- Report: #575058
Complaint Review: PRESSLER & PRESSLER - Parsippany New Jersey
Reported By:
Elisabeth -
Maplewood, New Jersey, United States of America
Submitted:
Updated:
-
Author Not Confirmed
Why?
PRESSLER & PRESSLER
7 Entin Road Parsippany, 07054 New Jersey, United States of America
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PRESSLER & PRESSLER Filed a Judgment which attached my exempt social security and workers' compensation payments from my bank accounts Parsippany, New Jersey
I told Pressler & Pressler I am exempt from judgments, because my sole income is from social security disability and workers' compensation. Ignoring this, they went to the court and filed for summary judgment and trial. They did not disclose to the court that money in my bank accounts is exempt, before they asked for Summary Judgment against me, and unlawfully seized my bank accounts, amounting to $1,392.93. Now, they are claiming I never told them that. They are asking for 3 months of bank statements, before deciding whether they will release my money. In the meantime, my checks outstanding will bounce, and big bank fees will be added to the $125.00 fee already seized from my account by the bank to process this illegal seizure.
The money they claim I owe was, I believe, charged off several years ago. The company, Capital One, told me I did not have another account with them several years ago, so I believe the amount Pressler & Pressler is claiming I owe is a complete fabrication on their part. After reading other complaints, I am more convinced this was an illegal lawsuit from the inception.
2 Updates & Rebuttals
anon
United States of AmericaBelated Information
#2Consumer Suggestion
Thu, January 27, 2011
As an employee of the court system in NJ, it is sad how often we see people in this exact predicament. I'm not sure how other states handle this, but in NJ you "must" respond to all court notices by writing or sending info to the court. Sending things to the plaintiff, in this case, Pressler & Pressler, can sometimes help depending on the case, but more often than not, it is the COURT that needs your input so that our officers do not collect the wrong funds, such as has happened to you.
Everything they filewith the court has a certain deadline. Often, they count on people not responding in time so that things like this happen. If all the court hasare Pressler's papers, that's what the court has to go by. I'm sorry for your frustration, and so I will offer a little helpful information. I hope it truly helps you and others in the same boat, but keep in mind that this info only applies to NJ. Other states/countries do differ in rules and procedures.
They filed for a bank levy with the court. Yes, you have exempt funds there, but they either don't know or don't believe that that is ALL you have there. Therefore, they filed for a bank levy. The court officer got that and took it to your bank. The bank froze the money and are waiting for the officer's instructions on the amount to take, if that amount is there. If you sent something to the court to respond to this, the court would ask you for three months bank statements and proof that the money is Social Security and Workers' Comp.. This is so the judge will know that that money truly IS what you say it is. If anything is incorrect or looks out of place in the records, you will then have a chance to argue that before the judge.
A note: going to court again may take care of this attempt to collect, but once thwarted with this, they are free to seek other ways until the judgment is collected in full-for however long the judgment lasts (20 yrs. in NJ)
If you are arguing the case itself, the case must be reopened. The original case may have been valid, or it may not; in any case, once judgment was entered, it became too late to argue that point. Please seek some form of legal counsel or consult the court rules for your location--the rulesshould be publicly available at your nearest civil courthouseor even online. There, you may find the info to reopen your case and fight the judgment. As it stands, they can make any and all attempts to collect until the court receives notice that the judgment is collected in full. If you have paper proofs of the debt being paid either partially or in full, please send them to the court. The judge can better render a decision if he/she knows the true status of the case.
Good luck with this.
Stacey
Dallas,Texas,
U.S.A.
and???
#3Consumer Comment
Sat, February 27, 2010
Did they serve you a subpoena for this court date??? Did you go or not?? This is one sleaze bag third party debt collection agency - go to www.budhibbs.com and www.consumerjustice.com for help
Sorry - good luck and fight back!
