Pressler & Pressler, LLC Current Case In Bergen County Awaiting Motion To Dismiss / Trial Cedar Knolls New Jersey

I am not an attorney, but I'm a court clerk and somewhat familiar with the court system, and I can give a few tips--procedure-wise only.

When you receive a complaint, there are things you must remember. First, when you receive the complaint, if you do not dispute the amount owed, it may be beneficial to contact the attorney before the court date. That works for some people, but not so well for others--it depends on your case. If that does not work, come to court--or not, it's up to you. 

If you do dispute the amount, DO NOT IGNORE THEIR ATTEMPTS TO SEND PAPERWORK TO YOU. I can't stress this enough. Another commenter mentioned that these cases become judgments because the people being sued don't show up. This is true. The court takes the stance that if you don't answer or show up, you do not dispute the claim. That's called a default judgment, because they win by default. All they need to prove to the court at this point is that they sent the papers to you telling you to come to court, and you didn't come. It has nothing to do with the money or proving their case if you don't show up to dispute it.

Another note is that the court is aware that Pressler and Pressler filed the case, but may have no information on the debt before they bought it. Any information on the original debt may need to be obtained from Pressler and Pressler. This depends on the case, and might be like pulling teeth, but it's just something to keep in mind.

If you would like to file almost any type of motion, there is usually a packet provided by the court offices for that purpose. It is a generic packet in some cases, and you'll have to fill in what you'd like the court to do, but I would suggest details and if you have any, attaching proofs. Motions go before the judge, and depending on the court and if you ask, the judge may or may not decide to have a formal hearing where everyone comes to court. Sometimes, depending on the motion, court and judge, the judge decides motions based on just the paperwork presented. Be as detailed as possible, in any case--it couldn't hurt. Also, the original paperwork needs to be filed with the court (sending it to the judge directly is fine, but it ends up in the same place) and a copy must be sent to Pressler and Pressler as well. In some cases, you may need proof of service to them just to file. This procedure varies from state to state, county to county, so you should check the rules for your area and make your own adjustments.

Finally, the court clerks will tell you what 'they' need to file your motion or other paperwork. If you need paperwork, again, the courts should be able to provide the general forms you need. The clerks CAN NOT tell you what forms you need, but they can answer general questions, such as the status of your filing or your case, and times you need to be in court. Make use of your resources, no matter what they are.

Good luck, and I hope this helped.

Hi everyone.

I posted the letter that I received today from Governor Corzine concerning my complaints against Pressler & Pressler and he forwarded it to the Division of Consumer Affairs Acting Director Lawrence DeMarzo for investigation! Hopefully this will not get swept under the carpet. The letter is up on my blog at www.caipnj.com or www.caipnj.org.

Just lost to to PEE and PEE (Pressler and Pressler). I have been fighting them since August. There was NO WAY that the judge was EVER going to rule in my favor. Everyone there was there for a Pressler case. The mailman says that my area is just being deluged with certifiied mailings from these criminals.
Tomorrow I am meeting with an attorney to file ch. 7. It will be well-worth it to stop the sure to follow subpoenas, wage garnishments that these criminals engage in post-judgement. I wish I could see criminal BANN's face when he realize he has been foiled in his latest caper to steal (with the court's tacit approval) monies from a US citizen. HA!
Anyway, goodluck to all future and current Pee and Pee victims. They will BE STOPPED one day. Good will prevail over evil. If you are being sued by these vulture, please consider ch. 7 protection. Very few people win because the clerks and courts are in bed with the vermin. It is legalized theft. Your credit is already bad and will get worse with a judgement. AND PEE and PEE will harrass, terrorize, and threaten to jail you post-judgement. The day you file, the stopped from contacting you, suing you, and garnishing your wages.

Hi Nathan,

The documents are located on the downloads page at;
caipnj.org/index.php?page=21

They are all in Adobe Format, so you need to have Adobe Reader to view them.

Just a quick update, in that I put up a blog concerning my case as well as other cases and a ton of information for everybody so please check that out as well. There is a link off of the main page of www.caipnj.org.

