Preview
FILED: WASHINGTON COUNTY CLERK 08/20/2021 10:29 AM INDEX NO. EC2021-33244
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/20/2021
SUPREMECOURTOFTHESTATEOFNEWYORK CONSUMERCREDITTRANSACTION
COUNTYOFWASHINGTON
--------- - - --- - - -- - - - - -- - - - -- - - - -- - - - -- - - - -- - - - - - X SUMMONS
Bank of America, N.A.
Plaintiff, COURT INDEX#:
MJRF#: 02139260
-Against -
THOMAS D CARROLL III Plaintiff's Address:
655 PAPER MILL ROAD
Defendant(s) NEWARK,DE 19711
-------------------------------------------------X
Defendant's Address:
1315 BOGTOWN RD
SALEM,NY 12865
The basis of the venue is:
DEFENDANT RESIDES IN THE COUNTY
TO THE ABOVE NAMED DEFENDANT(S) :
YOU ARE HEREBY SUMMONED
to answer the complaint in this action and to serve a copy of your answer on Plaintiff's
Attorneys within the time provided by law as noted below. In case of your failure to
appear or answer, judgment will be taken against you by default for the relief demanded
in the complaint.
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: AUG 1 7 202t
--
NATHA BARRETO
LLOOLY , JEFFREY , R00NEY & FLYNN LLP
ttorneys for Pl ainti ff
6851 Jericho Tpke, Suite 220
P.0.BOX 9036
Syosset , NY 11791- 9036
(516)656-5300
NOTE:The law provides that:
(a)If this summons is served by its delivery to you personally within the State of New
York you must appear and answer within TWENTY 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 State of New York or by publication,or by any means other than
personal delivery to you within the State of New York, you are allowed THIRTY days after
service is complete to answer.
THIS IS AN ATTEiviPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT
PURPOSE. THIS COMMUNICATION IS FROM A DEBT COLLECTOR.
(FIAS) 4124TK
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FILED: WASHINGTON COUNTY CLERK 08/20/2021 10:29 AM INDEX NO. EC2021-33244
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/20/2021
SUPREMECOURTOFTHESTATEOFNEWYORK
COUNTYOFWASHINGTON
---------------------------------------------X
Bank of America, N.A.
v. INDEX#:
THOMAS D CARROLL III MJRF#: 02139260
_____________________________________________x
COMPLAINT
Plaintiff,Bank of America,N.A.,through its attorneys upon information and belief,claims
as follows:
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/her agent and that the instant cause of action arose out of the
said transaction.
2. Plaintiff is a national banking association organized and existing under the laws of
the United States of America.
3. Plaintiff is a wholly-owned subsidiary of Bank of America Corporation and the
successor-in-interest to FIA Card Services,N.A. ("FIA"),formerly known as MBNA America
Bank,N.A. FIA was merged into and under the charter and title of Plaintiff effective
October 1,2014.
FIRSTCAUSEOFACTION
4. Defendant applied for and received a credit account, which is owned and administered
by Plaintiff(the "Account").Defendant used or authorized the use of the Account for the
acquisition of goods,services,balance transfers or cash advances in accordance with the
customer agreement("Agreement") governing use of the Account with Plaintiff.
5. Defendant breached the Agreement by failing to make periodic payments as required
thereby and the Account was subsequently charged-off. The entire balance on the Account
is owed to Plaintiff and is presently due and payable in full.
6. The current Account balance is $2,563.56, which includes any applicable payments and
credits. The Account is not accruing post charge-off interest.
SECONDCAUSEOFACTION
7. In accordance with federal regulations,monthly periodic statements for the Account
have been provided to the Defendant and retained without successful objection. Attached
hereto and incorporated herein as Exhibit "A" is a of the last periodic statement
copy
provided to Defendant prior to charge-off. Based on Plaintiff's records, there are no
unresolved billing disputes related to the Account.
WHEREFORE,Plaintiff,Bank of America,N.A.,prays that judgment be entered against Defendant
for:
the sum of $2,563.56,together with costs and disbursements.
R ectfully submitted,
Dated:
J NATHAN A BARRETO
LLOOLY,JEFFREY,R00NEY & FLYNN LLP
ttorneys for Plaintiff
6851 Jericho Tpke,Suite 220
Syosset,NY 11791-9036
(516)656-5300
THIS IS AN ATTEiviPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT
PURPOSE. THIS COMMUNICATION IS FROM A DEBT COLLECTOR.
(FIAS)
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FILED: WASHINGTON COUNTY CLERK 08/20/2021 10:29 AM INDEX NO. EC2021-33244
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/20/2021
SUPREME COURT OFTHE STATE OFNEWYORK
COUNTYOFWASHINGTON
---------------------------------------------X
Bank of America, N.A.
v. INDEX#:
THOMAS D CARROLL III MJRF#: 02139260
---------------------------------------------X
***** NOTICE OF ELECTRONIC FILING *****
______ _ _ _______________________________
(Mandatory Commencement Case Uniform Rule § 202.5-bb(a) (2) (v) and (vi))
(Consensual Case Uniform Rule § 202.5-b)
You have received this Notice because:
1) The Plaintiff/Petitioner, whose name is listed above, has filed this case using the
New York State Courts E-filing system ("NYSCEF"), and
2) You are a Defendant/Respondent (a party) in this case.
