pressler & pressler

[RAnn]

check out www.njlawnet.com business message board titled "collection agency lawsuit" on pressler-someone actually beat them at their game!

 

[debt_helper]

If you fill out the "information subpeona" that Pressler & Pressler has sent you, doesn;t that almost guarantee that they will garnish your wages and empty your bank accounts? They ask for all the information on the information subpeona. How can they empty your account? How are you supposed to live? Some help would be appreciated. Thanks

First things first- if you have to fill out an information subpoena, there is a judgment against you. You owe this money. The law is not working for you anymore. They are legally entitled to that information. If you call them to set up a payment arrangement, you can avoid a wage garnishment or bank levy. If you continue to duck the jusgment, they can contact your employeer and levy your bank account- its as simple as that. As for "how am I supposed to live?", the answer is pay your bills and don't let them get to that point where you get sued and the money has to be forceably taken from you.

 

[debt_helper]

check out www.njlawnet.com business message board titled "collection agency lawsuit" on pressler-someone actually beat them at their game!

I took a look at this. That person answered the complaint, and got a lawyer to respond to all the pretrial motions. It actually went to trial, and they proved their case. The key thing is, the court is friendly to any alledged debter pre-judgment. It's post-judgment where Pressler gains their power.

 

[ish108]

Is Pressler & Pressler Bad people?

As our good friend debt helper has so clarly stated the firm goes out and uses their capital to obtain a financial gain from other creditors misfortune collecting their own debt. And he is also correct that this is America and if you owe you must pay, nothing is for free. However, the firm of Pressler & Pressler and or their employees, in their quest for such financial gains may have (and has been established that in the past they have) employed methods not allowed or illegal to collect such debts. Our friend debt helper said the firm is entitle to collect on your debt, by the same token such collections methods and practices have to be legal. No matter what situation you are in the legal system provide for some check and balances and you need to exercisse any tool in such system to prevent yourself from being harrased. Yes if you owe the debt you will need to pay. However, check that all your rights have been safeguarded and act upon them. It is not easy to approach any legal situation, but with some time and a few cups of coffee you can learn a lot on the web. Do check those sites and perhaps some of the discussions may help you see your status in a better light. Check that the normal course of action for obtaing highly effective legal decisions have been followed tot he letter of the law, then perhaps seek help from some of the legal advice groups mentioned on this site.

 

[BONJOVI]

I am still fighting those assholes. They lied in paper about my income. Also I am going to find out if its legal for them to buy accounts from another company. Pressler & Prssler and new Century financial services are the same company. I don't think thats legal. Here is my update I responded to the punks ABOUT them trying to arrest me. I want to go after those bastards anyone with me send me a message.

 

[debt_helper]

I am still fighting those assholes. They lied in paper about my income. Also I am going to find out if its legal for them to buy accounts from another company. Pressler & Prssler and new Century financial services are the same company. I don't think thats legal. Here is my update I responded to the punks ABOUT them trying to arrest me. I want to go after those bastards anyone with me send me a message.

#1- it is legal for a debt purchasing company to buy debts.
#2- New Century Financial purchased the debt, then gave the case to Pressler to sue you. They are not the same company. New Century Financial employees many attorney offices to sue on their debts. Pressler is a debt collection campany in their own right because they are authorized to accept money without suing. HOWEVER, Pressler is also a law firm. When they sue you and get a judgment, they are working on behalf of their clients, New Century Financial.
#3- I dont know how you think they lied about your income, more info needed. However, if you filled out the information subpoena and gave them your salary info, they would have just gotten it from there. The information subpoena will have your signature on it, so you don't have much of a case to go after them there.

 

[maryalice]

#1- it is legal for a debt purchasing company to buy debts.
#2- New Century Financial purchased the debt, then gave the case to Pressler to sue you. They are not the same company. New Century Financial employees many attorney offices to sue on their debts. Pressler is a debt collection campany in their own right because they are authorized to accept money without suing. HOWEVER, Pressler is also a law firm. When they sue you and get a judgment, they are working on behalf of their clients, New Century Financial.
#3- I dont know how you think they lied about your income, more info needed. However, if you filled out the information subpoena and gave them your salary info, they would have just gotten it from there. The information subpoena will have your signature on it, so you don't have much of a case to go after them there.

Is it me, or does anyone else think that debthelper could possibly work for Pressler & Pressler? Just a thought...

 

[debt_helper]

Is it me, or does anyone else think that debthelper could possibly work for Pressler & Pressler? Just a thought...

Sorry, never for Pressler, but I have worked for collection firms before.

 

[Alman5]

Sign me up for the Class-action suit against these Bastards!

