The place for victims of
Pressler and Pressler
and their collection company
New Century Financial Services
After digesting the data that
is located here, please visit my other web site:
www
. Always Get Even .Com
PLEASE NOTE: From time to time the audio or PDF files here
become corrupted and unusable. I can only speculate how this happens. If you
notice a corrupted file, please email me ASAP and I will correct it.
The president of New Century Financial is Lee Pressler,
brother of Sheldon Pressler. Lee is a doctor in Morristown. He lives in Chester,
NJ. His office phone is 973-656-0600. Read more about Lees at work HERE.
This page
will give your more info on the type of person Lee is.
Pressler and Pressler is a partnership of lawyers who collect
alleged debts.
The principal is Sheldon H. Pressler of Hopatcong, NJ.
New Century is a front, for Pressler & Pressler
cannot buy alleged debts and then sue in their own name. They set up New Century
so they can buy debts which were written off by the original creditor. THIS IS
FRAUD!
DiscoverCard
may not own the debt it is suing you for!
Pressler can probably never prove the debt you are alleged to owe. None of us have a contract with New Century Financial Services. Most credit cards do permit the assignment of the account. They DO NOT permit the re-assignment of the debt. That is, the credit card company can sell or transfer the debt to another bank or collection agency. There is no authorization to transfer the debt to a third collector, such as New Century, unless the contract is produced to show that fact..
Look into "Void Judgments" for more info. If they have a judgment
against you, it is probably void! Even if you have a judgment against you it may be reversed through
a collateral action alleging fraud. File in the law division. You may get your money back if there was an execution or
levy. You may even ask for punitive and triple damages, costs and attorney
fees. I think your lawyer will love this as he can make a bundle also.
Pressler also helps make the rules of the court in which they practice.
LISTEN to Hudson County Judge John O'Shaughnessy and Pressler attorney Lawrence J. McDermott (of Livingston) AUDIO
Sounds great! But the judge, knowing he did not receive the appropriate documents, signed an order entering judgment.
Listen to my motion hearing to compel new century's answer to interrogatories!
When they sue you, they never or rarely attach a copy of the contract to the complaint. Nor can they produce anyone with first hand knowledge of the facts. WHERE IS THE PROOF?
Here is how they work. Usually, the original creditor is
required to write off the bad debt within 180 or so days. The original creditor, credit card or loan company sells
its list of bad debts to collection agency A who sells it to collection agency B who
sells it to collection agency C who sells it to New Century. New Century
usually
says in it's complaint that "we have purchased the debt" leaving the
impression that they bought it from the original credit card or loan company. They usually
do not have proof of the alleged debt (i.e. the contract) which is required,
nor can they prove that they are the new owners of the alleged debt. As
mentioned earlier, there is no authority to make more than one assignment. New
Century has NO standing to sue you.
This omission deprives the court of power to enter judgment. However they rely
on Rule 1:5-6(c) which provides that the clerk shall accept all papers for filing.
Clerks are known to refuse papers made by non lawyer litigants. If this happens
to you, get the clerks full name. I would then FILE A CRIMINAL COMPLAINT against
the clerk for "official misconduct." I would do this in the municipal
court.
I suspect that if they are suing you in the name of, for example, Greenwood Trust, the debt was written off but Pressler sues you in the name of Greenwood Trust and Pressler keeps ALL of the money they get from you. Read an actual federal complaint (in adobe acrobat format.)
Pressler is notorious for violating the Fair Debt Collection Practices Act (FDCPA). Would you like to read two federal FDCPA complaints? The first is here and the answer Pressler filed is here. The second FDCPA complaint is here. Both of these complaints were settled by Pressler. Here is a motion to compel answers to interrogatories which goes along with the first federal complaint. Here is how other interrogatories were answered. Here are some interrogatories YOU can send Pressler.
Recently, a criminal bank theft ring was uncovered whose stolen records may have been sold to Pressler. If you never provided your employers name or bank name to Pressler, they may have obtained this information from these stolen records. Whenever they are sued they quickly settled. Settlement keeps the details out of the public eye.
There is also an about Pressler's scam so many of the
judges in new jersey know the scam but cooperate fully!
The unpublished case is New Century v Sanchez, Morris County Special Civil, Docket no.: DC-2747-98.
Download your copy HERE!
(This is a 3 meg file and may take a while to download)
Pressler also does work for PALISADES COLLECTION LLC. The matter
of lack of proof of claim appears to be similar as above with New Century.
There is a recent Palisades Collection case decided in the NJ appellate division
and there is a case HERE from New
York.
You may have received a letter advising you that if you do not answer the
attached questionnaire, you may be arrested. This is partly a scare tactic. An
explanation of what happens is in THIS portion of a
court decision. The FULL decision is HERE.
