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Motion to Dismiss hearing- Pressler & Pressler

Posts: 3
Credits: 167.6
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I am in need of some assistance. I have my hearing on Friday and wanted to know what I need to do to prepare. Back in January I was served with court papers that I was being sued by Pressler & Pressler. After doing extensive research and finding some forms to use I filed a response to the complaint and sent a request for discover to P&P. A week later I received their response stating that they refuse to answer my request. Several days later I received copies of documents that showed New Century purchased my debt from another collection agency. There was no documentation that showed any proof of the original debtor. They also provided with me a one line document that had my account number, d.o.b. which by the way was incorrect and a dollar amount of what they claimed I owed. In my request for discovery to them I requested a copy of the original credit card application, detailed analysis of my charges and proof of the debt which they did not provide to me. Any information that can be provided would be greatly appreciated.




Anna Sweeting
Debt Samaritan
Posts: 1827
Credits: 38569.2

Sub: #1 If Pressler & Pressler has already sold off the account to some
Mon, 02/28/2011 - 19:34

If Pressler & Pressler has already sold off the account to some other collection agency, then the court case will not remain valid. You should have a word with your attorney and take his/her opinion in this matter. As far as the collection agency who owns your account is concerned, you should send them a formal debt validation letter again and ask them to validate the debt. If they do not validate the debt as asked for, it will mean that they don't own your account and you can ask them to stop contacting you any further.




dnl1219
Posts: 3
Credits: 167.6

Sub: #2 P&P is the attorney for New Century. From my research I have fo
Mon, 02/28/2011 - 19:56

P&P is the attorney for New Century. From my research I have found out that New Century is a front for Pressler. I do not have an attorney as I cannot afford one. I sent a request for discovery to Pressler and they denied my request.




Unregistered

Sub: #3 a front?? how does one determine that a company is a "Front" for
Wed, 03/02/2011 - 17:07

a front?? how does one determine that a company is a "Front" for a law firm? if they are a law firm then they are not allowed to own debt. regardless, sounds like you need actual legal advice. if you do this wrong you will find yourself with a summary judgment entered against you, which is far worse than a default judgment.




goldenbast


Debt Samaritan
Posts: 2885
Credits: 38049.13595291

Sub: #4 You need to file a motion to compel OR file a motion to dismiss
Wed, 03/02/2011 - 17:43

You need to file a motion to compel OR file a motion to dismiss due to lack of evidence.




dnl1219
Posts: 3
Credits: 167.6

Sub: #5 I did file the motion to dismiss. That is what my hearing is fo
Thu, 03/03/2011 - 06:49

I did file the motion to dismiss. That is what my hearing is for tomorrow.




Unregistered

Sub: #6 I was more than happy to search out this web-site.
Mon, 12/17/2012 - 00:44




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