Complaint Review: Presler & Presler

Once again, this cubicle occupant "BillColl01" proves that he cannont read and comprehend what is actually written. But how can you take anyone seriously that types in all caps.

"BillColl01" was a collector for NCO. The largest violator of the FDCPA in history! They have the most incompetent people working there. Crackheads, felons, etc. This is a fact. They are genuine idiots.

Now, I have a genuine idiot trying to correct me. OK. Here goes.

1. Collection agencies get garnishments all the time by means of fraud. It is called "sewer service" and is common practice amongst bottomfeeders who know they could not win the case on its merits ie being past SOL, etc.

Although they "file" a lawsuit, the debtor is not actually ever sued. They are "served" at a KNOWN bogus address where the bottomfeeder knows they will not recieve it, and therefore will not respond. Then they move for the default judgement, and subsequent garnishment.

Therefore people DO get garnished EVERY DAY [illegally] that have never been sued.

2. "Post Charge Off" interest IS regulated by federal law, and at last I checked it was somewhere between 6-8%. Notice the key words here. "POST" charge off interest, and "FEDERAL" law.

Therefore, the examples you cited are just mindless jibberish due to a crack pipe, and lack of education. The terms of the original contract ONLY are in effect up until charge off. After charge off, the interest and fees in that original contract go out the window, and "post charge off" rules apply. This was the purpose of the federal law that mandated a charge off after 180 days delinquent. It is a consumer protection law.

"Collection Fees" can NEVER be passed onto the "debtor" by the collection agency. This is ILLEGAL. Although this doesnt stop bottomfeeders from trying it. it is still illegal. I have had this one in the courtroom already. You are wrong.

The collection fees you are speaking of are PRE CHARGE off and PRE sale to a bottomfeeder. Again, learn how to read exactly what was written before spouting off.

Some states have laws on the books that can actually be less than the federal max, but no state law can exceed the federal max. For the states who have no state law on this, federal law applies.

Oh yeah, one more thing. Please tell me what state you passed the bar in, and your bar#. You imply that you are an attorney, right? When you talk about me not going to law school, that was the implication, right?

FYI..the $1000 from $200 was clearly stated as interest. The op said nothing of collections fees and/or legal fees, etc. INTEREST was clearly stated. Again, learn how to read AND comprehend. I know that hitting that crackpipe in your cubicle makes this difficult, but please try.

OH yeah, it makes no difference what you negotiate with a colector or creditor. Paying on a POST CHARGE OFF debt can NEVER help your credit score, and can NEVER eliminate or affect that charge off entry. Paying on a charge off can ONLY hurt your credit score. This is up to the credit bureaus. NOT the collector or original creditor. Again, you have no idea of what you are talking about.

AND, I know all about BK. I filed in 1986. Been there, done that. And, had I known then the things I know now, I would have never done it. It was a mistake. It is a 10 year scar, regardless of what any of your fellow crackheads tell you. And, it disqualified me from a good federal job. There are many adverse consequences to BK. The only time a BK should be filed is if you have property to protect. If you have nothing, there is nothing to get, so you are better off just walking away and dodging bottomfeeders for a few years. Again, I have done this with 100% success in 2002. Now all debts are past SOL, and are totally uncollectable.

Oh yeah, one more thing..You failed to read the Florida Homestead Act as it applies to collections. $1000 of vehicle value is exempt from civil garnishment / siezure. And, if you are homesteaded, NO liens can be filed on your home for any civil judgement unless the money was for something that actually went on your home..Sorry, once again, you are wrong. Typical uneducated crackhead.



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Billcoll01
MESA, Arizona
U.S.A.

