Do I have to provide Pressler & Pressler with my personal information?

Don't! You can fight this in court and win. Don't give them anything! They sound like charlatans. Talk to a lawyer of your own because this isn't right. It could even be a scam, keep that in mind.

Go to the Identity Theft forum and you will read of similar scenarios to this. Keep your guard WAY up and keep this forum close.

So I don't have to do these like they are stating? They say it is court mandated...if that is true why isn't the court asking for it? I'm confused. I want to make sure I'm not going to have them win by default if I don't do these.

If the court is not asking for it, then it is not court mandated. Since it is not your debt or your address on the claim, the whole thing does not hold water and these clowns have nothing they can hit your with in court.
Do not let your guard down! Have this investigated by proper authorities. This sounds like a scam and it must be stopped.

Talk to an attorney to reassure yourself. Good luck!

I think Virginia-Legal-Defense would be a good one to answer this...hopefully he/she will see this post.

Id show that to the police. Even if they wont help you, at least theres record of you attempting to file a report.

Concerned

With all the fraud that's out there, it can be very easy for ANYONE to impersonate a law office and send you a piece of paper to steal your identity. Even if they are a law office, you should be very leary about answering these questions. Remember that they are optional, unless forced by the courts. In any event, if you're uncertain you can always consult with an attorney.

Regards-
Mike

Concerned, you definitely need to get qualified legal assistance. If you are unable to afford an attorney, you may be able to get some legal aid type assistance in your state. Usually you can find a link by googleing your state and the words free legal aid.. like this washington free legal aid.. if you nede help let me know what state you live in and I will find it for you.

When you're being sued, the first thing to remember is that it's basically designed to be a logical process, and if you get wrapped around the axle emotionally, then you're almost certainly going to lose, because you'll be focused on the wrong stuff and will miss that which is really important.

Ok, are they entitled to make you answer a bunch of dam'fool questions? Probably. It depends on what court you're in, and in what state. Interrogatories are questions directed to a party as part of the "discovery" process. Discovery is designed to help each side prepare for trial. You can send the plaintiff discovery, too, including Requests for Admissions, Requests for Production of Documents, Interrogatories, and you can depose the plaintiff or other witnesses, as well as interrogatories of your own.

The lowest level of trial court usually doesn't have a provision for discovery. Most states, in my experience, have two levels of trial court, there's a "court of record", often called the Circuit court (Supreme Court in N.Y.) in which all the really important, big-money civil cases are tried, as well as criminal cases for things like ****
, robbery, and murder. The lower court usually is not a court of record, and they deal with the traffic tickets, misdemeanors, preliminary hearings, landlord/tenant stuff, and smaller dollar value civil cases. There is always discovery in the courts of record, almost never in the lower courts. So, look at the first piece of paper you got served on you, it should have some kind of paperwork attached with a signature of a clerk of court or deputy clerk. The name of the court will be on that paper. Call the clerk's office for that court and find out if it's a court of record (and anything else you're curious about, for that matter, keeping in mind that they're not lawyers and cannot give you legal advice). Then, see if you can find out on the internet whether the rules of civil procedure permit discovery in that court. I suggest going to court and watching a day of trials and hearings in cases like yours - you may see a sympathetic lawyer (i.e., one who represents defendants) who'll tell you what's what for free in the hallway after a hearing (if he blows you off, just ask another one).

You almost certainly have a limited amount of time in which to prepare and file a written response to the plaintiff's initial pleadings; and if you don't do it, that's going to give the plaintiff a slam dunk.

Btw, file a motion for monetary sanctions against the law firm - if they filed suit against the wrong person as a result of a failure to figure out whom to sue correctly, that's a waste of your time and the court's time, and the citizens' tax dollars. You lose time from work, have to hire a lawyer (you really, really should, you know), you're entitled to recover all that back. If you take active steps to defend yourself promptly, on the theory that they're suing the wrong person, they'll almost certainly back off pretty quickly.

But the simple answer is, you probably do have to answer the interrogatories. Remember that you don't have to be right to sue someone. Anyone can go down to the local court house and sue anyone at anytime for any reason (of course, if it's a bad reason, there's always sanctions). It's up to you to defend yourself and if you fail to do it, then they can get a default judgment and you'll have to pay it. You can protest the injustice of it to the high heavens, but you'll pay that judgment. Btw, in most courts, you can't get a default judgment against someone for a failure to answer interrogatories, but you can get them held in contempt for failure to respond, and one of the sanctions available in that case (aside from a small amount of jail time) is summary judgment.

