pressler & pressler

[Jay112266]

Debt Collectors

I wanted to chime in on this very interesting topic. Last night (11/6) a UPN 9 investigative reporter did a very interesting topic on "debt collectors". The story is also posted on YOUTUBE (type in subject Pressler).
For the past year I have been targeted by these so called professionals. Mostly in the form of certified and regular mail. It took some time and some smarts to finally react to these collection attempts. They are at the stage now where they have asked two county courts to execute a wage garnishment through my employer. That's right two counties in Jersey and one being Sussex where I have NEVER resided so don't ask me why they are suing me here. I can understand Bergen because that is where I resided for the past 8 years. When I asked one of their legal experts why Sussex she responded it doesn't make a difference where we ask for a judgment as long as the debt is valid. Okay but how about when you sent the original complaint to an address in Sussex County and I guess after it was returned weeks later did they finally send to my current address. I explained that is probably why I missed my original court date because you sent the complaint to someonelse's address! Obviously speaking with someone who has less law history (I majored in communications) then me was a complete waste of time.
I do have a court date in Bergen Count in December, I don't know what success I will have defending myself against all of these high priced attorneys who make their living chasing bad debts but I'll give it a shot and if anything hope to make a small dent against these blood suckers.
Currently there are 70 complaints aginst P and P through the NJ Division of Consumer Affairs, make it 71.

 

[caipnj]

Current Case In Bergen County With Pressler & Pressler & CAIPNJ

Thank you for all of the great info on this site. I am currently going through a case with the pariah of Pressler & Pressler and you can read it at caipnj.org.

I saw the Brenda Flanagan report the other night, and this is apparently going to be a two part series. If people want to stand up against the puke that is the debt collector, I am putting a rally together on November 28 in Hackensack so please go to caipnj.org and find out details about this and about the current case against these pariah.

We have to change the Notification & Process laws immediately; this is what people should be worried about. And then the hijacking of bank accounts after they get these default judgments; all done without due process. Are the Laws of the State of New Jersey higher on the pedestal than the Constitution? Is every other Amendment not valid in the State of New Jersey?

And why is it so easy for these cretins;
New Jersey; 1:5-3. Proof of Service
http://www.judiciary.state.nj.us/rules/r1-5.htm
"Proof of service of every paper referred to in R. 1:5-1 may be made (1) by an acknowledgment of service, signed by the attorney for a party or signed and acknowledged by the party, or (2) by an affidavit of the person making service, or (3) by a certification of service appended to the paper to be filed and signed by the attorney for the party making service. If service has been made by mail the affidavit or certification shall state that the mailing was to the last known address of the person served. A proof of service made by affidavit or certification shall state the name and address of each attorney served, identifying the party that attorney represents, and the name and address of any pro se party. The proof shall be filed with the court promptly and in any event before action is to be taken on the matter by the court. Where service has been made by registered or certified mail, filing of the return receipt card with the court shall not be required. Failure to make proof of service does not affect the validity of the service, and the court at any time may allow the proof to be amended or supplied unless an injustice would result."

Wait a minute, "unless an injustice would result." What do you call it when an 80 year old woman has her bank account hijacked by these creeps; isn't that an injustice? Or a Single Parent who can not pay their rent because the Bank Employee helped these criminals put a lien on their Bank Account; isn't that an injustice? Going on the word of an Attorney or Law Clerk that they sent documents to someone apparently is proof enough in the State of New Jersey that you were "Served".

California; CODE OF CIVIL PROCEDURE SECTION 116.340
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=00001-01000&file=116.310-116.390
"116.340. (a) Service of the claim and order on the defendant may be made by any one of the following methods: (1) The clerk may cause a copy of the claim and order to be mailed to the defendant by any form of mail providing for a return receipt.
(2) The plaintiff may cause a copy of the claim and order to be delivered to the defendant in person. (3) The plaintiff may cause service of a copy of the claim and order to be made by substituted service as provided in subdivision(a) or (b) of Section 415.20 without the need to attempt personal service on the defendant. For these purposes, substituted service as provided in subdivision (b) of Section 415.20 may be made at the office of the sheriff or marshal who shall deliver a copy of the claim and order to any person authorized by the defendant to receive service, as provided in Section 416.90, who is at least 18 years of age, and thereafter mailing a copy of the claim and order to the defendant's usual mailing address."