I contacted a lawyer in Ledgewood, nj who is a consumer fraud lawyer and he takes case like ours. It says on his website that he takes most cases on a contingency. I sent him an email and he responded right away.(I didnt call him back yet because Im scared and I dont know what to do yet) Maybe we should all get together and file a class action suit. I think if enough of us get together we have a better chance of winning. The whole situation is very frightening Im waiting for some one to come to my house looking for money. My boyfriend and I share a bank account and I'm going to take my name off of it. I'm scared that they are going to try to get money out of it and most of the money is NOT mine.

Here's his site http://www.njconsumerfraudlawyers.com/

Anyone intrested can email me with your situation
tinamc@tmail.com

Tina

I am very much interested in contacting Mr. Chulsky, as I have a similar case where these F-heads (P & P) have sent me a Summons claiming I owe New Century Financial Services some $1,600. I have no clue as to how and where they came upon this info!! I need to get hold of a lawyer who can respond with a retaliatory law suit to fix up these monkeys.
Thanks for the info.
Al

 

[ebrites]

pressler and pressler and new century financial services are the same and it is illegal what they are doing they don't have proof of the debt which i requested them to send validation and they denied to send it to me so why do i have to pay for something that they can not prove. go to www.geocities.com/presslerclub/ to see what i am talking about.

 

[debt_helper]

pressler and pressler and new century financial services are the same and it is illegal what they are doing they don't have proof of the debt which i requested them to send validation and they denied to send it to me so why do i have to pay for something that they can not prove. go to www.geocities.com/presslerclub/ to see what i am talking about.

#1- Pressler and New Century Financial are not the same. If they were, both would be shut down because it would be illegal. Since they are not the same, they both continue to operate.

#2- If you requested debt validation later than 30 days after you got the Fair Debt Collection Practices Notice, you are not entitled to validation, and they are not required to provide it. If you were served with a complalint, answer it and deny all the charges. When you go to court, they will have to produce validation or you will win. If there is a judgment against you, forget about validation- you need to pay, and if you don't, they will find a way. If you have requested validation within 30 days of recieving your Fair Debt Collection Practice Notice, and have not received it, and they have proceeded to sue- then you have a counter-claim for $1,000 for violating the Fair Debt Collection Practices Act.

#3- The website your provided is not a surprise to Pressler, and you will end up looking very bad if you choose to rely solely on its contents. Either get an attorney, or pay your bills.

 

[imsoready]

Hello All-

I am going through the exact same thing with them. I haven't called or responded to any of their letters, even the ones they sent certified. If someone is thinking about filing a class action suit, I'm ready for that! They have already been in contact with a former employer of mine, but they did not respond. I want to be responsible and take care of any debt that I have, period. But their unethical practices make it so that I don't really trust them.

Hope you all have a good evening.

 

[Grendle]

dont listen to debthelper

Debthelper is obviously an employee of PnP, which relies on YOUR stupidity of the law, and he's here to make you think you cant do anything and are helpless. The fact remains they DO violate the law, which is worse than you being a debtor. Visit fightpressler.org and pool your resources, also their ARE attorneys who will totally disagree, and win in court, from the propaganda debt helper is spewing here. One thing he IS right about, this is America, and you have rights! For your own sakes ignore anymore posts from debthelper, do not even reply to them.

 

[spikemarley]

Dearest debt helper,
You say that P&P has every right to collect debt. While that argument may hold some truth, do you think they follow the letter of the law? Give me a break. Do you mean to tell me that they actually honor statutes of limitations?

 

[debt_helper]

statute of limitations...

If you think there is a statute of limitations issue, you are entitled to raise the issue with the court- however there is a time and a place for everything. If they already have a judgment against you, and then you think there is a possibility of a SOL issue, you need to make a motion to vacate the judgment- not simply object to an execution and raise SOL as your defense. Additionally, there are restrictions on vacating a judgment, so don't think that just because you think Pressler has violated the SOL you will be able to vacate the judgment. Next time, file an answer and raise SOL as an issue.

As for me working at Pressler and spewing propaganda... I deny all charges. I'm simply alerting anyone who wants the truth what position they are really in. There is a reason Pressler makes so much money.

Finally, the defeatpressler.org website- if you think Pressler has never seen that site and is not prepared to refute anything you present to court from that site, think again. The law is the law- I wish you all the luck in the world, but the reality is, you are going to lose 90% of the time.