WOW STEVE, YOU MUST HAVE BEEN ASLEEP IN LAWSCHOOL, OH YEAH YOU DIDNT GO!
IF THIS GUY IS BEING GARNISHED, HE WAS SUED! PERIOD! MAXIMUM INTEREST IS NOT SET BY FEDERAL LAW OR THERE WOULD BE NO SUBPRIME LOANS LIKE 20% INTEREST AUTO LOANS. THE RATES ARE SET BY A. THE CONTRACT & B. STATE MAXIMUM FOR EXAMPLE THE MAXIMUM IN AZ IS 30% ALTHOUGH PAYDAY & TITLE LOANS ARE UNLIMITED BECAUSE THEY DONT CHARGE INTEREST BUT RATHER A 'FEE'. SPEAKING OF FEES, COLLECTION FEES ARE ALWAYS LEGAL AS LONG AS IT WAS IN THE ORIGINAL CONTRACT & STATE LAW ALLOWS THE BANK TO CHARGE THEM. THE FEES ARE NOT PAYABLE TO THE AGENCY BUT RATHER THE CREDITOR AS THE FEES ARE A LOT OF TIMES HIGHER THAN THE AGENCY CHARGES TO COLLECT. WHEN I DID STUDENT LOANS, THE DEPT OF ED CHARGED 25% OF THE BALANCE AS A COLLECTION FEE & THE AGENCIES GOT 10% OF THE COLLECTED AMOUNT. I THINK HE GOT OFF LIGHT AT 1000 DUE TO WHAT LAWYERS CHARGE. THAT TOO CAN BE PASSED ON TO THE DEBTOR! THE SOL AT THIS POINT IS MOOT DUE TO THE FACT THAT THE JUDGEMENT & GARNISHMENT IS ALREADY IN PLACE. HIS ONLY LEGAL RECOURSE IS TO PAY AN ATTORNEY 1500.00 TO 3000.00 TO GET THE JUDGEMENT VACATED & SET A NEW TRIAL. I DONT KNOW ABOUT NJ, BUT IN MOST STATES, THEY CAN SERVE PROCESS VIA PUBLICATION ONCE THEY HAVE ATTEMPTED TO SERVE THE TRADITIONAL WAYS.
YOU ALSO NEED TO LEARN BK LAWS BEFORE GIVING ADVICE. ONCE A CHAPTER7 IS COMPLETE, THE CONSUMER QUALIFIES FOR MANY LOAN PRODUCTS WITHIN 90 DAYS.

PAYING A CHARGEOFF MAY NOT HURT YOUR CREDIT IF YOU NEGOTIATE A DELETION WITH THE CREDITOR, ALTHOUGH THIS NEEDS TO BE DONE PRIOR TO SALE TO A 'JUNK BUYER'. 'Garnishment maximum amounts are set by each state. For example, here in FL it is only 25%, unless you are the 'head of household'. Then they get NOTHING. Also, the first $1000 of vehicle value is exempt.' TOTAL UNEDUCATED DRIBBLE! IN FL, THEY CAN ONLY GARNISH OR LIEN 2 WAYS A. IF IT IS A FOREIGN JUDGEMENT(SUCH AS OJ AS HIS JUDGEMENT IS FROM CA) B. THEY CAN GARNISH OR LIEN ONLY A SECONDARY INCOME OR RESIDENCE. NJ LAW IS 10% gross 25% of disposal earnings whichever is less but no execution on gross wages of $154.50 or less a week (Source: 15 USC, 1671 et seq,: 29 C. F. R., 5870; N.J.S.A. 2A: 17-50). THE EXEMPTION IS ONLY IF THE PERSON MAKES 154.50 A WEEK OR LESS NOT ON THE 1ST 142.50 OR EVEN THE 1ST 154.50 IF THIS GUY MAKES 155.00 A WEEK, HE WOULD QUALIFY AS ABOVE. WHERE DID YOU GET 6%? POOR OUTING THIS TIME STEVE-O! STICK TO SELLING TV'S AT RAC.

>>End of crackhead drivel>>.

