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 would run not walk to a BK attorney. Since you have no assests, I would talk with him about a
chapter 7, explaining the actions this creditor has taken. He can get a cease order ASAP. Good Luck
I was fortunate enough to defeat Pressler & Pressler in court. Approximately 10 days later I received a letter from “New Century Financial Services” (Pressler & Pressler’s front company) stating that the court documents I filed contained “errors” in spite of the fact that a judge and clerk agree my papers are in order. Pressler & Pressler is a desperate company that will stop at nothing to bilk you out of your money. Contact the Federal Trade Commission, FBI and Postal Inspector if these “people” approach your for payment. In my opinion they take deceit, fraud and unethical practices to a new level. Beware.
My question is: If the attorney who filed suite on behalf of Cap One indicates in their letter to you that their Client is National Attorney Network, who is the REAL Plaintiff? Does this make the attorney the assignee? The attorney’s letter also states that the debt was ASSIGNED to them. So, who is the REAL Plaintiff? Can I assume it’s not Cap One? Cap One says they still own the debt…
I was sued by (supposedly Bank of America, as Plaintiff) by a debt/collector. They won a default judgement against me. I didn’t know the court date (my attorney says he didn’t know either ??) Anyway after a year from date of the Judgement, this Attorney/collector has set a date 2 months from now for a deposition…. I guess so he can try to execute the judgement against any assets he can find ?? However I have already filed a debtors exemption… in TN I allowed an exemption of $4,000, which I have no more assets than that. Plus I am on Social Security… which is exempt. These Collectors are scumbaggs!!.. How can I get the Judgement vacated? Bank of America told me 3 years ago that they ‘Sold’ the alleged account and couldn’t take a payment on it even if I wanted to pay.. (which I don’t) I disputed the debt from the beginning… Can someone give me some answere… I know there is FRAUD all over this situation.
David,
I suggest you email someone who is amazing at turning the tables on these CC companies fraudulent practices. Email me privately and I will give you the info. He has helped many people in your same situation for very cheap!
jacci,
please contact me
Pressler and Pressler pretty much always violates federal law. You can do a search for lawyers who handle the FDCPA laws. I am sure you will be able to find somebody to take care of any problems with Pressler and Pressler.
I was sued by (supposedly Capital one bank, but really its bottom-feeding law firm that bought my case) I don’t have a lawyer as of yet and i do have a court case coming up, my friend who owns a debt consulting company is helping me with all the court documents i need, I’m prepared to fight them and hopeful prove Fraud so they can’t do this to struggling family’s
anymore.. If theres any attorneys out there who want to take my case please contact me ASAP thanks Jaclyn, Newark Delaware
i need help. Okay so I just found out a judgement was filed against me and granted to (Pallisades Collection.) But this doesn’t seem right, here’s why……the debt was for a Chase sony card….Pallisades claims they bought the account but……they never appeared on my credit report..EVER….they then hired Ameri Trak……who now hired Scott Law Firm to file judgement. There are so many people involved and what I dont get is if Pallisades owns the account why did they not ever file on my credit and Chase is the only one on my credit showing the debt owed to them. If someone can guide me in the right direction please help.
Did you contact capital one to be sure they did not have the account anymore?
Since Chase was not the Plaintiff in the lawsuit, you need to file a Motion to Set Aside the Default Judgment and a Motion to Dismiss the Complaint. The reason being, is the entire Complaint, any Affidavits filed by Pallisades Collection and signed by Pallisades, etc., is heresay. Pallisades can NOT provide any ORIGINAL DOCUMENTS. The only entity that could sue you would have to be CHASE. The below deals with Capital One as the example. Read following:
This makes 3 in a row this week – I’ve listened to people who claim they are being sued by Capital One, when in fact it is an attorney’s office acting as a collector who is suing. What’s the difference? Plenty.
For one thing, it’s fraud. In each of the cases, the consumer called Capital One who confirmed they did not own the debt any more and had “assigned” the debt to Law Firm X. This 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.
