• Report: #225593

Complaint Review: Midland Funding Llc And Pressler And Pressler, Llp

  • Submitted: Fri, December 15, 2006
  • Updated: Thu, June 21, 2007

  • Reported By:manchester New Jersey
Midland Funding Llc And Pressler And Pressler, Llp
16 Wing Drive Cedar Knolls, New Jersey U.S.A.
  • Phone: 516-222-7929
  • Web:
  • Category: Lawyers

Midland Funding Llc And Pressler And Pressler, Llp Pressler and pressler llc is suing me for $1586.23 for a visa aspire account that was supposedly sent to midland funding for collection which I never recieved anything from this midland funding! Ripoff Cedar Knolls New Jersey

*Consumer Comment: I might have good advice for you.

*Author of original report: What does all this mean!!!

*Consumer Suggestion: Kristina

*Author of original report: to: j ohio

*Author of original report: to: j ohio

*Consumer Suggestion: Kristina

*Author of original report: Ok everyone I have been summoned!

*Consumer Suggestion: What my mother did in this situation

*Consumer Suggestion: What my mother did in this situation

*Consumer Suggestion: What my mother did in this situation

*Consumer Suggestion: What you need to do

*Consumer Suggestion: Kristina, i was very specific, as always.

*Consumer Suggestion: Kristina, i was very specific, as always.

*Consumer Suggestion: Kristina, i was very specific, as always.

*Consumer Suggestion: Kristina, i was very specific, as always.

*Author of original report: pressler and pressler nj

*Author of original report: pressler and pressler nj

*Consumer Suggestion: The letter was good up until this point

*Consumer Suggestion: Kristina, that letter you wrote REAFFIRMED the debt!

*Author of original report: aspire visa and pressler and pressler llc.

*Author of original report: I have contacted visa-aspire!

*Consumer Suggestion: Kristina, you just made your situation worse!

*Consumer Suggestion: Kristina, you just made your situation worse!

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I just called pressler and pressler to find out what I have to do and they said I need to pay this debt off in full. I told them that I can't do that I am on permanent disability. I set up a payment arrangement with them of $50 a month begining january 07'.

They said they will still be sending me a summons in the mail even though I have made payment arrangements. I also told them that I sent visa aspire two payments two years ago and never recieved anything in return, and let the women know that I also never recieved anything in the mail from this Midland funding!

I also let her know that I have been trying to get in contact with visa aspire and couldn't because I didn't have an account number. I actually have reciepts of payments that I made and would like to know why I never got any return mail. Please someone help me...I am trying to clear up my credit.

Kristina
manchester, New Jersey
U.S.A.

This report was posted on Ripoff Report on 12/15/2006 12:38 PM and is a permanent record located here: http://www.ripoffreport.com/r/Midland-Funding-Llc-And-Pressler-And-Pressler-Llp/Cedar-Knolls-New-Jersey-07927/Midland-Funding-Llc-And-Pressler-And-Pressler-Llp-Pressler-and-pressler-llc-is-suing-me-f-225593. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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#1 Consumer Comment

I might have good advice for you.

AUTHOR: Linda - (U.S.A.)

I was trying to do research myself to see if Pressler and Pressler are licensed to even collect debts, because you need a license to do this otherwise Pressler and Pressler are operating illegally and have no legal authority to take your money. The same goes for Midland LLC Whatever they are called.

Don't panic. If you mostly have disability income, I am 99.9% sure it is exempt from collections under Federal Law. Google "Claim Exemption Form" or Claim Exemption Letter.

If you need to contact a Legal Aid in your state, they are lawyers who fight for the good guys. Pressler and Midland are thugs that prey on your emotions and try to scare you.

Wish you well.
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#2 Author of original report

What does all this mean!!!

AUTHOR: Kristina - (U.S.A.)

I am so confused what does all of this mean?! Your using terms I have never heard of, I have asked for the certain items that I was supposed to ask for and the only thing they sent me was something stating that they got this account from this so called midland funding which really doesn't prove anything cause all it is is a piece of paper and they said they don't have to give me proof that they are allowed to do what they do in my state and they wouldn't give me anything else! I just don't know what else to do!
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#3 Consumer Suggestion

Kristina

AUTHOR: J - (U.S.A.)

