Consumer complaint received 2017-07-06
Company: Pressler & Pressler, LLP
State: NJ
Product: Debt collection
Sub-product: Credit card debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Sued you without properly notifying you of lawsuit

Complaint:
The abuse started XX/XX/XXXX, when Pressler & Pressler entered an erroneous default judgment against me for {$8700.00} in XXXX  County, NJ, using a forged signature on a certified mail receipt.
<P/>
I filed a Motion ( pro se ) to Vacate the Judgment based on the fact that the signature was forged, therefore I never received notice and didnt know I was supposed to appear in court. I did not have a XXXX card and did not have any credit card debt and they did not provide any evidence that I owed any debt. Pressler & Pressler objected to my Motion to Vacate, stating the burden of proof was not on them to prove I owed the debt, it was on me to prove that I did n't owe it. TO THIS DAY THERE ARE NO COLLECTIONS ON FILE on my credit reports.
<P/>
When we went to court for oral argument the judge was able to verify that the signature was not mine because my true signature was on file at the XXXX County Courthouse since I had my divorce papers filed there. However, my motion to vacate was denied because I was told I needed to, file a motion with a certification denying the signature. Meanwhile, the default judgment was to remain in place.
<P/>
Since the default judgment for {$8700.00} was entered and a wage execution was sent to my employer by XXXX XXXX, Court Officer, NJ Superior Court, XXXX County, payments were sent directly to him from my employer. I filed a motion ( pro se ) to compel Pressler & Pressler to Produce Proofs Showing Standing to Sue ( along with a Certification Denying the Signature.
<P/>
Pressler & Pressler answered my motions in basically one paragraph, simply stating, In the defendants response the defendant attempts to place the burden upon us to provide evidence to prove our case. However, the fact of the matter is that under the Court rules since we have a valid judgment, the burden is upon the defendant to come forward under Rule 4:50-1 to establish a defense and to establish that his allegations are true or have a merit.
<P/>
However, the judgment should never have been considered valid in the first place, since it was obtained with a forged document and was never substantiated with any proof.
<P/>
It is extremely important to note that my name is considered a very common name in the United States, and that at the time, I had not had any credit cards for over five years. Therefore, it was of utmost importance to me that Pressler & Pressler validate the alleged debt.
<P/>
The fact that Pressler & Pressler was not obligated by the Court or the Judge to substantiate the debt to me is a clear example of the systemic abuse that is going on in the NJ Court System when it comes to this firm. Judge XXXX XXXX XXXX denied my motion to vacate the default judgment, agreeing that Pressler & Pressler was not obligated to provide me with proof since a default judgment had been entered.
<P/>
Despite no proof being provided to validate the debt as being mine, my Motion to Vacate the Default Judgment was denied, and during oral argument the judge said nothing could be done about the forged signature. When I brought up my previous court appearance and the judges suggestion that I file a motion denying the signature, the judge told me to file a reconsideration motion and include that transcript. I made a request for the transcript and found out the records for that court appearance were destroyed.
<P/>
Next, I received a new copy of the default judgment, which was suddenly changed from {$8700.00} to {$11000.00} and then to {$11000.00}.
<P/>
On 1/20/2012 my employer received a copy of a notice from Pressler & Pressler to XXXX XXXX  Court Officer, which said to Please return the Wage Execution to the court Partially Satisfied. We are going to docket the judgment in this matter. Pressler & Pressler wanted to try to see if they could seize any property I might own. ( Again, my common name must have made them believe I owned property even though I did n't. ) On XX/XX/XXXXmy employer received a notice from XXXX XXXX, Court Officer, stating they should, please stop remitting and refund any monies you have on hand to the defendant.
<P/>
On XX/XX/XXXX my employer received a notice from XXXX XXXX, Court Officer, stating : PLEASE NOTE THE ABOVE WAGE GARNISHMENT HAS BEEN CLOSED IN OUR OFFICE.
<P/>
At my request, on XX/XX/XXXX my employer wrote to XXXX XXXX, Court Officer, and Pressler & Pressler, and stated that I did not want to stop the wage executions because I wanted to remain in compliance with the court order. However, from that point forward, any checks remitted to Court Officer XXXX XXXX were literally returned to my employer.
<P/>
It was almost two years before I heard from Pressler & Pressler again, when they suddenly contacted my employer again via a threatening letter insisting they reinstate the wage garnishments. This was in XX/XX/XXXX. In the time that I was not getting my wages garnished, I bought health insurance for my children and started college savings accounts for both of them. I filed ( pro se ) a Motion for Entry of Satisfaction of Judgment, since my employer had been told the judgment was satisfied to the extent that they were refusing to accept my payments ( they were returning the un-cashed checks ) and I also said in the motion that I had a change of circumstances, now that I was saving for my childrens college accounts and paying for health insurance.
