Pressler And Pressler
7 Entin Road
Parsippany New Jersey 07054
U.S.A.
|
- Phone: 973-753-5100
- Web:
- Category: Lawyers
|
Pressler And Pressler wage execution order on me for a secure credit card, refusing to provide documents Parsippany New Jersey
1Author
3Consumer
0Employee/Owner
Pressler And Pressler sent me two letters to collect over $2000.00 on a Capital One secure credit card. I ask for documents and they refused, I was ordered to appear to Sussex county court. I showed up expecting to fight this, but they did not show up. Some how they manage to get Bergen county to order a wage Execution at my job.
I have ask for documents containing to this credit card. Pressler And Pressler Gerard J Felt states it's a done deal and There is nothibg I can do about this.
This secured credit card is based on how much money I put in and that money is what my limit was.I used my limit which is what I put into this card. I have not used it since 2005 and now because of monthly charges, annual charge and lack of payments to the above charges. They want me to pay for this. If I have not used this card since 2005 how can they carge me for monthly fees, annual fees and non-payment.
I have since contacted Capital One demanding documents on this account and I am told I need to get it from Pressler And Pressler and or Track America. Two weeks later I still can not get those documents nor will Pressler And Pressler respond to my certified mail letter requesting a stop on the wage execution and providing me a itemized copy on this card and all paper having to do with this account.
What happen to due process, my rights to fight this in court or to see the documents that connect me to this account.
Danny
VERNON, New Jersey
U.S.A.
Click Here to read other Ripoff Reports on Pressler And Pressler
REBUTTALS & REPLIES:
1Author
3Consumer
0Employee/Owner
Updates & Rebuttals
#1 Consumer Suggestion
AUTHOR: Stop3rdpartydebtcollectors - Linden (U.S.A.)
SUBMITTED: Monday, October 27, 2008
POSTED: Monday, October 27, 2008
you have to file a motion with the court stating the dc-number
they secured the wage execution/summery judgement against you
to stop the wage execution and summery judgement
pressler will not do it unless the court orders them to.
go here for info
http://www.geocities.com/presslerclub/http://www.geocities.com/presslerclub/
the motion will be heard in cout ask for oral argument..
they will be notified of the date as well as you..
it takes time..sometimes months for the court to hear your motion..
when its heard INSIST on their Proofs that they are the current owner of the account...these are
The Original contract!!
All Deeds of transfer between parties!!
From The Original Creditor to Them!!
WITH "YOUR" "SPECIFIC ACCOUNT NUMBER" AND INFORMATION ON IT!
THE LAST "BILLING" STATEMENT FROM THE ORIGINAL CREDITOR!!
---------------------
NOT THEIR "Certification" from their own computer system!!
Its not a done deal!!
He is lying...Big surprise...
just the fact that they didn't show up..means you should have won the case..
Several "courts" in Jersey cosign their requests for summery judgement without
even reviewing the documents!
You Should have filed an answer prior to your court date..if you didn't do this
they gain a foothole in their case..
you need to also file a report with the attorney generals office..
complaining of the fact that you were not allowed your due process..
If there is a judgment against you, you will have to challenge this through a motion to show proof of claim. If they have not bought the judge (it may also be a corrupt law clerk,) the case should be dismissed, lest Pressler coughs up the contract.
Not only is the judgment void without the contract, New Century has no standing to sue! If the judge does not dismiss, you must file a collateral action for declaratory relief, naming the judge as well.
stoppresslerandpressler@yahoo.com
Collection Agencies Illegal Practices ~ New Jersey
http://caipnj.blogspot.com/
CAIPNJ Fax Line! 201-587-1727
Send Us Your Documents!
NEW CAIPNJ PO BOX!
CAIPNJ c/o SJ Mills
Box 8371
Saddle Brook, NJ 07663
SIGN THE PETITION !!
Petition To Governor Corzine To Investigate The Fraudelant Activities Of Pressler & Pressler, LLP
http://www.petitiononline.com/caipnjpp/petition.html
#2 Consumer Suggestion
AUTHOR: Tim - Grand Haven (U.S.A.)
SUBMITTED: Thursday, October 30, 2008
POSTED: Thursday, October 30, 2008
Actually, a motion to show cause/fault will not do a damn thing for you at this point. PLEASE ignore the advice in the previous rebuttal.
I can read between the lines well enough to tell that, somehow, they received a default judgment against you.
What you need to do now is to file a motion to have the default judgment set aside. Usually there is a one year time limit for this. I can't speak as to New Jersey law, but I do know the majority rule regarding these motions. Generally, you must show "good cause" for failing to meet the requirement that resulted in the default and file an affidavit of meritorious defense.
Your best option is certainly to hire a lawyer, because this a highly complicated procedural issue. However, as a bit of a hint, your "good cause" argument would be based in a procedural error that made you go to the wrong court. Your meritorious defense would be that the account was secured and, therefore, the creditor is limited to a judgment equivalent to the value of the security interest.
I hope this makes sense to you. I know I'm throwing out a lot of "legalese" here. If you have any questions, please rebuttal and I will respond ASAP.
#3 Consumer Comment
AUTHOR: Ckwilliams - New York (U.S.A.)
SUBMITTED: Sunday, November 23, 2008
POSTED: Sunday, November 23, 2008
It's very simple.
1) go to the clerk's office
2) file a motion to vacate based on insufficient service
3) on the motion to vacate form do not write "you owe the debt"...instead write you are requesting that Pressler 'validate' the amount they say you owe AND that you do not have any knowledge of owing them any money for the amount they say you owe. do not admit any wrong doing. the burden of proof is on them. DO NOT CALL THEM ANYMORE!! Instead, send a certified letter requesting proof of debt owed (you can google any number of sites and get a debt validation letter...this should be done after you go to the court house and as a backup measure for your case to prove that they can not provide information that they owe the debt)
4) contact the credit bureaus. call and request that they investigate the matter. they are required by law to contact the collection agency and the agency must provide proof.
5) the burden of proof is on the plaintiff. you do not have to provide any information at this time. they HAVE to provide you with information that you owe what you say you owe and that they have the right to try collect any debt.
6) once the legal proceeding has started (i.e. you've filed the motion and set up a date) then go about collecting all paper work. they have to show you the paper trail of the original debt and how it ende dup on their desk. they can not provide computer generated reports from their office. they have to show original documents.
My assumption is that they can not provide any information to you. (sidenote, these people are swine and i still do not know how they are out here allowed to falsely collect debts)...
