When they sue you, they never or rarely attach a copy of the contract to the
complaint. Nor can they produce anyone with first hand knowledge of the facts.
WHERE IS THE PROOF?
Here is how they work. Usually, the original creditor is
required to write off the bad debt within 180 or so days. The original creditor, credit card or loan company sells
its list of bad debts to collection agency A who sells it to collection agency B who
sells it to collection agency C who sells it to New Century. New Century
usually
says in it's complaint that "we have purchased the debt" leaving the
impression that they bought it from the original credit card or loan company. They usually
do not have proof of the alleged debt (i.e. the contract) which is required,
nor can they prove that they are the new owners of the alleged debt. As
mentioned earlier, there is no authority to make more than one assignment. New
Century has NO standing to sue you.
This omission deprives the court of power to enter judgment. However they rely
on Rule 1:5-6(c) which provides that the clerk shall accept all papers for filing.
Clerks are known to refuse papers made by non lawyer litigants. If this happens
to you, get the clerks full name. I would then FILE A CRIMINAL COMPLAINT against
the clerk for "official misconduct." I would do this in the municipal
court.
I suspect that if they are suing you in the name of, for
example, Greenwood Trust, the debt was written off but Pressler sues you in the
name of Greenwood Trust and Pressler keeps ALL of the money they get from you.
Read an actual federal complaint (in adobe
acrobat format.)
Pressler is notorious for violating the Fair Debt Collection
Practices Act (FDCPA). Would you like to read two federal FDCPA complaints? The
first is here and the answer Pressler filed
is here . The second FDCPA complaint is here .
Both of these complaints were settled by Pressler. Here is a motion
to compel answers to interrogatories which goes along with the first federal
complaint. Here is how other interrogatories
were answered. Here are some interrogatories
YOU can send Pressler.
Recently, a criminal bank
theft ring was uncovered whose stolen records may have been sold to Pressler. If
you never provided your employers name or bank name to Pressler, they may have
obtained this
information from these stolen records. Whenever they are sued
they quickly settled. Settlement keeps the details out of the public eye.
There is also an unpublished opinion about Pressler's scam so many of the
judges in new jersey know the scam but cooperate fully!
The unpublished case is New Century v Sanchez, Morris County Special Civil, Docket no.: DC-2747-98.
Download your copy HERE!
(This is a 3 meg file and may take a while to download)
Pressler also does work for PALISADES COLLECTION LLC . The matter
of lack of proof of claim appears to be similar as above with New Century.
There is a recent Palisades Collection case decided in the NJ appellate division HERE
and there is a case HERE from New
York.
If there is a judgment against you, you will have to challenge this through a motion to
show proof of claim and STANDING. If they have not
bought the judge (it may also be a corrupt law clerk,) the case should be dismissed, lest Pressler coughs up the
contract. You should be aware, although there are some good judges, most of
the NJ Judiciary is TOTALLY CORRUPT . NOTHING can
happen without the approval of a judge. The judiciary is headed by Chief
Justice Stuart
Rabner . The buck stops with him. He can end this baloney with a snap of his fingers.
You may have received a letter advising you that if you do not answer the
attached questionnaire, you may be arrested . This is partly a scare tactic. An
explanation of what happens is in THIS portion of a
court decision. The FULL decision is HERE .
In order to do this, Pressler must file a "motion to enforce litigants
rights." You will have the opportunity to file an opposition. This will
take a number of weeks to resolve. If I were to be arrested, I would then have the chance to indicate to the judge
that I have
never seen anything that proves the alleged debt that I am stated to owe, nor
have I seen anything that permits Pressler or New Century to have standing to
sue. Of course, I can always tell the judge that I will now comply and go on my
merry way. I suspect that I would then have a cause of action for false arrest! I
would see a lawyer after the arrest!
If you have recently been served or just received a summons and
complaint from the court where Pressler is representing New Century, file this motion . I have never been to law school so if you're
not sure this is right for you, then do your own research. If this motion is
denied by the judge, then get a form of answer that is posted on the NJ Judiciary
website. You can also purchase a very nice litigation package from THIS
website . It costs $34.00 and apparently well worth it. I get NOTHING
from this and have NO relation to the site. I think you should
check it out.
If you already have a judgment against you the following will
apply.
Default judgment in the Special Civil Part is regulated by Rule
6:6-3(a) which states:
(a) Entry by the Clerk; Judgment for
Money. If the plaintiff's claim against a defendant is for a sum certain or for
a sum which can by computation be made certain, the clerk upon request of the
plaintiff and upon affidavit setting forth a particular statement of the items
of the claim, their amounts and dates, the calculated amount of interest, the
payments or credits, if any, and the net amount due, shall sign and enter
judgment for the net amount and costs against the defendant, if a default has
been entered against the defendant for failure to appear and the defendant is
not a minor or incompetent person. If prejudgment interest is demanded in the
complaint the clerk shall add that interest to the amount due provided the
affidavit of proof states the date of defendant's breach and the amount of such
interest. If the judgment is based on a document of obligation that provides a
rate of interest, prejudgment interest shall be calculated in accordance
therewith; otherwise it shall be calculated in accordance with R. 4:42-11(a). If
the claim is founded upon a note, contract, check or bill of exchange or is
evidenced by entries in the plaintiff's book of account, or other records, a copy
thereof shall be attached to the affidavit or, if attached to the complaint,
verified by reference in the affidavit. The clerk may require for inspection the
originals of such documents. The affidavit prescribed by this Rule shall be
sworn to not more than 30 days prior to its presentation to the clerk and, if
not made by plaintiff, shall show that the affiant is authorized to make it.
If plaintiff's records are maintained
electronically and the claim is founded upon an open-end credit plan, as defined
in 15 U.S.C. § 1602(i) and 12 C.F.R. § 226.2(a)(20), a copy of the periodic
statement for the last billing cycle, as prescribed by 15 U.S.C. § 1637(b) and
12 C.F.R. § 226.7, or a computer-generated report setting forth the financial
information required to be contained in the periodic statement, if attached to
the affidavit, or if attached to the complaint, and verified by reference in the
affidavit, shall be sufficient to support the entry of judgment.
So Pressler needs three things a) a copy of the original credit
card contract (containing the terms and conditions of repayment) which you signed
at the cash register (note: this is NOT a copy of the credit card application.) b) a copy of the contract wherein New Century
purchased the account from your credit card company and c) a copy of the
creditors last
billing statement. If they cannot prove the case, the judgment should be set
aside. Remember what I said earlier. the NJ Judiciary is totally corrupt. The
judges know the documents are not complete, but they enter default anyway.
You'll have to make a motion to the court. Here is a copy
of my motion . I never went to law school so you may
want to double check the work to be sure it fits your circumstance.
Read selected Rules of Professional Conduct
to see if Pressler has been dealing fairly with you and MAKE A COMPLAINT to the
Bar Association.
If you are contacted by ANY collection agents BEFORE any court
action takes place, first send them a
copy of this
letter VALIDATING the debt. DO NOT
call Pressler and ask them if they have the contract. If they did, it would be
in your file.
We need to stick together. To continue, you will need a copy of your court file
which you can get from the clerk. There is a request form you need to complete
to get your records. This tips off the court, and maybe Pressler, that you are
on to their scheme. It should cost about seventy five cents
per page.
EMAIL me
about your experiences. I will NOT usually respond to email.
Here are some LINKS you
will find interesting!
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