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.
Update (4/3/2010): You’ll probably want to read this:Trado: Scott Mills Caipnj vs. Pressler Pressler. Full docket of the case.
Some one else left this opposing comment: DOCKET NO. A-3460-07T23460-07T2, New Century Financial vs. Dunn – Pressler and Pressler lost.
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!
No related posts.
I to am getting sued by Capital One they are named Plaintiffs but when i called they also gave me the National Attorney Network #. I have my doubts that they are actual Plaintiff a law firm here in NY Forster And Garbus state they are Attorneys for Plaintiff but CLEARLY STATE THEY ARE DEBT COLLECTORS on all Court papers served i asked that the correct Plaintiff be named they refused i made a counterclaim they told Court i have no Documentary Evidence. I am fighting the case so far on my own its amazing that only 10% of Defendants served answer complaint easy win for these guys by default Judgement. Anyway i am firing away with all i have Motions ,demand for bill of Part. ETC ANY ATTORNEYS OUT THERE THAT THINK FEDERAL OR STATE LAWS HAVE BEEN BROKEN AS STATED ABOVE MAY CONTACT ME AND HANDLE CASE IF NEED BE. Thanks
ok, what do you do when you have a case with capital one, and it’s your word against theirs. However, you have a letter from capital one that admits fault and a taped conversation w/cap one admitting fault.
Then, a cap one rep comes, testifies, and lies on the stand. Under oath. Kind of like a pre trial. However, we did not realize he was lieing untill after his testimony.
He did in fact commit perjury. Not with one statement, but 3 times.
So now, I have a self surrender date. I have filed a 2255 and sent to the judge for reconsideration of the case, but who knows how long that will sit on a desk.
Who can help me file a civil case. This is a big deal.
This is in Ky, so any help from someone that could help would be greatful.
Capitol One collected judgement against me after I was denied payement protection plan, a plan I paid them . Now payement protection plan was illegal in their practices, but they have collected my money much more than($63). How do I get my money? Help please!
Melvin Nathiahh filed a CIVIL SUIT/BREACH OF CONTRACT, case in the Justice of the Peace Court in Harris County Texas for a $4,000. credit debt.
How do I get proof that Melvin Nathiah, and Rausch, Sturm, Israel & Hornik, are not suing for plaintiff Capital One in Houston Texas?
Greg in order to prove the case and have evidence they have to provide an affidavit from a real person who has personal knowledge of the records. That’s hard for them to do when Capital One is not their client at all. Check your State’s evidence and affidavit laws and file motions to strike the testimony of the affiant. Look up precedents.
Greg, I too am in the same boat as you….. let’s discuss together, mine was also filed this month. Can you contact me? How can I get into contact with you?
I have a hearing Thursday about my case. Allegedly Cap One is suing me, but all this makes me a bit skeptical. Any last minute advice?
The attorney made it clear that he had no intention of letting this case go to trial. I made it clear that I was not going to settle with him.
Dismissed without prejudice. Anyone know what the chances are that they will sue me again?
I have also just learned of a suit from Cap1 although not served yet. My last correspondence on this 3 year old debt was from Rausch, Sturm and I too believe they are falsely listing Cap One on suit and not themselves. I’d be very interested in tracking what others have found and, especially, if you know of a consumer attorney in TX who would take this on and sue for fraud and damages.