pressler & pressler

[debt_helper]

I have written on the subject of suing on debt which are not owed before- but I will explain again. When any collection agency gets a debt, they buy a portfolio with 1000's of debts. That agency may sell the debts to another agency, then another, and then a law firm will get the debt to sue on it before the SOL expires. Somewhere along the way, you may pay the debt... or the original creditor may delete their files and have no record of you owing the debt. The fact is, once the original creditor sells the debt, they are no longer a party to the action. Confirming that you paid by contacting them, and not the people that own the debt, does not prove anything. If you can, you need the original creditor or intermediate agency that you paid to produce a document with a specific card/account # on it, that says paid in full, and compare that with the account/card # you have been sued on. If they match, you have a shot.

As for a false judgment... I hope you don't plan on saying that in court, because I am sure they would not agree that an order a judge signed that says there is a judgment against you is "false". My guess... you live in NJ and you moved when the summons and complaint was served. Unfortunately, NJ has very lax rules in terms of summons and complaint service, ie. personal service is not required- unreturned certified/regular mail counts as good service. Additionally, the courts effectuate the service (under $10K) in the special civil part of the NJ courts. So your challenge to service is you against the court. Again, not an easy battle. However, obtain the date of service from the summons and complaint (either go to court and get it or request in from Pressler and Pressler), then go to your records and show the court you were not living at that address at the time of the service of the summons and complaint. You must do this in a motion to vacate the judgment. If you have waited a long time since judgment was entered, and you did nothing, and now you are attempting to vacate the judgment- do not expect this to be an easy motion for you to win.

One final note, if you were never served, how were you notified of the judgment?

 

[Delima]

I see many folks saying let's go after them. Do you know if there is an existing class action suit. I have to summons from pressler and pressler and two different plaintiffs. I also notice pressler and pressler as making inquires on my credit report. In Middlesex County it looks like 50% or more of the cases they handle in the civil part is from this firm. I don't think they can be stopped since they are what is keeping the courts busy.

 

[Delima]

One of my complaints is for a Bally's contrract back from 12/2001. I cancelled April 2002 over the phone with them saying no problem. In Apil 2005 I begin to get notices from Pressler and Pressler. I was in the Miliary for the last 4 years. My mom advised them of this. They didn't care and proceeded with a law suit. Now I have to spend time going back and forth with the courts to not only show that I was defending our country but to defend my rights under the sailors act. This firm needs to be stopped before it's real ugly.

 

[debt_helper]

They better care! One of the things you need to submit to the court to get a judgment is an affidavit of non-military service. If you were enlisted at the time of service, they cannot get a judgment against you. We need more info to help you though- do they have a judgment? When is it from? Before you went into the service? Were you served when you were off active duty? Did you answer the summons and complaint? Unfortunatly, Bally's is notorious for their vague and extended contracts (there is a class action against them in CA). Next time, you need to get something in writing! Orally stipulating a desire to terminate a contract is not gonna help you in court. No documentation= no proof= you get screwed.

 

[Fayth]

Trick... Any payment will re-start SOL

Unfortunatly you have a problem with balleys. They are in a class action suit in California for bad business practices with lots of extend contracts. Good news is, if they lose, your case will be dismissed. Bad news is, until then the judgment against you is valid. Worse news is, this case is not about to end anytime soon...
Remember now though, you didn't pay your bill and now you have to face the music. Even if you do get arrested on contempt of court for not completeing the information subpoena, all they will make you do is fill it out and then you go home. Its not like you are going to serve life in prison. You won't even make it to a cell. In fact, if you just send it to Pressler- you will never see a cop...
You really need to just get on a payment plan with them before they contact your job to take money from your paycheck, or empty your bank account. What's more, if they have to take the money from you instead of you going on a plan, you end up oweing more because a court officer is entitled to 10% of the judgment against you- and Pressler is not paying that, you are... ON TOP of what you owe Pressler...
So fill out the information subpoena (without lying or skipping anything unless you want to get arrested over this stupid thing), call them, and pay.

Unfortunately, promising to pay any amt to P & P, etc. will negate the statute of limitations already in place on a time barred debt. The time they have to sue you then starts all over. Also, once the debt is charged off it will not help your credit to pay it back. A charge off stays on one's credit report for 7 years. After that it is supposed to be removed.

 

[Dondada]

Debt helper, I got a letter in the mail stating that I was being sued by Pressler & Pressler from a credit card company that was not my debt. (I know everybody says it's not my debt) But Pressler and Pressler had all the wrong info on me. (Wrong first name, wrong social security number, wrong address, wrong date of birth) In fact the only thing tying me to this debt was a very common last name. When I went to court to defend myself the Pressler attorney was given more time to prepare his case and the judge instructed him he better have more evidence on the next court date which was 2 months later.

