• Report: #442530

Complaint Review: Midland Funding - Pressler And Pressler

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  • Submitted: Fri, April 10, 2009
  • Updated: Fri, May 29, 2009

  • Reported By:North Syracuse New York
Midland Funding - Pressler And Pressler
305 Broadway 9th Flr New York, New York U.S.A.

Midland Funding - Pressler And Pressler Time to STOP them New York New York

*Author of original report: thank you all

*Consumer Comment: Agreed Robert.

*Consumer Comment: Agreed Robert.

*Consumer Comment: Robert, that may not be difficult..

*Consumer Suggestion: You're a day late and a dollar short.

*Consumer Comment: Scammers

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I was contacted by Midland's attorneys, Pressler and Pressler LLp, as of last year, they supposedly took me to court and placed a judgement against me. However I never recieved a summons or a form stating I needed to appear in court. Like everyone has said that's what they hope for.If you don't appear they win by default. Which was my case. If I don't know about court then I can't appear. However I have been doing a ton of research. What everyone needs to do is send a Validate the Debt form to the attorney or the company. They must be able to prove that it is your debt.And not just a statement , which they could get anywhere online. Follow this web link http://www.creditinfocenter.com/rebuild/debt_validation.shtml, it will explain the validate debt letter. I sent mine today via certified mail with a return reciept. The website I got the letter from has very good information on everything about companies like these. It also has the form "Vacate a Judgement". Which I will be filing if I do not recieve all of the correct information from my Validate debt form. I do believe that we should all get together via email and get prepared to file a civil action lawsuit. This way maybe once, we could stop someone from taking advantage of us. I am not saying that I do not owe a debt, I am saying that I will not pay to a company who isn't actually going to pay the original company and who is adding way more money on the debt then possible. If anyone has any questions feel free to email me at tripletmommy@twcny.rr.com
Thank you to all and God Bless

Tripletmommy
North Syracuse, New York
U.S.A.

This report was posted on Ripoff Report on 04/10/2009 09:47 AM and is a permanent record located here: http://www.ripoffreport.com/r/Midland-Funding-Pressler-And-Pressler/New-York-New-York/Midland-Funding-Pressler-And-Pressler-Time-to-STOP-them-New-York-New-York-442530. 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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REBUTTALS & REPLIES:
0Author 6Consumer 0Employee/Owner
Updates & Rebuttals

#1 Author of original report

thank you all

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

I did do my research and there is no judgement yet, they lied about that. I also saw that the attorneys Pressler and Pressler pulled my credit report a month after stating they sent me my first notice two years ago.Which I never recieved. I also found that the statute of limitations has expired a long time ago. I did make a payment once when there client threatened to have me arrested however in New York State under consumer law, making a payment does NOT restart the debt only a new written contract restarts a statute in New York. So I sent in a motion to dismiss due to the time barred debt and I put in every legal code needed as well as evidence that shows the SOL has run out. Even though it is up to Pressler and Pressler to prove that it hasn't run out. I am waiting to hear back from the court. I am aslo looking into an attorney because I'm thinking of starting a civil action suit against them because of all there wrong doing to everyone.Thank you for all of your help.
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#2 Consumer Comment

Agreed Robert.

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

I agree with you that it may not be too difficult to prove improper service. My point is that here in NY, you MUST PROVE it. Simply stating "I never received a summons" is not normally sufficient to get the court to vacate the judgment.

My main point is that the author is TOO LATE to demand validation from a collector as most of us would at the first dunning letter. At this stage demanding validation per the FDCPA is MOOT-a judgment is in place. They have no obligation whatsoever to respond to any "debt validation per the FDCPA" letter that the author may have found on the internet.

My intent was to stress to the author that because a judgment is in place (at this point in time it doesn't matter whether he was properly served or not) he should concentrate on getting the judgment vacated rather than worrying about "validating" the debt.