* If you are represented an attorney:
by
Give this Notice to your attorney. (Attorneys: see "Information for Attorneys" pg. 2).
* If you are not represented an attorney:
by
You will be served with all documents in paper and you must serve and file your documents
in paper, unless you choose to participate in e-filing.
If you choose to participate in e-filing, you must have access to a computer and a
scanner or other device to convert documents into electronic format, a connection to the
internet, and an e-mail address to receive service of documents.
The benefits of participating in e-filing include:
* and your documents
serving filing electronically
* free access to view and print your e-filed documents
* your number of trips to the courthousements
limiting
* court fees on-line (credit card needed)
paying any
To register for e-filing or for more information about how e-filing works:
* visit: www.nycourts.gov/efile-unrepresented orded
* contact the Clerk's Office or Center at the court where the case was filed. Court
Help
contact information can be found at www.nycourts.gov
To find legal information to help you represent yourself visit www.nycourts.gov
***** INFORMATION FOR ATTORNEYS *****
Attorneys representing a partymust either consent or decline consent to electronic filing
and service through NYSCEF for this case.
Attorneys registered with NYSCEF may record their consent electronically in the manner
provided at the NYSCEF site. Attorneys not registered with NYSCEF but intending to
participate in e-filing must first create a NYSCEF account and obtain a user ID and
password prior to recording their consent by going to www.nycourts.gov/efile.
Attorneys declining to consent must file with the court and serve on all parties of
record declination of consent.
3 of 9
FILED: WASHINGTON COUNTY CLERK 08/20/2021 10:29 AM INDEX NO. EC2021-33244
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/20/2021
For additional information about electronic filing and to create a NYSCEF account, visit
the NYSCEF website at www.nycourts.gov/efile or contact the NYSCEF Resource Center
(phone : 646-386-3033; e-mail: nyscef@nycourts.gov.
Dated: AUG 1 7 202f
ONATHAN A BARRETO
LLOOLY , JEFFREY , R00NEY & FLYNN LLP
torneys for Pl ainti ff
851 Jeri cho Tpke , Suite 220
Syosset, NY 11791-9036
(516)656-5300
TO:THOMAS D CARROLL III
1315 BOGTOWN RD
SALEM,NY 12865
Mjrf#:02139260
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FILED: WASHINGTON COUNTY CLERK 08/20/2021 10:29 AM INDEX NO. EC2021-33244
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/20/2021
Exhibit A
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FILED: WASHINGTON COUNTY CLERK 08/20/2021 10:29 AM INDEX NO. EC2021-33244
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/20/2021
Customer Service Information:
BA N K OF A M ERICA www.bankofamerica.com
1.800.421.2110
TTY: 1.800.346.3178
P.O.BOX15284
Mall Inqulfles
billing to:
DE19850
WIWINGTON, Bank of America
P.O.Box 982234
El Paso TX79998-2234
Mail payment to:
Bank of America
P.O.Box 15019
WilmingtonDE 19886-5019
THOMAS D CARROLL Ill
1315 BOGTOWN RD
SALEM NY 12865-4324
May 6 - june 5, 2020
Account# 1486
Account Summary Payment Information
PreviousBalance $2,546.42 New BalanceTotal $2.563.56
Payments and OtherCredits $0.00 Current Payment Due $42.00
Purchases and Adjustments $0.00 Past Due Amount $436.00
Fees Charged $0.00
Totalunimum Payment Due W8.00
interest Charged $17.14
Payment Due Date 07/02/2020
Late Payment Warning: If wedo not receiveyour TotalMinimum
New Balance Total $2,563.56
Payment bythe date listed
above, you may have to pay alatefee ofup to
TotalCredit Line $2,500.00 $39.00 and yourAPRs may be Increasedup to thePenaltyAPR of 29.99%
TotalCredit Aval!ab!e $0.00 Total Minimum Payment Warning: If youmake only theTotal Minimum
Cash CreditLine $800.00 Payment eachperiod,you willpay more In Interestand It will
takeyou
Portionof CreditAvallable . longerto pay offyour balance. For example:
forCash $0.00
If youmake no additional You willpayoffthe And you willend tip
Statement Closing Date 06/05/2020
charges usingthiscard balance shown on this paying anestimated
Days in Billing
Cycle 31
and each month you pay statement In about totalof
Only theTotal 9 years $3,377.00
Minimum Payment
Ifyou would likeinfe-±!en about creditcounseling services,call
866.300.5238.
05
BANK OF AMERICA Account Number: 1486
P.O. BOX 15019
WILMINGTON DE 19886-5019 New Balance Total $2,563.56
Total MinimumPayment Due $478.00
Payment Due Date 07/O2/2020
THOMAS D CARROLL Ill Enter payment amount $
1315 BOGTOWN RD
SALEM NY 12865-4324
Forchangeof address/phone number see reverse side.
