John
New York,#2Author of original report
Sun, June 06, 2021
Back in 2009, all this was supposed to have been settled. Pressler and Pressler could not produce any documentation, in any form, that the alledged debt was mine, and they volunterilly filed a Notice of Discontinuing Action with the courts (3/6/2009) 12 years ago.
Today I get a letter from Diaz Associates in Tustin CA, trying to collect this debt.
I tried to call but I got voice mail. I will try during business hours this week and update this more then. This surely cannot be legal. I fought this in court and won, and 12 years later they are still sellign debt to other companies who try to collect. Is there any legal recourse?
J_D_NY
New York,#3Author of original report
Mon, August 11, 2014
So as reported earlier, Strategic Assets, Inc. has been reporting me as a Unsatisfied (Deliquent) Judgment for 5.5 years (my earlier post was in error when I said 4.5, it is 5.5 years) since Pressler and Pressler volunterily dropped their suit. I called and spoke with a Nake K. who promised to get back to me. He never did. THe next week I called, he took my information and promised to get back to me in 2 days.. he didn't. I called back again this week to get no answer. I'm assuming he has caller ID and is not answering me on purpose.
I asked this in a prior message but have no response so I am asking again.. Is this legal that after 5.5 years of a court action being voluntarily discontinued, that Strategic Assets, Inc keeps reporting on my credit history that I am deliquent and they have a judgement against me when neither are true?
What legal recourse may I have? Thanks for anyone who can answer/assist.
J_D_NY
New York,#4Author of original report
Fri, August 01, 2014
Okay... on 03/26/2009, Pressler & Pressler sent me a "Notice of Discontinuing of Action" which was filed with New York Count Clerk. The second page was stamped "FILED MAR 19 2009 NEW YORK COUNTY CIVIL COURT". I thought that was finaly the end of this crap. Looking at my latest credit report, Stratetic Assets, Inc. STILL reports on my credit report that they have an oustanding and unsatisfied judgement against me since 2007.
I called Pressler and Pressler and explained this to the person who answered. I gave her my account number from the documents they had sent originally I was put on hold for 20 minutes while all I heard every 10 seconds was "To make a payment please go to www.paypresslerandpressler.com" over and over while I waited and waited. Finally I got someone on the phone. I once again explained that the case was discontinued voluntarily by Pressler and Pressler on March 19, 2009, 4.5 year ago, and its still appearing on my credit report as derogatory. The Notice was signed by Lori R. Cetani, Esq. After being put on hold for a short while, the guy comes back and says I have to call Stratetic Assets, Inc. directly because "We no longer handle their accounts and they reported to the credit agencies". He was nice enough to give me the number. (718-344-2129).
I called this number and after several rings a man picks up and says "Hello?" like its a personal residence. Not "Hello, Strategic Asssets, Inc" just "Hello?" I ask "Is this Strategic Assets, Inc.?" the guy did not confirm or deny he only asked "Who's calling?". So I gave him my name and explained who Pressler and Pressler gave me this number. I explained that the case was voluntarily discontinued by Pressler & Pressler and yet, Statregic Assets, Inc. continues, 4.5 year after this, reports me as Unsatisfied Judgement. The guy asks "Did you call Pressler & Pressler?" (just 1 minute after I tell him that it was Pressler & Pressler that gave me his number!). I said "Yes and they said they no longer handle your accounts and you are the person to remove this from my credit report. He fumbled/muttered and then asked me to call back on Monday. I asked his name and all he would tell me is "Nate K." He promised to call on Monday and took my name. I feel like I'm being led around a bit here.
Is it legal for a collection company such as Stategic Assets, Inc. to continue to report me as delinquent and as an "Unsatsified judgement" against me on my credit report for the past 4.5 years since the case was discontinued? What are my legal recourse as this point? Any advice would be appreciated. Thanks.
