Lawsuit: Adjourned Pressler, Felt & Warshaw, LLP v. .Jack77l8568 [2023] DCR 34

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IN THE DISTRICT COURT OF THE COMMONWEALTH OF REDMONT
CIVIL ACTION


Pressler, Felt & Warshaw, LLP
Plaintiff

v.

.Jack77l8568
Defendant

COMPLAINT
The Plaintiff complains against the Defendant as follows:

WRITTEN STATEMENT FROM THE PLAINTIFF

On October 7th, 2023 the debtor Jack77l8568 signed an agreement with Avalon Bank and agreed on a loan of $750.00 with a weekly interest rate of 60%. On October 8th, 2023 Avalon Bank sold the loan to Pressler, Felt & Warshaw, LLP. As of October 15th, 2023, the defendant has yet to pay back the debt collection agency.


I. PARTIES
1. Pressler, Felt & Warshaw, LLP (Plaintiff)
2. .Jack77l8568 (Defendant)

II. FACTS
1. On October 7th, 2023 the defendant signed a contract with Avalon Bank (Exhibit A)
2. On October 8th, 2023 Avalon Bank sold this loan to Pressler, Felt & Warshaw, LLP (Exhibit B)
3. As of October 15th, 2023 the defendant has not yet paid for the loan.

III. CLAIMS FOR RELIEF
1. The defendant has broken the agreement between the bank and the defendant.

IV. PRAYER FOR RELIEF
The Plaintiff seeks the following from the Defendant:
1. $1,250.00 (Outstanding loan balance)
2. $1,750.00 (Legal Fees)
3. $2,950.00 (Total)
If prayers for relief are met please send them to xAntho_ny.




By making this submission, I agree I understand the penalties of lying in court and the fact that I am subject to perjury should I knowingly make a false statement in court.

DATED: This 15th day of October 2023
 
district-court-png.12083

IN THE DISTRICT COURT OF THE COMMONWEALTH OF REDMONT
WRIT OF SUMMONS
The defendant is required to appear before the District Court in the case of Pressler, Felt & Warshaw, LLP v. .Jack77l8568. Failure to appear within 48 hours of this summons will result in a default judgement based on the known facts of the case. Both parties should make themselves aware of the Court Rules and Procedures, including the option of an in-game trial should both parties request one.​
 
You're honor, it has been 48 hours.
 
You're honor, it has been 2 days, could a public defender please be appointed to represent them?
 
You’re honor, Is there an update on this?
 
My deepest apologies, I have been sick for the last few days. I will summon a public defender tonight.
 
I again apologize for the delay and a public defender will be summoned shortly. Thank you for your patience.
 
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IN THE DISTRICT COURT OF THE COMMONWEALTH OF REDMONT
WRIT OF SUMMONS
@zLost is required to appear before the District Court in the case of Pressler, Felt, and Warshaw LLP. v. .Jack77l8568 [2023] DCR 34. Failure to appear within 72 hours of this summons will result in a default judgement based on the known facts of the case. Both parties should make themselves aware of the Court Rules and Procedures, including the option of an in-game trial should both parties request one.​
 
Your Honor, I apologize for this but I request a 24 hour extension, as I have a mid-term exam tomorrow and was unable to finish my opening statement in time due to it.
 
The 24 hour extension is granted.
 
zLost is hereby charged with contempt of court. The DOJ is ordered to fine/jail him appropriately. We will now be moving onto opening statements, the plaintiff has 72 hours to present theirs.
 
IN THE DISTRICT COURT OF THE COMMONWEALTH REDMONT
OPENING STATEMENT

I. Opening Statement

You're honor,

I am going to keep this short but the defendant signed an agreement, to pay back the plaintiff the amount. The defendant completely ignored the due date and any responses from the plaintiff when giving them their payment reminders. The defendant has broken the terms of the contract signed between the defendant and Avalon Bank. Then they refused to pay the plaintiff, the full amount of $1,250.00.

By making this submission, I agree I understand the penalties of lying in court and the fact that I am subject to perjury should I knowingly make a false statement.

DATED: 30th day of October, 2023
 
The defense may present their opening statement within 72 hours.
 
The Defence would like to motion for summary judgement.
 
IN THE DISTRICT COURT OF THE COMMONWEALTH REDMONT
OPENING STATEMENT

Your Honor, the contract provided in Exhibit A is invalid, as the Contract Law Creation Act states:
(2) The only restrictions upon such contracts is that any contract which would compel any party to violate the law is void, no player with less than 2 hours of play time may enter into a legally binding contract, and no contract for which one or more parties were coerced into signing shall be enforceable.

In the evidence provided in Exhibit A, the defendant is shown signing the contract at 2:20 PM EST. We know that it's 2:20 PM EST, as the picture was taken by Dumbyhead (aka v__d), since Dumbyhead is pinged in the 3rd screenshot in Exhibit A. v__d has stated that they have EST timezone, in the screenshot below:
v__D timezone.png


The Defendant joined the server at 12:36 PM EST, shown in the picture below (note: the following picture has GST timezone):
1698783746634.png


Thus, the maximum amount of playtime the defendant could've physically had when they signed the contract was 1 hour and 44 minutes, which is not enough to sign a contract. So, as the contract in Exhibit A is invalid, so is the contract in Exhibit B as there never was a contract to buy debt from in the first place.
 
Okay then, we will now go into recess while I write a verdict.
 
You're honor

Is it possible we can add new evidence?
 
Also you're honor,
They have been banned from the server, so we request a default judgement if possible.
 
The court is already in recess pending a verdict.
 
I am here to notify both sides I will be presiding over the remainder of this case. I understand we are in recess until a verdict is written which I am to be writing now.
 

Verdict



IN THE DISTRICT COURT OF THE COMMONWEALTH OF REDMONT
VERDICT

Pressler, Felt & Warshaw, LLP v. Jack77l8568 [2023] DCR 34

I. PLAINTIFF'S POSITION
1. The Defendant took out a loan and has yet to pay back the loan.

II. DEFENDANT'S POSITION
1. Failed to appear.

III. THE COURT OPINION
1. Avalon Bank did get a player with under 2 hours of playtime to sign a contract thus violating the CLF.
2. Due to a Precedent set in Pressler, Felt & Warshaw, LLP v. .AcesEnigma1602 (DCR 31) the same contract is shown with only one change being the rate of interest and the amount of money in the loan. Due to the contract being the same and other parts of the contract being found violating the CLF means the contract was still violating the CLF here.

IV. DECISION
1. The Court rules in favor of the Defense however, the original loan amount ($1,250) is to be returned to the Plaintiff from the Defendant.

The District Court thanks all involved.

 
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