Makeyour payment online at www.barikofamerica.comor
Mall this couponalong with your check payableto: Bankof America
6 of 9
FILED: WASHINGTON COUNTY CLERK 08/20/2021 10:29 AM INDEX NO. EC2021-33244
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/20/2021
THOMAS D CARROLLIll | Account # 1486 | May 6 -June 5, 2020
o04- 000- o00- G
IMPORTANT INFORMATION ABOUT THIS ACCOUNT
PAYlNG INTEREST - We will not charge interest on Purchaseson the next
CALCUl..ATION OF BAl.ANCES SUBJECT TO INTEREST RATE
statementif you pay the New Balance Total in full by the Payment Due Date,
Average Daily Balance Method (including new Purchases):We calculate
and you had paid in full by the previous Payment Due Date. We will begin
separate Balances Subject to an Interest Rate for Purchasesand for each
Introductory or Promotional Offer balance consisting of Purchases.We do this
charging interest on Balance Transfers and Cash Advances on the transaction
date. by: (1) calculating a daily balance for each day in the billing cycle; (2) adding all
TOTAL INTEREST CHARGE COMPUTATION - Interest Charges accrue and
the daily balances together; and (3) dividing the sum of the daily balances by
the number of days in the billing cycle.
are compounded on a daily basis. To determine the Interest Charges, we
each Balance Subject to Interest
multiply Rate by its applicable Daily Periodic
To calculate the daily balance for each day in this statement's
billing cycle, we:
(1) take the beginning balance; (2) add an amount equal to the applicable Daily
by the number of days in the billing cycle. To
Rate and that result is multiplied
determine the total Periodic Rate multiplied
Interest Charge for the billing cycle, we add the Periodic by the previous day's daily balance; (3) add new
Purchases,new Account Fees, and new Transaction Fees; and (4) subtract
Rate Interest Charges together. A Daily Periodic Rate is calculated by dividing
an Annual Percentage Rate by 365. applicable payments and credits. If any daily balance is less than zero we treat
HOW WE At..LOCATE YOUR PAYMENTS - Payments are allocated to it as zero.
posted balances. If your account has balances with different
APRs,we will Average Balance Method (including new Balance Transfers and new Cash
Advances):We calculate separate Balances Subject to an Interest Rate for
allocate the amount of your payment equal to the Total Minimum Payment Due
(including transactions made after
to the lowest APRbalances first this Balance Transfers, Cash Advances, and for each Introductory or Promotional
Offer balance consisting of Balance Transfers or Cash Advances.We do this by:
statement). Payment amounts in excess of your Total Minimum Payment Due
will be applied to balances with higher APRsbefore balances with
lower APRs. (1) calculating a daily balance for each day in this statement's
billing cycle; (2)
IMPORTANT INFORMATION ABOUT PAYMENTS BY PHONE - When calculating a daily balance for each day prior to this statement's billing cycle
balance" -
that had a "Pre-Cycle
using the optional Pay-by-Phone service, you authorize us to initiate
an a Pre-Cycle balance is a Balance Transfer or a
electronic payment from your account at the financial institutionCashAdvance with a transaction date prior to this statement's
you designate. billing cycle but
with a posting date within this statement's
You must authorize the amount and timing of each payment. For your billing cycle; (3) adding all the daily
balances together; and (4) dividing the sum of the daily balances by the number
protection, we will ask for security information. A fee may apply for expedited
of days in this statement's
service. To cancel, call us before the scheduled payment date. Same-day billing cycle.
payments cannot be edited or canceled. To calculate the daily balance for each day in this statement's
billing cycle, we:
YOUR CREDIT LINES - The Total Credit Line is the amount of credit(1) take the beginning balance; (2) add an amount equal to the applicable Daily
Periodic Rate multiplied
available for the account; however, only a portion of that is available for Bank by the previous day's daily balance; (3) add new
Balance Transfers, new CashAdvances and Transaction Fees; and (4) subtract
Cash Advances. The Cash Credit Line is that amount you have available for
epp!!ceb!e payments and credits. If any daily balance is less than zero we treat
Bank CashAdvances. Generally, Bank CashAdvances consist of ATM Cash
it as zero.
Advances, Over the Counter (OTC) Cash Advances, Same-Day Online Cash
To calculate a daily balance for each day prior to this statement's billing cycle
Advances, Overdraft Protection Cash Advances, Cash Equivalents, and
applicable transaction fees, that had a Pre-Cycle balance: (1) we take the beginning balance attributable
MISCELLANEOUS - Promotional Rate End Date: This date is based on a
solely to Pre-Cycle balance (which will be zero on the transaction date of the
first
Pre-Cycle balance); (2) add an amount equal to the applicable Daily
closing date. If you change your payment due date, this date
future statement
Periodic Rate me!tip!!ed by the previous day's daily balance; (3) and add only
could change. The New Balance Total which appears on this statement
is not a
the applicable Pre-Cycle balances and their related Transaction Fees. We
payoff amount and may be subject to additional interest charges when you pay
in full after your statement exclude from this ce!culatic
closing date. Please contact the customer service all transactions posted in previous billing cycles.
number located on the front of this statement
for a pay-off amount. Virtual
cards are the digital form of your eligible physical credit cards stored within a
digital wallet. For the complete terms and conditions of your account, consult your Credit
Card Agreement. This account is issued and administered by Bank of America.
© 2020 Bank of America Corporation Bank of America is a registered trademark of Bank of America Corporation.