Sorry, I mixed up posts and replies.

first I'm not an attorney, so this isn't legal advice or should you not take it at such.

Depending how old this debt is, from the original creditor, is how you answer a summons. A debt that is still within the statute of limitation, is much harder to beat.(6 years)

Derek advice seemed o'k on what he did.

It would be much easier for you to go to collection agency and read the post and replies for John in St.Pete, Florida.

generally there are 4 steps.

1) validation
2) sworn denial
3) discovery, questions, and admisions.
4) court

within or in between each step you can file motions. if one is needed,

google new jersey rules of civil law, this should help.

a debt that is still within the SOL, you need to challenge, everything, contracts, assignment of the debt, witnesses, what was paid for the debt.

a lot of collection agencies walk into court with sworn affidavit of account. you must get that eliminated, that's where a sworn denial comes in.

I'm not telling you what to do, just trying to point you in the right direction.

Laws and rules are different in every state, so you need to read up on yours. In a civil case your not allowed a PD. and trying to fine one that's affordable, you can't.

try legal aid in you city or state.

for some reason, information posted on a different window here on rip off report gives alot more information, you should try those.
collection agency
collection agencies

sorry, I can't be of more help
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#4 Author of original report

to: j ohio

AUTHOR: Kristina - (U.S.A.)

no i heard from pressler and pressler llc in dec. wanting to do a payment plan and when they told me that they were still gonna summons me even though i was paying off this debt i said forget it! I just got the summons in the mail. Go back and read everything from the begining of this report. I don't know what to do, I don't have the money for this why do they do this to people?!
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#5 Author of original report

to: j ohio

AUTHOR: Kristina - (U.S.A.)

no i heard from pressler and pressler llc in dec. wanting to do a payment plan and when they told me that they were still gonna summons me even though i was paying off this debt i said forget it! I just got the summons in the mail. Go back and read everything from the begining of this report. I don't know what to do, I don't have the money for this why do they do this to people?!
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#6 Consumer Suggestion

Kristina

AUTHOR: J - (U.S.A.)

The letter you wrote to the original creditor will end up in the lawyers hand.

here on rip off reports go to collection agency's and collection agencies ( 2 different areas) read some of the posts there it might help you.

you got served a summons after you heard from the credit card company?
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#7 Author of original report

Ok everyone I have been summoned!

AUTHOR: Kristina - (U.S.A.)

OK I am the women who originally wrote this report and I just now recieved a summons in the mail, now what the heck do I do I can't afford this right now! I can't afford a laywer, or a public defender! Can anyone please help me?!
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#8 Consumer Suggestion

What my mother did in this situation

AUTHOR: Brandy - (U.S.A.)

Hi ok so last year my mom had to file for bankruptcy do to my dad breaking his back. First don't file for bankruptcy. My mom and dads only source of income was his disability so they saw an attorney. This is what the attorney said to do. Apperantly in several states social security and disability can not be garnished for credit card debts. most people don't know this because these collectors don't want you to know. Find out what is is in your state. They also can not send you to jail or take your personal belongings on a credit card debt. If they try call the police and tell them you have trespassers trying to steal your belongings only secured debts can be repoed.

Now close your checking and savings accounts . My parents had already filed their papers an dhad to go through with it to keep their home becuase of the mortgage. But their attorny said had it not been for that they would not have had to file becuase even if they got a judgment inform the court your only income is disabilty it can not be garnished at least thats what the court told mom and dad when they had their trustee meating. so make sure the judge knows you have no garnishable income and even though they have a judgement and will harras you to death they cant take anything from you unless you get a job latter on.

Also there are laws that can stop you from being harrased if it causes you undo mental suffering or duress and you can sue them in civil court or file chapter 7 and the debt is probably going to be dismissed anyway and the stay order will protect you from harrasment. I am not a lawyor but i was there when my mom and dad filed and that is what their attornay said to do and it worked. ps if you do this it does not matter if you reaffirmed the debt in chapter 7 they will not be allowed to contact you and if you dont file like i said most states they cant garnish disability idf its your only income
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#9 Consumer Suggestion

What my mother did in this situation

AUTHOR: Brandy - (U.S.A.)