So in California, if you can not deliver your Summons to the person that you are suing; the Sheriff or Marshal must try to deliver the documents using "Substituted Service"; not in New Jersey though.

Pennsylvania Rule 403. Service by Mail.
http://www.pacode.com/secure/data/231/chapter400/s403.html
"If a rule of civil procedure authorizes original process to be served by mail, a copy of the process shall be mailed to the defendant by any form of mail requiring a receipt signed by the defendant or his authorized agent. Service is complete upon delivery of the mail.
(1) If the mail is returned with notation by the postal authorities that the defendant refused to accept the mail, the plaintiff shall have the right of service by mailing a copy to the defendant at the same address by ordinary mail with the return address of the sender appearing thereon. Service by ordinary mail is complete if the mail is not returned to the sender within fifteen days after mailing.
(2) If the mail is returned with notation by the postal authorities that it was unclaimed, the plaintiff shall make service by another means pursuant to these rules."

Under subsection (2) the Plaintiff MUST make service by other means and under (1) if the mail is returned to "sender" within 15 days, then the case can not continue.

Connecticut Sec. 24-11. —Further Service of Claim
http://www.jud.ct.gov/Publications/PracticeBook/PB1.pdf#page=252
"If the writ and notice of suit are returned to the court undelivered, the clerk shall issue a further notice setting a new answer date and give that notice to the plaintiff or representative, to beserved by a proper officer or indifferent person upon the defendant in the same manner in which a writ of summons is served in a civil action, not less than 15 nor more than 30 days before the new answer date mentioned in the notice, and make his or her return of service on the writ atleast six days before the answer date. If service is not effected within 120 days from the original answer date, the case may be subject to dismissal. This section shall not apply to service made upon a defendant who is an out-of-state corporation."

In Connecticut, this is the best and most clear definition of what the "Proof of Service" should be. If you do not receive the Summons Notice, they even push the Answer Date off for atleast 120 days; and at that time the case should be dismissed.

Why are the Proof of Service Rules of Procedure in New Jersey so one sided; and ultimately geared toward the Debt Collector & Attorneys who try to intimidate people in to paying for something that they do not owe?

I hope someone can answer that one for me, because I do not think that there is anything that anyone could say to make me understand it; and why hasn't this ever questioned this before?

 

[jrskipman]

About this contact me Have web-sites to help you jrskipman1234@yahoo.com

I wanted to chime in on this very interesting topic. Last night (11/6) a UPN 9 investigative reporter did a very interesting topic on "debt collectors". The story is also posted on YOUTUBE (type in subject Pressler).
For the past year I have been targeted by these so called professionals. Mostly in the form of certified and regular mail. It took some time and some smarts to finally react to these collection attempts. They are at the stage now where they have asked two county courts to execute a wage garnishment through my employer. That's right two counties in Jersey and one being Sussex where I have NEVER resided so don't ask me why they are suing me here. I can understand Bergen because that is where I resided for the past 8 years. When I asked one of their legal experts why Sussex she responded it doesn't make a difference where we ask for a judgment as long as the debt is valid. Okay but how about when you sent the original complaint to an address in Sussex County and I guess after it was returned weeks later did they finally send to my current address. I explained that is probably why I missed my original court date because you sent the complaint to someonelse's address! Obviously speaking with someone who has less law history (I majored in communications) then me was a complete waste of time.
I do have a court date in Bergen Count in December, I don't know what success I will have defending myself against all of these high priced attorneys who make their living chasing bad debts but I'll give it a shot and if anything hope to make a small dent against these blood suckers.
Currently there are 70 complaints aginst P and P through the NJ Division of Consumer Affairs, make it 71.

 

[jrskipman]

you are wrong and you do not know what you are talking about scum bags P&P are going down thanks to the public and www.caipnj.org

 

[jrskipman]

Presser & Pressler AKA New Century Financial

The actual debtor has the right to claim as exempt, i.e., beyond the reach of a creditor to grab under New Jersey law (NJSA 2A:17-19). You simply send a letter to the Court Clerk, with a copy to plaintiff's attorney, saying, "I claim as exempt (insert amount of $1000 or less) funds levied upon in my account at (name of bank) pursuant to NJSA 2A:17-19." It might take a month or more to see the money back in the account, though.

you do not know what you are talking about billybankrupcy AKA P&P everything P&P does is illegal and they are going down stealing from 80 year old woman on social security empty thier bank accounts and filing false law suits

 

[debt_helper]

To the above poster... you clearly have no background in law. The $1000 statutory exemption is a way for people "victimized" by Pressler to keep seized assets, be it cash or real property. He even gave you the code to look up the law. You are correct when you state that social security funds are exempt, but that does not fall within the statutory exemption he was talking about. Additionally, age does not make you exempt from paying your bills. If you owe money, the people that provided you a service are entitled to compensation. That's called civilization. Old people can be sued just like anyone else, and Pressler has the right to do it.