PAYMENTS - Wecreditmailedpaymentsasof the date received,if the paymentis: 0) receivedby 5 p.m.localtime at the addressshownon the remittanceportionof your
monthlystatement;(2) paidwith a checkdrawnin U.S.dollarson a U.S.financialinstitutionor a U.S.dollar moneyorder;and (3) sentin the returnenvelopewith only the remittance
portionof your statementaccompanyingit. Paymentsreceivedby mail after 5 p.m.localtime at the remittanceaddresson anydayinduding the PaymentDueDate,but that otherwise
.4rements,will be creditedasof the nextday.Paymentsmadeonlineor by phonewill becreditedasof the date of receiptif made by S p.m.Central.Creditfor any
meet the abover
other paymentsmay bedelayedup to five days. Cashpaymentsmadewith our tellersor ATMwith TellerAssist(ATA)will only beacceptedwith a valid Identification(ID).
Nopaymentshalloperateasan accordandsatisfactionwithout the priorwritten approvalof oneof our SeniorOfficers.
Weprocessmostpaymentcheckselectronicallyby usingthe MfermMen foundonyourcheck.Eachcheckauthorizesus to createa one-timeelectronicfundstransfer(orprocessit asa
checkor paperdraft). Fundsmay bewithdrawnfrom youraccountassoonas the sameday we receiveyourpayment.Checksarenot returnedto you.
If you haveauthorizedusto payyour creditcardbill automaticallyfrom yoursavingsor checkingaccountwith us,you can stop the paymenton any amountyou think is wrong.To stop
payment,yourletter mustreachusat leastthreebusinessdaysbeforethe automaticpaymentis scheduledto occur.
Change of Address/Phone number: Onlineat www.bankofamerica.com
Please do notadd any written
communication space.
In this
AB
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FILED: WASHINGTON COUNTY CLERK 08/20/2021 10:29 AM INDEX NO. EC2021-33244
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/20/2021
THOMAS D CARROLLIll | Account # 1486 | May 6 - June 5, 2020
Transactions
Transaction Posting Reference Account
Date Date Description Number Nurnber Amount Total
interestCharged
06/05 06/05 INTEREST CHARGEDON PURCHASES 17.14
06/05 06/05 INTEREST CHARGEDON BALANCETRANSFERS 0.00
06/05 06/05 INTERESTCHARGEDON DIR DEP&CHKCASHADV 0.00
06/05 06/05 INTERESTCHARGEDON BANK CASHADVANCES 0.00
TOTAL INTEREST CHARGED FOR THIS PERIOD $17,14
Totalfees charged In 2020 $117.00
TotalInterestcharged In 2020 $103.99
Interest Charge Calculation
Your AnnualPercentageRate rate on your account.
(APR) is the annual interest
Type of Annual Promotional Promotional Promotional Balance Interest
Balance Percentage Transaction OfferID Rate End Subjectto Charges by
Rate Type Date Interest Tranencelan
Rate Type
Purchases 7.90% $ 2,554.72 $ 17.14
Balance Transfers 7.90% $ 0.00 $ 0.00
DirectDepositand Check Cash 16.99%V $ 0.00 $ 0.00
Advances
Bank Cash Advances 22.24%V $ 0.00 $ 0.00
Daily Interest Rate Type: V- Variable Rate (rate may vary)
APRType Definitions
Important Messages
You'rea valued cüstarñêrand we want you to know thatwe haven'treceived your currentpayrñêñtdue. Pleasesend your payment due
today.If you'vealreadymalled you.
It, thank
Your statement balance exceeds theTotal CreditLine.To ensure uninterrupteduse ofyour account,please make a payment to bringyour
balance underthe TotalCredit Line.There for
is no fee beingover your TotalCreditLine.
When thisstatement was created, the account'sCreditLine was In a restricted
statusand not ava!!ableforuse.
Page3 of 4
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FILED: WASHINGTON COUNTY CLERK 08/20/2021 10:29 AM INDEX NO. EC2021-33244
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/20/2021
THOMAS D CARROLLIll I Account # 1486 | May 6 - June 5, 2020
You may qualifyfora payment deferralforyourpersonal creditcard orIIne of
creditaccounts, forfuturedue dates on or beforeAugust 15,
2020, Making a m:-.:::m paymêñt duringthistime willbe optional.
Interestcharges or app!!cable
fees willcontinueto accrue and be added
to yourbalance.
What you need toknow
• If youhave alreadyreceived assistancewith yourpayments througha priorrequest,assistancewillattemat!ce!!ybe extended to
payment due dates throughAugust 15, 2020.
• To request assistanceforthe first
time, pleasevisitus onlineatour ClientResource Siteat bankofamerica.com/HelpfulResources,
through yourmobile device,or by calling
the number on thisstatement to request ess!stancethrough theautomated phone service.
You can even each personalcreditcard or IIne of
creditaccount you would like
to enrollIn thepayment deferralperiod - now
specify
through August 15, 2020.
• By eccept payment deferralsyou are representingthatyou are experiencingfinancial
hard:h!p due tothe coron::virus.
As a result,
you may not for
be eligible new creditob!!gat!enswith Bank ofAmerica during theassistanceperiod.
If youno longerneed assi3we, please call
us at thephone number thatappears on your statementto requestthe removal ofthisaccount
from futuredeferrals.
__
• Don't cards
buy gift forsomeone know. and never
you dorft send gift
cardsas payment.
