SMALL CLAIMS WRIT
`AND NOTICEOF SUIT
`JD-CV-40 Rev. 9-19
`'
`CGS. 88 51-15, 51-345()
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`
`
`STATE OF CONNECTICUT
`SUPERIOR COURT /
`
`i
`SMALL CLAIMSSESSION |
`www.jud.ct.gov —
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`
`Type orprint legibly. This Writ and Notice ofSuit must be served on (delivered to) the
`defendant(s) beforefiling it with the court. See Instructions to Plaintiffon reverse.
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`1.) Location information that will determine where thetrial will be:
`2.) Case type code (See list on reverse page 1)
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`DANBURYJudicial District at 146 WHITE STREET, DANBURY,CT 06810
`Major:
`S Minor:
`15
`3.) Is this a claim between a landlord and a tenant (renter)?
`4.) If you answered “Yes”to question #3, state the town where the rental premises is located:
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`(Select one) O Yes
`No
`meee
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`Name (Last, First, Middle Initial) and Address of Each party (Number; Street; P.O. Box; Town; State; Zip; Country, ifnot USA)
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`Name: PORTFOLIO RECOVERY ASSOCIATES, LLC
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`§.) First
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`(Select one) OLLCOPartnership
`Address: po BOX 12914, NORFOLK VA 23541
`Plaintiff
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`O Individual ODBA & Corporation
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`Telephone:
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`6.) Name, address and zip code of Attorney for Plaintiff(s)
`Attorney’s Juris number|Telephone number(w/area code
`RAUSCH STURM LLP
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`440474
`(877) 215-2552 TTY: 711
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`250 N. Sunnyslope Road, Suite 300, Brookfield WI 53005
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`
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`Name: BERNABE, EDITH
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`7.) First
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`(Select one) OLLC 0 Partnership
`Address: 86 OLD HAWLEYVILLE RD, BETHELCT 06801-3040
`D-01
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`Defendant
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`
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`@ Individual ODBAOoCorporation
`Telephone: 203/790-9962
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`
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`For morethan 1 plaintiff/defendant, attach Continuation ofParties (form JD-CV-67) and select this box. O
`8.)
`If this claim is a consumer debt, whichis a debt or obligation made primarily for personal, family, or household reasons, give the reasons why you
`believe thatthe statute of limitations has not expired.
`Pursuantto C.G.S. 52-576, this action may be brought within 6 years of default. Defendant never made a paymentto the Original
`Creditor on the account ending ***+0295),
`9.) How did you checkin the last 6 monthsthatthe address given for defendant(s) is accurate?
`Select all boxes that apply and provide the datesthat the address was checked.
`QO
`Icheckedtownorcity records (for example, checkinga streetlist or tax records);
`QO
`Ichecked with the Department of Motor Vehicles;
`Q I received correspondence(letters or other mail) from the defendant with that return address;
`C Ireceived other proof from the defendantthat the addressis current;
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`
`(date checked)
`(date checked)
`
`(date checked)
`
`(descriptionofproofand date checked)
`& I mailed byfirst class mail, at least 4 weeks before this small claims action was filed, a letter to the defendantat the
`(last date checked
`address used andtheletter has not been returned to meby the United States Postal Service. <DATE> (ol5la3
`for returnedletter)
`Ala1le3
`10.) Amount claimed*
`Plus Costs
`© Plus pre-judgmentinterest**
`$623.48
`D Plus double damagesfor security deposit withheld**
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`*The Amount Claimed may not be more than $5,000. Do not include amounts
`**Ifyou check one or more boxes, you MUSTexplain
`forpre-judgmentinterest or doubling the security deposit in box 10.
`how much you wantfor eachitemin section 11 below.
`To Defendant(s):
`11.) You are being sued. The Plaintiff(s) claims you owe the above amount plus costs and pre-judgmentinterest and/or double damages for a withheld
`security deposit(if selected) for the following reasons:
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`SEE ATTACHED COMPLAINT.