 

[theygotme2]

I feel the absolute need to post so all the VICTIMS of P&P are aware of what happened to me. (Debthelper-any comment or response is not asked for nor welcome). If I go into detail you will be reading for hours, but suffice it to say some of the things (clues) P&P man is giving are true. I was contacted in Feb. 07 about a debt that I paid in full in 01. (not everyone contacted by P&P dont pay their bills-that is insulting and as stated by others the same arrogent attitude) Unfortunately for me, I have records dating back 5 years, no idea who held the credit card I paid with, however went through with contacting P&P on a monthly basis by mail asking for more info. This is where the secret agent man comes in handy and does tell some truths. Because I WAS a trusting person, I sent my letters regular mail, when the court documents came I responded to P&P by regular mail-if I had responded to the court I wouldn't be here-a judgement was already against me that I had no idea about until I ran my credit report--it was too late!!! So, as it stands and after a small attorney fee, I am again paying for something that was paid for 6 years ago. I will tell you ALL-send everything to P&P certified mail return receipt requested & keep copies! Send copies of all correspondence to the court if there is a docket # already there, or go to the court and find the right person to hand it to!!! Don't make the same mistakes I made. My daughters sweet 16, my families Christmas, all of it has been lost to P&P for a truely fraudulent debt with New Century, purchased from household who lost their class action suit for illegal lending practices and I received checks from this suit(long after the 01 payoff)...why would someone who owed money to a company be in a class action suit? Because they PAID their bill!!! I also ask you all go and sign the online petition to Gov. Corzine to investigate P&P, having a Sheldon Pressler sitting on the board that writes cival law & then sending his co. (sorry-LLP (limited liability...wonder why?!!) to enforce these laws-little conflict of interest there?!
I'm sure all of you secret P&P people on here will have wonderful holidays with your bonuses from people who don't know better. Your day of judgement will come. P&P will go down...mark my word, you'll be singing a different tune when your in our positions!!
Jay112266-make that 73

 

[EARLJAM]

bonjovi is correct- you cannot be arrested for not paying a debt. However, you can be arrested for contempt of court, which is what will happen if you do not complete the information subpoena pressler has sent you. Since they have a judgment against you, they are entitled to the information. Additionally, filing complaints with the ABA, FTA, attorney general, etc... all pointless. Listen, Pressler has been dealing with the FDCPA for a long time- and know the law much better then you think you do by simply reading through the FDCPA. If you think you have a legitimate complaint- talk to a lawyer. Can't afford one? Go to legal aid. They will tell you the same thing, you are wrong.
As for that geocities site, do you really think Pressler has never seen those forms before? They can respond to them and make you look like a fool in court. In addition, the judge will see the following:
1. you have a judgment against you.
2. you have not paid your bills, and are still not paying.
3. you are wasting the courts time.
Bottom line- you owed money you didn't pay. This is America. You don't get anything for free. Firms like Pressler are supporting America's economy because they are willing to pay large companies for their debts, thus allowing them to stay in business! Just because Pressler then goes after people like you who won't pay their bills does not make them bad people. Any other questions, I'd be glad to help.

this is probably a employee of pressler and pressler. i have them collecting on a dept that i never had for 5000.00. and they cant provide any contracts or paperwork. just thier word. so debt helper is no help. there is law. and pressler is not the law. they are no different than any othe scam artist

 

[Christie0530]

Pressler And Pressler Time To Fight Back!!!!

I have done alot of research and talked to alot of lawyers and it seems like this company is really getting out of control and taking advantage of alot of us...........so here is goes guys...I am going to tell you what to do and if we all stand together, we have a shot of fighting back.