J_D_NY
New York,#5Author of original report
Fri, February 13, 2009
I am not a lawyer so I am not able to answer your questions with too much information, sorry. What I *can* tell you is this. If they are garnishing your bank account then they have won a Judgment in court against you. If you did not show up to court then it was a Default Judgment which you can fight by filing a "Order to Show Cause" as I have done. There is no guarentee that this motion will be granted, but if you were never served the Court Summons then that is your basis for filing. First and Foremost, go to the court. http://www.nycourts.gov/courts/2jd/index.shtml That link contains information and directions to the Brooklyn Civil Court. Get a copy of the judgment against you. Since NYC and Brooklyn are the same city (different counties) I am hoping/assuming that there is no fee in the Brooklyn courts as well. Bring the DOCKET # with you and some I.D. as well (just in case). If you do not have your docket number, call the Evil Monkey Lords and request it. They have to give it to you. You stated you are sure you do not owe this debt. Once you receive a copy of the Default Judgment it will state who the original debtor is (it is not Pressler in Pressler, they are the muscle for the collection agencies). One thing to really look carefully at is the "PROOF" they are supposed to affix to their complaint. Mine contained some womans sworn affidavit that she works for Strategic Asset, Inc. and is familiar with their accounting and that I do, in fact, owe this debt. THIS IS NOT PROOF OF DEBT. Especially if this is debt purchased from other companies. PROOF of debt includes statements, signed contracts, etc. While this woman may very well be the worlds top expert of how Strategic Assets, Inc. keeps their books, she makes no claims whatsoever to be familiar in any way with the ORIGINAL CLAIMED DEBTORS records. If no real proof or exhibits were attached to the claim, then you can file a motion to dismiss based on the fact that the plaintiff did not provide proof of claim and proof of ownership of debt. Also take special note of the sworn affidavit of proof of service of summons. In my case they claim to have had a process server attempt to personally deliver it 3 times without luck then affixed it to my front door (technically legal), however I have not lived that the address they served in 7 years, that address is a luxury coop in midtown manhattan with 24/7 doormen and concierge. It was highly suspect that this alleged Process Server would go to a DOORMAN building three times and never be informed that I do not live there, let alone gain access to enter the building to tape such papers to anyones door. Also why would they list a 'neighbor' who lives on the 11th floor as someone that confirmed my address instead of listing an EMPLOYEE of the building who's job it is to know every resident in the building and requires non-residents to sign in? Check on your copy how they claimed to have served you and see if its fishy and can be proven bogus in court. As for any counter claims, I have not gotten to this point yet. I need to speak with the Pro Se attorney again to learn more about my options. My initial course of action was to file a Motion to Dismiss based on the fact that the Plaintiff (and their attorneys), upon filing, failed to affix (as required) any proof of claim of debt. However if I go this route, I do not think I will be able to ask for damages/expenses incurred. Again, I am not a lawyer and I am almost as new to this as you are, so heed my advice carefully and do your own research and talk to your own Pro Se Attorney. Lastly, thanks for your kind words of encouragement. I'm glad my posting was helping someone. I will continue to update this report until the end (and beyond... I don't intend to just win in court and leave it at that... Some of these companies operate as 'legal entities' but participate in criminal fraud. Pressler & Pressler, Strategic Assets, Inc, Palisades Collection LLP, Coville and Genovese are the four that I have to deal with). So far I have been relatively lucky. Even with my bank accounts frozen (still to this date) I've been able to fight back and learn my rights. Not everyone on here have had this luck or did not fight it timely. I know I made jokes in my prior post about my day in court with regard to the lawyer (referred to as "The Man Eater") but my digust and outrage was not a joke. I sat next to an elderly woman, I would guess mide 60's who is not working and disabled (walking with a cane). This lawyer showed no remorse, no pity, no concern, no care at all for the womans situation. They are not paid to care only to win. She was bullying this poor woman (with this phoney smile so the judge, who could not HEAR what she was saying, would believe she was being fair/nice/polite). The woman said she can only afford to pay, at most, $200.00 a month and would agree to pay for 2 years. The lawyer was trying to coerce the woman into paying more per month and start payments by the first day of next week. Now this woman had HER bank accounts frozen just like I did. I don't think her bank accounts will be UNFROZEN in time to even make the first payment that this lawyer was trying to pull out of her. I really wanted to intervine and just say "Back Off and give her time to think and respond!" I couldn't help thinking to myself "what if that was MY mother?" Finally I heard the agreement reached was for $200.00 a month but lasting for 25 months (she managed to get one extra month of payment for her client, she will be a hero in their eyes, but what about this poor woman that can not work and is on disability). Anyway, good luck on your case, and as you requested of me, I request of you the same... keep me (and others) updated.
