filing Date
July 23, 2021
Category
Other Matters - Consumer Credit (Card) Debt Buyer Plaintiff
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FILED: GENESEE COUNTY CLERK 07/23/2021 12:26 PM INDEX NO. E69284 SUPREME NYSCEF DOC. COURT NO. 1 OF THE STATE OF NEW YORK INDEX # RECEIVED NYSCEF: V 07/23/2021 V COUNTY OF GENESEE SUMMONS ------------------------------------------------ LVNV FUNDING LLC PLAINTIFF'S ADDRESS PLAINTIFF, 6801 S CIMARRON 424J LAS VEGAS NV 89113 - AGAINST - X DEFENDANT'S ADDRESSES KASEY TOAL 9877 COLBY RD DEFENDANT(S). CORFU NY 14036-9554 ------------------------------------------------ CONSUMER CREDIT TRANSACTION THE BASIS OF THE VENUE IS: A DEFENDANT RESIDES IN THE COUNTY OF GENESEE THE TRANSACTION TOOK PLACE IN THE COUNTY OF GENESEE TO THE ABOVE NAMED DEFENDANT(S): KASEY TOAL 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 13 DAY OF JULY , 2021 FORSTER & GARBUS LLP FILE NO. ATTORNEY(S) FOR PLAINTIFF Q64685384803 60 MOTOR PARKWAY ORIG CRED: CREDIT ONE BANK, N.A. COMMACK, NY 11725 ORIG ACCT# END IN: 9675 (631) 393-9400 NOTE: THE LAW PROVIDES THAT: (A) IF THIS SUMMONS IS SERVED BY ITS DELIVERY TO YOU PERSONALLY WITHIN THE COUNTY OF GENESEE 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 GENESEE , OR BY PUBLI- CATION, OR BY ANY MEANS OTHER THAN PERSONAL DELIVERY TO YOU WITHIN THE COUNTY OF GENESEE YOU ARE ALLOWED 30 DAYS AFTER SERVICE IS COMPLETE WITHIN WHICH TO APPEAR AND ANSWER. 1 of 2 FILED: GENESEE COUNTY CLERK 07/23/2021 12:26 PM INDEX NO. E69284 SUPREME NYSCEF DOC. COURT NO. 1 OF THE STATE OF NEW YORK RECEIVED NYSCEF: 07/23/2021 COUNTY OF GENESEE FORMAL COMPLAINT ------------------------------------------------ LVNV FUNDING LLC PLAINTIFF, - AGAINST - KASEY TOAL 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. ON INFORMATION AND BELIEF THE DEFENDANT IN PERSON OR THROUGH AN AGENT MADE PURCHASES UNDER A CREDIT AGREEMENT AT DEFENDANT'S REQUEST - A COPY OF WHICH WAS FURNISHED TO DEFENDANT. PLAINTIFF, AS PURCHASER OF THIS ACCOUNT, WHICH WAS ORIGINALLY OWNED BY THE BELOW CREDITOR, PURCHASED IT FOR VALUE. THE DEFENDANT WAS NOTIFIED OF SAME. 3. THERE REMAINS AN AGREED BALANCE ON SAID ACCOUNT OF $ 1,805.17 ,DUE AND OWING ON PLAINTIFF'S CAUSE OF ACTION. NO PART OF SAID SUM HAS BEEN PAID ALTHOUGH DULY DEMANDED. 4. DEFENDANT(S) IS IN DEFAULT AND DEMAND FOR PAYMENT HAS BEEN MADE. CHAIN OF TITLE: LVNV Funding LLC who purchased this account from Sherman Originator LLC on 08/20/2019 who purchased this account from Sherman Originator III LLC on 08/20/2019 who purchased this account from MHC Receivables, LLC and FNBM,LLC on 08/20/2019 who purchased this account from Credit One Bank, N.A. on 07/31/2019. DEFAULT DATE 01/14/2019. ORIGINAL ACCOUNT NUMBER ENDING IN: 9675 ORIGINAL CREDITOR: CREDIT ONE BANK, N.A. ON INFORMATION AND BELIEF THE CAUSES OF ACTION ASSERTED THEREIN ARE NOT OUTSIDE OF THE APPLICABLE STATUTE OF LIMITATIONS FOR ENFORCING THE DEBT. 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 1,805.17 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 13 DAY OF JULY , 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 Q64685384803 2 of 2