 

[Lyzzard]

Pressler & Pressler are thieves

Sorry to burst your bubble, but P&P are just about 6 inches lower than whatever you find at the bottom of a septic tank. Debthelper, I think you are attempting to be a wolf in sheeps clothing. At ANYTIME you are allowed to request validation of a debt. There is no limitation to the first 30 days. P&P is known for their downright theivery. My advice to anyone who gets a letter from these "people" is to do as much reasearch as you can about your supposed debt and the laws on it. Also, and I can't stress this enough, document everything!!! And don't fall for their atempts to confuse you on the phone and trick you into saying that you owe the money. Wait until you see proof! Best of luck to you all!

 

[debt_helper]

Sorry, you are incorrect. The Fair Debt Collection Practices Act (FDCPA) allows request for verification of debt only within 30 days of notification of the debt. If you answer a complaint and make it past the pre-trial motions to discovery- yes, then you can make a demand for production of documents. But post-judgment, they do not have to produce a thing.

As far as documenting conversations and letters- absolutely. A violation of the FDCPA can get you a $1,000.00 judgment. In fact, if you can show they violated the FDCPA, they may just drop the claim against you to save face (assuming your debt isn't $30,000- I imagine they would just take the hit on that one).

 

[Lyzzard]

The problem with your reasoning here, debthelper, is that the US justice system is based on evidence, and if a debt collector wants to collect from you it would be in their best interest to present an airtight case. If you are disputing a debt then, by all means, you do have the right to see whether or not it is valid. The FDCPA does state that you should WITHIN 30 DAYS FROM THE FIRST CONTACT DISPUTE THE DEBT AND REQUEST VALIDATION and the collector must stop collection proceedings until such a document is produced. No where does it say that during that period is the only time that you are allowed to request verification. It does, however say that if you don't follow those instructions within the 30 day time frame, the collection agency can assume that the debt is valid. You can look it up yourself if you wish. FYI, it is rule 809 of the FDCPA. The part I personally find the most interesting is (c) The failure of a consumer to dispute validity of a debt cannot be construed as liability.

Debthelper, if I am wrong, then so be it, but I would bet the farm that you work for or are somehow affiliated with P&P. There would be no other reason for you to try to mislead the readers of this forum.

 

[debt_helper]

#1- if you get a default judgment, your case is airtight without the production of evidence. The reasoning: YOU HAVE YOUR JUDGMENT!

#2- the FDCPA allows you to request debt verification within 30 days. It would not stipulate a timeframe if it was intended to be indefinate. That is why you get 30 days and 30 days only. Like I said before- if you make it to discovery, you can ask for verification, but chances are you are going to run into complicated pre-trial motions that end in summary judgment for the Plaintiff. Once again, no production of documents: THEY HAVE A JUDGMENT!

#3- while failure of a consumer to dispute validity is not construed as liability, the notification of debt is not the start of a trial. The summons and complaint starts a trial. If you fail to answer/ dispute the debt at trial... default judgment. Once more, no production of evidence.

#4- I have said it before and I will say it again, I have experiance with debt collection but I am not employeed at Pressler and Pressler. Where I work/ go to school/ beer I drink/ etc. have nothing to do with hard facts. No one is being misled by anything I've ever written (save my mistake about parents not being able to give their children alcohol... which I corrected w/ the insertion of applicable law).

While I truly am sympathetic with certian plights, the simple fact is if you paid your bills, you would not be sued. When you spend money and don't pay it back, and you high-five your buddy over for getting something for free, and then you get sued 5 years later and interest is tacked on, you get upset. What is the thinking there? Where is the reasoning? 9/10 people are deadbeats that think they are getting away with something and then pay the consequences. For the other 10%- those with debts from hidden hospital fees, crippling injuries, or maybe just that guy who tossed the summons and complaint instead of reading and answering it- they get my sympathy, but not the sympathy of the law. A judgment against you means you lost. The plaintiff won, and is afforded relief accordingly. Thats just the way it is.

 

[Lyzzard]

I would love to see the statute that supports your claim. What I am refering to is
[15 USC 1692g]. It says absolutely nothing in there about your time limit being 30 days only. If the only time frame you have is 30 days, common sense woud prevail that subsection (c) would not have been added to the rule. While you may be under the impression that people who are attacked by P&P and their unethical practices are deadbeats who never intended to pay their bills in the first place, then perhaps you should do a little research and see that they continually sue people for debts that were never owed, such as in my case. They have lied to the courts about my address to obtain a false judgement against me. When I checked with the establishment, my bill IS PAID IN FULL! So, if I am a bit passionate about this there will be no apoligies here to anyone. While I see that you appearently pride yourself on seeing the law the way that you want to from a collectors point of view, please don't try to represent it as being one sided. You are presenting these laws in a fashion that makes them to appear to give consumers no rights unless the law has been broken by the debt collector and that is just not the case. Thus, an assumption is made that you have some type of affiliation to P&P.