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`Ni
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`lain
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`The person signing below, being duly swom,states that he or she has read the claim above and the information contained in this form and,to the best ofhis
`or her knowledge, information and belief, there is good groundto support the claim andthe information is true.
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`12.) Signed ED
`Typé'in nameofperson signingatleft andtitle,
`For CourtUse Only (Date/Stamp)
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`
`
`if applicable
`ABCD ivi. Calaatittey for P
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`tiff
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` Subscribed and Date-<-
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`Siero(ClerkBoturbg1 missioner ofStiperi
`swornto beforeme on
`seP 2 9 2023 EAEa
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`= Oe = =
`ADANOTICE
`The Judicial Branchof the State of Conneoticut complies with the Americans with
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`
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`Disabilities Act (ADA). If you need a reasonable accommodationin accordance with
`
`Docket Number
`the ADA, contact
`a court clerk or an ADA contact person listed at
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`
`
`www.jud.ct.goV/ADA.
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`Distribution: Copy3- PlaintiffOriginal - Court Copy 1 - Defendant Copy 2 - Defendant 4743459
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`DOCKET NUMBER:
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`:
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`SMALL CLAIMS
`
`PORTFOLIO RECOVERY ASSOCIATES, LLC:
`
`JUDICIAL DISTRICT OF
`
`Vv.
`
`EDITH BERNABE
`Defendant(s)
`
`:
`
`COMPLAINT
`
`;
`
`DATE: <pate>
`
`:
`
`ts
`
`ext}S
`EP 29 2023
`
`OurFile No. 4743459
`
`Now comesthePlaintiff, PORTFOLIO RECOVERY ASSOCIATES,LLC, who hereby submits
`the following as its Complaint against Defendant, EDITH BERNABE:
`
`PARTIES
`1. Plaintiff, PORTFOLIO RECOVERY ASSOCIATES,LLC,is a Foreign Corporation having a
`principal place of business at PO BOX 12914, NORFOLK VA23541.
`
`2. Defendant, EDITH BERNABE,is a natural person residing at 86 OLD HAWLEYVILLERD,
`BETHEL CT 06801-3040.
`
`COUNT 1. ACCOUNT STATED
`3. On or about February 15, 2022, EDITH BERNABE("Defendant") entered into an apreementwith
`SYNCHRONYBANK("Original Creditor") for the extension of credit through the use ofa credit card or
`line of credit, accountending in *#****##*+**#Q950 ("Account").
`
`4, Defendant's use of the Account bound the Defendant by the terms and conditionsofthe agreement;
`including,an obligation to pay the minimum amountdueontime,to pay any finance chargesat an annual
`percentagerate, and to raise any disputesas to any statementreceived within a reasonable amountof time.
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`5. Defendant used the Account for the purchases of goods, merchandise, services and/or cash
`advances.
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`6. The Original Creditor, in connection with the Account, mailed, delivered, sent or otherwise
`transmitted monthly billing statements setting forth the charges and amounts due on the Account, which
`is the subjectof this action.
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`7. The Defendantreceived and held these accountstatements for an unreasonable time without any
`objection,as defined by 15 U.S.C. 1666(a), requiring submission ofwritten notice ofobjection within sixty
`(60) days oftransmission of the accountstatement.
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`8. As no proper written objection was made,the statements are presumedaccurate, and constitute an
`“account stated” which is prima facie evidence of the correctness of the Account.
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`9. Defendant never made a payment
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`to the Original Creditor on the account ending
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`10. On or about December 10, 2022, Original Creditor sold Defendant's Account with a balance of
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`$661.48 to PORTFOLIO RECOVERY ASSOCIATES,LLC("Plaintiff"). Pursuantto this purchase and
`sale, Original Creditor assigned all of its contractual rights between Original Creditor and Defendantto
`the Plaintiff.
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`11. Plaintiff has demanded payment from Defendant, but has not received satisfaction of this
`outstanding debt.