Hi ok so last year my mom had to file for bankruptcy do to my dad breaking his back. First don't file for bankruptcy. My mom and dads only source of income was his disability so they saw an attorney. This is what the attorney said to do. Apperantly in several states social security and disability can not be garnished for credit card debts. most people don't know this because these collectors don't want you to know. Find out what is is in your state. They also can not send you to jail or take your personal belongings on a credit card debt. If they try call the police and tell them you have trespassers trying to steal your belongings only secured debts can be repoed.

Now close your checking and savings accounts . My parents had already filed their papers an dhad to go through with it to keep their home becuase of the mortgage. But their attorny said had it not been for that they would not have had to file becuase even if they got a judgment inform the court your only income is disabilty it can not be garnished at least thats what the court told mom and dad when they had their trustee meating. so make sure the judge knows you have no garnishable income and even though they have a judgement and will harras you to death they cant take anything from you unless you get a job latter on.

Also there are laws that can stop you from being harrased if it causes you undo mental suffering or duress and you can sue them in civil court or file chapter 7 and the debt is probably going to be dismissed anyway and the stay order will protect you from harrasment. I am not a lawyor but i was there when my mom and dad filed and that is what their attornay said to do and it worked. ps if you do this it does not matter if you reaffirmed the debt in chapter 7 they will not be allowed to contact you and if you dont file like i said most states they cant garnish disability idf its your only income
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#10 Consumer Suggestion

What my mother did in this situation

AUTHOR: Brandy - (U.S.A.)

Hi ok so last year my mom had to file for bankruptcy do to my dad breaking his back. First don't file for bankruptcy. My mom and dads only source of income was his disability so they saw an attorney. This is what the attorney said to do. Apperantly in several states social security and disability can not be garnished for credit card debts. most people don't know this because these collectors don't want you to know. Find out what is is in your state. They also can not send you to jail or take your personal belongings on a credit card debt. If they try call the police and tell them you have trespassers trying to steal your belongings only secured debts can be repoed.

Now close your checking and savings accounts . My parents had already filed their papers an dhad to go through with it to keep their home becuase of the mortgage. But their attorny said had it not been for that they would not have had to file becuase even if they got a judgment inform the court your only income is disabilty it can not be garnished at least thats what the court told mom and dad when they had their trustee meating. so make sure the judge knows you have no garnishable income and even though they have a judgement and will harras you to death they cant take anything from you unless you get a job latter on.

Also there are laws that can stop you from being harrased if it causes you undo mental suffering or duress and you can sue them in civil court or file chapter 7 and the debt is probably going to be dismissed anyway and the stay order will protect you from harrasment. I am not a lawyor but i was there when my mom and dad filed and that is what their attornay said to do and it worked. ps if you do this it does not matter if you reaffirmed the debt in chapter 7 they will not be allowed to contact you and if you dont file like i said most states they cant garnish disability idf its your only income
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#11 Consumer Suggestion

What you need to do

AUTHOR: Derek - (U.S.A.)

IF you made payment arrrangement with P&P and have been sent a notice of judgment: I would suggest sending a certification to the courts in reply to the notice. That you have proof

1) they bought debt from another collection agency

2) payment arrangements were made(even if you dont have it in writing from P&P, write a specific detail statement date/time, who you spoke too etc)

3) Send a copy of a agreement to P&P that they must acknowledge the specific account number in a letter to all 3 credit reporting agencies with 30 days of account being paid off.

I did not do any of this and got a judgment passed against me even though I was making payments. Then since had copy of a deal in writing, P&P claimed no deal and tried to garnish my pay. In the end, I paid off account and P&P refused to give me a letter with specific credit card account for credit reporting agencies, just their file number. THIS IS FRAUD.

I am now fighting to void judgment since it was illegal as P&P did not have proof. I did the same thing you did. Learned P&P have judges ear and even if you do right thing and fight for your rights they are still ignored even after paying off account. Does that tell you who is calling the shots?
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#12 Consumer Suggestion

Kristina, i was very specific, as always.

AUTHOR: Steve [Not A Lawyer] - (U.S.A.)

Kristina,

A DEBT VALIDATION request is just that. Your are REQUESTING validation from them. This is a dispute. You are challenging them. That is the purpose. When you acknowledged te debt and discussed payment arrangements, that defeated everything. They will most likely sue you now, and there really is not much you can do at this point.