• Never provide
access codesto an unsolicited
calleror through
email or text
Know hoW • Hang up if an unsolicited
caller asks for
money or personal
Information.
Scammers can
to and fake caller you. so hang up and call back through
ID to trick a trusted
number.
identify
avoid scams
For moretipsand information scammers
on the tricks use. visit
bankofamerica.com/Security.
2880998
ssu-01-70.7301£
Page4of 4
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Preview
FILED: WASHINGTON COUNTY CLERK 08/20/2021 10:29 AM INDEX NO. EC2021-33244 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/20/2021 SUPREMECOURTOFTHESTATEOFNEWYORK CONSUMERCREDITTRANSACTION COUNTYOFWASHINGTON --------- - - --- - - -- - - - - -- - - - -- - - - -- - - - -- - - - -- - - - - - X SUMMONS Bank of America, N.A. Plaintiff, COURT INDEX#: MJRF#: 02139260 -Against - THOMAS D CARROLL III Plaintiff's Address: 655 PAPER MILL ROAD Defendant(s) NEWARK,DE 19711 -------------------------------------------------X Defendant's Address: 1315 BOGTOWN RD SALEM,NY 12865 The basis of the venue is: DEFENDANT RESIDES IN THE COUNTY TO THE ABOVE NAMED DEFENDANT(S) : YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer on Plaintiff's Attorneys within the time provided by law as noted below. In case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. 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: AUG 1 7 202t -- NATHA BARRETO LLOOLY , JEFFREY , R00NEY & FLYNN LLP ttorneys for Pl ainti ff 6851 Jericho Tpke, Suite 220 P.0.BOX 9036 Syosset , NY 11791- 9036 (516)656-5300 NOTE:The law provides that: (a)If this summons is served by its delivery to you personally within the State of New York you must appear and answer within TWENTY 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 State of New York or by publication,or by any means other than personal delivery to you within the State of New York, you are allowed THIRTY days after service is complete to answer. THIS IS AN ATTEiviPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS COMMUNICATION IS FROM A DEBT COLLECTOR. (FIAS) 4124TK 1 of 9 FILED: WASHINGTON COUNTY CLERK 08/20/2021 10:29 AM INDEX NO. EC2021-33244 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/20/2021 SUPREMECOURTOFTHESTATEOFNEWYORK COUNTYOFWASHINGTON ---------------------------------------------X Bank of America, N.A. v. INDEX#: THOMAS D CARROLL III MJRF#: 02139260 _____________________________________________x COMPLAINT Plaintiff,Bank of America,N.A.,through its attorneys upon information and belief,claims as follows: 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/her agent and that the instant cause of action arose out of the said transaction. 2. Plaintiff is a national banking association organized and existing under the laws of the United States of America. 3. Plaintiff is a wholly-owned subsidiary of Bank of America Corporation and the successor-in-interest to FIA Card Services,N.A. ("FIA"),formerly known as MBNA America Bank,N.A. FIA was merged into and under the charter and title of Plaintiff effective October 1,2014. FIRSTCAUSEOFACTION 4. Defendant applied for and received a credit account, which is owned and administered by Plaintiff(the "Account").Defendant used or authorized the use of the Account for the acquisition of goods,services,balance transfers or cash advances in accordance with the customer agreement("Agreement") governing use of the Account with Plaintiff. 5. Defendant breached the Agreement by failing to make periodic payments as required thereby and the Account was subsequently charged-off. The entire balance on the Account is owed to Plaintiff and is presently due and payable in full. 6. The current Account balance is $2,563.56, which includes any applicable payments and credits. The Account is not accruing post charge-off interest. SECONDCAUSEOFACTION 7. In accordance with federal regulations,monthly periodic statements for the Account have been provided to the Defendant and retained without successful objection. Attached hereto and incorporated herein as Exhibit "A" is a of the last periodic statement copy provided to Defendant prior to charge-off. Based on Plaintiff's records, there are no unresolved billing disputes related to the Account. WHEREFORE,Plaintiff,Bank of America,N.A.,prays that judgment be entered against Defendant for: the sum of $2,563.56,together with costs and disbursements. R ectfully submitted, Dated: J NATHAN A BARRETO LLOOLY,JEFFREY,R00NEY & FLYNN LLP ttorneys for Plaintiff 6851 Jericho Tpke,Suite 220 Syosset,NY 11791-9036 (516)656-5300 THIS IS AN ATTEiviPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS COMMUNICATION IS FROM A DEBT COLLECTOR. (FIAS) 2 of 9 FILED: WASHINGTON COUNTY CLERK 08/20/2021 10:29 AM INDEX NO. EC2021-33244 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/20/2021 SUPREME COURT OFTHE STATE OFNEWYORK COUNTYOFWASHINGTON ---------------------------------------------X Bank of America, N.A. v. INDEX#: THOMAS D CARROLL III MJRF#: 02139260 ---------------------------------------------X ***** NOTICE OF ELECTRONIC FILING ***** ______ _ _ _______________________________ (Mandatory Commencement Case Uniform Rule § 202.5-bb(a) (2) (v) and (vi)) (Consensual Case Uniform Rule § 202.5-b) You have received this Notice because: 1) The Plaintiff/Petitioner, whose