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`12, Pursuantto the purchase,sale and assignmentofcontractualrights givento the Plaintiff, Plaintiff
`seeks damages for the accountstated less any credit(s) on the Account occurring after the last statement
`wastransmitted.
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`WHEREFORE,thePlaintiff claims:
`1. Money damagesin the amount of $623.48;
`2. Court Costs;
`3. Suchotherrelief as this Court deemsproper.
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`Date: <pate>
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`Plaintiff, PORTFOLIO RECOVERY ASSOCIATES, LLC
`Byand through counsel,
`
`<SNAME>
`
`RAUSCH=mLLP (JurisNo. 440474)
`
`{
`
`Grace Calamita (Juris No. 419465) v~
`250 N. Sunnyslope Road, Suite 300, Brookfield WI 53005
`Phone: (877) 215-2552 TTY: 711
`Attorney Direct Phone No.: <PHONE>
`Email: LawfirmCT @rauschsturm.com
`
`<CNCT>
`
`Our File No. 4743459
`
`

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`Z
`
`INSTRUCTIONS TO DEFENDANT
`(NOTICE TO PERSON BEING SUED)
`JD-CV-121 Rev. 2-18
`
`
`STATE OF CONNECTICUT /
`SUPERIOR COURT |
`www.jud.ct.gov \
`
`Pleasereadthe instructions carefully.
`For more information, get a copy ofHow Small Claims Court Works (form JDP-CV-45)from a Clerk’s Office, Court
`Service Centeror on the Judicial Branch website, at www. jud.ct.goc/publications/CV045.
`You may also find information on the Small Claims F;requently Asked Questions page on the Judicial Branch website at
`www.jud.ct.gov/fag/smallclaims.html or by contacting the clerk’s office or a Court Service Center.
`Whatis the Small Claims Writ and Notice of Suit (form JD-CV-40) that I have received?
`The person suing you (called the plaintiff) has delivered to you (served on you) a copy of the Small Claims Writ and
`Notice ofSuit (form JD-CV-040) and any documentsrelated to your case. The Small Claims Writ and Notice ofSuit
`containsthe plaintiffs complaint, which explains how much moneytheplaintiff claims you owe them and the reasons
`whythey think you owe them.
`
`How do I defend my case?
`In order to respondto the plaintiff's complaint, you must complete an Answerform andreturn it to court. The court will
`send you an Answer form. The Answer form will tell you the court house where you mustreturn the form and the date
`by which you mustreturn it.
`You should receive an Answer form within six (6) weeks, butif you do not, call the clerk’s office to ask why you have
`not received it yet. Do notfile a response until you receive an Answer form.
`The Answerform contains an Answer section, where you respondto theplaintiff’s claims, and a Counterclaim section,
`where you can make claimsagainstthe plaintiff. The Answersection must be completed. It is up to you whether you
`complete the Counterclaim. Thereis a fee forfiling a counterclaim, which is discussed below.
`
`Howdo I respondto the plaintiff’s claims? - Filing an Answer
`The Answeris your chanceto respondorreplyto the plaintiff's claim. You may admit or denyall or part of the
`plaintiff's claim. You Answer should be specific, butbrief. Complete the form and sign it. Keep a copy for yourself and
`send a copyto each attorney orother representative ofthe plaintiffor,if the plaintiff is representing themselves, send a
`copy to the plaintiff. If you are not filing a Counterclaim, send the original Answer form to the court at the address listed
`on the form by mail, fax or hand delivery. The court must receive your Answer form on or before the Answer Date.
`If you arefiling a Counterclaim,see the discussion on Counterclaims, below.
`
`Whatif I know I owetheplaintiff some money?
`If you know you owetheplaintiff something, but do not agree on the amountin the claim or are note sure how much you
`owe, you shouldfile an Answer. This gives you a chance to cometo court for a hearing (also calleda trial) to question
`howtheplaintiff added up the amountor to say why you think the amount should bedifferent.
