Pressler & Pressler (scum dog millionairs)

What was their defence? What did their lawyer say to defend the judgement?

You might have overlooked some important point.

They really had none...The Judge was trying to find reasons why my bank number may not match the account number they filed with... When I brought up the fact the wrong account number with the bank name was in the debt certification letter... he (The Judge) stopped my motion stated I'd not proven meritorious defense and ruled against me. I'd addressed the debt cert letter early on in my motion. The person that signed the letter worked for P&P not the bank in question. Also.. there was no date with which to address SOL. Each of my points I brought up with the Judge he just casually dismissed them. I just got back a tape of the trial... I'm in the process of filling a complaint with the NJ Bar. I'm waiting to see if they are in deed going to try and collect. I filed a complaint with the FTC. I can't afford a Lawyer...

the Judge was helping the Lawyer try his case.... When I brought up a point... and the Lawyer couldn't address the issue... the Judge stepped in to help him.... attempting to find reason why my point may or wasn't valid...

I proved meritorious defense with my bank statements showing they had filed with a fraudulent account number. I proved the service was not valid with a document from the Post office showing my active date of CoA and a utility bill that coincided with the CoA. This is either retaliation or they are trying to keep from making case law...Either way it was wrong. I called the department the handles motions and they told me to file again after I explained to them what happened...

Appeal. Also go ahead with your complaints. This judge did not follow the law and it seems almost like he was in cahoots with the lawyer.

Just found out Friday from Experian that when Pressler & Pressler pulled my credit report prior to filing their claim... they had to have my correct address. My correct (new) address was listed on credit the report they pulled. Yet... they (P & P) filed their complaint a few months later at my previous address... knowing I would not get the court summons there by giving them a default judgment....

A phone conversation I had with P & P early on where one of their rep's told me I made a payment to them (specific amount... the same amount I made to another creditor several years ago) let me know where they got that information from. They used my credit report to contact others listed on my credit report.

I found P & P filed the proof of debt 1 day after the default judgment was granted....

Make them prove this so called payment, make them show you this payment. If they can't prove it, it didn't happen. You know what? Counter sue them for violations. If they pulled your credit they would have had your correct info, therefor they deliberately filed in the wrong court. Use that credit report as evidence they knew darn well where you were. Also get them on fabricating a payment.

as a former collector let me throw in my perspective on this (then grill me for it later, i know you will). the reason they think you paid them is because the payment you made to
another creditor must have been forwarded to them. fabricating a payment? nope, just a poorly informed collector. so try to sue for stupidity. secondly, when a collections account is sent to a collector it comes referred with an address (every single file has an address or not even the lowliest of JDB would buy it!). THIS REFERRED ADDRESS is the address that the collector uses, and unless they have reason to believe its wrong, ie mail is returned or someone calls to inform them, then they believe it to be a correct address. if mail is returned, then your credit report would be used to find a better one.

now go ahead, call me a shill and a liar etc..

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I don't think you are a shill...you did not belittle the posters and you brought up good points. But I do have to disagree with you on one point...I have personal knowledge of some unethical companies that will put a payment in the file and on the credit report in order to prolong the reporting period. They have done it to me a couple times where I know for a fact I never paid anything that had anything to do with said account and they could not show the method, just that a 'payment' was made.

wow...just wow....

all I can say is that this is the reason why there is an appelate court. You MUST file an appeal. There is simply way too much information in your favor for you not to. The tape of the hearing is probably going to be your best friend in that appeal....tell you what. go to www.naca.net and look for a consumer attorney in your area. I have a feeling you may be able to find one that might take your case on a contingency basis, if you include a countersuit against the debt collectors. And if nothing else, you can usually get a free initial consultation with an attorney that will point you in the right direction. At this point, you have nothing to lose that way....it certainly wont cost you anything to call one of the attorneys and get a free consultation....whatever you do, do NOT let this remain this way.

Guess this explains what is going on...

