Re: continue:

Posted by burned (68.36.255.234) on July 09, 2004 at 18:34:07:

In Reply to: continue: posted by burned on July 09, 2004 at 18:33:12:

I suspect that if they are suing you in the name of, for example, Greenwood Trust, the debt was written off but Pressler sues you in the name of Greenwood Trust and Pressler keeps ALL of the money they get from you.

You will have to challenge this through a motion to dismiss. If they have not bought the judge (it may also be a corrupt law clerk,) the case should be dismissed, lest Pressler coughs up the contract. Not only is the judgment void without the contract, New Century has no standing to sue! If the judge does not dismiss, you must file a collateral action for declaratory relief in the chancery division, naming the judge as well. There are some judges who have committed outright FRAUD by asserting that the defendant (you) had not asserted excusable neglect for failing to file a timely answer. This is a criminal act by the judge. If this happens to you, please contact me with the details.

If you have recently been served or just received a summons and complaint from the court where Pressler is representing New Century, file this motion. I have never been to law school so if you're not sure this is right for you, then do your own research. If this motion is denied by the judge, then write me and I will send you an answer/counterclaim you can file.

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