In the meantime, I collected my own evidence. I found out the address that Pressler had for me was a previous old abandoned warehouse and had been the center for a big fraud ring since shut down by the FBI. My court date was on May 23 and I was excited to stand before the judge and present my case pro se. However when I got there the judge said judgement had been entered already. Apparently I never answered the interrogitories and they got a judgement against me without even going to trail. I had AAA credit and was in the middle of buying my 5th real estate property and decided to just pay the $1693 amount because it wasn't worth the time. However this thing is showing up on my credit report and making it impossible to acquire rates I used to get with ease. Those Pressler guys play dirty but they win by taking advantage of the layman's ignorance of the law. I am not mad at them I just want to go on with my life at this time without having this black cloud over my head. Is there anything I can do to wipe this judgement off my credit report???????????

 

[KerryMc]

Pressler & Pressler = Dumb and Dumber!

OMG! I'm having the Problems with these jerks too! They call at all hours, I say, "you have the wrong number, try switchboard.com for reverse info and stop calling here!" They say, "You're a liar, we've never called before!" Any info that anyone has on getting these jerks to stop calling would be appreciated!!!!

 

[LadyJustice]

Hi Kerry,
I could think of worse to call Pressler and Pressler but you can't curse here. Anyhow the first thing I would do is contact a Legal Aid Group like NYLag if you can't afford a lawyer. Kerry you need to fax them a letter in writing demanding they not call you and only contact you in writing and until they validate any debt they have to by law stop calling you. I could go on and on about them but I am in the process of taking care of these scumb*&(gs myself. Do not be afraid of them, they are just thugs.

 

[LadyJustice]

this is a form letter you should fax them to validate the debt and stop them from calling you. After you fax this if they call you, you can SUE! Yay



Your Name
123 Your Street Address
Your City, ST 01234

ABC Collections
123 NotOnYourLife Ave
Chicago, IL

Date:

Re: Acct # XXXX-XXXX-XXXX-XXXX

To Whom It May Concern:

This letter is being sent to you in response to a notice sent to me on September 30, 2002). Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.

This is NOT a request for "verification" or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you.

Please provide me with the following:

# What the money you say I owe is for;
# Explain and show me how you calculated what you say I owe;
# Provide me with copies of any papers that show I agreed to pay what you say I owe;
# Provide a verification or copy of any judgment if applicable;
# Identify the original creditor;
# Prove the Statute of Limitations has not expired on this account
# Show me that you are licensed to collect in my state
# Provide me with your license numbers and Registered Agent

At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureau's (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you for the following:

* Violation of the Fair Credit Reporting Act
* Violation of the Fair Debt Collection Practices Act
* Defamation of Character

If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist.

Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.

If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.

I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS.

It would be advisable that you assure that your records are in order before I am forced to take legal action. This is an attempt to correct your records, any information obtained shall be used for that purpose.

Best Regards,

Your Signature

 

[dgadgetk]

You mean I'm not the ONLY one?? hehe. I just got hit with a Levy on my acct that cleaned it out. before this the only documentation i have rec'd ws a questionaire that i returned, in May 2007; under threat of arrest if I failed to return it. Then i go to pay bills , to find an empty acct.. ... I am learnig more about what I may be able to do; one recomendation is to request a copy of the Original Contract. In my case, its for a credit card I dont think I had & may have been already closed. . If they have bought a Dead or Void claim , 3rd or 4th hand... where is the legality ??

 

[LadyJustice]

DebtHelper sounds like he works for Pressler and Pressler

I have read some of the post on here and I want to inform you that Mr. DebtHelper is full of you know what. You have every LEGAL right to request validation of a debt from Pressler and Pressler and they have to by law provide it to show you they legally own the debt. If they don't validate the debt then Pressler and Pressler is just spewing a heck of a lot of hot air and they have no legal authority to take any action regarding the alleged debt you own them and if they do just sue. Pay for a lawyer, get one pro bono or contact the Legal Aid office(they fight for the little guys like you and me.)

Think for a second. For ex. If a bum on the street, a stranger goes up to you and tells you that you owe them a $1,000.00 would you pay the bum. No of course not why would you do something so stupid. Well think of that bum as Pressler and Pressler. They have to validate the debt, it is the LAW. I know some of you might live in New Jersey better know as the corrupt state but don't let these thugs known as Pressler and Pressler scare you. As far as Bally's goes don't be afraid of them most of the contracts the public has with them can be terminated for non-performance by Bally's such as hazardous/filthy public health violations etc. you get the drift. Also the contracts you sign with Bally's are unconscionable.