A couple of years ago... I had a problem with my landlord... The previous tenant had a cat they allowed to urinate all over this 2 bedrm apartment (carpet and all). The landlord moved me in via only shampooing the carpet. To say the least... the shampooing did squat (nothing). I complained... they came out and replaced the carpet in the bedrooms and hall. I requested hardwood floors in the living and dining areas. In the main bedroom the odor was still strong (never sleep in that room) as hell... during the hot steamy summer months I had to seal the room. I complained again... the landlord did nothing. I started withholding my rent... which in turn led to a landlord tent court battle... The first trial the Judge stated he was going to order some are test on my apartment. The trial took place mid month... I waited to hear from the court... by the end of the month I still had heard nothing... I started calling the court (several calls) which really got nowhere. One call got me to the judge???s secretary... I explained my situation to her... she in turn told me to hold on to my rent money. 1 month went by... I heard nothing... 2 months went by... I heard nothing... approx. the 3rd month... I got another summons from the court regarding nonpayment of rent. I go to trial and ask the judge what happened regarding the air test... The judges comments were "I didn't say that"... he started point to his notes. I stopped and looked in shock... I stated to the judge "I called your office and was told to hold on to my rent" because I was waiting to hear something back... I paused to see if the person (the secretary) in court (at that time) that told me that was going to speak up... she said nothing. At this point I'm getting livid, confused, wondering what the hell is going on... the judge just flat out lied, the secretary said nothing to confirm what she told me over the phone regarding holding on to my rent... To make a long story short... I turned the Judge into the prosecutor???s office. After several calls (no body call me down??? no paper work) eventually someone answered the phone stating they were from Public Corruption. The past few times going to the court the Judge's name no longer appears anywhere. One day I went back to work from one of the 3 - 4 trials... and my boss told me in a very nasty way "I went after a judge"... from that point on... dayum near up to this very day... I could do nothing right... He and his underling kept attempting to goad me into a confrontation (of which I never allowed to happen). An attorney told I might be black balled...


This kind of (maybe) explains a few things. I could be wrong but the address the plaintiff filed with (even though they had my correct address) was the address where the issue above took place. It looks like regardless of what evidence I have... I'm not going to win (retribution, retaliation).


Current:

I got a card in the mail at the beginning of the month giving me a court date of last week (filed for reconsideration because the Judge refused to look at my bank statements showing the plaintiff either filed with a fraudulent number, or has the wrong person). Between the beginning and the middle of the month... I found that the Plaintiff had filed their complaint (as mentioned earlier) with my previous address. I now have taped conversation with the credit reporting agency confirming the facts: 1. the plaintiff pulled my credit report using my correct address, 2. The credit report agency had my correct address on file since the previous year, 3. I have no other account numbers on file with the creditor in question.


I filed an amended answer around the same time I got that card in the mail giving me a court day last week. Last week I get another card in the mail (regarding the amended Answer) giving me a court date at the end of the month. I got the card last week the day before the motion hearing (It was to late for me to call and see what was going on). I show up at the court house and go to the office that handles those trials and inquires as to do I have a trial today. I was told by a lady behind the desk... "NO, it was canceled be at the one at the end of the month" (I go home). I check my voice mail Saturday and find a voice mail from the Plaintiff stating the trial will be postponed till the afternoon the following day. I call the court today and am now being told the trial was held and again my vacate was denied... Did I get the ladies name behind the counter??? no. No one is admitting to anything. I kept pushing the folks in the office if I indeed had a trial last week??? they wouldn???t say??? they transferred me up the Judges Law clerk??? where now I???m being told that I???m filing with the same information and my best bet is an appeal(in so many words)???.


I have to have something else in place prior to going to that trial at the end
of the month???. The appellate division is sending me the documents in the mail to file an appeal??? Now I???m wondering who else I can turn to???. I???ve already filed with the FTC (not regarding this retribution, retaliation) but regarding the way the plaintiff secured their Default Judgment (wrong address), and now the wrong/fraudulent bank account number???

More to come???.

Any suggestions are welcome...

