On March 02, 2018 a
Complaint,Petition
was filed
involving a dispute between
Midland Funding Llc,
and
Jodie Swallow,
for Other Matters - Consumer Credit (Card) Debt Buyer Plaintiff
in the District Court of Erie County.
Preview
FILED: ERIE COUNTY CLERK 03/02/2018 03:21 PM INDEX NO. 803360/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/02/2018
File 4 S337198
CONSUMER CREDIT TRANSACTION
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ERIE
_________________________________
MIDLAND FUNDING LLC
Plaintiff, Index No.
-against-
SUMMONS
JODIE SWALLOW
Plaintiff's Residence Address
2365 NORTHSIDE DR STE 300
SAN DIEGO CA 92108
Defendant(s).
The Basis of this venue
designated is:
Defendant's residence
_________________________________
Defendant's Residence Address:
64 DELRAY AVE
WEST SENECA, NY 142241841
YOU ARE HEREBY SUMMONED to answer the complaint in this
action and to serve a copy of your answer, or, if the complaint
is not served with this summons, to serve a notice of appearance
on the plaintiff's attorney within twenty (20) days after the
service of this summons exclusive of the days of service (or
within thirty (30) days after the service is complete if this
summons is not personally delivered to you within the State of
New York); and in the case of your failure to appear or answer,
judgement will be taken against you by default for the relief
demanded in the complaint.
Dated: 02/22/18 PRESSLER and PRESSLER, LLP
Attorneys for Plaintiff
305 Broadway 9th Floor
New York, N ---
(516)22 929
By:
Craig . Stiller , Es
[ ] By:
Ian Z. Winograd Esq.
[ ] By:
David B. Warshaw Esq.
[ ] By:
Vanesa L. Ridore Esq.
1 of 3
FILED: ERIE COUNTY CLERK 03/02/2018 03:21 PM INDEX NO. 803360/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/02/2018
File 4 S337198
SUPREME COURT OF THE STATE OF NEW YORK - COUNTY OF ERIE
__________________________________
MIDLAND FUNDING LLC
Plaintiff(s) Index No.
- -
a g a in s t COMPLAINT
JODIE SWALLOW
Defendant(s)
__________________________________
Plaintiff by its attorneys, Pressler and Pressler, LLP
complaining of the defendant(s) alleges upon information and
belief as follows:
F IRST CAUSE OF ACTION
1. Plaintiff, MIDLAND FUNDING LLC, is a limited liability
company formed under the laws of the state of Delaware and
having taken assignment of is owner of SYNCHRONY BANK (TJX)
account number ending in XXXXXXXXXXXX5478 .
2. JODIE SWALLOW resides within the jurisdictional limits of
this court.
3. Plaintiff alleges that JODIE SWALLOW , whose social
security number ends in 703, is the responsible person for
this account.
4. JODIE SWALLOW failed to repay the balance owed on the
account, which is in default.
5. The account was assigned from the original creditor
SYNCHRONY BANK (TJX) to MIDLAND FUNDING LLC, the present
assignee.
6. The cause of action asserted herein accrued on or about
November 7, 2015, the governing law being the state of
Utah.
7. The date of last payment is on or about November 7, 2015.
8. Upon information and belief, the statute of limitations for
the cause of action asserted herein is 4 years and
therefore has not expired.
9. There is now due and owing the plaintiff, as the assignee
of the account, from JODIE SWALLOW , the sum of $2,536.53.
2 of 3
FILED: ERIE COUNTY CLERK 03/02/2018 03:21 PM INDEX NO. 803360/2018
,
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/02/2018
WHEREFORE, Plaintiff demands judgment against JODIE SNALLOW
for the sum of $2,536.53 plus costs and disbursements of this
action and for such further and other relief as the Court deems
just and proper.
Dated: 02/22/18 PRESSLER and PRESSLER, LLP
Attorneys for Plaintiff
305 Broadway 9th Floor
New York, NY 10007
-
(516)
[ By:
Craig .., till , Esq.
