Complaint 

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UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF NEW JERSEY 

_________________________________ 

 ) 

DIANE LITTLE-KING, ) 

 ) 

 Plaintiff, ) Civil Action No.

 ) 

 vs. ) COMPLAINT 

 ) 

PRESSLER & PRESSLER, LLP AND ) Jury Trial Demanded

MIDLAND FUNDING, LLC ) 

 ) 

Defendants. ) 

_________________________________) 

NATURE OF ACTION 

1. This is an action brought under the Fair Debt Collection Practices 

Act (“FDCPA”), 15 U.S.C. § 1692 et seq. 

JURISDICTION AND VENUE 

2. This Court has jurisdiction under 15 U.S.C. § 1692k(d) and 28 

U.S.C. § 1331. 

3. Venue is proper before this Court pursuant to 28 U.S.C. §1391(b), 

where the acts and transactions giving rise to Plaintiff’s action occurred in this 

district, where Plaintiff resides in this district, and/or where Defendants’ transact 

business in this district. 

PARTIES 

4. Plaintiff, Diane Little-King (“Plaintiff”), is a natural person who at 

all relevant times resided in the State of New Jersey, County of Essex, and City of 

East Orange. 

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5. Plaintiff is a “consumer” as defined by 15 U.S.C. § 1692a(3). 

6. Defendant, Pressler & Pressler, LLP (“P&P”) is an entity which all 

relevant times was engaged, by use of the mails and telephone, in the business of 

attempting to collect a “debt” from Plaintiff, as defined by 15 U.S.C. §1692a(5). 

7. P&P is a “debt collector” as defined by 15 U.S.C. § 1692a(6). 

8. Defendant, Midland Funding, LLC, (“MF”) is an entity who 

acquires debt in default merely for collection purposes, and who at all relevant 

times was engaged in the business of attempting to collect a debt from Plaintiff. 

9. MF is a “debt collector” as defined by 15 U.S.C. § 1692a(6). 

FACTUAL ALLEGATIONS 

10. Plaintiff is a natural person obligated, or allegedly obligated, to pay a 

debt owed or due, or asserted to be owed or due a creditor other than P&P. 

11. Plaintiff’s obligation, or alleged obligation, owed or due, or asserted 

to be owed or due a creditor other than P&P, arises from a transaction in which the 

money, property, insurance, or services that are the subject of the transaction were 

incurred primarily for personal, family, or household purposes. 

12. Plaintiff incurred the obligation, or alleged obligation, owed or due, 

or asserted to be owed or due a creditor other than P&P.

13. P&P uses instrumentalities of interstate commerce or the mails in a 

business the principal purpose of which is the collection of any debts, and/or 

regularly collects or attempts to collect, directly or indirectly, debts owed or due, 

or asserted to be owed or due another. 

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14. MF purchases debts once owed or once due, or asserted to be once 

owed or once due a creditor. 

15. MF acquired Plaintiff’s debt once owed or once due, or asserted to 

be once owed or once due a creditor, when the debt was in default. 

16. MF is thoroughly enmeshed in the debt collection business, and MF

is a significant participant in P&P’s debt collection process. 

17. In connection with the collection of an alleged debt, Defendant sent 

Plaintiff written communication dated February 23, 2011 in which Defendant 

falsely represented that Plaintiff owed an alleged debt of $498.73 and further sent 

Plaintiff written communication dated February 28, 2011 in which Defendant 

falsely represented that Plaintiff owed an alleged debt of $426.60. However, 

Plaintiff made payments of $249.34 on February 22, 2011 and $97.84 on February 

26, 2011 towards the debt and did not owe the amounts Defendant alleged. (15 

U.S.C. §§ 1692e(2)(A), 1692e(10), 1692f(1)). 

18. In connection with the collection of an alleged debt, Defendant sent 

Plaintiff written communication dated February 8, 2011 containing a Stipulation 

of Settlement for Plaintiff to sign and return to Defendant which stated that 

Defendant’s first payment was due by February 17, 2011 in order for Plaintiff to 

avoid default. However, Defendant unfairly and unconscionably sent this 

communication in a manner guaranteeing that Plaintiff would not receive said 

communication in time to accept the settlement offer, and in fact, Plaintiff did not 

receive said communication until after February 17, 2011 deadline for Plaintiff to 

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default. In so doing, Defendant utilized false and deceptive practices in 

connection with the collection of a debt. (15 U.S.C. §§ 1692e(10), 1692f). 

19. Defendants’ actions constitute conduct highly offensive to a 

reasonable person, and as a result of Defendants’ behavior Plaintiff suffered and 

continues to suffer injury to Plaintiff’s feelings, personal humiliation, 

embarrassment, mental aguish and/or emotional distress. 

COUNT I—VIOLATIONS OF THE FDCPA 

DEFENDANT P&P 

20. Plaintiff repeats and re-alleges each and every allegation above. 

21. Defendant P&P violated the FDCPA as detailed above. 

WHEREFORE, Plaintiff prays for relief and judgment, as follows: 

a) Adjudging that P&P violated the FDCPA; 

b) Awarding Plaintiff statutory damages, pursuant to 15 U.S.C. §1692k, 

in the amount of $1,000.00; 

c) Awarding Plaintiff actual damages, pursuant to 15 U.S.C. §1692k; 

d) Awarding Plaintiff reasonable attorneys’ fees ands costs incurred in 

this action; 

e) Awarding Plaintiff any pre-judgment and post-judgment interest as 

may be allowed under the law; 

f) Awarding such other and further relief as the Court may deem just 

and proper. 

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COUNT II—VIOLATIONS OF THE FDCPA 

DEFENDANT MF 

22. Plaintiff repeats and re-alleges each and every allegation above. 

23. Defendant MF violated the FDCPA as detailed above. 

WHEREFORE, Plaintiff prays for relief and judgment, as follows: 

a) Adjudging that MF violated the FDCPA; 

b) Awarding Plaintiff statutory damages, pursuant to 15 U.S.C. §1692k, 

in the amount of $1,000.00; 

c) Awarding Plaintiff actual damages, pursuant to 15 U.S.C. §1692k; 

d) Awarding Plaintiff reasonable attorneys’ fees ands costs incurred in 

this action; 

e) Awarding Plaintiff any pre-judgment and post-judgment interest as 

may be allowed under the law; 

f) Awarding such other and further relief as the Court may deem just 

and proper. 

TRIAL BY JURY 

24. Plaintiff is entitled to and hereby demands a trial by jury. 

Dated: June 3, 2011 Respectfully submitted, 

 /s/ Dennis R. Kurz

 Dennis R. Kurz 

 NJ Bar No. 4570453 

 Weisberg & Meyers, LLC 

 Attorneys for Plaintiff 

 5025 N. Central Ave., #602 

 Phoenix, AZ 85012 

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 (888) 595-9111 ext. 412 

 (866) 842-3303 (fax) 

 dkurz@attorneysforconsumers.com

 

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