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!
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Much of what you have said here is correct but the United States Supreme Court has ruled that debt collectors who have been assigned to collect a debt may sue in the name of the original creditor. The Supremes were strangely silent about debt buyers who have purchased the debt.
I would highly recommend that you learn about fraud upon the court and it’s ramifications before you accuse anyone of having perpetrated a fraud upon the court. Fraud of any kind can be very difficult to prove but fraud upon the court is an entirely different specie and almost impossible to prove. Even filing a false sworn affidavit does not constitute fraud upon the court. And what grounds do you have to state that Pressler & Pressler are not attorneys? I think you will find that they are. Another possible error in the post is stating that Pressler & Pressler were hired by Capital One. There is a pretty good chance that is not true. Capital One does not directly hire attorneys. What normally happens is that they hire a debt collector such as TSYS in Georgia to handle the collections for them. TSYS has a subsidiary known as NAN or National Attorney Network who has a large data base of attorneys all over the U.S. It is likely that it was actually TSYS and their subsidiary NAN who actually hired Pressler & Pressler. The only way that defendants can easily figure that out is in the event Pressler & Co. filed an affidavit in the case. If they did then what state and county does the notary come from? Once you have that information the rest can be uncovered easily.
An old “enemy” of this board figured that one out long ago.
I just quoted Mr. Mills’ blog about Pressler and Pressler. He stated in a later blog post that one of the partners of the firm is actually a lawyer, while another one is a dentist or something.
Your comments on fraud are interesting. Do you happen to know the Supreme Court case where they ruled that debt collectors’ attorneys can name the OC as the plaintiff?
Funny, I am looking at SCOTUS cases right now in my Lexis account and can find nothing as to what Cap1sucks has said, maybe a troll. Sure sounds like one.
No, I’m not a troll. I once had a message board named ca1sucks and it was fairly well read for quite a long time. Yes, there were also quite a few different people who were actual capital one employees trying to defend the allegedly good name of the bank but needless to say didn’t have much luck at doing so. (LOL). I finally had to shut it down because the software wouldn’t give me enough control over the multitudes of porno and pill pushing clowns to keep the board clean and decent for my readers. So no, I’m not a troll nor am I trying sell or advertise anything.
There is also a discussion about this trademark situation elsewhere on the net. In that discussion they are talking about someone named Martinez that sued for trademark infringement and won. This board is also referenced but they give no links to the Martinez case. Can anyone enlighten me as to which case they are referring to and where I can find it?
Thanks for your post. It is useful for me.
very interesting concept, but I think i am a victim of the same type of fraud. Mann bracken has filed a suit against me. The plaintiff to be Discover card. I of course had to answer the complaint and file an affidavit. I specifically mentioned this in my answer as to how the Attorney could sign the affidavit and testify as a witness when he is to represent the paintiff(discover card). I had mentioned this to my attorney, but he does not want to try the case. I think they are perpetuating fraud. my attorney wants me to file for banckruptcy to proptect my income stream. and at the same time chargeing me $3000.00 to do so. I am going to be seeking representation else where. I have tried to get Mann Bracken to ferify that they have the right party and that I do infact owe the money to them as they have stated in a letter that they are a collection company trying to collect on a debt. I do not see how they can be representing Discover card directly but their own selfs. Please advise or give critique on what to do . thank You
My spouse had a Capital 1 Credit Card; I paid it off in 07 for Christmas whereas she requested they close the account. 8 months later they send 2 checks $400 & $100 which my wife deposited. The checks came back to the bank as NSF, and money was negated. Capital 1 ,5 months later said she was behind in the payments on the money she never got, and reported her to the credit bureau , we called and sent them the NSF checks, both fax and registered mail. We were told by Capital 1 they would fix, and close the account. 1 month later creditors starting calling apparently when they closed the account they turn it over to collectors for a debit not owed. I finally paid the $800.00 to get it off her credit record, they used the credit agencies to perform extortion.. Originally they wrote bad checks, which I though was against the law. 800 dollars it 2 weeks pay for my wife. I would like to sue Capital one , for 2 weeks of their income
I am being sued supposedly by Discover Financial Bank. But the court citation was signed and submitted by “Mann Bracken LLP ‘Attorneys in the practice of debt collection. The successor by merger to Wolpoff & Abramson LLP and Eskanos & Alder, P.C” The account is charged off. what you are saying about this capitol one stuff sound pretty much like what is going on with me! Sounds like “third Party” action to me. What should i do?
Cap1, if you’re not a troll or a cover for Capital One, then give us book, chapter, and verse on the U.S. Supreme Court case you talked about in your posts. I have never seen such, and due to the Fed R Civ P, I think you are inherently wrong not to mention the underlying law of assignments. Please share your knowledge with us.