You need to file a complaint with the attorney generals office:
http://www.attorneygeneral.gov/complaints.aspx

Secondly Sign this Petition for Pressler and Pressler:
http://www.petitiononline.com/caipnjpp/petition.html

Thirdly file a complaing with the Fair Debt Collection, read it and then the complaint form and phone number is at the bottom:
http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre18.shtm

And lastly, file a complaint with the BBB:
www.bbb.org

This is great articles for you to read on whats going on with them:
http://caipnj.blogspot.com/

Trust me, if we all ban together...we can stop this illegal practise. It needs to end....they find out information on people that is illegal and either they have MOLES in the banks working for them or they are hacking into government information!!! They are not getting information legally. For them to put a levy on your bank account is virtually impossible, unless you sent them a check with your account information!!!! We need to stand up for our right.............and I am not saying that if you owe money to a company, you shouldn't pay it......it's the way they are going about doing it............They are taking advantage and the majority of the people they are taking from are people who are not rich and work hard for their money!!!! I hope one day this stops.................

 

[havefaith]

Court Information Subpoena is different from Pressler

This is a copy of the Superior Court of New Jersey Information Subpoena.
I was sent a court date because I had not returned the Information Subpoena from Pressler & Pressler. I thought I was going to have a chance to speak to a Judge but only had to fill in this form. A lot less than the one Pressler & Pressler sent to me.

Docket Number must be provided.

You must answer each question giving complete answers, attaching additional pages if necessary. False or misleading answers may subject you to punishment by the court. However, you need not provide information concerning the income and assests of others living in your household unless you have a financial interest in the assets or income. Be sure to sign and date your answers.

An information Subpoena can not be served more than once within a six-month period without court approval.

Do you receive any of the following, which are exempt from levy? Any levy on disclosed exempt funds may result in monetary penalties including reimbursement of the debtor's out-of-pocket expenses.
Social Securty benefits Amount per month
SSI benefits
Welfare benefits
VA benefits
Unemployment benefits
Workers' compensation benefits
Child support payments

Do you own the property where you reside?
yes no if yes, state the following:
Name of the owner or owners
Date property was purchased
Purchase price
Name and address of mortgage holder
Balance due on mortgage

Do you own any other real estate?
Yes No
Address of property
DAte property was purchased
Purchase price
Nameand address of all owners
Name and address of mortgage holder
Balance due on mortgage
Names and address of all tenants and monthly rental paid by each

Does the present value of your personal prperty, which includes automobiles, furniture, appliances, stocks, bonds, and cash on hand exceed $1,000.
Yes No If the answer is "yes", you must itemize all personal property owned by you.
Cash on hand: $________
Other personal property: (Set forth make, model and serial number. If financed, give name and address of party to whom payments are made).
Item Date Purchased Purchase Price If Financed Balance Present
Still Due Value

Do you own a motor vehicle?
Make, model and year of motor vehicle
If there is a lien on the vehicle, state the name and address of the lienholder and the amouint due to the lienholder
License plate#
Vehicle identification#

Do you own a business?
Yes No If yes state the following:
Name and address of the business
Is the business a Coorporation sole proprietorship or partnership?
The name and address of all stockholders, officers and/or partners
The amount of income received by you from the business during the last twelve months

Set forth all other judgements that you are aware of that have been entered against you and include:
Creditor's name Creditor's attorney Amount due Name of Court Docket#

I hereby certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment.
Date:________________ _______________________________________

 

[Miller71]

no court notice

i have recieved a letter from :dgrin that this is a subpoena from the court for me to list all my property and personal info and send it back to them, failing to do so will result in my arrest and inceration. the problem is the letter was from :dgrin and not from the court, and second there is no debters jail. so i am not going to send them nothing. if i am wrong please feel free to correct me. crm.:angryfire

 

[Paul_Smith]

Jail time

How much time will I have to spend in jail for refusal to fill out the information subpoena? If incarcerated for refusal to fill it out, will I be under arrest and able to have the court appoint me an attorney?

 

[Michael Wechsler]

How much time will I have to spend in jail for refusal to fill out the information subpoena? If incarcerated for refusal to fill it out, will I be under arrest and able to have the court appoint me an attorney?

We have no idea what state you're in or other information. If a court demands that you comply but you choose to disobey the law, you can have many consequences. What will a court appointed attorney do for you? You have no defense and it would just be a waste of more money which you will likely be required to pay. What is your motive?

 

[Paul_Smith]

Sorry about the lack of information. I am from N.J., and have been away for 7 months. My mail goes to my parents house and after reading a stack of letters from Pressler and Pressler, I find they have a default judgment for an old Sears credit card. The final letters are an information subpoena, which asks for some personal info, some of which I don't mind filling out, but some I refuse to.