I think P&P used my credit report to contact other creditors listed on my report... That was a way they knew about a payment I made years ago... they know the exact amount... Is it illegal for DC to use your credit report against you (trolling for other accounts)?

Thanks

I am completely appalled at this. You need to find a lawyer to help you.....it seems like that whole courthouse is going completely against the law!

What payments you made to other accounts does not make a difference to a different account.

Calm down goldenblast. last payment amounts often come referred with accounts when placed with a new agency. as for whether collections agencies can use your report against you - as long as they have permissable purpose (which someone who has a right to collect on something you owe DOES) then they can pull your report. what you're suggesting though is that they are pulling your report and then attempting to collect on what they see regardless of whether its been placed with them. that would be the lowest of the low collecting and i would imagine rare. thats what dv'ing is for.

Why should I calm down? Did you even read what was posted above? The poster specifically stated that the CA claims a payment was made to them and the poster mentioned that said payment was from a different creditor.

Besides, they don't have permissible purpose if they can't even prove the 'debtor' owes anything. Certainly not a notation in their own computer files.

Oh and my name is GoldenBAST not blast. :)

dv'ing ???

goldenblast -
before you go accusing me of not paying attention perhaps you should re-read the post yourself. the OP does NOT, i repeat NOT claim that this agency is claiming that payment was made to them. they state instead that the second agency simply knew the AMOUNT of that payment. if it was the last payment to the OC then again that info is often referred. if it was to another agency its possible it was forwarded to the second agency from the first.

secondly, i made a very specific point that permissible purpose is for those who have a right to collect - hence the dv suggestion. thank you.

sorry, i mispelled again. my brain just automatically goes for that "l". my apologies.

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i was referring to post #14 in this thread, to which you replied directly. my "calm down" post was in response to post #15.

Yes but it was all about the fact they claimed OP made a payment....was still in reference to that.

I've been told so far by 2 lawyers (Debt collections is the type cases they deal with) my default judgment should have been vacated based solely on the fact I proved that I wasn't properly served. It should have never gotten to meritorious defense...

My thoughts now and not to long after I was told by a P&P rep "you made a $xxx.xx payment to us"... Hey... that's a payment amount I made to another creditor... how the hell did they know about that... They (being P&P) either thought I wasn't going remember who I made the payment to... Or they were telling me "we" (being P&P) are into your business (I could be wrong on both... but I don't think so). That's the reason I asked if it was/is legal for them to pull my credit report and troll for business...

To be able to look at your file they would have to have 'permissible purpose'. If they had that, they could look at anything on your credit file. Now, claiming you made a payment is 'misrepresentation' and lying, both of which is illegal for a CA to do.

You need to appeal and take it to a higher court. You also need to report the judge, it seems he did not follow the law at all. Further you should SUE or countersue, that company....tear apart your credit report and make them prove they had permissible purpose, challenge the way it is being reported, everything you can think of. This is utter BS and you should fight it every which way you can.

Wished i'd know about this prior to going to court mid week


ATTORNEY GENERAL CUOMO SUES TO THROW OUT OVER 100,000 FAULTY JUDGMENTS ENTERED AGAINST NEW YORK CONSUMERS IN NEXT STAGE OF DEBT COLLECTION INVESTIGATION

37 Law Firms and Collectors Named in Lawsuit for Failing to Properly Notify New Yorkers Being Sued for Owing Debt

Cuomo Seeks to Vacate Over 100,000 Faulty Judgments Statewide and Provide Restitution to Victims

