(b) Supporting proof grounds relief to either party. Plaintiff-Original Creditor moves by notice of motion to establish that as a matter of law, the admissible evidence presented within the motion papers make out a prima facie entitlement to summary judgment pursuant to NYS CPLR 3212 (b): Oral argument held on motion on March 14, 2019, and court adjourned to Septemfor conference pending decision on the instant motion. Defendant's opposition dated Decemand Plaintiff's reply to defendant's opposition dated February 7, 2018. On October 17, 2017, issue was joined upon defendant filing of Answer with the Court, stating: "I received the Summons and Complaint, but service was not correct as required by law." "I have paid all or part of the alleged debt" "I dispute the amount of the debt" and "I'm currently unemployed" (Motion Exhibit 3). Based on Plaintiff's records, there are no unresolved billing disputes related to the Account. Attached hereto and incorporated herein as Exhibit "A" is a copy of the last periodic statement provided to Defendant prior to charge-off. In accordance with federal regulations, monthly periodic statements for the Account have been provided to the Defendant and retained without successful objection. The Account is not accruing post charge-off interest.ħ. The current Account balance is $11,253.73, which includes any applicable payments and credits. The entire balance on the Account is owed to Plaintiff and is presently due and payable in full.Ħ. Defendant breached the Agreement by failing to make periodic payments as required thereby and the Account was subsequently charged-off. 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.ĥ. Defendant applied for and received a credit account, which is owned and administered by Plaintiff (the "Account"). Seeking to recover this unpaid balance of $11,253.73, plaintiff commenced this consumer credit transaction case on Octoto recover said sums due and owing by Summons and Complaint for the following claims:Ĥ. ![]() However, defendant remains in default of the agreement for the charge off balance amount of $11,253.73. ![]() Demand for payment has been made by plaintiff to defendant. Plaintiff claims with attached statements contained within Affidavit in Support of Motion for Summary Judgment, last payment made by defendant was $83.00 on June 23, 2015, resulting in the current balance due of $11,253.73. Plaintiff mailed monthly statements which were received and presumably retained by defendant for account activity from Februthrough Januwithout any noted objection. Thereby authorizing defendant to make purchases, receive cash advances and was obligated to reimburse plaintiff in addition to finance charges. For the reasons set forth below, Plaintiff's motion is GRANTED.ĭefendant entered into a revolving credit card agreement with plaintiff-original creditor, Bank of America, N.A. Plaintiff moves This Honorable Court by Notice of Motion, Opposed, pursuant to CPLR 3212 for an Order granting Summary Judgment in favor of Plaintiff and against Defendant for the relief sought in the Complaint together with such other and further relief deemed just and proper. ![]() SUMMONS, COMPLAINT & AFFIDAVIT OF SERVICE 5-6 NOTICE OF MOTION & AFFIDAVIT OF SERVICE 1-2ĪFFIDAVIT OF FACTS & CHARGE OFF STATEMENTS 4 OF THE PAPERS CONSIDERED IN THE REVIEW OF THIS MOTION This opinion is uncorrected and will not be published in the printed Official Reports.Ĭivil Court of the City of New York, Kings County Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. Civil Court Of The City Of New York, Kings County
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