I’ve been enjoying the wonderful blog by SJ Mills at CAIPNJ.ORG as of late and his one man fight against Capital One and the company whom he calls Cap One co-conspirators, Pressler & Pressler, LLP.
Mr. Mills was sued by Pressler and Pressler, who named “Capital One” as the Plaintiff in the case. It turns out that Cap One no longer owned the account which was the subject of the lawsuit, but had charged it off. During the court proceedings, according to Mr. Mills, Mitchell Williamson of Pressler & Pressler admitted that AMER-TRAK or TRAKAMERICA assigned Pressler & Pressler the alleged account admitting that they were not hired by Capital One Bank!
Now, if we were to assume that Capital One Bank directly hired Pressler & Pressler then we would assume that a) Pressler & Pressler are actual lawyers, (which just can’t be true) and/or b) that Capital One Bank are knowingly committing FRAUD by not only attempting to Collect on a Defaulted Account, but by attempting to collect a Debt well beyond the Statute of Limitations and adding interest on an already collected account; even though they admitted that AMER-TRAK or TRAKAMERICA are handling the account.
And then there is this; if AMERTRAK or TRAKAMERICA are “handling” the account as stated, then Pressler & Pressler are actually collecting for AMERTRAK or TRAKAMERICA and NOT Capital One Bank like they sued me for over a year in the Bergen County Civil Court; thus proving FRAUD upon the Court and have committed fraud by attempting collection in a name other than the original supposed account holder.
I published a post in July in which I suspected that this was a regular practice by debt collectors trying to collect on Capital One accounts; they name Capital One as the Plaintiff, when they’ve actually been hired as a third party. As I pointed out in the above mentioned post, naming Cap One as the Plaintiff changes the rules of the game in court significantly. If the Plaintiff in a lawsuit is a third party (not the original creditor), basically everything they say in court can be ruled as hearsay. Besides, it’s out-and-out fraud. Just FYI, that post is by far the most popular post on this blog, garnering 87 comments.
I’m cheering for Mr. Mills, who has filed a lawsuit for fraud and harassment, among other things, in the New Jersey courts against Capital One, Pressler and Pressler, and various other persons. The case is not decided yet, but you can get tabs on his progress and read his voluminous accounts of his encounters from start to finish. It’s entertaining reading.
Has this happened to you? Tell us about it! If you have a specific question – please, ask it at our forum discussion boards. We talk about this all the time!
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Interesting site, but a whole lot of mis information
first the suit has to be in the name of the party holding the debt–or is ripe for motion to dismiss
always make your affirmative defenses–or you waive them
the attorny can not testify for the client–many states require a verified suit–ie someone from the cc company must sign under oath this is correct.
if any part of the complaint is scandalous–file a motion to strike–many complaints say you refused to pay–big no-no
never admit the claim or try to work out a deal–this many times re activates the statute of limitations that was about to expire–check these in your state–for open account–simple contract and written contract
use discovery!!!!!!–demand the original of every document, make someone from the cc company come and testify—learn your states evidence rules!!! documents have to be authenicated–if not are not admissiable read Hill v. Am Express if you are in Georgia–CC’s are simple contracts and 6 year SOL
read an alledged customer agreement–see if you have your copy–are they the same?–did they breach the contract first?
good Hunting!!!!
Jadga
Third party collection said they were Capital One, lot’s went wrong, not served, no witness, not complete bills, unknown card numbers etc, but got collectors got judgement through arbritation.
Please help me I have problems with Capital one. I have a collection agency calling me 20 times a day. I mailed in my payments and they where 8 days late in the mail on all three of my cards the charged me $29.00 + overlimit fees on all three cards. They have raised my interest rates `10% and put me in collection and I am not even thirty days late. They are beyond harrasment. They are also charging me a $4.00 membership fee every month. I have not used my credit cards in over a year and had the balances paid down and now they are $200.00 over limit because my payments are two days late every month becasue they switched my due dates. What can I do?
My suggestion is to stop paying them and send them a debt validation letter. You can read up on that here.
How do you identify debt collector / law firm as the real party of interest in a Lawsuit & not Capital One Bank ?
Mostly by asking for documentation during discovery.
Thank you , OK I am not the brightest bulb in the lamp.
What do I ask for in Discovery for them to produce that they are working for Capital one bank and not for themselves ?
Aren’t the lawyers going to reply falsely in Discovery that they have been retained by bank capital one ?
They might..you may want to ask for the Chain of Custody. (Do a search on this)
I got sued by a lawyer in TN, where I live, listing Cap One as plaintiff. I asked for verification and validation. I went to my first court date and they postponed. Within a week they provided a photo copy of an old statement and a signed card appliction. the account was delinquent for about 3 years. I sent off a request for further documents by certified mail and waited until my second court date. I went to the court date. They stated they didn’t recieve the request for further docs and took me to the judge. He looked at the staement and awarded them that amount. I asked about my request for further docs and he said I could get a lawyer and appeal. I don’t have money for that so I filed slow pay motion. Have to go to the court for that hearing now. I showed my paperwork to a lawyer and they said I was being sued by Cap one. I doubt it though. Any oppinions here. This is happening here by the hundereds a week if you look at the dockets.
Don’t be idots, just pay off your card and we won’t charge you the pd fee and the ol fee and then raise your interest to the default of 29.40%…..just get over and don’t misuse credit!