Luat
Bklyn,#6Consumer Comment
Fri, February 13, 2009
Reading this message thread is amazing. I am facing the same thing from this Pressler and Pressler. I tried to get quick cash from an ATM and couldn't. I called the bank and they said my account was locked by P&P. They gave me a number to call and it's been a total nightmare so far. P&P says they have a judgment against me for a debt from 2003 for more than 9G, but I am sure I do not owe them. Thank god I find this message from google. Reading it has give me hope that I can solve my problem without a lawyer. I hope you can give me some advice on what I should do. I live in Brooklyn, NY. I want to get copy of my judgment. Is it free in Brooklyn? Where can I find a free counselor? Are you going to sue them back? Any advice you can give would be appreciated. FWIW: Ignore the nasty message from John in Califon, New Jersey. I appreciate the effort and the time you put into your messages. I hate it when a person has nothing productive to offer except to be rude. I bookmark this page and 2 other so I can come back to read your updates and advice. Thank you so much! I will order a show cause like you did so I can fight them too! They can not steal my money.
J_D_NY
New York,#7Author of original report
Thu, February 12, 2009
Sorry if you don't like my way of telling the story, but it is *my* story and I'm telling it in the way I am most comfortable to do and provide whatever information might help others. If this doesn't confirm to your desired reading material then simply skip past my posts and move on to another instead of criticizing me for the way I share my experiences in this regard.
John
Califon,#8Consumer Comment
Thu, February 12, 2009
Please post a non drama post explaining what really happened - not the embellished version. Your feeble attempts to appear witty make the reader lose interest rather fast. I am interested in what really happened but am not about to wade through the bullshit to decipher it.
J_D_NY
New York,#9Author of original report
Thu, February 12, 2009
I appeared in court on Wednesday 2/11/2009 @ 9:30am for the "Order to Show Cause". For those of you who are planning to fight Pressler & Pressler and are unsure what to expect, I will keep detailing what I have experienced so you can use that as a guide or gauge of what to expect. Upon showing up, you need to find your name on the Docket (usually just outside the court room doors) and there is a number written to the left. You will be asked for that number when you "Check In". In NYC you are supposed to show up at 9:30am but are given up until 10:30am (the latest.. 1 hour). It is always best to show up ON TIME but if you are going to be a little bit late (and in NYC, who isn't late from time to time) do not despair you have up to 1 hour to check in. You have a while of "sit and wait" for a while as others check in, so I suggest brining a book or a crossword puzzle to keep you entertained. (BTW: It goes without saying, turn your cell phones OFF before you enter those doors, and never wear headphones to listen to your iPhone or iPod. When names are being called you will not hear yours and that can spell trouble!). The time you wait will obviously vary. I was number "42" on the docket out of about 45 or 46 and I was finally called up to the Judge's bench at 12:30pm (3 hours). However once called up it usually takes under 5 minutes to be heard and have your Order to Show Cause "Granted" or "Denied". Now here's something I found interesting to watch. During the entire day there was this woman there. Every time I looked at her I kept hearing the Hall & Oats song "She's a MAN EATER!". She spent at least 2 hours of those 3 hours I waited up at the judge's bench with a HUGE armload of over-stuffed folders spilling out with papers. I would hear the judge call out "Palisades LLP vs. ?" "New Century Financial vs. ?", "Capital One vs. ?", "Coville & Genovese?", "Pressler & Pressler?" and a slew of other collection agencies which were all fairly familiar names from reading some of the posts from this website. For each of these, the "Man Eater" was "PLAINTIFF". She was usually joined buy some twerp of an assistant who she would issue orders to and toss folders to "take care of that." and he eagerly went about his weasley duties as ordered. He seemed to enjoy his job a bit too much... was it having a powerful dominating woman ordering him around like some twisted Mistress/Slave sex act video or just that he loved that feeling of 'sticking it to the little person!'