I have been receiving a ton of emails from people and it is so sad how these debt collectors and attorneys are running buckshot through the Judicial System and are allowed to get away with it. Although I am not an attorney, I just hope that everyone can find maybe one thing useful from my case that will help them and I will help as much as possible; and I hope that others will help me as well.

With that said, please look at my blog and the main page of caipnj.org and I will post more updates soon.

Good Luck To You All.
CAIPNJ

I checked out your website. I would love to read these documents. none of links worked. They did not appear and more less hung my computer up.

Good luck to you!!!!

For Frustrated;

Remember I am not an attorney, so none of this should be taken as legal advice, just suggestions as I can only tell you for sure what I have been through and share my experiences.

Here is the link to my motion to dismiss which is modified from the presslerclub webpage.
caipnj.org/downloa/sjmppmtd.pdf

Remeber I am not an attorney, but this may give you some ideas. The Motion will be heard in December; although the attorney for Pressler & Pressler filed his objections.

I have looked all over the place for information and laws and my rights, the best place to look I have learned are the Rules of Procedure for your state and try to to find some relevant cases on the "interwebs". I recently signed up for a pacer account, so you can get complete cases there to reference.

The reason that I am putting all of my documents up there is because maybe they will help others; because I have spent hours & hours just looking for a certain word or paragraph or case for my motions and maybe someone will see something in there that will help them fight these pariah.

Like I said I am not an attorney, but out of necessity I have had to learn certain Laws & Procedures, and I take pride in atleast making sure that the documents that I file are correct; but reading the documents of P&P, it is apparent that the monkeys are running the cage because of all of the mis-spellings and complete lack of the English Language, it is horrible.

Personally, as long as you can prove them all I would list all of them. This is my motion for sanctions:
caipnj.org/downloa/sjmmfs.pdf

I have listed every single procedure that I could find that this guy violated, in the hopes that if/when I do file that motion, that there should be no chance of him getting away with lying to the court. I am not sure, probably an attorney will say to only put the main things so that they can keep filing motions, but the point is to be done with it once and for all; and any documentation I attach with my motions, this is procedure and I can say this for sure.

As far as procedure as well; I learned something very important. As far as filing motions and right to the judge or proper procedure, you should be able to call the court clerk and say exactly this, "Look, I know that you can not give me legal advice, but can you tell me the PROCEDURE of filing a motion to dismiss after the original motion got dismissed" or however you word it. 9 times out of 10, the clerk will let you know but it does not hurt to try. If they don't help, call a different county court house until you get your answer. ;-) Besides, they like helping it gives them power or something. ;-)

From now on, try to get it "dismissed with prejudice" this way they can not file again on it. The judge should have been mad enough to do that if he dismissed it for them not being there, shows lack of respect to the court whether they are friends or not outside of the courthouse.

Remember I am not an attorney, so none of this should be taken as legal advice, just suggestions as I can only tell you for sure what I have been through and share my experiences.

Good luck to you, and I hope that it works out for you. If there is anything wrong with anything that I said here, please write something here so that I am not steering people in the wrong direction, because then this will mean that I have it wrong.
CAIPNJ

My story is a prime example of what happens in NJ court (and higher courts) when Pressler and Pressler is involved.

My sister is my attorney. I am looking for other people who have had court cases filed against Pressler and Pressler in NJ with "questionable" court decisions.
You may read my story (although this story publication is not fully updated) by searching "The Eleanor Schiano Story" at Yahoo.com

I believe a petition (with many signatures) to the US Attorney's Office and NJ Attorney General Office is necessary. Maybe someone also wants to organize a meeting.

Yes - I am related to Greg Schiano - Rutgers Football coach if you are a fan and recognize the name. Have been trying to use this influence to get help. Pressler and Pressler influence, however, is greater.

Elle

Thank you for taking a stand and fighting for your rights as a consumer. I am not dealing with the same collection agency, but one which is identical to their tactics in Oklahoma. If the consumer were more aware of their rights then these crooks might now be making the millions that they are off of innocent victims. I take this on as a crusade as well and am trying to come up with ideas to help others in my area. This firm files hundreds of suits per day in our local court and they are mostly won by default judgements, if only the defendants knew that by just showing up at the hearing, they would win, I show no cases where the other guy has even made a physical appearance in the court.

