Pressler And Pressler, Midland Funding Management I am being sued from Midland regarding an Aspire Visa that I don't owe Parsippany New Jersey

The judge dismissed the case. Thank you Lord.

Answer to Question

Actually, I don't know. I've included all the correspondance that I've received from them, and explained to the judge that the account is not mine and it is not on my credit report, and that Midland checked my credit report and did not add it.

i AM CURRENTLY FIGHTING A DEFAULT FROM LAWYERS REPRESENTING MIDLAND AS WELL. I WAS NOT SERVED WITH PAPERS TELLING ME A COURT DATE, AND I TOO HAVE FILED A MOTION TO VACATE. ON WHAT GROUNDS DID THE COURT GRANT YOURS? WAS IT JUST BECAUSE MIDLAND AND ASPIRE WERE NOT ON YOUR CREDIT REPORT?

I went to court today and won the motion to vacate default. Pressler and Pressler insisted that I should owner the verbal agreement that I had with them when I originally called. They said that because the debt is not on my credit report that does not mean that I don't owed the debt. I sent them a letter for proof of validation. I did not received one from them and jjust now at the courthouse, he presented me a with copy of transaction back in 2005. My question to him was, I come either Aspire or Midland are not on my credit report.

what should I do to won my case when I go to trial?

I am going to court on 4/9. Even though pressler and pressler asked the judge to deny my motion to vacate/dismiss, the judge grant me the motion.

There is a huge SCAM, a multimillion dollar SCAM, being fosted on the american public!!

And our legal system is in on it!

When you stop paying on a credit card debt,
The original creditor is mandated by federal law, to charge-off an account when no payments have been received for 180 days.
That date is refered to as the Date of Last Activity (DLA)' and reported as such, to the credit reporting agencies by the creditor.

After they write it off, they "Bundle" all these uncollectable accounts and sell them for pennies on the dollar on the open market, this is where the 3rd party debt collectors come in.

They BUY a "BUNDLE" of this uncollected debt info from the original bank.

However what they buy is your name, account number, and what you owed to the original bank.

They rarely or never get your "original signed contract" with the credit card company, your last statement of payment on the account, and the original writeoff amount.

This is what they need to "PROVE" in court that they now have "TITLE" to your original debt.!!

This information is usually sold several times within the "networks" still as a BUNDLE
of uncollectable debt!

They will harris you on the phone, send threating letters, saying that they represent
"XYC LLC" who now has title to your Bank of Bundi account in which you owe some
ridiculous amount.

First off the "XYC LLC" company is usually some "shell" company that the collection law firm has setup, because by law, the law firm itself cannot hold title and try to enforce a judgement against you.

So they have to "represent" a client who holds tile, so they claim against you.

The law they are trying to collect on is "CONTRACT" law,,which requires them to have "the original signed contract", and the "deeds of transfer", indicating your account specifically with the "deeds of transfer", and a copy or original of your last statement, indicating your last payment on the account, and the "charge Off" amount. Which the original bank "wrote Off" its books.

They never have any of this information, what they present to the court is a hodge podge of information, a pasted piece from an excell spredsheet with your name, address ect, usually 2 pages sideways, "certifications" which are assembled by their own staff on their own computer systems, including usually an amount you owe which they assembled from their own computer system. From this "Budle" they bought for pennies on the dollar!!

The problem is unless you SHOW UP IN COURT, when they file a lawsuit against you,
demanding they produce the original signed contract", and the "deeds of transfer", indicating your account specifically with the "deeds of transfer", and a copy or original of your last statement, indicating your last payment on the account, and the "charge Off" amount...

They will request a default judgement from the Judge..and he will grant it!

Bud is right in what he says, I have specifically fought 3 cases against me, taking several court dates, time off from work, endless hours of waiting, but they realized
I knew what I was talking about and that they could't proof their case,
IE get over on me...and they dismissed their suits...
go here....http://www.budhibbs.com/index.html
here Collection Agencies Illegal Practices ~ New Jersey
http://caipnj.blogspot.com/
and here
http://www.geocities.com/presslerclub/

The reason the courts are usually on their side is "MONEY"
each time they file its $15.00 fee, each time you answer its $15.00 fee,
multiply that times the thousands of collection cases and you can see how the courts make money..not to mention that its a "Buddy" system..

The only way they could get a judgment is to take you to court. Were you ever served? If not, you need to see the papers that they allegedly served you to see what address it was sent to and who may have signed for it (I don't think anyone has to sign for court papers in NJ - I could be wrong though)

They entered a default judment against me, so I filed a motion to vacate. Now, they want the court to denied it. I have compiled report from other court case and wrote a letter to the court stating the reason as to why my motion should not be denied.

Please pray for me.

go to www.budhibbs.com
He has a link to consumer lawyers -
Since the cease and desist was sent back to you then make sure you take that to court if you cannot get an attorney on time
This bottom feeder collection agency hopes that you will not show up
Show up - Make sure that you contact the County Clerk's office and find out when and where your so called "case" is being heard
Been there done that -
Good luck and keep us informed
Stacey

Send a Certified Letter with Return Receipt to them, stating:

Be advised your claim is in dispute.

Per the Fair Debt Collection Practices Act, I am requesting proof of this alleged debt, which includes:

- a copy of the original signed contract with my signature
- validation of the original "Date of Delinquency" for this alleged debt
- validation of the "Date of Last Activity" for this alleged debt
- validation that this alleged debt is within the statute of limitations.

Receipt of this letter is being officially time stamped by the USPS. Failure to validate will be officially documented.

* DO NOT sign your signature on any document that you mail to a debt collector. It could end up on a forged document that can be used against you. Simply type your full name.