So, BillColl01", it seems that in every instance of you trying to correct me, I have proven you wrong, once again. Go back to your cubicle now. As far as FL laws go. I live in FL and have used every one of the laws I have quoted in actual florida courtrooms, and have prevailed EVERY time. Representing myself, against collection "attorneys". So who REALLY knows what?

Actually, Bottomfeeder Bill is correct that if the wages can only be garnished if the OP has been sued. The questions remains, was the suit 1) lawful and 2) was the suit proper.

There are a number of questions I would ask the OP: How old is the debt? Is it past the statute of limitations for NJ (6 years)? Did you get sued? If so, was the service proper? Was the amount the lawyers demanded for their fees allowable?

Bottomfeeder Bill says (excuse the caps, Bill likes to shout - comes with the profession I guess): HIS ONLY LEGAL RECOURSE IS TO PAY AN ATTORNEY 1500.00 TO 3000.00 TO GET THE JUDGEMENT VACATED & SET A NEW TRIAL and THE SOL AT THIS POINT IS MOOT DUE TO THE FACT THAT THE JUDGEMENT & GARNISHMENT IS ALREADY IN PLACE.

Actually, you don't need an attorney. You can do this Pro Se. There are a ton of websites that can show you how to do this. If the OP can prove that the law suit was improper he has a good chance of having the award vacated. Then the SOL would certainly be an important point.

BFB: DONT KNOW ABOUT NJ, BUT IN MOST STATES, THEY CAN SERVE PROCESS VIA PUBLICATION ONCE THEY HAVE ATTEMPTED TO SERVE THE TRADITIONAL WAYS.

According to NJ Rules of Civil Procedure, service must be attempted in traditional ways, i.e. personal service, mail,

Summonses shall be served together with a copy of the complaint, by the sheriff, or by a person specially appointed by the court for that purpose, or by plaintiff's attorney or the attorney's agent, or by any other competent adult not having a direct interest in the litigation. If personal service cannot be effected after a reasonable and good faith attempt, which shall be described with specificity in the proof of service required by R. 4:4-7, service may be made by registered or certified mail, return receipt requested, to the usual place of abode of the defendant or a person authorized by rule of law to accept service for the defendant or, with postal instructions to deliver to addressee only, to defendant's place of business or employment.

So, the question I would ask the OP how were you served notice? If you were not served in person, or by mail, and Presler served you by publication, they may very well have committed perjury by swearing that they could not find you. All you need to prove that you were available by mail is copies of current bills, i.e. utility bills. If you are getting these bills in the mail, then you should have gotten the notice of the lawsuit.

BFB said: MAXIMUM INTEREST IS NOT SET BY FEDERAL LAW.

No, it is set by state law. In NJ the court will set the rate of interest.

BFB said: THE FEES ARE NOT PAYABLE TO THE AGENCY BUT RATHER THE CREDITOR AS THE FEES ARE A LOT OF TIMES HIGHER THAN THE AGENCY CHARGES TO COLLECT. WHEN I DID STUDENT LOANS, THE DEPT OF ED CHARGED 25% OF THE BALANCE AS A COLLECTION FEE & THE AGENCIES GOT 10% OF THE COLLECTED AMOUNT. I THINK HE GOT OFF LIGHT AT 1000 DUE TO WHAT LAWYERS CHARGE. HAT TOO CAN BE PASSED ON TO THE DEBTOR!

Spend some time reading Spears v. Brennan. The court ruled:

Brennan was not prohibited as a matter of law from seeking a contingent fee, but he was required to present other objective evidence of reasonableness in order for the attorney's fees to be added to the judgment against Spears.

Furthermore: where such a fee is subtracted from the amount recovered, the third-party debtor is unaffected by the fee agreement. We noted, however, that it is an entirely different matter when the fee is added to the judgment against the debtor, as was the case here. Under such circumstances, the debtor has a direct pecuniary interest in how the fee is determined. Id. Thus, a one-third contingent fee that is reasonable when deducted from a client's recovery may be unreasonable when added to a debtor's judgment.