My husband is being sued by a Chicago law firm. We thought the plantiff was Capital One, but across the summons it said that this was from a bill collector. I stumbled across this site and this is now a whole new ballgame. I can now launch new affirmative defenses and my husband and I are thinking of hiring an attorney today. But the funny part is that no where on the lawsuit does it say we have to file an answer, which makes me nervous. It said we had to appear in court on Sept. 1 to answer. I’m speaking to an attorney today as I want to fight this. We offered a settlement for 350 less but they said no. So now, we are going to ask them to prove the amount to the penny.
had 3 accounts with cap one, tried to close and settle starting in 2006 (all under $2500) tried to have lower interest and combined, they did and then resplit them. Couldn’t pay and debt collection started. 8-2008 they were charged off and started recving the statements from RAB and Client services for all accounts..at the same time ..recvd numerous calls to answering machine, etc…recvd correspondence saying I was identified as member of class action Hicks v Client Services, didn’t opt out.12-2008 started recving letter from Runin&Debski.attorneys,identifying their client as cap one, and identifying their communication was from a debt collector.Then in 6-2009,pre-trial conference,for the case, went to mediation, and then nothing was settled. When I contacted capone they say account with National Attorney Network and gave me the number. In mediation lawyer still says capone is the plantifff and she didn’t work for National…sent a complaint since National is TSYS, a debt collector, now what do I do…
Once in early August 2007, capital called me I owe money. I answered that I did not have any account. I filed affidavit. September 12, 2009, S. Polly, agent assigned to the case, wrote me the account closed. Then later notified that I am responsible for it. Since then I had many harassing calls. Compliant to NY state attorney General Cuomo and to the Office of the Comptroller. Then, in August this year Rubin & Rothman, naming Capital as plaintiff sued me for over $30,000. I filed motion for summary judgment. Plaintiff opposed submitting false affirmation and false affidavit. Evidently the court accepted the false sworn statements and dismissed the motion for summary judgment.
I filed motion to reargue. Plaintiff filed cross motion.
Their so called charge back sales slips and electronic checks showed my son’s sign. No one matched my son’s signature. So thee is not evidence that I opened the account or my used the money. I filed affidavit in opposition to cross motion. I am pro se. I do not have lawyer. Meantime, my son worried so much and had a chest pain and had to be admitted to the county hospital. Problem seems to be that the court doesn’t seem to care what I say but their lies.
The bank has money and power. Fed Chairman Bernanke had Had this kind trouble. His lower ranking thieves were arrested by lawmen. But Capital one ganged up with so called their computer specialist in support of the fraud – Ivy league class thieves are fighting against this elderly victim.
Mexican border trouble, bank thievery problem, and Taliban war.Who can save the sinking America? I question if war business bankers are helping Talibans?
i had to humble myself and ask my parents for help! capital one bank was by far the worst settlement offer on the table, they barely budged~~~but i dealt with client services, they were actually very nice on the phone, but of course i had money to settle with. i so feel for people in this state of panic….
i will never use a cap one card ever!!!!!,,,,i mean ever!!!!!,,,,,,,,so glad i have this off my mind~~~~~
In July 2009 I put an attorney into the position of voluntarily withdrawing her complaint. She claimed to be representing BoA by in reality represented Adler out of Chicago, they are an aggressive law firm who buys bad debt.
I discovered a simply method that has worked for me.
1) I challenged ALL jurisdiction of the court as there existed no ‘ratification of commencement’ (the sworn claim signed with a wet ink signature) Without the RoA there is no claim filed.
2) I demanded production of the Original wet ink signed contract upon which the claim was founded. (No contract, no case – Eric Railroad vs Tomkins 1938)
I specifically did NOTHING that could be construed as an argument of any facts as that would allow the judge to make a decision which was the last thing I would had wanted to occur.
ALSO: We got ran out of court on a traffic citation issue because the alleged defendant would not answer to the fictions name when the judge called it, nor would he accept the invitation to enter the bar. He did inform the judge that he was a there as ‘The authorized representative’ for the defendant the fiction. That prevented the so-called judge from any presumption of jurisdiction whatever.
Do a web search for ‘commercial redemption’; ‘accepted for value’.
Go to talkshoe.com and search ‘Robert Arthur Menard’; ‘accepted for value’; ‘Winston Shrout’; Jordan Maxwell; Kevin Hines’; more.