... I was not able to figure out. Anyway for most of the day, the "Man Eater" stood in front of the judge's bench as 98% of the cases in court were for her... including mine. By the time my name was called, the "Man Eater" was sitting only about 5 feet away from me. She had no idea who I was as she was talking with the elderly woman with a cane sitting next to me. Obviously the "Man Eater" won her case against the poor elderly woman and was trying to arrange some sort of payment schedule. I never wished for a crossbow or spear or lance or even a big blunt stone in my life as I listend to the "Man Eater" browbeat and intimidate and push this poor elderly woman with a cane into paying more money and faster and starting payment soon (ie: Well I think you should start making payments by next monday and pay by the 1st of every month after that). I listened in anger and disgust as I wanted to take this poor elderly ladies cane and start bashing the "Man Eater" akin to the scene in "Oliver" (the musical)... Despicable, Disgusting, Repulsive person this "Man Eater" is indeed. But I digress. The judge calls "Pressler & Pressler?" and the "Man Eater" just yelled out "What docket number!". The judge answered and the "Man Eater" pulled out of her stack of papers a folder (mine) and looked for a moment and just tossed it at her trusty imp and said "Just take care of that one." as she went back into intimidating the poor elderly lady (the victim!). So I go up with "Weasel Boy Blunder" to the judge. I simply said "I never received a Summons or any notifications about this case from Pressler & Pressler until after they put a hold on my bank accounts. They claim they served papers to an old address which I have not lived at that address in 7 years, and I have my bank statements, utility bills, tax filings and other dated documents to prove that". "Weasel Boy" says "you NEVER lived at (address)??" in a sort of accusatory fashion and I said "No I did not say that.. I did live at that address PRE 2002, but have NOT lived there since June or July of 2002, and even though I filed with the post office my "Change of Address" to have all mail forwarded to me and further sent individual letters to every person in my address book and every company I had any dealings with to inform them of my new address (ie: magazines subscriptions)... with all of this, I have never once received communication from ANY of the plaintiffs or representatives in all that time from 2002 until the date my accounts were frozen!. I then went on to say "I did not inform Plains Commerce Bank of my move because, I have no idea who they are and had never even heard of them before!" and the judge smiled and said... I have never heard of them either... who are they counselor? and "Weasel Boy" just shrugged his head and said "I don't know!"... (Great answer!!! That's supposed to be whom he is suing on behalf but he has no idea who they are). I guess I am grateful I had to face off with "Weasel Boy" instead of "Man Eater"... he's wimpy and weak and obviously not all that bright... she's a.. well.. She's a MAAAAAAAAAAAAAN EATEEER! Whoa Whoa Whoa! :D So the Order to Show Cause was granted in fewer than 3 or 4 minutes tops and my case was to be put back on the Calendar. I was told by the judge that I will receive something in the mail from the courts in the next couple of weeks telling me when I need to come back again (SIGH.. so ANOTHER lost day from work... this is not only causing my money but putting my job in jeopardy at this point... taking this many sick days off to handle something I shouldn't be facing in the first place!). A few minutes later the clerk calls my name to come back up to the bench where he presents me with a copy of the decision and asked if I had a hold on my bank and I said yup!. So he told me where in the building (2nd floor room 225) I needed to go to get the copy notarized and that it would be a $6.00 fee for notarization. I was to take that to my bank to have the hold released. I go to room 225 and WOW WOW WOW... there was NO LINE AHEAD OF ME... this is, indeed, my lucky day! The gods have shown me great favor... but will this come at a price? I sure hope they don't expect me to provide a sacrafice to appease them (in the way of the "Man Eater" no doubt!)