The people that Aspire Visa sold/transferred the original debt to are just one in a string of collectors/junk debt buyers. NEVER contact an original creditor!! NEVER!! And NEVER speak to ANY collector on the phone! NEVER!!

At this point, the damage is done. Lay low. Change your phone# to an unlisted one and cut off all contact with them. Leave mail unopened and mark it as not at this address and drop in the big blue mailbox.

It is very important to read EXACTLY what someone says, and to respond EXACTLY in the way described. Attention to detail is critical. It seems as if you are very impulsive. This is very dangerous when dealing with parasites like this.

The only thing you have in your favor is that your only source of income is disability. That is protected and usually can only be garished for taxes, child support and school loans, and you can dispute that by means of hardship if it happens.

Good luck.
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#13 Consumer Suggestion

Kristina, i was very specific, as always.

AUTHOR: Steve [Not A Lawyer] - (U.S.A.)

Kristina,

A DEBT VALIDATION request is just that. Your are REQUESTING validation from them. This is a dispute. You are challenging them. That is the purpose. When you acknowledged te debt and discussed payment arrangements, that defeated everything. They will most likely sue you now, and there really is not much you can do at this point.

The people that Aspire Visa sold/transferred the original debt to are just one in a string of collectors/junk debt buyers. NEVER contact an original creditor!! NEVER!! And NEVER speak to ANY collector on the phone! NEVER!!

At this point, the damage is done. Lay low. Change your phone# to an unlisted one and cut off all contact with them. Leave mail unopened and mark it as not at this address and drop in the big blue mailbox.

It is very important to read EXACTLY what someone says, and to respond EXACTLY in the way described. Attention to detail is critical. It seems as if you are very impulsive. This is very dangerous when dealing with parasites like this.

The only thing you have in your favor is that your only source of income is disability. That is protected and usually can only be garished for taxes, child support and school loans, and you can dispute that by means of hardship if it happens.

Good luck.
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#14 Consumer Suggestion

Kristina, i was very specific, as always.

AUTHOR: Steve [Not A Lawyer] - (U.S.A.)

Kristina,

A DEBT VALIDATION request is just that. Your are REQUESTING validation from them. This is a dispute. You are challenging them. That is the purpose. When you acknowledged te debt and discussed payment arrangements, that defeated everything. They will most likely sue you now, and there really is not much you can do at this point.

The people that Aspire Visa sold/transferred the original debt to are just one in a string of collectors/junk debt buyers. NEVER contact an original creditor!! NEVER!! And NEVER speak to ANY collector on the phone! NEVER!!

At this point, the damage is done. Lay low. Change your phone# to an unlisted one and cut off all contact with them. Leave mail unopened and mark it as not at this address and drop in the big blue mailbox.

It is very important to read EXACTLY what someone says, and to respond EXACTLY in the way described. Attention to detail is critical. It seems as if you are very impulsive. This is very dangerous when dealing with parasites like this.

The only thing you have in your favor is that your only source of income is disability. That is protected and usually can only be garished for taxes, child support and school loans, and you can dispute that by means of hardship if it happens.

Good luck.
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#15 Consumer Suggestion

Kristina, i was very specific, as always.

AUTHOR: Steve [Not A Lawyer] - (U.S.A.)

Kristina,

A DEBT VALIDATION request is just that. Your are REQUESTING validation from them. This is a dispute. You are challenging them. That is the purpose. When you acknowledged te debt and discussed payment arrangements, that defeated everything. They will most likely sue you now, and there really is not much you can do at this point.

The people that Aspire Visa sold/transferred the original debt to are just one in a string of collectors/junk debt buyers. NEVER contact an original creditor!! NEVER!! And NEVER speak to ANY collector on the phone! NEVER!!

At this point, the damage is done. Lay low. Change your phone# to an unlisted one and cut off all contact with them. Leave mail unopened and mark it as not at this address and drop in the big blue mailbox.

It is very important to read EXACTLY what someone says, and to respond EXACTLY in the way described. Attention to detail is critical. It seems as if you are very impulsive. This is very dangerous when dealing with parasites like this.

The only thing you have in your favor is that your only source of income is disability. That is protected and usually can only be garished for taxes, child support and school loans, and you can dispute that by means of hardship if it happens.

