On March 06, 2024 a
Answer
was filed
involving a dispute between
American Express National Bank,
and
Richard Biber
Aka Richard J Biber,
for Other Matters - Consumer Credit (Card) Original Creditor Plaintiff
in the District Court of Suffolk County.
Preview
FILED: SUFFOLK COUNTY CLERK 03/20/2024 12:05 PM INDEX NO. 605890/2024
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/20/2024
5w01k. Part:
5.9,,me COURT COUNTY OF
WRITTEN ANSWER
Plaintiff(s)
-against- CONSUMER CREDIT TRANSACTION
Defendant(s) Index Number: foO$8¶ OfLo 2.4
ANSWER: (Check all that apply)
1. General Denial: I deny the allegations in the Complaint.
)
SERVICE
2. O I did not receive a copy of the Summons and Complaint.
3. O I received the Summons and Complaint, but service was not correct as required by law.
DEFENSES
4. It is not my debt. I am a victim of identity theft or mistaken identity.
5. I have paid all or part of the alleged debt.
6. S I dispute the amount of the debt.
7. I had no business dealings with Plaintiff (Plaintiff lacks standing).
8. O There is no record of plaintiff having a license to collect debt (only for cases filed in New York City, Buffalo and
other municipalities requiring debt collectors to be licensed).
9. O Plaintiff does not allege a debt collector's license number in the Complaint (only for cases filed in New York
City, Buffalo and other municipalities requiring debt collectors to be licensed).
10. O Statute of limitations (the time has passed to sue on this debt).
11. O This debt has been discharged in bankruptcy.
12. O The collateral (property) was not sold at a commercially reasonable price.
13. O Failure to provide proper notice before selling collateral (property).
14. Failure to mitigate damages (Plaintiff did not take reasonable steps to limit damages).
15. Unjust enrichment (the amount demanded is excessive compared with the original debt).
16. E Violation of the duty of good faith and fair dealing.
17. Unconscionability (the contract is unfair).
18. B Laches (plaintiff has excessively delayed in bringing this lawsuit to my disadvantage).
19-a. O OUTSIDE OF NEW YORK CITY ONLY: Lack of personal jurisdiction under Uniform City Court Act § 213 (applies if
you do not work in the city where the case was filed and you are not a resident of that city or (for all counties
except Westchester and Nassau counties) you are not a resident of a town next to that city within the same
county).
19-b. O SUFFOLK COUNTY: Lack of personal jurisdiction; the defendant is not a resident and/or was not served in, or
there was no transaction of business in, that portion of Suffolk County for which a District Court has been
established (Towns of Huntington, Babylon, Islip, Smithtown and Brookhaven).
20. O Defendant is in the military.
OTHER
21. O Other Reasons
22. O Please take notice that my only source of income is , which is exempt from collection.
COUNTERCI.AIM(S)
23. O Counterclaim(s): $ Reason:
VERIFICATION
State of New York, County of Sw-FLM ss:
Richecl edbe.r , being duly sworn, deposes and says: I have read the Answer in Writing and know
the contents to be true from my own knowledge, except as to those matters stated on information and belief, and as to
those matters I believe thern be true.
S n to before me this day of . , 20 .
ignature of Defendant
Notary P bli Defendant's
Address: a
This case is scheduled to appear on the court calendar as follows:
Date: Part: Room: Time: Both sides notified: Yes No
UCs-CC- vise 1/15)
PA) JUNE MARY JENKINS
NC Y RY F i !C, STATE OF NEW YORK
NO. 04JEG157327
Q tJAdFiED IN SUFFOLK GOUNW
1 of 1
COMM|RSION EXPIRES DEC 4, 20___
Document Filed Date
March 20, 2024
Case Filing Date
March 06, 2024
Category
Other Matters - Consumer Credit (Card) Original Creditor Plaintiff
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Preview
FILED: SUFFOLK COUNTY CLERK 03/20/2024 12:05 PM INDEX NO. 605890/2024 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/20/2024 5w01k. Part: 5.9,,me COURT COUNTY OF WRITTEN ANSWER Plaintiff(s) -against- CONSUMER CREDIT TRANSACTION Defendant(s) Index Number: foO$8¶ OfLo 2.4 ANSWER: (Check all that apply) 1. General Denial: I deny the allegations in the Complaint. ) SERVICE 2. O I did not receive a copy of the Summons and Complaint. 3. O I received the Summons and Complaint, but service was not correct as required by law. DEFENSES 4. It is not my debt. I am a victim of identity theft or mistaken identity. 5. I have paid all or part of the alleged debt. 6. S I dispute the amount of the debt. 7. I had no business dealings with Plaintiff (Plaintiff lacks standing). 8. O There is no record of plaintiff having a license to collect debt (only for cases filed in New York City, Buffalo and other municipalities requiring debt collectors to be licensed). 9. O Plaintiff does not allege a debt collector's license number in the Complaint (only for cases filed in New York City, Buffalo and other municipalities requiring debt collectors to be licensed). 10. O Statute of limitations (the time has passed to sue on this debt). 11. O This debt has been discharged in bankruptcy. 12. O The collateral (property) was not sold at a commercially reasonable price. 13. O Failure to provide proper notice before selling collateral (property). 14. Failure to mitigate damages (Plaintiff did not take reasonable steps to limit damages). 15. Unjust enrichment (the amount demanded is excessive compared with the original debt). 16. E Violation of the duty of good faith and fair dealing. 17. Unconscionability (the contract is unfair). 18. B Laches (plaintiff has excessively delayed in bringing this lawsuit to my disadvantage). 19-a. O OUTSIDE OF NEW YORK CITY ONLY: Lack of personal jurisdiction under Uniform City Court Act § 213 (applies if you do not work in the city where the case was filed and you are not a resident of that city or (for all counties except Westchester and Nassau counties) you are not a resident of a town next to that city within the same county). 19-b. O SUFFOLK COUNTY: Lack of personal jurisdiction; the defendant is not a resident and/or was not served in, or there was no transaction of business in, that portion of Suffolk County for which a District Court has been established (Towns of Huntington, Babylon, Islip, Smithtown and Brookhaven). 20. O Defendant is in the military. OTHER 21. O Other Reasons 22. O Please take notice that my only source of income is , which is exempt from collection. COUNTERCI.AIM(S) 23. O Counterclaim(s): $ Reason: VERIFICATION State of New York, County of Sw-FLM ss: Richecl edbe.r , being duly sworn, deposes and says: I have read the Answer in Writing and know the contents to be true from my own knowledge, except as to those matters stated on information and belief, and as to those matters I believe thern be true. S n to before me this day of . , 20 . ignature of Defendant Notary P bli Defendant's Address: a This case is scheduled to appear on the court calendar as follows: Date: Part: Room: Time: Both sides notified: Yes No UCs-CC- vise 1/15) PA) JUNE MARY JENKINS NC Y RY F i !C, STATE OF NEW YORK NO. 04JEG157327 Q tJAdFiED IN SUFFOLK GOUNW 1 of 1 COMM|RSION EXPIRES DEC 4, 20___