[RIGHT][URL="http://www.ag.ny.gov/media_center/2009/july/sp/july22a_09_spanish.html"][En Espa?ol][/URL] [/RIGHT]
New York, NY (July 22, 2009) - Attorney General Andrew M. Cuomo today announced his office has sued 35 law firms and two debt collectors in New York State in order to throw out an estimated 100,000 default judgments improperly obtained against New York consumers. This is the latest action in Cuomo’s ongoing investigation into unlawful debt collection practices.
According to the lawsuit filed yesterday in New York State Supreme Court, Erie County, the companies relied on a Long Island company, American Legal Process (ALP), to notify New York consumers that they faced debt-related lawsuits. ALP, however, failed to properly serve consumers across the state with legal papers, causing thousands to unknowingly default and have costly judgments entered against them without the chance to respond or defend themselves. In April of this year, Cuomo’s Office announced criminal and civil cases against ALP and its owner, William Singler, for this fraudulent business scheme.
Today’s lawsuit is an effort to provide relief to the thousands of consumers facing costly default judgments as a result of ALP’s unlawful practices. The suit asks the court to vacate all default judgments secured against New York consumers in cases in which the firms (1) used ALP to serve legal process in commencing a lawsuit, and (2) the firms are unable to provide the court with any evidence, other than ALP’s affidavit, that proper legal service was made.

“Our legal system is defined by due process and the guarantee that every New Yorker will get the chance to defend himself or herself in court,” said Attorney General Cuomo. “ALP’s scheme undermined the foundation of this system and denied thousands of individuals their day in court. Today’s lawsuit is a key step in our efforts to uproot unlawful debt collection practices and undo the considerable harm they inflict on New York consumers.”
ALP, as a legal process server, was hired by high-volume debt collection law firms in New York to serve legal papers, usually a summons and complaint, notifying individuals that they are being sued and must answer the complaint. ALP, however, allegedly engaged in “sewer service,” where process servers take advantage of individuals facing lawsuits by failing to properly alert them and denying them the chance to respond. As a result, tens of thousands of judgments were obtained against unsuspecting New Yorkers, many of whom first learned they were being sued when they found their bank accounts frozen or their wages garnished. ALP covered up the fraud by falsifying sworn affidavits of service in courts across New York.
The law firms and debt collectors sued today then used these false affidavits to obtain default judgments against NY consumers. Between January 2007 and October 2008, these law firms and debt collectors filed more than 100,000 lawsuits in every county in New York State, with the vast majority of the suits being debt collection actions. In a large percentage of the cases sampled and analyzed, the defendants never answered the lawsuit and the law firms sought and obtained default judgments from the courts. In seeking the default judgments, the firms made use of ALP’s fraudulent affidavits that claimed that the individual defendants had been given proper legal notice of the suits.
To rectify ALP’s widespread fraud on New York’s courts and consumers, today’s lawsuit, filed on behalf of the Honorable Ann Pfau, Chief Administrative Judge of the New York State Unified Court System, invokes the broad remedial powers granted to New York’s administrative judges to correct improperly obtained default judgments. In addition to seeking to vacate all of the default judgments where the sole evidence that the defendant received notice of the suit is an ALP affidavit, today’s lawsuit asks the court to order the law firms and debt collectors to:

• Inform the New York State Unified Court System of each actions in which they used ALP to serve legal process and in which a default judgment was granted;
  
• Notify all the parties in those actions of the existence of this lawsuit and their right to be heard; and
  
• Notify the court of amount of any default judgments taken in any of the relevant actions, as well as whether the debtor paid any amount to satisfy the default judgment.
  

For those of you have been hit with in proper service... Look in the NJ Rule book and site

PERALTA V. HEIGHTS MED. CTR., INC., 485 U. S. 80 (1988)

The "US supreme Court" has ruled Meritorious Defense is not required or can't be used to stop vacation of a default or default judgment when service was in proper or not valid. Look in the Pressler version of the NJ Rule Book... The Pressler here is the late Hon. Judge Sylvia Pressler (she just passed Feb 15 2010). Look on page 1667 and 1671... 4:50 1 or 2..., 5.4.2 look in the 2009 verision. Even thouth I didn't win... the meritorious defense is no longer valid. My case is of a different animal... I believe this thread is being watched by parties mentioned

you mean judge pressler? creepy...

to the person who lost their case, you MUST appeal now. You need to cite that case above as your one and only needed statement in your appeal. Contest the court's ruling that you didnt have meritorious defense on those grounds, and you should have no problem getting the judgment vacated. Dont let these crooks get away with a judge that didnt do the job right like that. I would also file a complaint about that judge, to be honest, because there is no valid explanation for his complete lack of regard for the law.