... I could never do that!!! She scares me too much!!!!!! Right down to her Power-Mistress-Business Suit, Power-Mistress-Business-Shoes, and one BADLY done dye job and perm! (shuddering at the thought). :-D So I pay the $6.00 for the notarization, and immediately take that to the nearest Citibank and talk to customer service who were (for the first time during this entire debacle) incredibly helpful and friendly. This sweet woman took the papers and faxed it to their legal department then called a 'friendly contact of hers' on the phone (in front of me) trying to push to have it processed as soon as possible for me as its been some time since I was able to have access to my beloved bank accounts. I asked "How long will this process take and please please please don't tell me 5 to 7 business days... just be kind!" and she laughed and asked her "friendly contact". The answer was "About 2 days to process on our end, but up to another 2 days for verification from the other party" (The Evil Monkey Kingdom of Pressler & Pressler). I'm thinking to myself "OH GREAT... I have to rely on THEM to be EXPEDIENT in RELEASING my money?????". However I get the impression is that the longest they can take is 48 hours to respond. Why they need to verify this is beyond me as I have a SIGNED and NOTARIZED ORDER from the courts saying to release my funds... but I guess red tape is red tape. So I now await my mail from the court which will tell me when I need to show up again. I am relieved by a few things. I won my first battle against the Evil Monkey Lords... (yey me!), soon, maybe within a week, I will be able to access my bank account and money again (yey me!), and I have a few weeks to search the net for "Man Eater Repellent Spray" or something similar (maybe a garlic garland and holy water? a crucifix?). There must be some form of magical amulet that will keep me safe from her evil powers... oh and I must remember to bring my tinted glasses to protect my eyes from the harsh glare of her miserably executed dye job. So I will say this again to anyone with enough time and patience to read though my (admittedly) LONG posts. If you are going through the same thing or are about to undergo this same process, do not lose hope and do not let yourself become overwhelmed and intimidated. Keep a positive outlook, keep your sanity, and keep your sense of humor! (that will help you with the first two immensely!). Lastly.. if you do become a victim of Pressler & Pressler (as I stood witness to so many people in court that day) do not just sit back and take it. ... * SPEAK UP!!! (on here and on other websites) ... * FIGHT BACK!!! (you do not need to be a lawyer and in most cases will not need to hire one.. though speaking with the free counsel - Pro Se attorney at the court is always advisable and helpful) ... * REPORT THEM!!!!!!!!!!!!!!! Join the online petitions against them. Report them to the BAR Association, Report them to your states ATTORNEY GENERAL, The BBB, even email or write to your local news stations and hope they may EXPOSE THEM. I know this sounds flakey but it has already happened... if you haven't seen the video from "My 9 News" exposing Pressler & Pressler, then check out http://www.youtube.com/watch?v=NTVZ4rU2_84 And please, if you win against them? Don't just walk away happy. Continue to spread the word and help others who fall prey to these thugs. Document everything you can (every communication) and continue to report and post about them. If you are getting help from my posts? Then carry that forward and share your stories to help others!