As far as Garnishments, in NJ: Garnishment may not exceed 10% of gross salary. Monies may not be withheld if disposable weekly earnings are less than $154.50 per week or $309.00.00 every 2 weeks

The OP has some work to do. I would recommend that you go find an attorney and asked him to look at the suit, if there was one, and the judgment. There are too many questions that need to be asked.

IF THIS GUY IS BEING GARNISHED, HE WAS SUED! PERIOD! MAXIMUM INTEREST IS NOT SET BY FEDERAL LAW OR THERE WOULD BE NO SUBPRIME LOANS LIKE 20% INTEREST AUTO LOANS. THE RATES ARE SET BY A. THE CONTRACT & B. STATE MAXIMUM FOR EXAMPLE THE MAXIMUM IN AZ IS 30% ALTHOUGH PAYDAY & TITLE LOANS ARE UNLIMITED BECAUSE THEY DONT CHARGE INTEREST BUT RATHER A "FEE". SPEAKING OF FEES, COLLECTION FEES ARE ALWAYS LEGAL AS LONG AS IT WAS IN THE ORIGINAL CONTRACT & STATE LAW ALLOWS THE BANK TO CHARGE THEM. THE FEES ARE NOT PAYABLE TO THE AGENCY BUT RATHER THE CREDITOR AS THE FEES ARE A LOT OF TIMES HIGHER THAN THE AGENCY CHARGES TO COLLECT. WHEN I DID STUDENT LOANS, THE DEPT OF ED CHARGED 25% OF THE BALANCE AS A COLLECTION FEE & THE AGENCIES GOT 10% OF THE COLLECTED AMOUNT. I THINK HE GOT OFF LIGHT AT 1000 DUE TO WHAT LAWYERS CHARGE. THAT TOO CAN BE PASSED ON TO THE DEBTOR! THE SOL AT THIS POINT IS MOOT DUE TO THE FACT THAT THE JUDGEMENT & GARNISHMENT IS ALREADY IN PLACE. HIS ONLY LEGAL RECOURSE IS TO PAY AN ATTORNEY 1500.00 TO 3000.00 TO GET THE JUDGEMENT VACATED & SET A NEW TRIAL. I DONT KNOW ABOUT NJ, BUT IN MOST STATES, THEY CAN SERVE PROCESS VIA PUBLICATION ONCE THEY HAVE ATTEMPTED TO SERVE THE TRADITIONAL WAYS.
YOU ALSO NEED TO LEARN BK LAWS BEFORE GIVING ADVICE. ONCE A CHAPTER7 IS COMPLETE, THE CONSUMER QUALIFIES FOR MANY LOAN PRODUCTS WITHIN 90 DAYS.

PAYING A CHARGEOFF MAY NOT HURT YOUR CREDIT IF YOU NEGOTIATE A DELETION WITH THE CREDITOR, ALTHOUGH THIS NEEDS TO BE DONE PRIOR TO SALE TO A "JUNK BUYER". "Garnishment maximum amounts are set by each state. For example, here in FL it is only 25%, unless you are the 'head of household'. Then they get NOTHING. Also, the first $1000 of vehicle value is exempt." TOTAL UNEDUCATED DRIBBLE! IN FL, THEY CAN ONLY GARNISH OR LIEN 2 WAYS A. IF IT IS A FOREIGN JUDGEMENT(SUCH AS OJ AS HIS JUDGEMENT IS FROM CA) B. THEY CAN GARNISH OR LIEN ONLY A SECONDARY INCOME OR RESIDENCE. NJ LAW IS 10% gross 25% of disposal earnings whichever is less but no execution on gross wages of $154.50 or less a week (Source: 15 USC, 1671 et seq,: 29 C. F. R., 5870; N.J.S.A. 2A: 17-50). THE EXEMPTION IS ONLY IF THE PERSON MAKES 154.50 A WEEK OR LESS NOT ON THE 1ST 142.50 OR EVEN THE 1ST 154.50 IF THIS GUY MAKES 155.00 A WEEK, HE WOULD QUALIFY AS ABOVE. WHERE DID YOU GET 6%? POOR OUTING THIS TIME STEVE-O! STICK TO SELLING TV'S AT RAC.