In order to do this, Pressler must file a "motion to enforce litigants
rights." You will have the opportunity to file an opposition. This will
take a number of weeks to resolve. If I were to be arrested, I would then have the chance to indicate to the judge
that I have
never seen anything that proves the alleged debt that I am stated to owe, nor
have I seen anything that permits Pressler or New Century to have standing to
sue. Of course, I can always tell the judge that I will now comply and go on my
merry way. I suspect that I would have a cause of action for false arrest! I
would see a lawyer after the arrest!
If there is a judgment against you, you will have to challenge this through a motion to
show proof of claim and STANDING. If they have not
bought the judge (it may also be a corrupt law clerk,) the case should be dismissed, lest Pressler coughs up the
contract. You should be aware, although there are some good judges, most of
the NJ Judiciary is TOTALLY CORRUPT. NOTHING can
happen without the approval of a judge. The judiciary is headed by Chief
Justice Stuart
Rabner. The buck stops with him. He can end this baloney with a snap of his fingers.
It is the function of the judiciary to imprison you and to separate you from
your assets. I believe the plan is to not let you get away with not paying
your debts, even though there is no proof of the debt. The judiciary has
granted Pressler and certain other attorneys the right to collect the money
from you that you may have otherwise gotten away with. Even though this is
outright fraud, you will never see Pressler prosecuted.
The judiciary had a complete meltdown when I posted their home addresses on
the internet some years ago. They do not like the masses knowing where home
is. It was a very simple feat to research public records and learn where
everyone lives.
If you have recently been served or just received a summons and complaint from the court where Pressler is representing New Century, file this motion. I have never been to law school so if you're not sure this is right for you, then do your own research. If this motion is denied by the judge, then get a form of answer that is posted on the NJ Judiciary website. You can also purchase a very nice litigation package from THIS website. It costs $34.00 and apparently well worth it. I get NOTHING from this and have NO relation to the site. I think you should check it out.
If you already have a judgment against you the following will apply.
Default judgment in the Special Civil Part is regulated by Rule 6:6-3(a) which states:
(a) Entry by the Clerk; Judgment for Money. If the plaintiff's claim against a defendant is for a sum certain or for a sum which can by computation be made certain, the clerk upon request of the plaintiff and upon affidavit setting forth a particular statement of the items of the claim, their amounts and dates, the calculated amount of interest, the payments or credits, if any, and the net amount due, shall sign and enter judgment for the net amount and costs against the defendant, if a default has been entered against the defendant for failure to appear and the defendant is not a minor or incompetent person. If prejudgment interest is demanded in the complaint the clerk shall add that interest to the amount due provided the affidavit of proof states the date of defendant's breach and the amount of such interest. If the judgment is based on a document of obligation that provides a rate of interest, prejudgment interest shall be calculated in accordance therewith; otherwise it shall be calculated in accordance with R. 4:42-11(a). If the claim is founded upon a note, contract, check or bill of exchange or is evidenced by entries in the plaintiff's book of account, or other records, a copy thereof shall be attached to the affidavit or, if attached to the complaint, verified by reference in the affidavit. The clerk may require for inspection the originals of such documents. The affidavit prescribed by this Rule shall be sworn to not more than 30 days prior to its presentation to the clerk and, if not made by plaintiff, shall show that the affiant is authorized to make it.
If plaintiff's records are maintained electronically and the claim is founded upon an open-end credit plan, as defined in 15 U.S.C. § 1602(i) and 12 C.F.R. § 226.2(a)(20), a copy of the periodic statement for the last billing cycle, as prescribed by 15 U.S.C. § 1637(b) and 12 C.F.R. § 226.7, or a computer-generated report setting forth the financial information required to be contained in the periodic statement, if attached to the affidavit, or if attached to the complaint, and verified by reference in the affidavit, shall be sufficient to support the entry of judgment.
So Pressler needs three things a) a copy of the original credit card contract (containing the terms and conditions of repayment) which you signed at the cash register (note: this is NOT a copy of the credit card application.) b) a copy of the contract wherein New Century purchased the account from your credit card company and c) a copy of the creditors last billing statement. If they cannot prove the case, the judgment should be set aside. Remember what I said earlier. the NJ Judiciary is totally corrupt. The judges know the documents are not complete, but they enter default anyway.
You'll have to make a motion to the court. Here is a copy of my motion. I never went to law school so you may want to double check the work to be sure it fits your circumstance.
Read selected Rules of Professional Conduct to see if Pressler has been dealing fairly with you and MAKE A COMPLAINT to the Bar Association.
If you are contacted by ANY collection agents BEFORE any court action takes place, first send them a copy of this letter VALIDATING the debt. DO NOT call Pressler and ask them if they have the contract. If they did, it would be in your file.
We need to stick together. To continue, you will need a copy of your court file which you can get from the clerk. There is a request form you need to complete to get your records. This tips off the court, and maybe Pressler, that you are on to their scheme. It should cost about seventy five cents per page.
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