Tonight I read several HUNDRED pages of the "apparently" entirely frivolous lawsuit of CAIPNJ owner Scott Mills against notorious debt collector Pressler & Pressler and Capital One Bank in New Jersey federal court for violations of the Fair Debt Collection Practices Act, Fair Credit Reporting Act and many BIZARRE claims like RICO.
Mills LOST in state court when Pressler & Pressler sued him on behalf of Capital One. So instead of appealing, he sued them in federal court. DUH!
He claimed to be an ID theft victim, but all statements went to his address and were initially PAID at his address by his mother. I'm surprised nobody depo'd his mother. I suppose they didn't want to incur the expenses. But that's what I'd do if I had the $$$. I'm so sick of liars.
It wouldn't be so depressing if I hadn't actually had communications with Scott Mills and if CreditSuit wasn't down, I'd link to the thread.
This moron had EVERY opportunity to prevent this disaster.
I'm NOT a lawyer.
However, I have quite a bit of collection and credit reporting litigation experience. I downloaded, read and posted MANY filings and rulings and I followed some of my clients' and CreditFactors subscribers' lawsuits who were represented.
So instead of EDUCATING himself, Mills followed the idiotic advice you get in the free credit forums, recommending to DENY that it's your debt even when it CLEARLY is.
You DO have the right to deny a debt in court (unless you make statements under oath) and to demand validation and if they don't produce documentation, you might well prevail.
But you have to know when to quit and there are SO MANY legitimate defenses.
Mills apparently thought he'd be particularly smart by having his MOTHER pay his Capital One credit card and then demanding a copy of the application (there is of course none when you apply on the web/phone) and denying responsibility.
There was another moron named James Morrison aka LIZARDKING who "developed" this litigation strategy of suing with claims based entirely on lies.
Again, I wish CreditSuit wasn't down so I could link to that thread.
Eventually, the courts caught on to his frivolous lawsuits and false claims. Morrison changed his SIGNATURE, trying to prove that he didn't sign a lease application. Can you imagine driving a car for years and then claiming that it wasn't YOU?
What's wrong with all these STUPID IDIOTS?
And they are the HEROS in the free credit and debt collection forums.
They're having a good run by getting desperate consumers all riled up and of course they make good money along the way off advertising, consulting and referral fees.
I noticed the affiliation of CAIPNJ with Bud Hibbs, another fake consumer advocate I want NOTHING to do with.
I had some communications with Hibbs quite a few years ago and came away with the distinct feeling that he is only in it for the money. Later readers emailed me that he republished my documents on HIS site without ever even giving me credit.
Speaking of which, it's hilarious that Mills has his complaint on his site with the notice that it's HIS property. Well, I just paid a lot of money (I'm afraid to look at my PACER account) to download hundreds of pages that are now MY property.
If you want to see any of the Mills document for free download here, please post. I'm attaching the docket and the filings will go to the CreditFactors litigation knowledgebase -- for people serious about prevailing in court and willing to put in the hours to read and learn.
So here is an excerpt from the Pressler 1/9/09 Motion to Dismiss:
24. S. Mills appeared and made his arguments. During the hearing he admitted to living at the 56 Oak Street, Rochelle Park address where the monthly account statements were sent. (T5:6 to 24). Moreover the checks in payment on the account were drawn on the checking account of S. Mills’ mother and step father. After S. Mills claimed the account might be the result of ID theft (T8:22 to 9:3) the Judge Rosa made the following observation:
THE COURT: So you're -- you would have me believe -- you would have me believe that a credit card company sends bills to your address, your mother pays them, portions of them over a period of time, never questions you saying Scott, why am I paying these bills? And now you come in here and say I know nothing about it. I do not believe that. I absolute -- that is incredible. No one would do that. I don't believe you. (12/7/08 - T9:13-21)
25. At the conclusion of argument Judge Rosa made the following finding of fact:
THE COURT: I've heard enough. I've read a 102 pages of this. There's no doubt in my mind, there's no rational fact finder could decide other other than that the account is yours, it was being paid on your behalf. (12/7/08 - T10:24 to 11:3)
26. Judge Rosa then granted summary judgment in the amount of $1756.39 plus costs in favor of Capital One and denied S. Mills’ motions to dismiss the complaint and for sanctions against Pressler, and his cross motion for summary judgment. All matters in litigation between the parties in the Bergen county matter were thusly concluded.
I absolutely TOTALLY agree with judge Rosa.
Mill's response was due on Friday and it doesn't show on the docket yet, I'll check again later this week.
His complaint is written as if he never read ANY of the motions to dismiss or for summary judgment by MY corporate defendants. They are posted for free to download at CreditCourt.
It bites to see scummy outfits like Cap One and Pressler & Pressler being able to use this case to show to legislators what LYING SCUM consumers are and why debt collection laws are too strong.
I could cry.
Thousands of hours of research, so much work, and liars like Mills ruin it for all. Here is his blog: http://caipnj.blogspot.com/ If you look hard, you'll find his writing between all the Google ads.
Here's some of my research and work:
Incredibly, I lost in court because federal judge Wake felt that only data specifically identified in the FCRA has to be reported. The appeal is still pending, but it no longer matters.
Many lawyers picked up on my research and finally they succeeded through a class action against all three major credit bureaus to have the reporting of the Cap One credit limits required.
Also please see my open letter with some of the major credit reporting problems, I attached it as an exhibit to my Capital One credit limit appeal brief:
Here's my IC System settled suit with some recorded collection calls:
It is almost impossible NOT to get at least a few legitimate FCRA and FDCPA claims if you do your homework.
You may not prevail in court because many judges don't like consumers and you don't know the law, but there's really NO need to lie.
After first dealing with Morrison and now seeing this Mills suit, I'm beginning to see why so many judges despise consumers.
And I almost forgot to mention, Mills is demanding $20 million dollars.
"Pigs get fed, hogs get slaughtered."
I'll check the docket at the end of the week.