Why hearsay? The debt collector was not present when the debt was being formed and cannot give first-hand testify to the veracity of the debt, payments made or processed. Think about all the cases you’ve seen on Law and Order on TV. The debt collector’s testimony about a debt is tantamount to a witness who testifies that while he didn’t actually see a murder being committed, he heard about the details second hand. Second hand testimony is not valid and would be tossed out. In addition, the debt collector cannot present any documents unless they are authenticated as true and original copies by the original creditor, in this case Capital One. Can you see where this is going? With no evidence, they can’t win.
1. Call your state’s Legal Bar Association and turn in the law firm and the attorney handling the case – this is strictly against the rules (it is fraud.) Make sure you inform the lawyer on the case that this is what you are doing. It could get them to back down and dismiss the case.
2. Have you or your lawyer file a motion to dismiss or amend the original complaint to correctly reflect the right Plaintiff
How to tell if Capital One (or indeed any credit card company) is NOT the real Plaintiff:
1. Look at past correspondence from the law firm. Does it say “This is communication from a debt collector” on it? If so, you can positively identify the law firm as the real Plaintiff.
2. How old is this debt? If it’s more than a year old, this is a red flag that the debt has been charged off. A phone call to the credit card company should confirm these suspicions.
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!
I had a law firm sue me for a capital one debt they took me to arbitration. The letter for the date of arbitration was received by me two days after the hearing so obviously I did not appear and the arbitrator ruled in the favor of Evans Law Firm LLP. But Evans failed to file the final papers for the judgement so the judgement was dismissed. Yet I pulled my credit and capitol One now has my amount owed as $4,800 some odd dollars. The amount I charged was less than a thousand dollars. Also I had credit protection I was injured at work so I tried to use the insurance of course they would not let me but continued to charge me $15.00 per month for the insurance. Also it shows on my credit they charged off $1500 then no activity then the huge jump to $4800 and a second charge off for that amount. It looks to me like capitol one just does what ever they want. It is more profitable for them to defraud and take as much money as they can and when they get caught in a class action pay back 1/1000 of the money they defrauded people out of.
capital one is fraud and their attornys
pressler&pressler as well as goldman&warshow
are fraud fight on nj people dont give up even if nj judges rubber stamp capital one lies take it to federal court dont give up ,nj judges are against us and for creditors fraud we all know that.
stand up and fight all the lies
Farrell & Seldon are doing the same thing with Capital One in NM and Colorado. We are fighting. Just reported them to the FTC. email if you would like to join in.
We have a summons that was delivered Jul 6 to a mailbox store without any envelope protecting our privacy, we were not notified it was there until today. First thought: can they drop off a summons without any envelope protecting the privacy? Secondly, can they rely that it gets to us before the deadline to respond? Maybe that is their purpose so we don’t have time, hmm.
The summons states we have 20 days to send a response to the court and to the Rubin & Debski law office in Jacksonville FL. Following a poster’s advice above (Giz Mo // Jun 14, 2011 ) I looked at the last notification we got from this law office back in May and it says two things: 1) “Our client has requested we review your file for a lawsuit.” And 2) “This communication is from a debt collector. This letter is an attempt to collect a debt and any information obtained will be used for that purpose.”
They make it seem very much like they represent CapOne. Also the Plaintiff on the summons is “Capital One Bank (USA), NA”. It was a year ago when CapOne said they no longer had our account and it went to a collection agency ‘just yesterday’ he said as I’m calling to make a payment toward the balance. After three late payments CapOne quickly restricted our access to our e-statements online so we could no longer see the fees they were adding. We’ve been at their mercy as to the amount they say is due. We’ve asked all collection agencies repeatedly for our statements – no one will send them.
So is there any way to confirm that it is CapOne or this ‘Rubin & Debski’ lawfirm as a collection agency suing us?
Thanks so much!