 

[LadyJustice]

dgadgetk, some more info for you, hope it helps.

tried to email you through this website not sure if it worked. Here goes. You filled out a form and sent them personal info because they threathened you with jail. You never should have filled the form sent it back. If you have that in writing that they threathened to arrest you that is very good for you, they have just violated the FDCPA and a number of other laws. go along with their little game and keep saying that you deny this ALLEGED debt whether in writing or talking always reffered to it as "alleged debt" because the truth is they haven't given you any proof you owe them money.

One more thing they have to notify you prior to freezing your account which they didn't do.:no: Theycan't just freeze your account willy nilly.

 

[The_Girl]

Judgement/Lein HELP!?!

Hi - I'm hoping someone can help me....

I received a letter from the Superior Court of NJ Special Civil Part advising me that I have a Judgement against me & that the Plaintiff was New Century Finance. This letter went to an old address. I figured it was for an old credit card but not 100% sure. Anyway, I freaked out and made a payment plan with the court. I just mailed the final payment. I received a letter from the DMV saying that Pressler & Pressler put a lein on the car that I am financing - the letter was dated for a few days before I sent the payment, but since they are still mailing to the old address, I received it after. I don't know what to do. How on earth can I overturn the judgement and get the judgement and the lein off of my credit report? Getting my $ back would also be lovely...

Please help!
Thanks!

 

[tammuzi]

Hello everyone, my name is tammuzi. I am here to help us defeat the debt collection racket... it is all a fraud. These people are criminals. You could get a lawyer to defeat them, but for those of us who can not afford one, it is best if we learn some simple rules of the court. I suggest that you all google "richard cornforth". He has taught us how to take these demons down. Good news "the girl" you can get that judgment vacated. I know how and i will walk you through it all... you can email me at tammuzi9@yahoo.com

 

[jlsintl]

Can anyone explain to me why Pressler and Pressler would act on my behalf and pull my credit report? I never authorized them to pull my credit report ever, and I owe no one. All my bills are paid in full, and I have an excellent credit score. I immediately contacted my attorney who filed a complaint with the FTC who then responded with this notice...

"Thank you for contacting the Federal Trade Commission. We entered the information you provided into our shared law enforcement data base. We share this data base with Federal, State and Local law enforcement agencies. The FCRA provides that any person who knowingly and willfully obtains information on a consumer from a consumer reporting agency under false pretenses shall be fined, imprisoned for not more than 2 years, or both. Authority to bring criminal action for violation resides solely in the U.S. Department of Justice, not the Federal Trade Commission."

I immediately filed another complaint with the U.S. Department of Justice and am in correspondance with them. One CRA informed me that it could be due to the fact that my father and I have the same name, however, I really could'nt care less about any "error", they had no authorization to pull my credit report, and I am going to persue this matter as far and as long as I need to.

 

[debt_helper]

tried to email you through this website not sure if it worked. Here goes. You filled out a form and sent them personal info because they threathened you with jail. You never should have filled the form sent it back. If you have that in writing that they threathened to arrest you that is very good for you, they have just violated the FDCPA and a number of other laws. go along with their little game and keep saying that you deny this ALLEGED debt whether in writing or talking always reffered to it as "alleged debt" because the truth is they haven't given you any proof you owe them money.

One more thing they have to notify you prior to freezing your account which they didn't do.:no: Theycan't just freeze your account willy nilly.

LadyJustice... you clearly have no idea what you are talking about, and are giving VERY dangerous advice here. If Pressler sent you an information subpoena, they have a JUDGMENT against you. They are legally entitled to all your personal information... BY THE COURT AND THE LAW. Failure to provide this information is a violation of the law, AND AN ORDER FOR YOUR ARREST WILL BE GRANTED. This is not some illegal threat. The one correct thing in the above post is that they cannot freeze your account willy nilly. However, if they have a judgment against you then a notification of judgment and a notification of execution has probably been sent to you. If you get either of these documents, or you get nothing and see your account is frozen, you have options. Object to the court and explain your case... it will not vacate the judgment, but it may stop the bank levy. Then make a motion to vacate the judgment to explain what happened... I have written all this before, but it seems like people would rather take shots at my advice and get reemed in court then actually follow what I say and have a shot. Oh well, good luck to you all... my credit is just fine.

 

[Christie0530]

So I get up in the morning to check my bank account to see if my rent check had cleared and to my surprise I had a levy put on my bank account from a company called Pressler and Pressler. I called the office several times (which I have recorded conversations) to try and find out what this is all about and they were nothing but rude and ignorant. They would NOT give me any information, just kept saying that it was their money now and there is nothing I can do about it. I pulled my credit report to see what was going on and there was a judgment entered under a name of New Century Financial, With Pressler and Pressler as the lawyers. Who the heck is New Century Financial and why do I have a judgment entered against me? Can not get any information.

