Preview
FILED: ST. LAWRENCE COUNTY CLERK 02/14/2022 01:47 PM INDEX NO. EFCV-22-161889
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/14/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ST LAWRENCE
____________________ _______________________ Plaintiff designates ST LAWRENCE
MIDLAND CREDIT MANAGEMENT, INC County as the place of trial;the defendant
resides in ST LAWRENCE County
PLAINTIFF,
INDEX NUMBER:
-AGAINST. PURCHASE DATE:
S&S FILE NO. C603776
SUSAN LAMB
DEFENDANT. SUMMONS
Plaintiffs address: 350 CAMINO DE LA
REINA, STE 100
SAN DIEGO, CA 92108
The Basis of the Venue isDefendant's
Residence
CONSUMER CREDIT TRANSACTION
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, or, ifthe complaint is not served with this summons, to serve a
notice of appearance, on the plaintiffs attorney within 20 days afterthe service of this summons,
exclusive of the day of service (orwithin 30 days after the service iscomplete ifthis summons is
not personally delivered to you within the stateof New York); and in case of your failureto
appear or answer, judgment will be taken against you by default for the relief demanded in the
complaint, together with the costs of this action.
Dated: February 08, 2022
Selip & Stylianou, LLP
Attorneys forplaintiff
P.O. Box 9004, 199 Crossways Park Dr., Woodbury, NY 11797-9004
(516) 364-6006 ext. 8991; (866) 848-8975 ext. 8991; TTY/TRS: (516) 422-8500
Refer to S&S File No. C603776
Defendant to be served: SUSAN LAMB, 105 MAPLE ST APT A, MASSENA, NY 13662
This c-rnnn!:atioñ is from a debt collector and is an attempt to collect a debt. Any
informatión obtained will be used for that purpose.
By:
DAVID CO N ESQ.
IIIIII IIIIIIIIIIIII
IIIIIIIII |l1111111111111111111
21111111111111111111111111111111111111111111111111111111111111
1 of 4
FILED: ST. LAWRENCE COUNTY CLERK 02/14/2022 01:47 PM INDEX NO. EFCV-22-161889
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/14/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ST LAWRENCE
MIDLAND CREDIT MANAGEMENT, INC
PLAINTIFF, INDEX NUMBER:
-AGAINST- S&S FILE NO. C603776
SUSAN LAMB COMPLAINT
DEFENDANT.
Plaintiff,by itsattorneys, complaining of the Defendant(s), respectfully alleges that:
1. Plaintiffisa foreigncorporation licensedto transactbusiness inNew York.
2. Upon information and belief,the Defendant(s) residesor has an office in thevenue in which
thisaction is brought,or theDefendant(s) transacted business within the venue in which thisaction is
brought, eitherinperson or through an agent, and the instantcause of actionarose out ofsaid transaction.
3. Based upon a reasonable inquiry,the Statute of Limitations forthe cause of actionasserted
herein has not expired.
FACTS
4. Plaintiffspredecessor in interest,COMENITY CAPITA L BANK (hereinafter"Original
Creditor"),offered to open a BIG LOTS-branded account, account no. ending in 3491 (hereinafterthe
"Account"), in Defendant's name on Decencer 14, 2018, subjectto theterms and conditions provided, or
made availablein electronicformat, to theDefendant (the "Agreement").
5. Defendant accepted the offerby using the Account.
6. Defendant defaulted by failingto repay the Account balance. The Defendant's lastpayment
was receivedon or about March 04, 2020 in the amount of $35.00.
7. Demand forpayment of theAccount was made on Defendant, but Defendant failedto make
allthe requiredpayments, and as a resultthe Account was charged off on December 31, 2020 in the
amount of $1,409.95.
8. The OriginalCreditor sold theAccount, including allright,titleand interestin and tothe
outstanding balance owed by Defendant. Plaintiffpurchased the Account on or about Jañüary 27, 2021
and is now the owner and assignee of theAccount.
AS AND FOR A FIRST CAUSE OF ACTION
9. Plaintiff
repeats and re-alleges each and every allegation contained in theforegoing
2 of 4
FILED: ST. LAWRENCE COUNTY CLERK 02/14/2022 01:47 PM INDEX NO. EFCV-22-161889
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/14/2022
paragraphs as ifmore fullysetforth herein.
10. As a resultof Defendant's breach of theAgreement, and aftercrediting Defendant for all
payments and credits,there is now due and owing by Defendant to Plaintiffthe sum of$1,409.95, no part
of which has been paid despite due demand therefor.
WHEREFORE, Plaintiffdemands judgment against Defendant(s) inthe amount of $1,409.95 together
with costs and disbursements.
The undersigned attorney hereby certifies
that,to thebest of his/herknowledge, information, and belief,
formed afteran inquiry reasonable under the circumstances, the presentation of thewithin complaint and
the contentionstherein are not frivolousas defined in part130-1.1(c) of therules of theChief
Administrator.
Dated: FEBRUARY 08, 2022
YOURS, ETC.
By:
DAVID COH ESQ.