I can't even begin to mention all of the illegal practices that these guys use, basically, much like your situation. I did see your links to all of your documents, however with this website, I am unable to link to them. I am really searching for a "Motion to Dismiss" document. If there is a way to copy yours to this link, I would so appreciate it. I am on my second suit, same claim which was filed within 10 days after the first was dismissed for failure to appear by them.

I now have a list of items that are illegal and incorrect with their claim, as well as the expired statute of limitations defense. I am not sure if I should list all items on the motion to dismiss, or just list the Statute of Limitations. Which would be my best chance of success? and which is proper? A laundry list of discrepencies? or a single statement? Do I attach my proof with this motion? or just submit the motion? Does this paperwork need to be filed formally with the court? or just delivered to the judge? Do you have any suggestions as to where I might research more of these questions? Where did you find your documentation? I have searched endlessly on the internet for samples of these documents but have not yet found what I think I need.

Thanks for any help you may have, we may never bring the big dogs down, but we can sure give them a battle and make it tougher for them to abuse the system.

So Mr. Thomas M. Brogan of Pressler & Pressler likes to lie to the Courts in order to get his way; but more on that in a minute.

My Motion To Dismiss will actually be heard in December; can you believe that. I understand about the 90 day discovery rule, but one of the reasons that it may have been put off until December is because Mr. Brogan LIED to the Court, and said that he did not receive my interrogatory returned to him yet.

Well Mr. Brogan, I got news for you; click HERE if you would. You see what that is, that is the Proof of Mailing with the Return Receipt which was mailed on September 24, 2007 and that you received on September 26, 2007. Do you think that I am a fool that I would let you get away with lying to the courts like that.

You see, he did it not once; but twice. Click HERE and HERE. Answer #1 and Answer #2 to my Motion To Dismiss, (I had to refile the motion because of technicality, never said I was a lawyer). So as it goes Mr. Brogan, all recourses will be taken and all avenues unturned as I go about making you regret that you thought you had to lie in order to get your precious little adjournment which we both know will be used to create some kind of bogus case against me if possible.

Let's see who should I go to first; The Bar Association, the Courts, the Ethics Committee? Actually, it doesn't matter to me where I start because I will most definately run through each one when I am through. Hey maybe even your boss Mr. Sheldon Pressler would love to hear about how you lied to the court. Actually, it is probably expected of you pariah so maybe I will not waste my time going down that lonely road of miserable creeps, but I just love the way that you felt defeated and had to lie. What a Nice Job you did proving me right!

So let me know how you liked getting this case now , and I will stand on the mountaintop shouting to expose you every step of the way. Thank you Mr. Brogan for laying yourself out on a plate.

Oh yeah almost forgot; Click HERE to see my first validation letter to Pressler & Pressler, LLP dated September 9, 2007. Then click HERE to see my Caller ID where they called me on September 17, 2007. I will put a better picture up here soon; sorry so blurry. Can You Say Violation of the FDCPA. Derp De Der again!

The links to the documents work at www.caipnj.org. I started a petition as well, so please check that out as well.

Thank you for all of the great info on this site.

Updates Soon!
CAIPNJ

This article was taken from www.caipnj.org in where I will be posting my dealings with these pariah. The links work on the page as well.

"First off, we have been in contact with reporters of numerous New Jersey Newspapers explaining my case against the illegal practices; and reasons for my beliefs concerning the criminals at Pressler & Pressler, LLP. Below is an edited email that was sent out across the state of NJ.

For those of you that do not know, Pressler & Pressler, LLP are one of the biggest Debt Collectors in the nation. They buy off debts from companies like AT&T, Citibank and a few other companies at pennies on the dollar, then attempt to come after people for the full value of the debt knowing fully that they have no claim to it.

