Midland Credit Management, Inc v. COLLEEN HUNT, 802129/2024, 1 (N.Y. Sup. Ct., Erie County Feb. 8, 2024) (2024)

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`FILED: ERIE COUNTY CLERK 02/08/2024 06:05 PM
`FILED: ERIE COUNTY CLERK 02/08/2024 06:05 P
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`NYSCEF DOC. NO.
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`NYSCEF DOC. NO. 1
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`INDEX NO. 802129/2024
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`INDEX NO. 802129/2024
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`RECEIVED NYSCEF: 02/08/2024
`RECEIVED NYSCEF: 02/08/2024
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`SUPREME COURTOF THE STATE OF NEW YORK
`COUNTY OF ERIE
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`MIDLAND CREDIT MANAGEMENT,INC
`PLAINTIFF,
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`-AGAINST-
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`INDEX NUMBER:
`S&S FILE NO. C608130
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`COLLEEN HUNT
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`COMPLAINT
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`DEFENDANT.
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`Plaintiff, by its attorneys, complaining of the Defendant(s), respectfully alleges that:
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`|. Plaintiff is a foreign corporation licensed to transact business in New York.
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`2. Upon information and belief, the Defendant(s) resides or has an office in the venue in which
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`this action is brought, or the Defendant(s) transacted business within the venue in whichthis action is
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`brought, either in person or through an agent, and the instant cause of action arose out of said transaction.
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`3. Based upon a reasonable inquiry, the Statute of Limitations for the cause of action asserted
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`herein has not expired.
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`FACTS
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`4. Plaintiffs predecessor in interest, COMENITY CAPITA L BANK(hereinafter "Original
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`Creditor"), opened a BJ'S-branded account (hereinafter the "Account") in Defendant's name on May 20,
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`2020, subject to the terms and conditions provided, or made available in electronic format, to the Defendant
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`(the "Agreement").
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`5. Defendant used the Account and incurred a balance. The last four digits of the Account
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`number on the most recent monthly statement recording a purchase transaction, last payment, or balance
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`transfer (the "Last Activity Statement") are 2223, and the balance owedasset forth in the Last Activity
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`Statement was $868.54.
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`6. Defendant breached the terms of the Agreement by failing to make the agreed-upon payments
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`when due.
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`7. Demand for payment of the Account was made on Defendant, but Defendant failed to make
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`all the required payments. The Defendant's last payment was made on or about April 17, 2021 in the
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`amount of $50.00.
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`8. Asaresult of Defendant's default, the Original Creditor closed the Account and subsequently
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`charged it off on December 31, 2021 in the amount of $1,299.41, as reflected in the attached statement.
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`9. The Original Creditor sold the Account, including all right, title and interest in and to the
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`FILED: ERIE COUNTY CLERK 02/08/2024 06:05 PM
`FILED: ERIE COUNTY CLERK 02/08/2024 06:05 P
`NYSCI
`EF DOC. NO.
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`NYSCEF DOC. NO. 1
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`INDEX NO. 802129/2024
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`INDEX NO. 802129/2024
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`RECEIVED NYSCEF: 02/08/2024
`RECEIVED NYSCEF: 02/08/2024
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`outstanding balance owed by Defendant. The account balanceat time of the sale was
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`$1,299.41. Plaintiff purchased the Account on or about January 21, 2022 and is now the owner and
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`assignee of the Account. The full chain oftitle of the Accountis as follows:
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`a€¢ On or about 01/21/2022, Midland Credit Management, Inc purchased the account from
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`COMENITY CAPITAL BANK.
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`10. The balance currently due and owing is $1,299.41, itemized as follows:
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`Balance dueat time of charge-off:
`Plus total amount of interest accrued since charge-off:
`Plus total amount of non-interest charges or fees since charge-off:
`Plus total amountof dishonored payments:
`Less total amount of payments and/or credits since charge-off:
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`$1,299.41
`$0.00
`$0.00
`$0.00
`$0.00
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`AS AND FORA FIRST CAUSE OF ACTION
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`11. Plaintiff repeats and re-alleges each and every allegation contained in the foregoing
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`paragraphsas if more fully set forth herein.
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`12. Asaresult of Defendant's breach of the Agreement, and after crediting Defendantforall
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`payments and credits, there is now due and owing by Defendantto Plaintiff the sum of $1,299.41, no part
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`of which has been paid despite due demandtherefor.
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`WHEREFORE, Plaintiff demands judgment against Defendant(s) in the amount of $1,299.41 together
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`with costs and disbursem*nts.
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`The undersigned attorney hereby certifies that, to the best of his/her knowledge, information, and belief,
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`formed after an inquiry reasonable under the circ*mstances, the presentation of the within complaint and
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`the contentions therein are not frivolous as defined in part 130-1.1(c) of the rules of the Chief
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`Administrator.
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`Dated: FEBRUARY02, 2024
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`YOU
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`.
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`By: Nit p
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`MITCHELL SELIP 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. C608130
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`FILED: ERIE COUNTY CLERK 02/08/2024 06:05 PM
`FILED: ERIE COUNTY CLERK 02/08/2024 06:05 P
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`NYSCEF DOC. NO.
`1
`NYSCEF DOC. NO. 1
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`INDEX NO. 802129/2024
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`INDEX NO. 802129/2024
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`RECEIVED NYSCEF: 02/08/2024
`RECEIVED NYSCEF: 02/08/2024
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`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTYOF ERIE
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`Midland Credit Management, Inc
`PLAINTIFF,
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`-AGAINST-
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`COLLEEN HUNT
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`DEFENDANT.
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`INDEX NUMBER:
`S&S FILE NO. C608130
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`NOTICE OF COMMENCEMENTOF ACTION SUBJECT TO MANDATORY ELECTRONIC FILING
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`PLEASE TAKE NOTICEthat the matter captioned above, which has been commencedbythefiling
`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) ofthat
`Section.
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`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 documentfilings. Claiming an exemption will require
`the exempt party to serve and be served with hard copy documents.
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`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 NYSCEFaccount, visit the NYSCEF website at www.nycourts.gov/efile or contact the
`NYSCEFResource Center (phone: 646-386-3033; e-mail: efile@nycourts.gov; mailing address: 60
`Centre Street, New York, New York 10007).
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`Exemptions from mandatory e-filing (Section 202.5-bb(e)) are limited to:
`1) attorneys who certify in goodfaith 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 notto 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.)
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`Dated:February02,2024 MittUb
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`Selip & Stylianou, LLP
`By: MITCHELL SELIP ESQ., Attorney for Plaintiff
`P.O. Box 9004, 199 Crossways Park Drive, Woodbury, NY 11797-9004
`(516) 686-8991; (800) 293-6006 ext. 8991;
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`To: COLLEEN HUNT, 2189 N FRENCH RD APT 1, GETZVILLE, NY 14068
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