Please, please, please, find a good trial lawyer who defends people in civil cases (other than an insurance company defense lawyer) and buy half an hour of his/her time (the appropriate pronoun for me, btw, is "he"), to get some straight stuff about your situation. (Hint: If you call lawyers who do personal injury work in your area, and ask them whom they'd hire to defend them if they were sued for the debts of another person, after a while, the same two or three names will keep coming up. Call one of those two or three attorneys.)

My email address is available, you can click one of the three icon things at the bottom of the message, or the "author's kit" thing on the upper left, if you like. Anyone can feel free to email me; after all, the worst that could happen is that I might choose not to reply. And, of course, I can't practice law outside of Virginia (although I am admitted to practice in the U.S. Fourth Circuit Court of Appeals and the U.S. Supreme Court, which sometimes takes me outside of Va. - one time I had to drive to South Carolina for a hearing before the 4th C., because that's where they happened to be sitting on the day my hearing was scheduled. What a pain. Lost on that one, too. And I usually tell people I don't go to court South of Petersburg, Va.)

[color=Red]****Adult term removed - Jason[/color]

Thank you very much, Virginia-Legal-Defense I am certain that your advice and information came to be good medecine for Concerned, and now Concerned can properly prepare to take this head on and prove them wrong.

jj - that was a good post. Many write about contacting a Lawyer but how do you pay for it? If someone is being sued for a debt then they most likely do not have the disposable income on hand to pay for a Lawyer.

Help with finding free legal advice is much needed around here.

A good place to start is www.lsc.gov - that's the website for the Legal Services Corporation; they have branches just about everywhere, and that website gives a way to find someone in your state. You can also use a search engine for your own state with the phrase, "legal services corporation".
(Obviously, they have a greater presence in more populous areas.) They are chronically underfunded, and have a hard time keeping up with the workload, so be patient with them. They provide free or nearly-free legal service to people who can't pay. My experience with the quality of the legal work has always been positive, although their waiting areas are cluttered and not as clean as one might like, and getting through to a lawyer isn't as easy as one might like, again, because of the workload and lack of adequate funding.

Secondly, call the local office of the bar association. In some states, the bar association is a statewide thing, in others, it's county-by-county. Either way, they almost always have a lawyer referral service, and can usually help find special arrangements for people who can't pay the usual rates. The quickest way is to check a search engine online for the state and county, with the terms, "bar association", e.g., "madison county indiana bar association". You may find either a county bar association or a state association or both, but it'll give you a path.

Call local law schools. Many have a program whereby law students in the last year of study can take on cases under the supervision of a practicing lawyer. They can often do better for you than a more experienced lawyer because (1) they don't know what they can't do yet and (2) they're motivated to work hard.

Call your friends and relatives and ask them if they know any attorneys who are any good. Call those attorneys and ask them if they do the kind of work you're looking for. If not, ask them for a referral.

In many cases, you'll be following what in data-processing terms is called a "linked list" - that is, each call will get you a phone number to call, until you get to the person who can help you. It may take you forty or fifty calls, but if you need help at a reasonable price, you'll put forth the effort. But remember, there's a difference between a "discount lawyer" and "discounted-price legal services". Lawyers are like anyone else - some of them are really good, some are really bad, and most are average. Don't be afraid to show up and talk to several of them, but one piece of advice - don't try to sell a lawyer on taking your case by telling him it's going to be precedent setting, in the interests of justice, or good for his career. Any lawyer who'd be good enough to represent you has a builtin crap-detector. The people who really turn me off want justice, want it now, want it on their own terms, want it to be free, and want me to get it for them because I'm "a professional". If you're asking for a favor, don't be afraid to ask, but don't load up your request with a bunch of hooey, because that's a sure path to rejection. Like B.B. King said in a song, "don't be too proud to beg" - if you need help, ask for help. God will provide someone who will help (regardless of what anyone thinks "god" represents).

That is a classic scare tactic for a collection agency. Do not send them any personal Info! Send them a certified letter stating that you are not responsible for this debt & that if they do not cease contacting you, you will contact the Federal Trade Commission & file a complaint. If they continue to harrass you after that, you have grounds for legal action vs. them under the fair credit act.

The last comment is way wrong. Don't ignore legal proceedings or you will loose. You have to participate in the legal process. If you disagree with the discovery request then you have to file a motion or objection. Just ignoring it and refusing to particpate means you will loose. When you loose they get a judgment and then can start taking your assets. Don't ever listen to anybody who tells you to ignore legal proceedings. Terrible advice.

Quote:

I am in need of help, got mail saying i missed a court date with pressler and pressler for a debt they say i owe. My mistake was trying to pay off something i did not owe, we are in a recession and i need all my money, they want to settle for half and i already paid about 2.000.

