You are here:

Collections Law/credit card judgement

Advertisement

Expert: Creditwrench - 5/6/2009


Question
I received a letter from a collection agency about three weeks agao,because i was not aware of these having my credit info i haven't answer or return a call...In about a week i received a warrant letter from the sheriff in my county in the state of NJ saying i didnt comply with court order from a collection agency Pressler & Pressler. I call the sheriff to find out what court orders and he said its not from the court but the agency sent him the letter for the warrant on me and if i had no idea of this debt i should call pressler & pressler. I called this agency to ask them to supply me with proof that they indeed had this and they said its not possible and he will send out a letter for my financial informaton...do i reply do that if you want along with proof of my debt he then said to me that i should provide proof that my card company didn't sell my debt too them. I went down to the court house to file a motion to vacate judgement....now i recieve a letter from Pressler saying they  file to denied that motion. I called the credit comapny i owed and i have them on recording telling me the company they sold my account too which isn't Pressler & Pressler...Can i use the recording in court?

Answer

click here to enlarge
The first thing I think you need to do is call the sheriff again and ask whether or not there is an actual arrest warrant issued against you. If not then the next thing I would do is file a federal civil complaint against them. You don't need a lawyer to do that. Then I would go to the clerk of the court and see if a case has been filed against you. If so you will need to respond to the summons and complaint. You will want to ask whether the case is filed in small claims court or in district court. If I were to respond to such a complaint I would use a sworn statement of graduated denial.

Creditwrench

Expertise

Debt Collections law, Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), federal law, how to properly answer court summons for collection cases, how to prepare federal cases against debt collectors, how to deal with debt collection phone calls.

Experience

I've been an active consumer advocate for more than 40 years and have helped hundreds of people win cases against debt collectors as well as helping them defeat demands for summary judgment lodged against them by banks, debt collectors and defeat mortgage foreclosures and keep their homes.

Education/Credentials
Paralegal courses for the most part.
I have been teaching people how to deal with judgments, mortgage foreclosures and other such problems both on and off the internet for many, many years. I am a Richard Cornforth information provider ever since 2000 and worked with many other organizations and causes since 1980. I was Oklahoma State Chairman for the nationwide drive to defeat the Constitutional Convention which was proposed by various factions within our federal government such as the Council of State Governments and the National Organization of State Governors who were working hard to organize a Constitutional Convention to be held in 1995 for the purpose of rewriting our American Constitution to be more acceptable to the United Nations. I worked with Senator Charles Duke of Colorado and Senator Don Rogers of California and many others across the nation to keep them from getting the number of delegate states required to lawfully hold a Con-Con and we were successful. I have worked with many other legislative issues in Oklahoma and have always been very successful.

©2012 About.com, a part of The New York Times Company. All rights reserved.