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Being sued by Pressler & Pressler


Kelly1720
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Hi all,

I received a summons & complaint today from Pressler & Pressler on behalf of New Century Financial Services. They claim to the owner of my HSBC account which is now in default. I have 35 days to reply with an answer. I'd also like to note that this summons & complaint is the first time I'm hearing about New Century Financial therefore I never requested a debt validation.

I've been reading up on this for the last couple hours and have found an overwhelming amount of info regarding how New Century may not even been legally entitled to collecting on this debt.

My question is what should be my first step? Should I send a debt validation letter to Pressler even though it's obviously outside of the 30 day period and wait for them to respond before filing my answer?

Thanks in advance to anyone who takes time out to help me with this.

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The time for validation letters has passed. If you wait for them to respond to anything, they will move for a default judgment and they will get it. You're playing by court rules now, and you need to start learning rapidly. You are in NJ, so there may be some limitations here, but you now have a tool that is much better than a validation letter. It's called discovery.

Your first step should be to learn how to file an answer. No answer = default judgment for the plaintiff.

P&P has a bad enough reputation that I know about it and I'm halfway across the country.

Edit: You are also going to want to answer the questions in this thread: http://www.creditinfocenter.com/forums/there-lawyer-house/242744-qs-answer-when-posting-forum-please-read.html

Remember to remove all identifying information. This includes rounding the amounts off. $5,732.78 is identifying information. $6,000 is not.

Also, it might be a good idea if one of the mods moved this thread to "Is there a lawyer in the house."

Edited by usagi555
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Thanks so much for the fast response. I have provided the requested information...

1. Who is the named plaintiff in the suit? New Century Financial Services

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Pressler & Pressler - Ralph Gulko

3. How much are you being sued for? $750 (demand amt, filing fee, service fee, att fees)

4. Who is the original creditor? (if not the Plaintiff) HSBC

5. How do you know you are being sued? (You were served, right?) served

6. How were you served? (Mail, In person, Notice on door) mail

7. Was the service legal as required by your state? yes

Process Service Requirements by State - Summons Complaint

8. What was your correspondence (if any) with the people suing you before you think you were being sued? None, this is the first time I'm hearing of this

9. What state and county do you live in? New Jersey, essex county

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 2007

11. What is the SOL on the debt? To find out: I believe 6 years

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or B) looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). suit served

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) no

14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. no

15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? 35 days

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Nothing, they just mentioned the HSBC account number

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For that small of an amount, I bet you're in small claims. I'm pretty sure that you only have limited discovery without leave of the court. It will still be a lot better than any DV letter you could send them. However, I am not an expert on NJ's court system.

Good news though: You're dealing with a JDB that almost certainly cannot actually prove its case when the rules of evidence are adhered to.

Again, would one of the MODS please move this to the appropriate section on the forum where she'll get more help?

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