Bowlinggod,

First of all, no one can get a judgement or garnishment againt you without first suing you, and winning. Did they sue you? Did you get a summons? Did you go to court? These are all important questions as they will determine what your recourse is.

Second, $200 most likely could not legally reach $1000. That would take a very long time. For the first 180 days after default the original contract applies. This is the federally mandated charge off period. At this point, the only interest that can be charged is the federal max which is like 6-8%. Thats it. No more "fees" of any kind. And, "collection" fees by a collection agency are ALWAYS illegal. Those fees can NEVER be passed on to a "debtor".

Third, there is the statute of limitations to deal with to see if they could have even sued you LEGALLY. The SOL in NJ is 4 years on credit card debt from date of default.

This guy [below] has no idea of what is going on!

By the time your debt is in default long enough to be charged off, your credit cannot be hurt anymore by that item. Only a BK scores worse than a charge off. And, after charge off, as the years go on towards the 7 year reporting max, your score actually will improve if you leave it alone.

Paying a charged off debt will actually hurt your credit more than just letting it go, and the person who actually lost the money will never see it. The money will go to some junk debt buyer who bought the debt for pennies on the dollar!

If you have no assets that can be siezed, you are better off just letting it go and risking the garnishment, as that amount will be substantially less per week than what the "attorneys" / collectors / bottomfeeders would ever settle for.

Garnishment maximum amounts are set by each state. For example, here in FL it is only 25%, unless you are the "head of household". Then they get NOTHING. Also, the first $1000 of vehicle value is exempt.

In NJ, the first $142.50 of your gross pay is exempt from garnishment. After that they can only get 10% of your gross. The max interest is 6% in NJ on charge off debt judgements.

Of course, the court will generally award REASONABLE attorney's fees and court costs, but that is not automatic.

If the proceedings against you were not done properly, you can get the judgement/garnishment order vacated. They lose. Then you sue them and file a bar association complaint against the "attorney" involved.

Pressler and Pressler are GENUINE lowlife. It is almost guaranteed that they violated the law in getting that garnishment. I would bet money on it.


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It..is..what..it..is..
Parsippany, New Jersey
U.S.A.

Debt to pressler what you can do
I work in the mortgage business, so i have dealt with pressler & pressler personally. They are attorneys that represent creditors and collection agencies for claims on debts that, after all attempts to collect the debt by the original creditor (credit card medical bill etc) --Normally after a period of 120 days or more the debt becomes whats called a 'charge off' which is a loss and write off (financial loss written off at tax time) and then the debt is either forwarded on to the creditors internal collection agency or an outside collection agency buys the 'debt' from the creditor and attemps to collect it, many people feel threaned and pay at this point because collections are not good for your credit at all.

If the collection goes ignored and unpaid after some time, it is then forwarded to an attorney that will then represent the plaintiff by filing a judgement against the defendant (your wife in this case) When the judgment is filed you recieve a letter in the mail to notify you of this disclosing to you that since all attemps to collect the debt have previously gone ignored that the attorney represnting the creditor will make any attempt to collect the debt, which can be a seizure of assets, a lien agains owned real estate or property, or wage garnishment.

The judgement is then filed and recorded with the county court house and until paid will remain open as a judgment against the defendant in the public records section of the defendants credit report.

Unfortunatly, if you (or your wife) did not pay these credit cards and still owe the $200 (amount of the initial debt on the credit card) it is not surprising that it has now ballooned to almost $1000 in debt, because there is an amount of per diem interest added (interest per day) for every day the debt goes unpaid, and once it is being handled by an attorney there are also attorneys fees owed on top of that, which is what is paid to the plaintiffs attorney (pressler & pressler) for their part in the debt collection process, the filing of the judgment, and once paid in full, they issue a warrant for release of the judgement.