I don't feel they privy to my drivers license #, are they? They already have a levy on my bank acct as of last week, and they must have most of the personal info they need like soc sec #, but why the DL #, and I have to fill this out or appear by Friday. I know from reading previous responses to this question, the answer is, since they already got the judgment against me, it's to late for me to fight the judgment, and I have to fill the information subpoena out, or I will be locked up.

Can I have the judgment overturned temporarily while I talk to someone in legal aid and try and sort this out? Currently it seems like filing bankruptcy is my only option if I can't.

 

[irielion]

The fight and lots of info on pressler and pressler on facebook: United we stand!

Go to facebook and do a search for pressler and pressler. i thank you all for standing strong against these thug criminals. they are part of gov't and that is why our gov't has done nothing to end this scandal against the american people! my mother has been taken victim but she is fighting it to the bitter end! may she prevail! so far so good!

 

[irielion]

don't give in to these punks. they are in the wrong and are thriving over people giving in to them. check out the pressler and pessler page on facebook.

 

[FraudVictim]

Need Advice!!

More than ten years ago, I was a victim on identity theft. A woman who was a temp at a company I used to work for, stole my social security number and several credit card accounts open in her name with me being co-signer. Anyway, it took me a tremendous amout of time to clear up all of those accounts and thankfully, they all came off of my credit report. Here is the problem - In January, I receive a letter from Pressler stating there is a debt I owe money on for a Mastercard. So of course my first though was what happened to me back in the early 90's with the fraudalent use of my ssn #. Sure enough, I contacted the credit card company that was listed on Pressler's letter and they informed me that the address to where the bills were going to was the SAME person who did this to me years ago. Now, the credit card company did the fraud investigation, determined the account was NOT mine. I contacted the credit bureus who removed this fraud accout from my credit report and also put a fraud alert on them as well. I provided Pressler with all of this information and informed them that the credit card company sent them the paperwork to buy the account back since the debt is NOT MINE. Pressler still continues to call me and I am frightened at this point. I don't know what else I need to do - file a police report with my local department (the woman who did this is in NY so I don't know if they can even do anything at this point). Any advice or help will be greatly appreciated!!!!!

 

[army judge]

Texas requires, should the debtor so indicate, that the lawsuit be filed in the precinct in which the debtor lives. This eliminates, if the debtor is savvy, forum shopping by the scavengers and bottom feeders that thrive in these recycled scraps!


Sent from my iPhone using Tapatalk

 

[budhak0n]

The Grand Poobah

bonjovi is correct- you cannot be arrested for not paying a debt. However, you can be arrested for contempt of court, which is what will happen if you do not complete the information subpoena pressler has sent you. Since they have a judgment against you, they are entitled to the information. Additionally, filing complaints with the ABA, FTA, attorney general, etc... all pointless. Listen, Pressler has been dealing with the FDCPA for a long time- and know the law much better then you think you do by simply reading through the FDCPA. If you think you have a legitimate complaint- talk to a lawyer. Can't afford one? Go to legal aid. They will tell you the same thing, you are wrong.
As for that geocities site, do you really think Pressler has never seen those forms before? They can respond to them and make you look like a fool in court. In addition, the judge will see the following:
1. you have a judgment against you.
2. you have not paid your bills, and are still not paying.
3. you are wasting the courts time.
Bottom line- you owed money you didn't pay. This is America. You don't get anything for free. Firms like Pressler are supporting America's economy because they are willing to pay large companies for their debts, thus allowing them to stay in business! Just because Pressler then goes after people like you who won't pay their bills does not make them bad people. Any other questions, I'd be glad to help.

I'll call the author of THIS post the grand poobah. Where did you get your degree? The matchbook law office of wanker and winkie?

First off, let's examine the "clients" that the party in question claims to represent.

Have they abided by their own responsibilities under common law? Or have they participated in activities which are in direct violation of numerous laws for which we have yet to hold them liable.

You can not simply say your neighbor owes you money and get a judgment etc etc, and the party making the claim must be able to substantiate the basis of their claim.

The Grand Poobah doesn't know the first thing about the law. It's obvious in her dictatorial writing style.

 

[ginaxi]

Fighting Pressler & Pressler

I have an old AT&T Debt and now I have a judgement for $2000 from Pressler & Pressler.
My lawyer "Gennady Litvin" in Brooklyn is actually kicking ass against them. There is a way to vacate the judgement. Just need an attorney who specializes in things like that.