} By:
Z. Winograd Esq.
[ :
David B. Warshaw Esq.
[ ] By:
Vanesa L. Ridore Esq.
THIS COMMUNICATION IS FROM A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A
DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
3 of 3
Document Filed Date
March 02, 2018
Case Filing Date
March 02, 2018
Category
Other Matters - Consumer Credit (Card) Debt Buyer Plaintiff
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Preview
FILED: ERIE COUNTY CLERK 03/02/2018 03:21 PM INDEX NO. 803360/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/02/2018 File 4 S337198 CONSUMER CREDIT TRANSACTION SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ERIE _________________________________ MIDLAND FUNDING LLC Plaintiff, Index No. -against- SUMMONS JODIE SWALLOW Plaintiff's Residence Address 2365 NORTHSIDE DR STE 300 SAN DIEGO CA 92108 Defendant(s). The Basis of this venue designated is: Defendant's residence _________________________________ Defendant's Residence Address: 64 DELRAY AVE WEST SENECA, NY 142241841 YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of appearance on the plaintiff's attorney within twenty (20) days after the service of this summons exclusive of the days of service (or within thirty (30) days after the service is complete if this summons is not personally delivered to you within the State of New York); and in the case of your failure to appear or answer, judgement will be taken against you by default for the relief demanded in the complaint. Dated: 02/22/18 PRESSLER and PRESSLER, LLP Attorneys for Plaintiff 305 Broadway 9th Floor New York, N --- (516)22 929 By: Craig . Stiller , Es [ ] By: Ian Z. Winograd Esq. [ ] By: David B. Warshaw Esq. [ ] By: Vanesa L. Ridore Esq. 1 of 3 FILED: ERIE COUNTY CLERK 03/02/2018 03:21 PM INDEX NO. 803360/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/02/2018 File 4 S337198 SUPREME COURT OF THE STATE OF NEW YORK - COUNTY OF ERIE __________________________________ MIDLAND FUNDING LLC Plaintiff(s) Index No. - - a g a in s t COMPLAINT JODIE SWALLOW Defendant(s) __________________________________ Plaintiff by its attorneys, Pressler and Pressler, LLP complaining of the defendant(s) alleges upon information and belief as follows: F IRST CAUSE OF ACTION 1. Plaintiff, MIDLAND FUNDING LLC, is a limited liability company formed under the laws of the state of Delaware and having taken assignment of is owner of SYNCHRONY BANK (TJX) account number ending in XXXXXXXXXXXX5478 . 2. JODIE SWALLOW resides within the jurisdictional limits of this court. 3. Plaintiff alleges that JODIE SWALLOW , whose social security number ends in 703, is the responsible person for this account. 4. JODIE SWALLOW failed to repay the balance owed on the account, which is in default. 5. The account was assigned from the original creditor SYNCHRONY BANK (TJX) to MIDLAND FUNDING LLC, the present assignee. 6. The cause of action asserted herein accrued on or about November 7, 2015, the governing law being the state of Utah. 7. The date of last payment is on or about November 7, 2015. 8. Upon information and belief, the statute of limitations for the cause of action asserted herein is 4 years and therefore has not expired. 9. There is now due and owing the plaintiff, as the assignee of the account, from JODIE SWALLOW , the sum of $2,536.53. 2 of 3 FILED: ERIE COUNTY CLERK 03/02/2018 03:21 PM INDEX NO. 803360/2018 , NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/02/2018 WHEREFORE, Plaintiff demands judgment against JODIE SNALLOW for the sum of $2,536.53 plus costs and disbursements of this action and for such further and other relief as the Court deems just and proper. Dated: 02/22/18 PRESSLER and PRESSLER, LLP Attorneys for Plaintiff 305 Broadway 9th Floor New York, NY 10007 - (516) [ By: Craig .., till , Esq. } By: Z. Winograd Esq. [ : David B. Warshaw Esq. [ ] By: Vanesa L. Ridore Esq. THIS COMMUNICATION IS FROM A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 3 of 3