Good luck.
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#16 Author of original report

pressler and pressler nj

AUTHOR: Kristina - (U.S.A.)

Ok that was to visa aspire themselves which I do owe THEM, that was where the account originated. They actually helped me and told me where the account was sent to for real. Isn't that a good thing? Now how do I get this pressler and pressler off my back, and how do I contact the agency that aspire said my account was sent off to? They gave me a phone number, but you told me to never call. So, what's your advice? Thanks again~
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#17 Author of original report

pressler and pressler nj

AUTHOR: Kristina - (U.S.A.)

ok steve from florida if you read back to the begining you told me that I should send a certified letter to them asking them for proof of everything... that's what I did! Now you are telling me that I shouldn't have done that?

I have also recieved a letter in the mail from pressler and pressler stating the conversation we had over the phone about the payment arrangements... I NEED HELP! Please read everything over I have posted and tell me what I should do now!?
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#18 Consumer Suggestion

The letter was good up until this point

AUTHOR: Steve [Not A Lawyer] - (U.S.A.)

Kristina,

The letter to the lawyers/collectors was good up until you wrote this:
>>>
..."Please, contact me asap, I want to pay this account off...I can afford at the most $50.00 a month. Again thank you for your time and consideration in this matter"...
Sincerely,
Kristina
>>>

That qualifies as affirmation of the debt.

Good luck.
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#19 Consumer Suggestion

Kristina, that letter you wrote REAFFIRMED the debt!

AUTHOR: Steve - (U.S.A.)

Kristina,

That letter you wrote just re-affirmed the debt. They will now sue you so they can get a quick judgement and garnishment of your bank accounts and paycheck if any. You can also lose a percentage of disability in some states.

Pressler & Pressler is famous for getting quick summary judgements and garnishments. Don't be suprised if your entire bank account get frozen or wiped out.

You should have just stuck to the debt validation procedure I gave you. You are supposed to get them to validate the debt, your not supposed to do it for them!

Good luck!
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#20 Author of original report

aspire visa and pressler and pressler llc.

AUTHOR: Kristina - (U.S.A.)

Just to update you I have sent a certified letter to pressler and pressler llc as follows:

To Whom It May Concern: December 18, 2006

I am writing this letter in demands for an account history of a supposed account you have in collections from a visa aspire credit. I want an itemized list of all transactions on this account. I would also like a copy of the original contract for this account. I would also like a copy of licenses to collect debts in this state; and proof that you own this agency. I will not settle for anything less than this. I am sending this to you via certified letter # .

Thank You;
Kristina
(((ROR REDACTED ACCOUNT ND EMAIL FOR SECURITY PURPOSES)))

I have also receieved an email from visa aspire as follows:
Dear Kristina ,

Thank you for your recent e-mail.

According to our records, your account has been sold to Jefferson Ca. For further details please contact them at 1-800-281-2793

If you have any additional questions or comments, please contact Customer Service at 1-800-348-8783 or email us at customerservice@aspirecard.com.


Sincerely,


Card Services

-----Original Message-----
From:
Received: 12/16/2006 1:31 PM
To: customerservice@aspirecard.com
Subject: RE: My visa-aspire account~


Hello, My name is Kristina ; account number xxxxxxxxxxxx9237. I have been trying to get in touch with you for a few years now. I sent two payments to you in january and july of 04', and never received anything in return. I wasn't able to retrieve my account online because I didn't have an account number.
Well, three days ago I received a letter in the mail from a lawyer who is suing me for this account that supposedly went to a collection agency called midland funding llc? I never got one statment or letter from a midland funding in attempts to collect any debt and now I am being sued?!
I called this lawyer and they are trying to tell me that even though I set up a payment arrangement with them they are still going to sue me! I don't understand this! All I want to do is pay this off and get it off my credit report! I am trying to make amends with all financial institutions I owe money to and being sued right now will not help me!
If you can help me in any way please feel free to contact me. I have tried finding some kind of phone number or address to this midland funding and there is none...I even went online to find anything and it seems as if they are a fraud and have been frauding people out of money! Please, contact me asap, I want to pay this account off...I can afford at the most $50.00 a month. Again thank you for your time and consideration in this matter.
Sincerely,
Kristina



So, is this proof that pressler and pressler doesn't have ownership of this account? Should I contact this jefferson ca. to find out what is going on...please let me know, Thanks~

CLICK here to see why Rip-off Report, as a matter of policy, deleted either a phone number, link or e-mail address from this Report.
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#21 Author of original report

I have contacted visa-aspire!