name is listed above, has filed this case using the New York State Courts E-filing system ("NYSCEF"), and 2) You are a Defendant/Respondent (a party) in this case. * If you are represented an attorney: by Give this Notice to your attorney. (Attorneys: see "Information for Attorneys" pg. 2). * If you are not represented an attorney: by You will be served with all documents in paper and you must serve and file your documents in paper, unless you choose to participate in e-filing. If you choose to participate in e-filing, you must have access to a computer and a scanner or other device to convert documents into electronic format, a connection to the internet, and an e-mail address to receive service of documents. The benefits of participating in e-filing include: * and your documents serving filing electronically * free access to view and print your e-filed documents * your number of trips to the courthousements limiting * court fees on-line (credit card needed) paying any To register for e-filing or for more information about how e-filing works: * visit: www.nycourts.gov/efile-unrepresented orded * contact the Clerk's Office or Center at the court where the case was filed. Court Help contact information can be found at www.nycourts.gov To find legal information to help you represent yourself visit www.nycourts.gov ***** INFORMATION FOR ATTORNEYS ***** Attorneys representing a partymust either consent or decline consent to electronic filing and service through NYSCEF for this case. Attorneys registered with NYSCEF may record their consent electronically in the manner provided at the NYSCEF site. Attorneys not registered with NYSCEF but intending to participate in e-filing must first create a NYSCEF account and obtain a user ID and password prior to recording their consent by going to www.nycourts.gov/efile. Attorneys declining to consent must file with the court and serve on all parties of record declination of consent. 3 of 9 FILED: WASHINGTON COUNTY CLERK 08/20/2021 10:29 AM INDEX NO. EC2021-33244 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/20/2021 For additional information about electronic filing and to create a NYSCEF account, visit the NYSCEF website at www.nycourts.gov/efile or contact the NYSCEF Resource Center (phone : 646-386-3033; e-mail: nyscef@nycourts.gov. Dated: AUG 1 7 202f ONATHAN A BARRETO LLOOLY , JEFFREY , R00NEY & FLYNN LLP torneys for Pl ainti ff 851 Jeri cho Tpke , Suite 220 Syosset, NY 11791-9036 (516)656-5300 TO:THOMAS D CARROLL III 1315 BOGTOWN RD SALEM,NY 12865 Mjrf#:02139260 4 of 9 FILED: WASHINGTON COUNTY CLERK 08/20/2021 10:29 AM INDEX NO. EC2021-33244 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/20/2021 Exhibit A 5 of 9 FILED: WASHINGTON COUNTY CLERK 08/20/2021 10:29 AM INDEX NO. EC2021-33244 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/20/2021 Customer Service Information: BA N K OF A M ERICA www.bankofamerica.com 1.800.421.2110 TTY: 1.800.346.3178 P.O.BOX15284 Mall Inqulfles billing to: DE19850 WIWINGTON, Bank of America P.O.Box 982234 El Paso TX79998-2234 Mail payment to: Bank of America P.O.Box 15019 WilmingtonDE 19886-5019 THOMAS D CARROLL Ill 1315 BOGTOWN RD SALEM NY 12865-4324 May 6 - june 5, 2020 Account# 1486 Account Summary Payment Information PreviousBalance $2,546.42 New BalanceTotal $2.563.56 Payments and OtherCredits $0.00 Current Payment Due $42.00 Purchases and Adjustments $0.00 Past Due Amount $436.00 Fees Charged $0.00 Totalunimum Payment Due W8.00 interest Charged $17.14 Payment Due Date 07/02/2020 Late Payment Warning: If wedo not receiveyour TotalMinimum New Balance Total $2,563.56 Payment bythe date listed above, you may have to pay alatefee ofup to TotalCredit Line $2,500.00 $39.00 and yourAPRs may be Increasedup to thePenaltyAPR of 29.99% TotalCredit Aval!ab!e $0.00 Total Minimum Payment Warning: If youmake only theTotal Minimum Cash CreditLine $800.00 Payment eachperiod,you willpay more In Interestand It will takeyou Portionof CreditAvallable . longerto pay offyour balance. For example: forCash $0.00 If youmake no additional You willpayoffthe And you willend tip Statement Closing Date 06/05/2020 charges usingthiscard balance shown on this paying anestimated Days in Billing Cycle 31 and each month you pay statement In about totalof Only theTotal 9 years $3,377.00 Minimum Payment Ifyou would likeinfe-±!en about creditcounseling services,call 866.300.5238. 05 BANK OF AMERICA Account Number: 1486 P.O. BOX 15019 WILMINGTON DE 19886-5019 New Balance Total $2,563.56 Total MinimumPayment Due $478.00 Payment Due Date 07/O2/2020 THOMAS D CARROLL Ill Enter payment amount $ 1315 BOGTOWN RD SALEM NY 12865-4324 Forchangeof address/phone number see reverse side. Makeyour payment online at www.barikofamerica.comor Mall this couponalong with your check payableto: Bankof America 6 of 9 FILED: WASHINGTON COUNTY CLERK 08/20/2021 10:29 AM INDEX NO. EC2021-33244 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/20/2021 THOMAS D CARROLLIll | Account # 1486 | May 6 -June 5, 2020 o04- 000- o00- G IMPORTANT INFORMATION ABOUT THIS ACCOUNT PAYlNG INTEREST - We will not charge interest on Purchaseson the next CALCUl..ATION OF BAl.ANCES SUBJECT TO INTEREST RATE statementif you pay the New Balance Total in full by the Payment Due Date, Average Daily Balance Method (including new Purchases):We calculate and you had paid in full by the previous Payment Due Date. We will begin separate Balances Subject to an Interest Rate for Purchasesand for each Introductory or Promotional Offer balance consisting of Purchases.We do this charging interest on Balance Transfers and Cash Advances on the transaction date. by: (1) calculating a daily balance for each day in the billing cycle; (2) adding all TOTAL INTEREST CHARGE COMPUTATION - Interest Charges accrue and the daily balances together; and (3) dividing the sum of the daily balances by the number of days in the billing cycle. are compounded on a daily basis. To determine the Interest Charges, we each Balance Subject to Interest multiply Rate by its applicable Daily Periodic To calculate the daily balance for each day in this statement's billing cycle, we: (1) take the beginning balance; (2) add an amount equal to the applicable Daily by the number of days in the billing cycle. To Rate and that result is multiplied determine the total Periodic Rate multiplied Interest Charge for the billing cycle, we add the Periodic by the previous day's daily balance; (3) add new Purchases,new Account Fees, and new Transaction Fees; and (4) subtract Rate Interest Charges together. A Daily Periodic Rate is calculated by dividing an Annual Percentage Rate by 365. applicable payments and credits. If any daily balance is less than zero we treat HOW WE At..LOCATE YOUR PAYMENTS - Payments are allocated to it as zero. posted balances. If your account has balances with different APRs,we will Average Balance Method (including new Balance Transfers and new Cash Advances):We calculate separate Balances Subject to an Interest Rate for allocate the amount of your payment equal to the Total Minimum Payment Due (including transactions made after to the lowest APRbalances first this Balance Transfers, Cash Advances, and for each Introductory or Promotional Offer balance consisting of Balance Transfers or Cash Advances.We do this by: statement). Payment amounts in excess of your Total Minimum Payment Due will be applied to balances with higher APRsbefore balances with lower APRs. (1) calculating a daily balance for each day in this statement's billing cycle; (2) IMPORTANT INFORMATION ABOUT PAYMENTS BY PHONE - When calculating a daily balance for each day prior to this statement's billing cycle balance" - that had a "Pre-Cycle using the optional Pay-by-Phone service, you authorize us to initiate an a Pre-Cycle balance is a Balance Transfer or a electronic payment from your account at the financial institutionCashAdvance with a transaction date prior to this statement's you designate. billing cycle but with a posting date within this statement's You must authorize the amount and timing of each payment. For your billing cycle; (3) adding all the daily balances together; and (4) dividing the sum of the daily balances by the number protection, we will ask for security information. A fee may apply for expedited of days in this statement's service. To cancel, call us before the scheduled payment date. Same-day billing cycle. payments cannot be edited or canceled. To calculate the daily balance for each day in this statement's billing cycle, we: YOUR CREDIT LINES - The Total Credit Line is the amount of credit(1) take the beginning balance; (2) add an amount equal to the applicable Daily Periodic Rate multiplied available for the account; however, only a portion of that is available for Bank by the previous day's daily balance; (3) add new Balance Transfers, new CashAdvances and Transaction Fees; and (4) subtract Cash Advances. The Cash Credit Line is that amount you have available for epp!!ceb!e payments and credits. If any daily balance is less than zero we treat Bank CashAdvances. Generally, Bank CashAdvances consist of ATM Cash it as zero. Advances, Over the Counter (OTC) Cash Advances, Same-Day Online Cash To calculate a daily balance for each day prior to this statement's billing cycle Advances, Overdraft Protection Cash Advances, Cash Equivalents, and applicable transaction fees, that had a Pre-Cycle balance: (1) we take the beginning balance attributable MISCELLANEOUS - Promotional Rate End Date: This date is based on a solely to Pre-Cycle balance (which will be zero on the transaction date of the first Pre-Cycle balance); (2) add an amount equal to the applicable Daily closing date. If you change your payment due date, this date future statement Periodic Rate me!tip!!ed by the previous day's daily balance; (3) and add only could change. The New Balance Total which appears on this statement is not a the applicable Pre-Cycle balances and their related Transaction Fees. We payoff amount and may be subject to additional interest charges when you pay in full after your statement exclude from this ce!culatic closing date. Please contact the customer service all transactions posted in previous billing cycles. number located on the front of this statement for a pay-off amount. Virtual cards are the digital form of your eligible physical credit cards stored within a digital wallet. For the complete terms and conditions of your account, consult your Credit Card Agreement. This account is issued and administered by Bank of America. © 2020 Bank of America Corporation Bank of America