J_D_NY
New York,#10Author of original report
Tue, February 10, 2009
I have read a lot of posts on here about the evil empire of Pressler and Pressler and Sewer Service, and I am living proof of that... I pulled together all my bank statements, telephone bills, income tax filings, and other misc. DATED Papers from 2002 and 2003, all showing my CURRENT address thus proving that I have been at my CURRENT Residence since no later than July 2002, so their serving papers in 2007 and 2008 (5 and 6 years AFTER my move) to an OLD address was useless. Their original filing stated that they had a person physically attempt to serve the summons 3 times and then affixed the summons to the door. As I stated in my original post, this is highly suspect being as the old address they served is a luxory coop in Manhattan with 24/7 Doorman and Conceirge service who would have told this person that I do not live there and have not lived there in several years. I plan to ask the Court to order either Pressler & Pressler, Coville & Genovese, Strategic Assets, Inc., Palisades Collection LLP or Plains Commerce Bank to pay reimbursement and damages for $1997.20. This is to cover Legal Fees assessed by my bank (Citibank) for $125.00, Overdrawn Fees assessed by my bank during this period, Federal Express mailings (ordered by the court) for $15.25 each to Coville & Genovese and Pressler & Pressler, Lost Time from Work going to court (2 days) and Personal Damages of $1,000 for the aggrevation they've put me through, the antagonistic/threatening and rude treatment on the phone by their thugs.. I mean... their paralegals (as if!), plus all the time it took me to research this, pulling credit reports, all the calls and faxes to my bank to try to resolve this, and other time waisted on this. I hope that I not only get this vacated, but that I see some payback for all this crap.
John
Louisville,#11Consumer Comment
Tue, February 10, 2009
It should always be a matter of concern when bank accounts get frozen without any prior, advance notification. Judgments cannot come out of the clear blue sky and debt collectors cannot assess judgments on their own. Only a court can do this.....A process has to be followed: Officially serving you a summons....this is usually done by a sheriff. A court date is established and on that date you face your creditor. If they win and a judgement is assessed...only THEN they can freeze your bank accounts... Many bottom-feeder debt collectors have figured out that if they "accidentally" serve you a summons to an old/incorrect address where they know that you won't be there.....that you will be a "no show" on the court date because you weren't aware of it.....Then.... boom....an automatic default judgement is assessed against you. This is how these bank account freezes usually occur out of the clear blue sky. When the time comes to assess the judgment, they have no trouble finding your "real" address. It is illegal to deliberately serve someone at an incorrect address. This tactic is called a "sewer service" summons delivery. If you can document that you were improperly served, you may be able to get this judgement voided. Budhibbs.com is a good resource about these vultures....
J_D_NY
New York,#12Author of original report
Tue, February 10, 2009
Just a follow-up and some interesting crap from the Evil Empire of Pressler & Pressler... On 2/9/2009 I receive new communication from Pressler & Pressler, LLP which was dated 2/5/2009. All from a Craig S. Siller (CSS/CS) for Pressler & Pressler. The papers were very sloppy indeed. Cover Letter: ----------------------- Dear Mr. (My Name) Enclosed, please fine the Plaintiff's Affirmation in Opposition to the Defendant's Order to Show Cause. Be guided accordingly. Should you have any questions or wish to discuss a settlement agreement, please call this office at 1 (888) 312-8600. Very truly yours, PRESSLER & PRESSLER, LLP Craig S. Stiller CSS/CS This is a communication from a debt collector. ----------------------- The Affirmation In Opposition ----------------------- Strategic Asset, Inc. (Plantiff) Against (My Name) (Defendant(s)) Craig S. Stiller, an attorney at law duly admitted and licensed in the State of New York, affirms that the following statements are true under penalties of perjury that: (1) I am associated with the attorny for Plantiff, and I am fully