Recently, I have had to deal with these criminals because they have come after me for a Credit Card Debt that I never had. After filing an action against me in the Civil Court of Bergen County NJ, Docket No: DC-071497-07. I have asked a few simple questions; two of the main ones being: 1) Show me the "validity of the debt", 2) Show me that "I owe you the debt". To this day, they still have not done either. Here is just one of those edited emails for requested information: *Note you can see numerous articles in the Record Newspaper in Northern New Jersey which can be seen HERE; just search "corruption".

"A couple of class action suits against them recently that were settled by Pressler & Pressler LLP are as follows:

-Grandberry, et al., v. Pressler & Pressler, et al., Docket No. L-001356-06 Middlesex County - Honorable Ann G. McCormick, J.S.C. - A class action involving the Fair Debt Collection Practices Act.

-Nthenge, et al., v. Pressler & Pressler, et al., Docket No. L-001363-06 Middlesex County - Honorable Ann G. McCormick, J.S.C. - A class action involving the Fair Debt Collection Practices Act.

I explained the case of Robert A. Jones v. Pressler & Pressler, LLP, (this is the case where a few years ago, Pressler & Pressler, LLP bought stolen customer information from Orazio Lembo Jr). Pressler & Pressler, LLP are named as defendants in this case.

State of New Jersey Involvement:

From their own webpage, www.pressler-pressler.com "Founded in 1930, Pressler & Pressler is managed by Sheldon H. Pressler, who was admitted to the bar in 1955. He has been appointed by the New Jersey Supreme Court to the Advisory Committee on the Special Civil Part (SCP) within which jurisdiction (up to $15,000.00) most retail collection matters are filed. He is also a member of the New Jersey State Bar Committee for the Special Civil Part.

Again, from their webpage: "To serve its highly specialized practice, Pressler & Pressler is online with three (3) major credit bureaus, the New Jersey Division of Motor Vehicles, and the Secretary of State. All real estate, lots, blocks, addresses, and assessments are online and computer checked with new claims. We have a full-time programming and networking staff to assist its various clients who are computer linked to allow immediate transfer of new claims, constant online availability of claim status, payments, etc."

So, there are people fighting back against Pressler & Pressler, LLP. You see, these pariah rely on the fact that the "Average Joe" does not know about the Special Civil Laws & Procedures concerning Filing Answers, Motions, and sending Proof of Validity Requests etc... This is the standpoint that Pressler & Pressler, LLP likes to attack from. I never heard about them until I was forced to deal with them; and now I am glad that they filed their frivolous lawsuit because now not only do they have to deal with me, but I have found a new passion and will not stop until "Justice Is Served."

Using the courts; which is the body that these criminals operate in, will be my/your/our best defense. Learn about the Fair Debt Collections Act; specifically your rights about the rules under 806-813. Learn about the Rules of Professional Conduct and the Rules of Procedure. There are rules, and Pressler & Pressler, LLP break almost every one of them. Why are they able to get away with it you may ask? Let's start here:

Click HERE for their web page. Do you see what it says: "Founded in 1930, Pressler & Pressler is managed by Sheldon H. Pressler, who was admitted to the bar in 1955. He has been appointed by the New Jersey Supreme Court to the Advisory Committee on the Special Civil Part (SCP) within which jurisdiction (up to $15,000.00) most retail collection matters are filed." So the president of the company is Sheldon Pressler and he is on this committee in which he was appointed by the State of New Jersey and is allowed to practice illegally. Maybe it has something to do with a few of the judges on that list as well, I know of at least one that is on the bench in Bergen County.

So; moving on to an audio recording which you can hear right HERE in where a New Jersey Judge asks the Pressler & Pressler attorney to "validate his claim" as to "basis and ownership of debt". This tape is very telling, in that you can hear how the attorney for Pressler & Pressler scrambles for about 10 different reasons in a matter of 30 seconds as to how he has claim; which we all know he does not.