And go to yahoo groups ’1099-A_by_patrick’; and ‘uccredemption’; ‘RedemptionByMethod’; and more.
jallen
Perhaps I need to state that ‘We never owed a debt to any credit card company, or for any mortgage loan, or any bank’, it was our signature as a living man or woman that authorized the Treasury to fund the purchases and the alleged loaner did not loan any of their funds or any depositors funds at anytime as it is illegal for them to do so. See my prior post and do some studying. See HJR 192 (House Joint Resolution 1933) where it states it will pay the debt of the people dollar for dollar. WEB search HJR 192.
ALL alleged loaners get paid in full within 3 days of the application, there is never a reason for them to turn down any wet ink application as they always get the funds whether they ‘approve’ our applications or not. Study will prove the above is correct.
jallen
Having read a few of the above post I can see that the posters do not understand there is no substance money and there are NO courts existing since 1933 when the US corporation went into bankruptcy. Federal Reserve Notes are issued by a private corporation owned primarily by foreigners and FRN’s are at best IOU’s. There is no money in general circulation as existed before 1933 backed by gold or silver, only debt notes.
There only exist corporate hearings (for business profit) and there is no justice as justice does not exist in corporate hearings, there are only contract disputes considered. The so-called judge is actually god at the hearing and can change any rule at anytime.
The Con-stitution does not apply in the corporate hearings as the issue is the CONTACT and not the multitude of other issue we are so quick to bring up as a defense, we want to argue and prove we are right. When we argue we lose.
We must ‘accept’ whatever charge they are bring and return it to them to discharge their charges, no funds required. This process is referred to as AFV (Accepted for Value)
A contract MUST have two parties, full disclosure, a meeting of the minds agreement without fraud involved.
It is crucial that everyone understand that no statute, code, regulation, or public policy applies the a living man or woman without their consent. It is by our arguing or allowing a presumption of our consent that we agree to enter under those fiction corporate so-called laws.
THEY MUST HAVE OUR CONSENT or they are without jurisdiction to move against us in any manner. They are all fictions, in a fictional world, attempting to rule the living by deception and it is only our ignorance that they have gotten away with it.
So-called courts are banks collecting for the bankruptcy. Not a penny of the income taxes collected go to support the debts of America, it goes to the foreigners 100%. The Federal Reserve has never been audited. All FRN’s are private issue script without substance backing.
When we write a check we are issuing an IOU promise to pay someday when money becomes available. We are simply circulating debt for ever and not ‘paying’ anything. We are forced to defraud each other
To bring this post back on point we live in under a debt system why no debt can be ‘paid’ it can only be discharged. We can also write promissory note at home and they are as valid as a check we write on a checking account.
Do not think for a moment that the system is going to simply allow us to expose their fraud and accept our PN’s just because they ought to.
If the banks were to not fight us they would be exposed and the scam would be over. They will not simple give up the quad-trillions they are stealing.
The key to our success is to learn what “Accepted for Value, Returned for Settlement and Closure’ and similar statement do.
We will either ‘Know who we are’ or we will continue to lose. Those hearings (so-called courts) are not our courts and we have no remedy in that system. That system is our destroyer BUT it can only do so if we give our consent.
The claim that system makes is against the fiction (the all caps name, or last name first, or use of a middle initial) that was created as a fiction under the systems control through the registering of the live birth and birth certificate in the Department of Commerce. That named party is not you the living as it appears, it is a fiction in a fictional world.
Their sysstem requires that we argue. Irf we argue we consent to allow their banker (so-called judge) to decide and settle the matter in their favor.
ALSO all attorneys have take an oath to the system, both your attorney and the opposition attorneys’ first obligation is to the court and not the client. Ask yourself “How many attorneys do you want tender funds too to re-present you when their sworn allegiance is is to the system”?
If ever caught in a ‘court’ situation we must FIRE both attorneys as both are re-resenting us, we also should start by FIRING the judge first. None of them can re-resent a living man or woman without our consent.
Study will prove the above as correct, a closed mind will get you hung.
It is against the law to buy debt. No purchaser of debt has standing to bring any action and if met with our ‘Challenge of ALL jurisdiction’ to the court’; our ‘Demand for ratification of Commencement’; and our ‘Demand for production of the wet ink original contract’ they are blocked from proceeding.
jallen
The owner of the debt is the plaintiff. Companies like Capital One or Discover write-off the debt but they either continue to collect and recover what they still own or they sell the debt. They often forward the debt to a collection network who places the paper with attorney firms. The forwarder doesn’t own the debt, they provide processing services. There is no fraud. Sometimes payments made to the original creditor may take awhile to get to the debt buyer when the debt is sold so keep good records.
i like what jallen had to say above, thank god obama is trying to stop all of this crazy debt collections from creditors, its unsecured debt, they need to be regulated~ and also its insured, and they still try to collect on both ends?,,,what a scam!!!!!!!,,,dont use credit cards, and see what happens to the system!..