<P/>
The judge denied my pro se motion because I failed to prove a change in financial circumstances. The fact that Pressler & Pressler and Court Officer XXXX XXXX refused to accept my wage execution payments from my employer for almost a year and a half and literally mailed them back to me, had no bearing on the casethe judge focused only on the fact that I apparently was asking for the wrong thing or filing for it the wrong way. I am not an attorney, and I clearly could not afford onebut I know it is not fair that the loopholes in the court system unknown to the average consumer should be used against him or her in such a criminal way.
<P/>
In Pressler & Presslers Certification in Support of Plaintiffs Opposition to Defendants Motion to Enter Satisfaction of Judgment, page 2, point 4, Pressler & Pressler writes that the original ( illegally obtained via a forged signature ) default judgment was for {$8900.00} onXX/XX/XXXX ( still inaccurate, it was {$8700.00} ), yet then suddenly at point 6 the Order for the Execution against Earnings is for {$11000.00}. Then, at point 9, Pressler & Pressler claims that {$2500.00} had been remitted by me, yet a balance still remained of {$7900.00}.
<P/>
At the very least, if they deducted the actual payments {$3000.00} from the initial ( albeit ) illegally obtained default judgment, the balance due would be {$6300.00}.
<P/>
In their own explanation of facts, it is obvious that their actions have been intentionally misleading and confusing, leaving me with no idea of what I am legally responsible for paying. However, even if NJ is so corrupt that I am forced to pay for a debt that was never validated, I can not see it being legal to arbitrarily add on {$2500.00} to the original judgment.
<P/>
Pressler & Pressler claims that I remitted {$2500.00}, but according to my employers payroll records, they have garnished {$3000.00}.
<P/>
Once again, I did not hear from Pressler & Pressler for several years, and now again they have popped up, this time via a letter to XXXX XXXX  where they state, Please reach out to the employer to resume deductions. The defendants objections and motions were denied, the judgment remains open and due. The employer seems to be hanging on to a letter from your office sent in XX/XX/XXXX, to stop deductions. XXXX XXXX, who is an Officer of the Court, does not appear to have any obligation to do any type of due diligence other than take the word of Pressler & Pressler, whose reputation in NJ is abysmal. If XXXX XXXX looked back into his records of the case, he would see why I am hanging on to a letter from your office in XX/XX/XXXX, to stop deductions, because that is exactly what my employer was toldrepeatedly, by a letter from Pressler & Pressler AND a letter from XXXX XXXX. How is this officer of the court able to collect fees ( {$790.00} ) tacked onto my total amount due, without even looking at the file on my case?
<P/>
As it is, my employer does not know whether this is the same case of unpaid debt or something different. It is humiliating and embarrassing to have this go on and on for over ten years, making me look irresponsible and immature to my coworkers.
<P/>
I am hoping I can be protected by the action the Consumer Financial Protection Bureau took to halt the illegal debt collection practices by Pressler & Pressler, which I read about in the news lastXX/XX/XXXX In addition to illegally obtaining the default judgment against me by using a forged mail receipt, and refusing to validate the debt, Pressler & Pressler has abused me for years by harassing my employer, starting and stopping wage garnishments, making it impossible for me to determine how much I still owe ( the original judgment amount was {$8700.00}, then I received another one stating the judgment was now for {$11000.00}, adding on interest, fees, and attorney costs ), then I just received the latest one, which includes paying over {$3000.00} in garnished wages, and with interest, fees, etc., it is back up to {$8700.00}. How can this be legal? Their communications are so deceptive and misleading, where I am paying for a debt that was never proven to be owed and yet years after paying it through garnishments, I still owe the original judgment amount.
<P/>
I read that part of the action the CFPB took against Pressler & Pressler included that they would be subject to compliance monitoring. I am hoping you can help me stop this ongoing abuse and harassment from this firm. My case was never substantiated and was filed on behalf of a debt buyer ( XXXX XXXX ) yet neither the credit card, the alleged debt itself, or the collections account is on my credit report.
<P/>
Am I destined to a life of paying for an unsubstantiated debt that is never-ending? Where the payments I am consistently making are refused and RETURNED to my employer so the debt collector can try to seize property I do n't even own? Only to receive a threatening notice from the court a year or two later demanding they reinstate wage garnishments, this time with added interest for the years in between? This is outright consumer abuse and harassment based on fraud. Please help. You are my only hope.

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with explanation