So it is apparent to me that either; A) You have a "Literal Boys Club" in where the Judges are practically working as employees for Pressler & Pressler, LLP or B) You have a "Literal Boys Club" in where the Clerks are practically working as employees for Pressler & Pressler, LLP. The Judges are signing orders without giving American Citizens Due Process; quite possibly because the Clerks are not sending the original "Summons" in which you have 35 days to answer. The Clerks may be using outdated addresses; or in the interim not sending them at all. The Judge in the above audio tape is obviously not in the "Boys Club" as his actions were "by the book" and most definitely should be commendable as he saw through the deceitful ways and practices of Pressler & Pressler, LLP.

So you have the New Jersey Supreme Court to the Advisory Committee on the Special Civil Part tie-in, the Fair Debt Collections Act as well as numerous Rules of Court & Procedures in which once cornered; Pressler & Pressler, LLP will hide behind to get cases adjourned, and use numerous scare tactics to make you think that you are the one that is wrong here; when in fact it is the other way around.

I received an interrogatory from the pariah in where it they ask me to give them all kinds of information including current & past address etc...People get these and immediately answer them because they will put in their cover letter that you have 30 days to answer it; and then state the law in which you have to answer the interrogatory. It is recommended that you answer this within the time period, because you do not want to give them any kind of ammunition to use against you. You can lose your case on this fact alone. HERE is the interrogatory.

In question #1 they are asking me to give them my entire defense case; are they serious. I do not even know these people and they want me to turn over information that is none of their business. Here is the problem with interrogatories in the Special Civil Part. First thing is that it is Unconstitutional as with anything legal that you sign, because you are not afforded the right to invoke your Fifth Amendment; because you are required by law to sign this document, and you can be prosecuted if your statements are found be be "untruths". Second is that this document will usually come within the first two weeks of you filing your "Answer" in the court and you are expected to answer this document, even though the party that is suing you has yet to prove that they even have "validity & claim" so you are turning over your personal information which will be used against you because the party; namely Pressler & Pressler, LLP has no case at this point and are trying to get you to "become one of their employees" by doing the work for them.

The worst cases are when people get scared enough to answer the interrogatories and will include their bank accounts, places of employment, family member names and Social Security Numbers; as well as monthly budgets. This is very dangerous because you could wake up one day with your entire bank account on lien by these people. They like to do this on the first week of the month, or the third week of the month knowing that this is when there are monies available in peoples accounts. In my opinion, the interrogatory questions; unless ordered by a Judge, should only be answered in one statement for each question; Dear Pressler & Pressler, LLP: VALIDATE THE DEBT!

Honestly, would you pay a speeding ticket without there being actual proof of not only the ticket, but of the violation? Of course you wouldn't and I wouldn't either. Learn about Due Process.

So how can companies like this exist and continue to thrive? By Law; they are not allowed to. We must all educate ourselves concerning Collections Laws. Just like you and I had to learn the "Rules of the Road" in order to get our drivers licenses, you have to learn the "Rules of the Road" in Collections Laws.

I have attached some of my Court Documents below. All personal information was removed. Feel free to use them at your discretion, but understand that I am not an attorney so I can not be held liable for you using theses documents, as well as the outcome of your case. I can tell you that all of these documents are per the Rules of Court of Bergen County, New Jersey as this is where all of these documents were filed.

Good Luck to you. Remember that you must learn these important items:

-PATIENCE

-Do not answer any interrogatories unless ordered by the court.

(In certain cases you may answer N/A)

-Learn Rules of Procedure (Link on Page 2)

-The Fair Debt Collections Act (Link on Page 2)

-Rules of Professional Conduct (Link on Page 2)

Interrogatory From Pressler & Pressler

Validation Letter To Pressler & Pressler

New/Better Validation Request (Not Included In Case But Better)

My Motion To Dismiss

Letter To Court Clerk Included With Motion To Dismiss

Adjournment Request From Pressler & Pressler

My Answer To Claim

Pressler & Pressler Settlement Letter

They Think That My Motion To Dismiss Won't Be Heard

Some of these documents are modified from the documents at PresslerClub. I wish to thank the owner of that webpage for getting me started in the right direction concerning my case. There are other great documents including Federal Complaints against Pressler & Pressler, LLP on this site so be sure to check that great webpage as well."

MORE TO COME SOON! Updated 10/3/07