I started to look up the names Pressler and Pressler and New Century Financial and not to my surprise they are being reported as a fraud company!!! How can they freeze my account?? I am beside myself with this and do not know what to do. I have called several times and asked for documentation on what this is about and they told me they do not have to prove anything to me. That they can do what ever they want. I have recorded the conversations and I can not believe how they speak....so unprofessional. Any suggestions? Any help would be great. I do not want to lose my place where I live and I do not want them to take MY MONEY that does not belong to them!!!! Who do I need to contact, any and all info will help, you can email me at angel182830@aol.com
Thank you!!!!!!!!!!!!

 

[debt_helper]

You need to file an objection with the court. They have levied your account, but they need to make a seperate motion to turnover the funds (a motion for turnover!). If you think you have a legitimate claim as to why you don't owe anything, file a motion to vacate the judgment as well. New Century Financial is a debt purchasing company that own a debt you accumulated in the past... maybe a cell phone, gym membership, macys... the list of possibilities is endless. Pressler is under no obligation to provide you with any documentation because there is a judgment against you. You can read what everyone else says, but they are wrong and that is the truth- NO OBLIGATION TO VERIFY POST JUDGMENT DEBT! If you call them back, be friendly, ask what the debt is from- they will probably read their infomation to you... but if you start making demands (especially ones that have no merit) don't expect to get anywhere.

 

[LadyJustice]

DebtHelper you clearly have no idea what you are talking about and DEBTHELPER works for Pressler and Pressler. Pressler and Pressler is NOT legally entitled to your information. If you get anything from them immediately contact a lawyer pro bono if you have to.

If you knew anything about FEDERAL PRIVACY LAWS Debt Helper you would know they are not legally entitled to your private information. Maybe you should go back to kindergarten and learn the abc's. Yes it is an illegal threat because the Judge and Clerks are aiding and abbetting the criminal activity of Pressler and Pressler in New Jersey aka Palisades Collection Acency LLC aka Asta Funding. Palisades Collections Agency and Pressler and Pressler are one and the same entity which means they are operating illegally in the first place and would not even be in business if it wasn't for the massive corruption in New Jersey.

 

[debt_helper]

DebtHelper you clearly have no idea what you are talking about and DEBTHELPER works for Pressler and Pressler. Pressler and Pressler is NOT legally entitled to your information. If you get anything from them immediately contact a lawyer pro bono if you have to.

If you knew anything about FEDERAL PRIVACY LAWS Debt Helper you would know they are not legally entitled to your private information. Maybe you should go back to kindergarten and learn the abc's. Yes it is an illegal threat because the Judge and Clerks are aiding and abbetting the criminal activity of Pressler and Pressler in New Jersey aka Palisades Collection Acency LLC aka Asta Funding. Palisades Collections Agency and Pressler and Pressler are one and the same entity which means they are operating illegally in the first place and would not even be in business if it wasn't for the massive corruption in New Jersey.

#1- After Pressler gets a judgment against you, as judgment creditors they ARE legally entitled to all your personal information. Don't believe me?... after they send you an information subpoena, object and go to court. They will put you in jail for contempt for not providing the information, and only release you one you have. That is just reality. PLEASE READ THIS- POST-JUDGMENT THEY ARE ENTITLED TO YOUR INFORMATION. I have never claimed differently. Of course when they sue you or initially contact you they are not entitled to anything. But after they get their judgment... yes they are.

#2- Telling someone an order for their arrest will be issued for failure to respond to an information subpoena is not a threat... it is reality. In fact, they HAVE TO ADVISE YOU OF THE ADVERSE CONSEQUENCES OF FAILING TO COMPLY WITH A INFORMATION SUBPOENA. If you chose to ignore the subpoena, the order for your arrest will be granted. With that order, they can get a warrent for your arrest. Telling the police 'LadyJustice' said I didn't have to fill it out will not stop them from taking you to jail. Once again, you will only be released once you provide your information.

#3- Your allegations that the clerks and judges are 'aiding and abbetting' Pressler are unfounded and meritless. If anything was illegal, they would not be in operation. Enough people are as upset with them as you that agencies and regulators outside the state of NJ are aware of how Pressler operates... yet they continue. If your claim extends as far as the ABA, and the FTC... then I don't know what to tell you. Guess they paid off everyone.

#4- Pressler and Pressler is not Palisades Collection Acency LLC or Asta. Palisades and Asta are debt purchasing/collection companies... Pressler is a law firm hired by the debt owners to sue you. They are debt collectors in their own right because they can take payment... but they do not own the debt which they are sueing you for... that would be illegal.

How's that for ABC's... do not insult me, all I speak is the truth.