AUTHOR: Kristina - (U.S.A.)

My email as follows:

Hello, My name is Kristina *********; account number ***************. I have been trying to get in touch with you for a few years now. I sent two payments to you in january and july of 04', and never received anything in return. I wasn't able to retrieve my account online because I didn't have an account number. Well, three days ago I received a letter in the mail from a lawyer who is suing me for this account that supposedly went to a collection agency called midland funding llc? I never got one statment or letter from a midland funding in attempts to collect any debt and now I am being sued?! I called this lawyer and they are trying to tell me that even though I set up a payment arrangement with them they are still going to sue me! I don't understand this! All I want to do is pay this off and get it off my credit report! I am trying to make amends with all financial institutions I owe money to and being sued right now will not help me!

If you can help me in any way please feel free to contact me. I have tried finding some kind of phone number or address to this midland funding and there is none...I even went online to find anything and it seems as if they are a fraud and have been frauding people out of money! Please, contact me asap, I want to pay this account off...I can afford at the most $50.00 a month. Again thank you for your time and consideration in this matter.

Sincerely,
Kristina *********

Just keeping you up to date...Thanks!
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#22 Consumer Suggestion

Kristina, you just made your situation worse!

AUTHOR: Steve - (U.S.A.)

Kristina,

These are JUNK DEBT BUYERS you are dealing with who purchased this old debt for pennies or less on the dollar. The original creditor is totally out of the picture except for determining SOL.

When you made that payment arrangement, you affirmed the debt and reset the SOL. Now they can successfully sue you, where before they may not have been able to. Now on top of the original debt, you will be paying court costs and legal fees.

NEVER speak to ANY debt collector on the phone!! It will ALWAYS make your situation worse. AND, you actually hurt your credit more by doing this as the negative activity is now more recent, and even if paid will show as a paid collection.

Do not reference any payment arrangement ever again, and deny everything unless you put it in writing.

You never told us what the charge off date was with Aspire, as this is what sets the SOL, which in NJ is a max of 6 years.

It is very important to IMMEDIATELY send a DEBT VALIDATION request. Demand a copy of the original contract, as well as a full account history and itemization of charges. Also demand proof that they own, or have the legal right to the debt as well as that they are properly licensed in your state and theirs to do debt collection.

Send this letter by certified mail, return reciept requested. Be sure to put the certified# on the letter itself, and keep a copy for your records. This is very important.

Do this right away, BEFORE you recieve the summons.

Pressler and Pressler are some genuine lowlife. Be careful, and do not ever trust them.
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#23 Consumer Suggestion

Kristina, you just made your situation worse!

AUTHOR: Steve - (U.S.A.)

Kristina,

These are JUNK DEBT BUYERS you are dealing with who purchased this old debt for pennies or less on the dollar. The original creditor is totally out of the picture except for determining SOL.

When you made that payment arrangement, you affirmed the debt and reset the SOL. Now they can successfully sue you, where before they may not have been able to. Now on top of the original debt, you will be paying court costs and legal fees.

NEVER speak to ANY debt collector on the phone!! It will ALWAYS make your situation worse. AND, you actually hurt your credit more by doing this as the negative activity is now more recent, and even if paid will show as a paid collection.

Do not reference any payment arrangement ever again, and deny everything unless you put it in writing.

You never told us what the charge off date was with Aspire, as this is what sets the SOL, which in NJ is a max of 6 years.

It is very important to IMMEDIATELY send a DEBT VALIDATION request. Demand a copy of the original contract, as well as a full account history and itemization of charges. Also demand proof that they own, or have the legal right to the debt as well as that they are properly licensed in your state and theirs to do debt collection.

Send this letter by certified mail, return reciept requested. Be sure to put the certified# on the letter itself, and keep a copy for your records. This is very important.

Do this right away, BEFORE you recieve the summons.

Pressler and Pressler are some genuine lowlife. Be careful, and do not ever trust them.
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