Selip & Stylianou, LLP, Attorneys for Plaintiff
199 Crossways Park Drive, Woodbury, NY 11797-9004
(516) 686-8991; (866) 848-8975 ext.8991;
S&S File No. C603776
3 of 4
FILED: ST. LAWRENCE COUNTY CLERK 02/14/2022 01:47 PM INDEX NO. EFCV-22-161889
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/14/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ST LAWRENCE
____________________ _____________________________
Midland Credit Management, Inc
PLAINTIFF,
-AGAINST-
INDEX NUMBER:
SUSAN LAMB S&S FILE NO. C603776
DEFENDANT.
_____________________________________ ____________
NOTICE OF COMMENCEMENT OF ACTION SUBJECT TO MANDATORY ELECTRONIC FILING
PLEASE TAKE NOTICE that the matter captioned above, which has been commenced by the filing
of the accompanying documents with the County Clerk via the New York State Courts Electronic Filing
System ("NYSCEF"), is subject to mandatory electronic filing pursuant to Section 202.5-bb of the
Uniform Rules for the Trial Courts. This notice is being served as required by Subdivision (b) (3) of that
Section.
Counsel and/or parties must either: 1) immediately record their representation within the e-filed
matter on the Consent/Represent page in NYSCEF; or 2) file the Notice of Opt-Out form to claim one of
the limited exemptions from mandatory e-filing (see below). Failure to record representation may result
in an inability to receive electronic notice of any document filings. Claiming an exemption will require
the exempt party to serve and be served with hard copy documents.
Counsel and unrepresented parties who intend to participate in e-filing must first create a NYSCEF
account and obtain a userID and password. 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: efile@nycourts.gov; mailing address: 60
Centre Street, New York, New York 10007).
Exemptions from mandatory e-filing (Section 202.5-bb(e)) are limited to:
1) attorneys who certify in good faith that they lack the computer hardware and/or scanner and/or
internet connection or that they lack (along with all employees subject to their direction) the operational
knowledge to comply with e-filing requirements; and
2) parties who expect to represent themselves and who choose not to participate in e-filing. (Such
parties are encouraged to visit www.nycourthelp.gov or contact the Help Center in the court where the
action is pending.)
Dated: February 08, 2022
Selip & St ianou, LLP
By: DAVID COHEN ESQ., Attorney for Plaintiff
P.O. Box 9004, 199 Crossways Park Drive, Woodbury, NY 11797-9004
(516) 686-8991; (800) 293-6006 ext. 8991;
To: SUSAN LAMB, 105 MAPLE ST APT A, MASSENA, NY 13662
4 of 4
Preview
FILED: ST. LAWRENCE COUNTY CLERK 02/14/2022 01:47 PM INDEX NO. EFCV-22-161889 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/14/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ST LAWRENCE ____________________ _______________________ Plaintiff designates ST LAWRENCE MIDLAND CREDIT MANAGEMENT, INC County as the place of trial;the defendant resides in ST LAWRENCE County PLAINTIFF, INDEX NUMBER: -AGAINST. PURCHASE DATE: S&S FILE NO. C603776 SUSAN LAMB DEFENDANT. SUMMONS Plaintiffs address: 350 CAMINO DE LA REINA, STE 100 SAN DIEGO, CA 92108 The Basis of the Venue isDefendant's Residence CONSUMER CREDIT TRANSACTION 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, or, ifthe complaint is not served with this summons, to serve a notice of appearance, on the plaintiffs attorney within 20 days afterthe service of this summons, exclusive of the day of service (orwithin 30 days after the service iscomplete ifthis summons is not personally delivered to you within the stateof New York); and in case of your failureto appear or answer, judgment will be taken against you by default for the relief demanded in the complaint, together with the costs of this action. Dated: February 08, 2022 Selip & Stylianou, LLP Attorneys forplaintiff P.O. Box 9004, 199 Crossways Park Dr., Woodbury, NY 11797-9004 (516) 364-6006 ext. 8991; (866) 848-8975 ext. 8991; TTY/TRS: (516) 422-8500 Refer to S&S File No. C603776 Defendant to be served: SUSAN LAMB, 105 MAPLE ST APT A, MASSENA, NY 13662 This c-rnnn!:atioñ is from a debt collector and is an attempt to collect a debt. Any informatión obtained will be used for that purpose. By: DAVID CO N ESQ. IIIIII IIIIIIIIIIIII IIIIIIIII |l1111111111111111111 21111111111111111111111111111111111111111111111111111111111111 1 of 4 FILED: ST. LAWRENCE COUNTY CLERK 02/14/2022 01:47 PM INDEX NO. EFCV-22-161889 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/14/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ST LAWRENCE MIDLAND CREDIT MANAGEMENT, INC PLAINTIFF, INDEX NUMBER: -AGAINST- S&S FILE NO. C603776 SUSAN LAMB COMPLAINT DEFENDANT. Plaintiff,by itsattorneys, complaining of the Defendant(s), respectfully alleges that: 1. Plaintiffisa foreigncorporation licensedto transactbusiness inNew York. 2. Upon information and belief,the Defendant(s) residesor has an office in thevenue in which thisaction is brought,or theDefendant(s) transacted business within the venue in which thisaction is brought, eitherinperson or through an agent, and the instantcause of actionarose out ofsaid transaction. 