familiar with all the facts and circumstances of this action. (2) I make this affirmation in opposition to Defendant's Order to Show Cause to Vacate Default Judgment, Income Executions, Restraining Notices, Restore to Calendar and allow proposed answer. (3) The Order to Show Cause should be denied as defective since the Defendant has failed to provide plaintiff with a copy of the proposed answer in which he alleges there is a good defense. Without knowing what the good defense is Plaintiff cannot oppose the Order to Show Cause. (4) In addition, the Defendant has not provided any admissible proof that his bank account was restrained by the Plaintiff. (5) Based upon the foregoing, Defendant fails to establish the excusable reason for default rquried by CPLR 5015 and the meritorious defense required by both CPLR 5015 and 317 To Vacate Default Judgment and Place on the Calendar. WHEREFORE, Plaintiff respectfully requests that Defendant's Order Vacating Default Judgment, Income Executions, Restraining Notices and Restore to Calendar be denied. Affirmed: February 5, 2009 PRESSLER & PRESSLER, LLP Attorney for Plaintiff 305 Broadway, 9th Floor New York, NY 10007 (516) 222-7929 By: Crait Stiller, Esq. ----------------------- Affirmation Of Service By Mail ----------------------- PALISSADES COLLECTION, L.L.C. (Plaintiff) against (My Name) (Defendants(s)) CRAIG S. STILLER, an attorney admitted to practice in the Courts of the State of New york, associated with the firm of Pressler and Pressler LLP, Attorneys for Plaintiff, affirm under the penalty of perjury that I am not a party to the action, and on FEBRUARY 5, 2009, the attached Affirmation in Opposition to Defendant's Order to Show Cause and Exhibits were served by depositing a copy thereof in a first class postage paid wrapper, addressed to the address designated for that purpose in an official depository under the exclusive care and custody of the United States Postal Service, that address being (My Name) (My Address) PRESSLER & PRESSLER, LLP Attorney for Plaintiff 305 Broadway, 9th Floor New York, NY 10007 (516) 222-7929 By: Craig S Stiller, Esq ----------------------- Final Page ----------------------- CIVIL COURT OF THE CITY OF NEW YORK COUNTY OF NEW YORK PALISADES COLLECTION, L.L.C. (Plaintiff) AGAINST (MY NAME) (Defendant(s)) AFFIRMATION IN OPPOSITION TO DEFENDANT'S ORDER TO SHOW CAUSE PRESSLER & PRESSLER, LLP Attorney for Plaintiff 305 Broadway, 9th Floor New York, NY 10007 (516) 222-7929 ----------------------- Things to note: ----------------------- (1) On Cover Letter and Affirmation In Opposition, the Plaintiff is STRATEGIC ASSET, INC. HOWEVER ON Affirmation of Service By Mail and Final Page, the Plaintiff is PALISADES COLLECTION, L.L.C. This is the first time for Palisades Collection LLC to be mentioned in any/all documents/filings/communications. ----------------------- (2) Regarding CLAIM # 3 of AFFIRMATION IN OPPOSITION they state that I have failed to provide plaintiff with a copy of thep roposed answer in which I allege there is a good defense. Hmmm this is on the Order to Show Cause which was FedEx'ed to them. "THE DEBT IS NOT MINE". What PROOF do they expect I should present? Thats like saying "PROVE YOU DID NOT HAVE A CUP OF COFFEE ON JULY 4th, 2002". Its ludicrous, how can you expect someone to prove something like that? Also, isn't it the PLAINTIFF'S burden to prove the debt is mine? Not that I prove its not without them providing ANY proof? ----------------------- (3) Regarding Claim # 4 of Affirmation In Opposition, I find it ludicrous that they claim I did not provide any ADMISSIBLE PROOF that my bank account was restrained by plaintiff, especially since THEY (PRESSLER & PRESSLER) did it. Also, the Bank Notification sent to me by Citibank about Pressler and Pressler restraining my bank account was affixed to my Order to Show Cause when filed with the court. ----------------------- (4) At this point, who is suing me? Papers filed by Coville & Genovese who have since disappeared to be taken over by Pressler & Pressler on behalf of Strategic Assets, INC. who are also Palisades Collection, L.L.P., one of whom or both are collecting on behalf of Plains Commerce Bank? Or maybe its the League of Women Voters? Who else will come out of the woodwork before the court date which is set for Tomorrow (Wednesday, February 11th, 2009).