Garnishments are normally court ordered, and whether you show up to court to agree with the terms of the order or not cant change or avoid this. My suggestion is, before this gets worse, stop avoiding it and see (if you have some extra money to do this with) if you get in touch with pressler & pressler request for a written payoff on the judgement, it may take a few weeks to get but they have to provide this upon request, then (providing you have some extra funds in the bank) come up with a reasonble amount that you are able to pay $800 towards a debt of $1000, get in touch with pressler and tell them that you are willing to pay X amount to them immidiatly as a negotiation for the full amount due to settle the judgment for less than whats due.. many times they will allow this because it save them time, and effort and more legal fees to collect the debt over time, so many creditors will negotiate to settle for a payment of less than the total due.

This is really the only way you can save from paying the full $1000 that this has turned into, unfortunatly, if you owed the credit card $$$ and never paid it, it wont just go away, it will only get worse.

>>

I have tried to work with Pressler and Pressler I owe a debt but cannot afford to pay the whole debt offered them a reasonable payoff 3quarters of the debt I owe I was willing to pay they turned me down. I spoke to an attorney now I'm filing bankruptcy..If you cannot afford an attorney call legal aid or ProBono..

I work in the mortgage business, so i have dealt with pressler & pressler personally. They are attorneys that represent creditors and collection agencies for claims on debts that, after all attempts to collect the debt by the original creditor (credit card medical bill etc) --Normally after a period of 120 days or more the debt becomes whats called a "charge off" which is a loss and write off (financial loss written off at tax time) and then the debt is either forwarded on to the creditors internal collection agency or an outside collection agency buys the "debt" from the creditor and attemps to collect it, many people feel threaned and pay at this point because collections are not good for your credit at all.

If the collection goes ignored and unpaid after some time, it is then forwarded to an attorney that will then represent the plaintiff by filing a judgement against the defendant (your wife in this case) When the judgment is filed you recieve a letter in the mail to notify you of this disclosing to you that since all attemps to collect the debt have previously gone ignored that the attorney represnting the creditor will make any attempt to collect the debt, which can be a seizure of assets, a lien agains owned real estate or property, or wage garnishment.

The judgement is then filed and recorded with the county court house and until paid will remain open as a judgment against the defendant in the public records section of the defendants credit report.

Unfortunatly, if you (or your wife) did not pay these credit cards and still owe the $200 (amount of the initial debt on the credit card) it is not surprising that it has now ballooned to almost $1000 in debt, because there is an amount of per diem interest added (interest per day) for every day the debt goes unpaid, and once it is being handled by an attorney there are also attorneys fees owed on top of that, which is what is paid to the plaintiffs attorney (pressler & pressler) for their part in the debt collection process, the filing of the judgment, and once paid in full, they issue a warrant for release of the judgement.

Garnishments are normally court ordered, and whether you show up to court to agree with the terms of the order or not cant change or avoid this. My suggestion is, before this gets worse, stop avoiding it and see (if you have some extra money to do this with) if you get in touch with pressler & pressler request for a written payoff on the judgement, it may take a few weeks to get but they have to provide this upon request, then (providing you have some extra funds in the bank) come up with a reasonble amount that you are able to pay $800 towards a debt of $1000, get in touch with pressler and tell them that you are willing to pay X amount to them immidiatly as a negotiation for the full amount due to settle the judgment for less than whats due.. many times they will allow this because it save them time, and effort and more legal fees to collect the debt over time, so many creditors will negotiate to settle for a payment of less than the total due.

This is really the only way you can save from paying the full $1000 that this has turned into, unfortunatly, if you owed the credit card $$$ and never paid it, it wont just go away, it will only get worse.