- Report: #328966
Complaint Review: Pressler & Pressler And Erin Capitol Management LLC - Cedar Knolls New Jersey
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Pressler & Pressler And Erin Capitol Management LLC
16 Wing Drive Cedar Knolls, 07927 New Jersey, U.S.A.
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Pressler & Pressler And Erin Capitol Management, Using N.J. court's To ripoff people Cedar Knolls New Jersey
I have been in struggle with Pressler & Pressler. I send the answer to the summons denying the debt .They send me a paper with my old address, the original creditor name, the account number, ect. But no contract. Now they send me an interrogatories asking for information.
This is the interrogatories :
DEMAND is hereby made of Defendant(s) for Certified Answers to the following Interrogatories within the time prescribed by the rules of this Court.
Each question below requests an answer or information relating to Pxxxx and your responses should be directed thereto.
1. Set forth with specificity all facts in support of each defense and/or claim which the defendant has in the above-entitled matter including dates, places, names and addresses of persons present or involved in any actions and/or conversations.
ANS.
2.Attach copies of all writings, documents, or any other records which relate to said account or in any way support any defenses or claims, including, but not limited to, correspondence, contracts, agreements, notices, monthly statements, applications, and any letters sent to or received in connection with the subject account.
ANS.
3.Attach any documentation evidencing defendant's mailing address(es) between 10/31/03 to 01/31/06 , which should include, but is not limited to, copies of energy or water bills, telephone bills, lease(s) and/or deed(s)/mortgage(s) and drivers license(s). If said documentation is not in the possession of the defendant, please list each address at which the defendant received mail during the time period requested.
ANS.
CERTIFICATION
I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment.
I certify that the copies of the reports annexed hereto rendered by proposed expert witnesses are exact copies of the entire report and/or opinion rendered by them; that the existence of other reports or opinions of each of said experts, either written or oral, are unknown to me; and if such become later known or available, I shall serve them promptly upon the propounding party.
if any body could tell my if I have to answer this interrogatories and sing the certification or what should I answer. I have two weeks left to the deadline they set.
They also send me this letter if any body could tell me what this mean and what should I do.
This matter is currently scheduled for trial on XXXXXX. Plaintiff requests that this matter be adjourned by reason of outstanding discovery. Pursuant to R.6:4-5, plaintiff is entitled to 90 days of discovery commencing with service of the defendant's answer. My office was served with the answer on XXX,2008 . Discovery was served upon the defendant on XXXXXX . I therefore calculate the discovery end date as XXXX, 2008 .
Requests for adjournments within the discovery period are to be granted liberally. See R.H. Lytle Co. v. Swing-Rite Door Co., Inc., 287 N.J. Super. 510 (1996). Please adjourn this matter to date after XXXXX. Thank you for your consideration.
The defendant is hereby cautioned that this is an adjournment request only. His/her appearance in court on XXXXXXX is still required unless he/she hears further either from the clerk, or from my office.
Please help, I can't afford a lawyer at this time.
Jes
Union, New Jersey
U.S.A.
This is the interrogatories :
DEMAND is hereby made of Defendant(s) for Certified Answers to the following Interrogatories within the time prescribed by the rules of this Court.
Each question below requests an answer or information relating to Pxxxx and your responses should be directed thereto.
1. Set forth with specificity all facts in support of each defense and/or claim which the defendant has in the above-entitled matter including dates, places, names and addresses of persons present or involved in any actions and/or conversations.
ANS.
2.Attach copies of all writings, documents, or any other records which relate to said account or in any way support any defenses or claims, including, but not limited to, correspondence, contracts, agreements, notices, monthly statements, applications, and any letters sent to or received in connection with the subject account.
ANS.
3.Attach any documentation evidencing defendant's mailing address(es) between 10/31/03 to 01/31/06 , which should include, but is not limited to, copies of energy or water bills, telephone bills, lease(s) and/or deed(s)/mortgage(s) and drivers license(s). If said documentation is not in the possession of the defendant, please list each address at which the defendant received mail during the time period requested.
ANS.
CERTIFICATION
I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment.
I certify that the copies of the reports annexed hereto rendered by proposed expert witnesses are exact copies of the entire report and/or opinion rendered by them; that the existence of other reports or opinions of each of said experts, either written or oral, are unknown to me; and if such become later known or available, I shall serve them promptly upon the propounding party.
if any body could tell my if I have to answer this interrogatories and sing the certification or what should I answer. I have two weeks left to the deadline they set.
They also send me this letter if any body could tell me what this mean and what should I do.
This matter is currently scheduled for trial on XXXXXX. Plaintiff requests that this matter be adjourned by reason of outstanding discovery. Pursuant to R.6:4-5, plaintiff is entitled to 90 days of discovery commencing with service of the defendant's answer. My office was served with the answer on XXX,2008 . Discovery was served upon the defendant on XXXXXX . I therefore calculate the discovery end date as XXXX, 2008 .
Requests for adjournments within the discovery period are to be granted liberally. See R.H. Lytle Co. v. Swing-Rite Door Co., Inc., 287 N.J. Super. 510 (1996). Please adjourn this matter to date after XXXXX. Thank you for your consideration.
The defendant is hereby cautioned that this is an adjournment request only. His/her appearance in court on XXXXXXX is still required unless he/she hears further either from the clerk, or from my office.
Please help, I can't afford a lawyer at this time.
Jes
Union, New Jersey
U.S.A.