I'm quite sure... they know it takes a min. of approx. $700 to file at the appellate level (tapes transcribed, filing fees...) ...they are banking on people like myself not having the funds to file. I'm going to be contacting the NYC AG and give them my information as well....so they can expand their investigation to see if I'm the only one they pulled this with or is this a common practice...

The Sad part about... my case is P&P filed with someone else's bank account number... I proved it with my original bank statements....

The ruling below states (as I was told by a lawyer) if there is a lack of service (of which there was)... the default should be vacated... I asked the lawyer about meritorious defense... I was told "it should never get to meritorious defense, the Supreme Court has ruled on this already"... I asked the people in the court (don't want to say where) how does the rules in the book play into the court... I was told the Judges "HAVE" to follow the rules.... which did not take place....
PERALTA V. HEIGHTS MED. CTR., INC., 485 U. S. 80 (1989)

Pressler & Pressler, LLC

• Pressler & Pressler, LLP is a high volume debt collection law firm operating in both New Jersey and New York. Its offices are located at 7 Entin Road, Parsippany, New Jersey 07054-5020 and 305 Broadway, New York, NY 10007.
  
• Schlanger & Schlanger, LLP has successfully litigated against Pressler & Pressler. In Palisades Collection, LLC v. Rawle Charles, Index. No. 85576/06, King’s County Civil Court, Schlanger & Schlanger, LLP represented the defendant consumer, a Florida resident who was improperly sued in Brooklyn Civil court. Schlanger & Schlanger, LLP successfully dismissed the debt collection lawsuit and default judgment against Rawle Charles. Thereafter, Mr. Charles successfully sued Pressler & Pressler, LLC for debt 1 under the Fair Debt Collection Practices Act (FDCPA) in a Florida federal court.
  
• A recent investigative report by MFY Legal Services, Inc. found that in 2007, Pressler & Pressler, LLC filed 8,647 cases in New York City alone. See Consumer Rights Project, “Justice Disserved,” June 2008. The defendant appeared in court in only 6 percent of those cases. Thus, the vast majority of those cases resulted in default judgments against the consumer.
  
• A New Jersey court denied Pressler & Pressler’s application for default judgment in a consolidation of 148 cases. The court determined that, in each case, Pressler & Pressler failed to offer evidence that its client, New Century Financial Services, Inc. actually owned the credit accounts on which it was suing. It also failed to disclose how it came to own the account. See New Century Financial Services, Inc. v. Sanchez, DC-2747-98 (N.J. Super. Ct. Law Div. April 12, 2002). The Court noted that Pressler & Pressler and its “client”, New Century Financial Services “may in reality be one entity”, and was troubled that numerous “records” regarding these alleged debts appeared to have been created by Pressler & Pressler, LLC rather than New Century or the original creditor.
  
• Pressler & Pressler, LLC is among those debt collectors accused by the Attorney General and the Administrator for the New York State of using process servers who intentionally failed to properly serve New York consumers with a Summons and Complaint. See Pfau v. Forster & Garbus, et al. In many of these cases, the process server claimed to be at several locations at once. This practice, known as “sewer service” is a classic 1 practice that denies a debtor his or her day in court.
  
• Pressler & Pressler, LLC received a “C” rating from the New Jersey Better Business Bureau.
  

Pressler & Pressler are the biggest crooks and the judges are all in it with them. The judges are getting kick backs. The owner Sheldon Pressler sits on the committee for changing the rules to the Special Civil Part. It is so illegal what they are doing. It's RICO. The Attorney General is worthless just like the last one, Anne Milgram. You can appeal as an indigent and get the transcripts free and also there is a pilot program that matches you with a free lawyer which happened to me and she got two of my cases Dismissed with prejudiced. They also waive the filing fee. Good luck to everyone. Let me know if you have a name of an official we can all go to in New Jersey.

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actually it sounds like her credit reports are corrupted. she would need to lodge her dispute with the reporting agencies.