is a registered trademark of Bank of America Corporation. PAYMENTS - Wecreditmailedpaymentsasof the date received,if the paymentis: 0) receivedby 5 p.m.localtime at the addressshownon the remittanceportionof your monthlystatement;(2) paidwith a checkdrawnin U.S.dollarson a U.S.financialinstitutionor a U.S.dollar moneyorder;and (3) sentin the returnenvelopewith only the remittance portionof your statementaccompanyingit. Paymentsreceivedby mail after 5 p.m.localtime at the remittanceaddresson anydayinduding the PaymentDueDate,but that otherwise .4rements,will be creditedasof the nextday.Paymentsmadeonlineor by phonewill becreditedasof the date of receiptif made by S p.m.Central.Creditfor any meet the abover other paymentsmay bedelayedup to five days. Cashpaymentsmadewith our tellersor ATMwith TellerAssist(ATA)will only beacceptedwith a valid Identification(ID). Nopaymentshalloperateasan accordandsatisfactionwithout the priorwritten approvalof oneof our SeniorOfficers. Weprocessmostpaymentcheckselectronicallyby usingthe MfermMen foundonyourcheck.Eachcheckauthorizesus to createa one-timeelectronicfundstransfer(orprocessit asa checkor paperdraft). Fundsmay bewithdrawnfrom youraccountassoonas the sameday we receiveyourpayment.Checksarenot returnedto you. If you haveauthorizedusto payyour creditcardbill automaticallyfrom yoursavingsor checkingaccountwith us,you can stop the paymenton any amountyou think is wrong.To stop payment,yourletter mustreachusat leastthreebusinessdaysbeforethe automaticpaymentis scheduledto occur. Change of Address/Phone number: Onlineat www.bankofamerica.com Please do notadd any written communication space. In this AB 7 of 9 FILED: WASHINGTON COUNTY CLERK 08/20/2021 10:29 AM INDEX NO. EC2021-33244 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/20/2021 THOMAS D CARROLLIll | Account # 1486 | May 6 - June 5, 2020 Transactions Transaction Posting Reference Account Date Date Description Number Nurnber Amount Total interestCharged 06/05 06/05 INTEREST CHARGEDON PURCHASES 17.14 06/05 06/05 INTEREST CHARGEDON BALANCETRANSFERS 0.00 06/05 06/05 INTERESTCHARGEDON DIR DEP&CHKCASHADV 0.00 06/05 06/05 INTERESTCHARGEDON BANK CASHADVANCES 0.00 TOTAL INTEREST CHARGED FOR THIS PERIOD $17,14 Totalfees charged In 2020 $117.00 TotalInterestcharged In 2020 $103.99 Interest Charge Calculation Your AnnualPercentageRate rate on your account. (APR) is the annual interest Type of Annual Promotional Promotional Promotional Balance Interest Balance Percentage Transaction OfferID Rate End Subjectto Charges by Rate Type Date Interest Tranencelan Rate Type Purchases 7.90% $ 2,554.72 $ 17.14 Balance Transfers 7.90% $ 0.00 $ 0.00 DirectDepositand Check Cash 16.99%V $ 0.00 $ 0.00 Advances Bank Cash Advances 22.24%V $ 0.00 $ 0.00 Daily Interest Rate Type: V- Variable Rate (rate may vary) APRType Definitions Important Messages You'rea valued cüstarñêrand we want you to know thatwe haven'treceived your currentpayrñêñtdue. Pleasesend your payment due today.If you'vealreadymalled you. It, thank Your statement balance exceeds theTotal CreditLine.To ensure uninterrupteduse ofyour account,please make a payment to bringyour balance underthe TotalCredit Line.There for is no fee beingover your TotalCreditLine. When thisstatement was created, the account'sCreditLine was In a restricted statusand not ava!!ableforuse. Page3 of 4 8 of 9 FILED: WASHINGTON COUNTY CLERK 08/20/2021 10:29 AM INDEX NO. EC2021-33244 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/20/2021 THOMAS D CARROLLIll I Account # 1486 | May 6 - June 5, 2020 You may qualifyfora payment deferralforyourpersonal creditcard orIIne of creditaccounts, forfuturedue dates on or beforeAugust 15, 2020, Making a m:-.:::m paymêñt duringthistime willbe optional. Interestcharges or app!!cable fees willcontinueto accrue and be added to yourbalance. What you need toknow • If youhave alreadyreceived assistancewith yourpayments througha priorrequest,assistancewillattemat!ce!!ybe extended to payment due dates throughAugust 15, 2020. • To request assistanceforthe first time, pleasevisitus onlineatour ClientResource Siteat bankofamerica.com/HelpfulResources, through yourmobile device,or by calling the number on thisstatement to request ess!stancethrough theautomated phone service. You can even each personalcreditcard or IIne of creditaccount you would like to enrollIn thepayment deferralperiod - now specify through August 15, 2020. • By eccept payment deferralsyou are representingthatyou are experiencingfinancial hard:h!p due tothe coron::virus. As a result, you may not for be eligible new creditob!!gat!enswith Bank ofAmerica during theassistanceperiod. If youno longerneed assi3we, please call us at thephone number thatappears on your statementto requestthe removal ofthisaccount from futuredeferrals. __ • Don't cards buy gift forsomeone know. and never you dorft send gift cardsas payment. • Never provide access codesto an unsolicited calleror through email or text Know hoW • Hang up if an unsolicited caller asks for money or personal Information. Scammers can to and fake caller you. so hang up and call back through ID to trick a trusted number. identify avoid scams For moretipsand information scammers on the tricks use. visit bankofamerica.com/Security. 2880998 ssu-01-70.7301£ Page4of 4 9 of 9