Expert: Ontrack Financial Group llc - 5/28/2009

Question
QUESTION: can you please help me with this.  I don't know how to answer it. I am fighting with pressler and pressler on a credit card that they are claiming it is mine.

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.   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, correspondace, contracts, agreements, notices, monthly statements, applicatons, and any letters sent to or received in connection with the subject account.   attach any documentation evidencing defendant's mailing address(es) betwee 08/12/05 to 08/21/07, which should include, but is not limited to, copies of energy or water bills, telephone bills, lease(s) and/or deed(s) mortgage9s) and drivers license(s). If said docummentation is not in the possession of the defendant, please list each address at which the defendant received mail during the time period requested."

ANSWER: In order to give you an accurate answer, is this credit card yours?

---------- FOLLOW-UP ----------

QUESTION: No. That is the reason that i am fighting them since november.

Answer
Judith,

Read below, if you have additional questions email me at Mike.Moore@ontfg.om

1. If you defend your case, the plaintiff (credit card company or debt buyer) has the burden of proof. In a civil case such as a credit card lawsuit, the company must generally prove that (i) a contract existed between you and the company; (2) you substantially breached the contract by failing to fulfill your contractual duties (such as making payments); and (3) that the plaintiff was damaged as a result of your breach. Additionally, in cases where a debt buyer is suing you on some debt it purchased from a credit card company, it must prove that it purchased the debt from the company and has the present right recover the debt. If the plaintiff cannot prove each of these elements, they will lose.

2. You have the right to defend and demand that the company or debt collector prove their case in court before you are subjected to a judgment against you. If they are unable to come up with the proof necessary to meet their burden they will lose the case.

3. You have the right to get information about the alleged account and Plaintiff's case through a legal process known as "discovery". For instance, if you agree that you had the account but are not sure what the balance is or should be, you have the right to examine all of the details of the account and the various transactions to determine for yourself how much you really owe, if anything, instead of relying on the bald allegations in the lawsuit. Additionally, this process allows you to determine how much proof the plaintiff really has so that you may evaluate the likelihood that it would be able to prove its case in court.

4. You have the right to force witnesses from the credit card company or debt buyer to come to court to testify and you have the right to cross-examine those witnesses. You may also call your own witnesses to testify on your behalf.

5. You have the right to object to or move to dismiss the plaintiff's complaint if it is legally insufficient or if the Court lacks jurisdiction over you.

6. You have the right to file a Motion for Summary Judgment if the plaintiff is unable to come up with enough proof to meet their burden.

7. You have the right to assert certain affirmative defenses such as the "Statute of Limitations". The Statute of Limitations is the period of time in which the plaintiff must file suit or forever lose their ability to legally prove their claim. These defenses must be raised by you in your response to the complaint or you will waive them. An attorney will help you determine if you have a valid legal defense to the case against you.