The law firm of Gurstel Chargo in Arizona does the same thing — files complaints naming Capital One as the plaintiff when Gurstel Chargo is clearly a third-party debt collector!!!
I am in Arizona. Also been sued by Gurstel Chargo , claiming to represent Capital One Bank (USA), N.A.
My husband got the credit card in 2004, just after being in a car accident and sustaining major brain injury. I called to make payments in this matter considering the circumstances with my husband’s mental capacity not as it was before and me being on disability for the last 2 years, but they were rude and wanted nothing to do with me. They did sue us and win, we didn’t know when/where the hearing was, now my husband’s minimum wage paychecks (our only income) are being garnished by 25%. Is there ANYTHING we can do about this before we end up homeless??? Thanks if you have any advice!
I can be contacted at: tiggergillies@yahoo.com
Capital one charged off my account in January of 09. A third party offered a solution by paying $2100 over 6 weeks. I did, thinking it was settled. Now I just found out, they kept my acount open to accrue the interest of $2100 back and then charged it off again last month, screwing my credit. Is there anything I can do?
I just received a letter from Goldman and Warshaw representing Capital One in New Jersey containing a Notice of Application for Wage Execution and Information Subpoena. They are threatening to garnish my wages and have enlisted my employer and employer’s address. Im 29 years old and still live with my parents. Im scared and dont know what to do. Can somebody help me…PLEASE! My email is kidtageous@gmail.com. THANK YOU! GOD BLESS!
Capital One again..this time represented by Eichenbaum & Stylianou LLC in New Jersey…..Telling my story so that maybe someone can be stronger and put up a better fight! Nothing else to lose at this stage since I’m almost gone. I’m frustrated by the legal system and whole heartedly thought it was for everyone and that there was a code of ethics. Trying to work things out and negotiate, providing disclosure as requested does not work in a defendent’s best interest. Paying a fee for court date to present my side didn’t occur as it was decided way before the court date given to me. Sneaky business of course with third party handling a charge-off of debt from CapitalOne. No contract was ever disclosed -they wanted my copy. Being naive, I provided copy of letters sent to CapitalOne asking for a payment arrangement -to close the account, payment info,and Call Dates. The law firm presented me with only a 1 page journal entry which was for an incorrect amount and did not disclose anything else. The debt was charged off per my research . The defendent can fight but the fight gets expensive and the Plaintiff wins at any cost because no one cares because of someone’s Green Dollar Sign GREED. No notification works for them, the same as a wage execution order that was never sent to me, my employer notified me today of a document that was signed over one month ago by a Court Clerk. How do I file an objection within 7 days of a form not formally received from the clerk or the attorney or Trustee? I get a copy of the legal document which is dated almost 1 month ago from my Employer as a notification of what was requested of them, the court clerk’s letter is dated 2 weeks later than that date. How do I object in 7 days of an order and execution when I receive it one month later as a copy from my Employer? At this stage the document has been seen by an HR President, and payroll dept, and left viewable in my work mailbox.— I give up – and hope my death ends all of this for my family. Cruel way to get payment at any cost! Greed controls so much apparently including some folks like the Court Clerks and Judges in the Superior Court. Is anyone honest anymore or ethical? Does the oath mean anything? I can do my best to follow the law in what I could afford at present but that wasn’t enough to satisfy their greedy expectation. . Well wage execution can drag out 1 – 2 years, still a payment plan anyway with there extra $400 tack on charges & fees for additional profit. Follow the process requirements, and the legal system fails.
No negotiation….No negotiation but can harrass the Defendent before and after court with threats and calls.-Calling 2-3 times daily all documented- never gotmy day in Court. It will be very difficult to get money from my estate when I’m gone- hope E&S LLC found this to be really worth someone’s life . I thought Breast Cancer was bad, and survived and fought to win over that battle. This one with the other challenges are too great. It is a batttle when fighting CapitalOne and the Lawyer’s Greed.