We need ALOT more information about this.... A LOT. what was the court date for? did you receive a summons? if so, when? what do you mean when you say you tried to pay something you didnt owe? why dont you owe it? how much is owed and for what.... and so on and so forth..

i also received an "information subpeona" from Pressler & Pressler, are they allowed to act as lawyers AND as debt collectors in NJ? there is a judge in NJ who just signs thousands of orders with a threat to arrest if you do not comply with giving them your private information, a definite LOOP HOLE that they figured out in the system. pure scum . they do not have to prove that you even received and of their mail - the judge still signs the orders- they must be violating people's rights with their practices, if they are not - there should be a law to stop this from happening to unsuspecting victims- there is no mention of where the original debt came from and no opportunity to defend yourself if you no longer receive your mail from your old address. I would like to pursue a case against them!

they are also taking money out of bank accounts with judges help in allowing this practice! People were never properly "served" and are not aware of any court date! How can this be happening??? when were citizens found "guilty" without having a right to prove their case and defend themselves??

Pressler & Pressler are corrupt and their cases are all fraudulent. They sit on the committee that makes the rules of the Special Civil Part of the New Jersey Court System. They pay off judges and court clerks. They operate in New York as well. Attorney General Andrew Cuomo of NY threw out over 100,000 judgments by them based on the defendants not being served the summons and complaint and he is going after them for more charges. New Jersey Attorney General, Anne Milgram, and the new one ?? don't do a thing about these criminals. You should write to the Supreme Court Justices in New Jersey. I think there are six of them, and one Chief Justice, Stuart Rabner. They are allowing this to go on and on. They can''t make you fill out interrogatories that make you incriminate yourself. They are asking you to give them the proof they should have had to file the case. They can't threaten you with jail. It's against the law. Read the Federal Debt Collection Practices Act. That is your protection. The laws are in place. It's the Special Civil Part of the Law Division that doesn't enforce those laws in place to protect the citizens of the United States. All your rights are being violated. There is no due process. It's insane that nobody will stop this.

I was fortunate enough to defeat Pressler & Pressler in court. Approximately 10 days later I received a letter from "New Century Financial Services" (Pressler & Pressler's front company) stating that the court documents I filed contained "errors" in spite of the fact that a judge and clerk agree my papers are in order. Pressler & Pressler is a desperate company that will stop at nothing to bilk you out of your money. Contact the Federal Trade Commission, FBI and Postal Inspector if these "people" approach your for payment. In my opinion they take deceit, fraud and unethical practices to a new level. Beware.

hey im one of the presslers umm i never heard of this please fill me inmy email is ((removed for your protection--Goldenbast))

They are talking about a law firm known as Pressler & Pressler....I don't think they are talking about you unless you are one of these lawyers.

I am experiencing the same problems with those scumbuckets as well. Back in June, 2010, I received a Notice to Sue from them on an old debt. The exact same day, I received a letter from them requesting a settlement. I called them & made payment arrangements of $50.00 per month, which started the end of June. Two months later, because I refused to sign one of their bogus stipulation letters, they sent me a letter cancelling the payment arrangement & said they will continue to pursue the debt in court. I then answered the court & filed a Motion to Vacate & attached copies of all the cancelled checks (It should be noted that I am sending them checks through my bank's BillPay service; I refuse to give them my bank account number). The judge actually approved the Motion to Vacate, believe it or not. But P&P is still NOT done - A few days ago I was sent another document to sign called a "Consent Judgment and Order of Income Conditionally Withholding Execution". The dollar amount they claim I owe is more than what I had paid on the debt. They are still calling, harassing me about the payments. I wanted to ask the following questions:

1) What exactly is the document they're asking me to sign?

2) Do I have to sign it? I know they can't garnish my unemployment benefit, but my checking account is a joint account with my husband. Plus I thought the approved "Notice to Vacate" by the judge keeps them from suing me in court (NJ Small Claims - Civil Part), Is there anything I can do to keep them from harassing me any further? I can't afford Legal Aid or any attorney due to our income.

No you do NOT. Do NOT sign anything! The judge vacated the motion. A consent judgment is basically you agreeing to a judgment without your day in court. DO NOT SIGN IT.

Have they ever even validated the account? Do you have this payment arrangement in writing with a specified amount you must pay back? If not, they will claim fees, interest, blood of your first born.....seriously.....unless your arrangement spells out everything clearly, they can and will keep tacking on charges so that you will never be done.

Actually....I read that they canceled the payment arrangement? Hmm...use this opportunity to demand validation before you pay one other penny. (if you haven't yet)

Please give us the details of this account, when was the last time you made a payment on it (besides the payments currently being made), what state are you in and does the amount they claim you owe actually the amount you originally owed?

I am thinking you got scared into this arrangement..which they seem to have canceled BTW....there may be options for you.