`Whatif I admit that I owetheplaintiff all of the money theyare asking for but wanttime to pay?
`If you are sure that you owethe entire amount claimed by the plaintiff but want or need moretime to pay, you may say
`this on the Answer form andfile it with the court. You may ask for a period oftime during which you can make
`paymentsin an amountthat you suggest. If you ask for moretime, but do not ask for a specific time period or amount,
`the court will enter a judgment with an order of payments of $35 each week until the judgmentis paid. If you ask to pay
`less than $35 per week, andtheplaintiff does not agree, a hearing will be scheduled. A judgmentagainst a business and a
`judgment againsta landlordfor return of a security deposit will be ordered to be paid in a lump sum.
`Whatif I pay the full amountpluscosts, if any, before the Answer Date?
`If you paytheplaintiff, plaintiffs representative, or plaintiff’s attorney the full amountof the claim pluscosts,if any,
`before the Answer Date, you should say that on the Answer form andfileit with the court.
`Donot send payment(s) to the Court.
`
`Whatshould I doif the plaintiff owes me money? - Filing a Counterclaim
`If you claim that the plaintiff owes you money, you may wishto file a Counterclaim. First, you should complete the
`Answerportion of the Answer form. Then you may complete the Counterclaim section of the Answer form. In that
`section, explain whyyou think theplaintiff owes you money and how much money you claim the plaintiff owes you.
`When you have completed the form,sign it. Keep a copy for yourself and send a copy to each attorney or other
`tepresentative ofthe plaintiff or, if the plaintiff is representing themselves, send a copyto the plaintiff. Send the original
`Answer form to the courtat the addresslisted on the form by mail or hand delivery along withafiling fee of $95. The
`court must receive your Answer form on or before the Answer Date. You cannot fax a Counterclaim andits filing
`fee to the court.
`4743459
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`Whathappensif I do notfile an Answer?
`If you do notfile an Answer in writing with the court, a money judgment may be entered against you. Thisis called a
`default judgment. After the Answer Date has passed, yourcase will be reviewed by a Magistrate, who will decide
`whether a judgmentshould enter without a hearingorif a hearing must be scheduled. The Magistrate may award the
`plaintiff the full amountof their claim, plus court costs.
`
`What happens ifI file an Answer? Will I haveatrial?
`If you file an Answer, the Court will schedule a hearing(also calledatrial), if oneis required. The court will send you
`a notice letting you know exactly when and whereyourcasewill be heard. Do not cometo court for a hearing on
`the AnswerDatelisted on the Answer form. Cases are scheduled for hearing as quickly as possible.
`What happensif I file a Counterclaim? Will I haveatrial?
`If y ou file a Counterclaim with your Answer,a notice will be sent to you and theplaintiff letting everyone know that a
`Counterclaim has beenfiled andtelling the plaintiff when they mustfile their Answerto the Counterclaim. After the
`Counterclaim Answer Date has passed,the court will schedule a hearing (also called a trial), if one is required. The
`court will send you a notice letting you know exactly when and where yourcase will be heard. Do not come to
`courtfor a hearing on the Answer Date listed on theAnswer form. Cases are scheduled for hearing as quickly as
`possible.
`’
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`WhatdoI need to bring to Court for my hearing(trial)?
`On the day of your hearing, you shouldbring all of your witnesses and any evidence you have. This mayincludebills,
`invoices, checks, damage estimates, pictures or other documents. Evidence may also include any defectiveor damaged
`goods that can be broughtsafely and easily into the court. Be prepared and organized so that you can present your
`complete case. A small claims judgment cannotbe appealed.
`
`contact person listed at www.jud.ct. g0v/ADA.
`
`ADA NOTICE
`Judicial Branch of
`the State of
`The
`Connecticut complies with the Americans with
`Disabilities Act
`(ADA).
`If you need a
`reasonable accommodationin accordancewith
`the ADA, contact a court clerk or an ADA
`
`4743459
`
`