3. Based upon a reasonable inquiry,the Statute of Limitations forthe cause of actionasserted herein has not expired. FACTS 4. Plaintiffspredecessor in interest,COMENITY CAPITA L BANK (hereinafter"Original Creditor"),offered to open a BIG LOTS-branded account, account no. ending in 3491 (hereinafterthe "Account"), in Defendant's name on Decencer 14, 2018, subjectto theterms and conditions provided, or made availablein electronicformat, to theDefendant (the "Agreement"). 5. Defendant accepted the offerby using the Account. 6. Defendant defaulted by failingto repay the Account balance. The Defendant's lastpayment was receivedon or about March 04, 2020 in the amount of $35.00. 7. Demand forpayment of theAccount was made on Defendant, but Defendant failedto make allthe requiredpayments, and as a resultthe Account was charged off on December 31, 2020 in the amount of $1,409.95. 8. The OriginalCreditor sold theAccount, including allright,titleand interestin and tothe outstanding balance owed by Defendant. Plaintiffpurchased the Account on or about Jañüary 27, 2021 and is now the owner and assignee of theAccount. AS AND FOR A FIRST CAUSE OF ACTION 9. Plaintiff repeats and re-alleges each and every allegation contained in theforegoing 2 of 4 FILED: ST. LAWRENCE COUNTY CLERK 02/14/2022 01:47 PM INDEX NO. EFCV-22-161889 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/14/2022 paragraphs as ifmore fullysetforth herein. 10. As a resultof Defendant's breach of theAgreement, and aftercrediting Defendant for all payments and credits,there is now due and owing by Defendant to Plaintiffthe sum of$1,409.95, no part of which has been paid despite due demand therefor. WHEREFORE, Plaintiffdemands judgment against Defendant(s) inthe amount of $1,409.95 together with costs and disbursements. The undersigned attorney hereby certifies that,to thebest of his/herknowledge, information, and belief, formed afteran inquiry reasonable under the circumstances, the presentation of thewithin complaint and the contentionstherein are not frivolousas defined in part130-1.1(c) of therules of theChief Administrator. Dated: FEBRUARY 08, 2022 YOURS, ETC. By: DAVID COH ESQ. Selip & Stylianou, LLP, Attorneys for Plaintiff 199 Crossways Park Drive, Woodbury, NY 11797-9004 (516) 686-8991; (866) 848-8975 ext.8991; S&S File No. C603776 3 of 4 FILED: ST. LAWRENCE COUNTY CLERK 02/14/2022 01:47 PM INDEX NO. EFCV-22-161889 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/14/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ST LAWRENCE ____________________ _____________________________ Midland Credit Management, Inc PLAINTIFF, -AGAINST- INDEX NUMBER: SUSAN LAMB S&S FILE NO. C603776 DEFENDANT. _____________________________________ ____________ NOTICE OF COMMENCEMENT OF ACTION SUBJECT TO MANDATORY ELECTRONIC FILING PLEASE TAKE NOTICE that the matter captioned above, which has been commenced by the filing of the accompanying documents with the County Clerk via the New York State Courts Electronic Filing System ("NYSCEF"), is subject to mandatory electronic filing pursuant to Section 202.5-bb of the Uniform Rules for the Trial Courts. This notice is being served as required by Subdivision (b) (3) of that Section. Counsel and/or parties must either: 1) immediately record their representation within the e-filed matter on the Consent/Represent page in NYSCEF; or 2) file the Notice of Opt-Out form to claim one of the limited exemptions from mandatory e-filing (see below). Failure to record representation may result in an inability to receive electronic notice of any document filings. Claiming an exemption will require the exempt party to serve and be served with hard copy documents. Counsel and unrepresented parties who intend to participate in e-filing must first create a NYSCEF account and obtain a userID and password. 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: efile@nycourts.gov; mailing address: 60 Centre Street, New York, New York 10007). Exemptions from mandatory e-filing (Section 202.5-bb(e)) are limited to: 1) attorneys who certify in good faith that they lack the computer hardware and/or scanner and/or internet connection or that they lack (along with all employees subject to their direction) the operational knowledge to comply with e-filing requirements; and 2) parties who expect to represent themselves and who choose not to participate in e-filing. (Such parties are encouraged to visit www.nycourthelp.gov or contact the Help Center in the court where the action is pending.) Dated: February 08, 2022 Selip & St ianou, LLP By: DAVID COHEN ESQ., Attorney for Plaintiff P.O. Box 9004, 199 Crossways Park Drive, Woodbury, NY 11797-9004 (516) 686-8991; (800) 293-6006 ext. 8991; To: SUSAN LAMB, 105 MAPLE ST APT A, MASSENA, NY 13662 4 of 4