Thanks for responding so quickly! The Notice to Sue and their letter I received the same day had my debt as: $683.02. I made payment arrangements of $50.00 per month (all I could afford), which started on 6/25/2010. On the letter dated 8/11/10, they had the debt owed as $707.77 plus interest. It also said in the letter that the arrangement made on 6/14/10 was deleted; even though I have been making payments as scheduled, failure to return their signed contract is viewed as a default in my arrangement & this office is proceeding with legal action. I was pissed off and filed a Motion to Vacate Judgment to the Small Claims Court/Special Civil Part in New Jersey. I attached all of my documentation at that point, including copies of the cashed checks from BillPay. On September 24th, the Judge overseeing this suit as follows, and I quote: ".ON THE 24TH DAY OF SEPTEMBER 2010, IT IS ORDERED THAT DEFENDANT'S MOTION TO VACATE THE DEFAULT ENTERED IS HEREBY GRANTED, THE ANSWER ATTACHED TO THE MOTION SHALL BE DEEMED FILED. IT IS FURTHER ORDERED THAT A COPY OF THIS ORDER BE SERVED BY THE MOVING PARTY UPON ALL OTHER PARTIES OR THEIR ATTORNEYS, IF ANY, WITHIN 10 DAYS OF THE DATE LISTED ABOVE." It goes on to say this motion was opposed, then signed by the judge.

Well they keep sending me that Consent Judgment to sign, and I have not signed it. I am still paying them because if they again bring this to the Court, I have proof the debt is being paid. According to my records, the debt was $683.02. I have paid so far $375. I still owe $308.02. But they claim I owe $462.02 because they are not crediting the payments I made from June - August based upon the letter I referenced earlier. They are aware that the judge granted my Motion to Vacate, but they apparently don't care. It should also be noted that NJ is lax to debt collectors, as an earlier poster indicated. How things stand now is that I am still refusing to file the papers, they are calling me harassing me to file them, and every month they call harassing me about the payments being late when they know full well that the payments are set on a schedule. One of my bank reps had to set them straight because they claimed a payment was not sent out when in fact i was sent out & CASHED by their office!!!! Any help (short of sending a Tomahawk missle through their offices) would be appreciated.

Ok...fishy fishy fishy!

What kind of debt was this originally? Basically for them to charge you anything above the original amount it would have to indicate this in the contract/agreement depending on what type of debt this is, for example..medical debts can't accrue interest unless the papers you signed specifically states such.

This bogus suit with them no crediting the payments is HIGHLY suspicious! You should send them a debt validation letter..what if they aren't the legal company that can collect???? You need to be sure! Plus, it sounds like this arrangement is a verbal one...they can and will try to change the terms etc.

Honestly I would stop payments until you have validation....even were they to take you to court again you can explain all this to the judge and show him the copy of the debt validation letter and the copy of the letter they sent canceling the payment arrangement..THEY canceled it..not you! You simply used this opportunity to send out the validation request.

In the letter you ask for documentation to support their claims...also inform them that you will not pay them again until they have done this and should they attempt to sue you on it again, you will demand this information in court and will also countersue them for all the money you paid already PLUS the violations if they do not validate the account.

Ask for:

* last statement or final bill proving the amount owed.
* Signed contract/agreement that allows them to charge interest and/or other fees.
* proof they are the legal entity that can collect upon this account.

You are NOT required to take their word for it...they MUST prove it with documentation from the original creditor.

Keep all your documentation that you have so far including any and all letters they have sent you, especially the one canceling the payment arrangement..they canceled it which means THEY canceled you having to pay them on THAT arrangement.

Also in the letter put in a limited cease & desist, basically stating that you want to deal with them solely by US Mail....no more phone calls. If they continue to call you make a note of it (and get a copy of your call records from your telephone service provider). Sometimes a judge will accept the limited was in effect, some won't (as far as violations go) but you can easily prove that this company is intimidating you and harassing you...also show the judge those consent letters they keep trying to send...

you CANNOT request a partial cease and desist...it is all or nothing. There is nothing in the FDCPA that states you can request "Mail Only"

That is true BUT it depends on the judge....my judge accepted the limited cease & desist when I explained that I put that in the letter because they were calling constantly and threatening me and pressuring me...the judge did accept that they should not have called when they were told not too.

As I said, it depends on the judge.

The debt was for an Aspire Visa. I was current on it until a maternity leave & job loss immediately afterwards caused me to get behind.

Alright then you want what I suggested above, the statement, the agreement and the right to collect. You could also call visa and ask them who is handling your account or who they sold it to if sold. That way if they say another company, you have even more solid reasons to ask for the validation...since VISA claims differently then they do (they may have bought the debt from another company and so on and so forth).

Well, I have prepared the letter & will mail it return receipt requested. Then see what happens. I suspect they will not be happy about this, but oh, well, tough you-know-what.