3 Updates & Rebuttals
Steve
Bradenton,Florida,
U.S.A.
Jes, forget the "interrogatories"!! AND, file your DISCOVERY motion TODAY!!
#2Consumer Suggestion
Tue, May 06, 2008
Jes, Naturally, hiring a lawyer is always your best option, IF you can afford it. But the fact of the matter is, MOST people CANNOT afford lawyers. The FIRST thing you want to do, is to file a DISCOVERY motion. They ARE required to respond to this, and they can only use in court against you the documents they provide in discovery. The court clerk will usually assist you in filing this and getting it served. Do this today!!! You can also get legal aid to help you, or you can buy the form at a legal forms store and file it/serve it yourself. Actually, you DO NOT have to answer these "interrogatories". [Why should you incriminate yourself?]. There is no real penalty for not doing so. I have NEVER answered them, and I have recieved many! Think about it, if it was a court order, signed by a judge, it would still only be a contempt charge at best. However, these "interrogatories" ARE NOT a "court order" and are NOT signed by a judge. Make those bottomfeeders spend the time and money to go back to the court and compel you to answer. How were they sent to you? Regular mail? Then they cannot even prove you recieved them! They should have been sent by certified mail, return reciept requested. If they were not sent this way, there is no proof they were ever sent, or that you ever recieved them! In my opinion, "interrogatories" violate your constitutional right not to engage in self incrimination. The legal burden of proof is on them! Why should you do their job for them? DENY EVERYTHING!! Even if you do answer the "interrogatories", be very vague. And, they should already know who you are, as they are suing you, so do not provide any identification documents like drivers license, SS card, etc. This is privacy act protected and they cannot demand copies of those documents. Answer other questions like: " those documents are not available" or "to the best of my knowledge...." or "I do not remember..." Etc. leave yourself an out with every statement you make. Do it like a politician would. Talk out of both sides of your face. Now, you have not mentioned what the alleged debt is or if you actually owe it, but "statute of limitations" is your best defense against these bloodsuckers. You MUST assert this defense yourself as nobody else will do it for you. P&P primarily represent JUNK DEBT BUYERS who by legally uncollectable out of statute debt. If this is the case, you need to countersue them for the frivolous lawsuit, and also file a bar association complaint against any lawyers involved, individually, for the blatant ethics violation. Good luck. >>> Submitted: 4/25/2008 7:26:37 PM Modified: 4/25/2008 8:04:58 PM Robert Rochester, New York U.S.A. If you are at this point.... You should be talking to a lawyer. Your lawyer should be helping with this. Yes, you have to answer interrogatories..Just answer them truthfully. If the debt does not exist, then it does not exist. Tell them that. You can also use interrogatories against them. THEY are required to answer any and all interrogatories you send them. Use the same format they are using. Tell them to provide you with: Copy of the original signed loan agreement or credit card application. (The contract with the original creditor establishing the debt.) Provide you with copies of any papers, with your signature, that show I agreed to pay what you say I owe; Explain and show you how they calculated what you say you owe; Identify the original creditor; Prove the Statute of Limitations has not expired on this account Show you that they are licensed to collect in m your state Provide you with their license numbers and Registered Agent Proof that they own the debt/or has been assigned the debt. Complete payment history, starting with the original creditor. You need to have proof of your payment history with original Creditor, what the amount of the debt was when the creditor assigned the debt to your company, and what fees/interest has been tacked on to this debt and how they determined these fees. (This requirement was established by the case Fields v. Wilber Law Firm, Donald L. Wilber and Kenneth Wilber, USCA-02-C-0072, 7th Circuit Court, Sept 2004..) If this is not something you can handle then you need a lawyer working with you on this!!! >>>
Megan.h.
Keansburg,New Jersey,
U.S.A.
Pressler & Pressler Scammers
#3Consumer Comment
Tue, May 06, 2008
You DO NOT need a Lawyer! Just all your documents! I won a case easily against this firm because I kept great records and went before the Judge and he ruled in my favor! Do not back down from false information go to Court! Most Judges are aware of Presslers tactics!! Good Luck!!
Robert
Rochester,New York,
U.S.A.
If you are at this point....
#4Consumer Comment
Sat, April 26, 2008
You should be talking to a lawyer. Your lawyer should be helping with this. Yes, you have to answer interrogatories..Just answer them truthfully. If the debt does not exist, then it does not exist. Tell them that. You can also use interrogatories against them. THEY are required to answer any and all interrogatories you send them. Use the same format they are using. Tell them to provide you with: Copy of the original signed loan agreement or credit card application. (The contract with the original creditor establishing the debt.) Provide you with copies of any papers, with your signature, that show I agreed to pay what you say I owe; Explain and show you how they calculated what you say you owe; Identify the original creditor; Prove the Statute of Limitations has not expired on this account Show you that they are licensed to collect in m your state Provide you with their license numbers and Registered Agent Proof that they own the debt/or has been assigned the debt. Complete payment history, starting with the original creditor. You need to have proof of your payment history with original Creditor, what the amount of the debt was when the creditor assigned the debt to your company, and what fees/interest has been tacked on to this debt and how they determined these fees. (This requirement was established by the case Fields v. Wilber Law Firm, Donald L. Wilber and Kenneth Wilber, USCA-02-C-0072, 7th Circuit Court, Sept 2004..) If this is not something you can handle then you need a lawyer working with you on this!!!