Also, "sewer service" is serious in NY. If the author can establish that they KNEW the author's correct address and had service at an incorrect address-well, that opens the door for a nice countersuit and some very serious consequences for any NYS license attorneys who may have been envolved.

Once the judgment is vacated, then the author may focus on forcing them to prove that the alleged debt is valid, still within the SOL, that they have a valid claim to collect the debt, and that the author actually owes the debt.

It's a question of priorities. #1 Get the existing judgment vacated. All other issues are SECONDARY to getting the existing judgment vacated.

Sorry. I suppose I should have taken the time to write a more explanatory rebuttal.
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#3 Consumer Comment

Agreed Robert.

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

I agree with you that it may not be too difficult to prove improper service. My point is that here in NY, you MUST PROVE it. Simply stating "I never received a summons" is not normally sufficient to get the court to vacate the judgment.

My main point is that the author is TOO LATE to demand validation from a collector as most of us would at the first dunning letter. At this stage demanding validation per the FDCPA is MOOT-a judgment is in place. They have no obligation whatsoever to respond to any "debt validation per the FDCPA" letter that the author may have found on the internet.

My intent was to stress to the author that because a judgment is in place (at this point in time it doesn't matter whether he was properly served or not) he should concentrate on getting the judgment vacated rather than worrying about "validating" the debt.

Also, "sewer service" is serious in NY. If the author can establish that they KNEW the author's correct address and had service at an incorrect address-well, that opens the door for a nice countersuit and some very serious consequences for any NYS license attorneys who may have been envolved.

Once the judgment is vacated, then the author may focus on forcing them to prove that the alleged debt is valid, still within the SOL, that they have a valid claim to collect the debt, and that the author actually owes the debt.

It's a question of priorities. #1 Get the existing judgment vacated. All other issues are SECONDARY to getting the existing judgment vacated.

Sorry. I suppose I should have taken the time to write a more explanatory rebuttal.
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#4 Consumer Comment

Robert, that may not be difficult..

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

"You need to ask the court to vacate the judgment against you because of improper service. You need to PROVE that service was improper-sent to wrong address or served on wrong person."

Interesting article appeared on the web today about sewer service. http://www.newsday.com/iphone/ny-liserv1512650972apr14,0,156136.story.

Sewer service is a very common tactic used by a lot of companies. I have no doubt Pressler, et al, will deny any knowledge.

Mommy... go to the court house and find out who served you. There is a good chance it was these clowns. If that's the case, file for a vacated judgement.

You listed a web site (creditinfocenter). Go to the forum Credit and Debt problems and under that, Is there a lawyer in the house. Tons of good info!

Good luck.
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#5 Consumer Suggestion

You're a day late and a dollar short.

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

You indicate that they already have a judgment against you. You are way too late with any attempt to have them validate the debt-the court already did that by giving them a judgment.

You need to ask the court to vacate the judgment against you because of improper service. You need to PROVE that service was improper-sent to wrong address or served on wrong person.

You need to contact the court that awarded the judgment and request copies of ALL DOCUMENTS related to that case. In particular you want to examine the "proof of service" documents. If you can substantiate that they performed service at the wrong address when they KNEW your CORRECT address, that's grounds for the court to vacate the judgment.

However, if the judgment is vacated, they may yet attempt to sue you again for this alleged debt.

Good luck.
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#6 Consumer Comment

Scammers

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

These guys are scum! I too, admit that I owed debt to the original creditor for a card of $250. Midland inflated it to $1075, and their attorney's here in AZ inflated it to $1500. I already paid over $800 and then they wanted an EXTRA $700 plus dollars. I refuse to give them anymore money. I also received a letter saying a default was placed against me when I never received a summons to appear in court. I contacted the court and was told to file a motion to dismiss and they had 10 business days to respond. On the 10th day, they file to garnish my wages and don't even bother to respond to my motion to dismiss. I now have to take time off to work to go down to the court and find out how they can bypass my motion and garnish my wages on a time barred account. Everyone, beware of Midland!!!
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