I have been dealing with Pressler & Pressler for many years now and they still threaten to proceed further and even bank levy of social security. I understand that it is exempt from levy and they cannot touch it but they did already and the judge allowed it. I am making monthly payments to the them and they still harrase me for more then the agreed monthly payments.They are and have been reported for multiple violations for fdcpa ect. And supossivly do not have the proper credentails to pratice law no license or bond certificate.How are these people getting away with this?I sent them the proof of award letters from social security so they know it cannot be touched but they make every attempt to do so and i cannot afford and attorney not even legal aid.Cannot appear in court either. As an handicap person amputee and in nursing home it is impossible to defend myself properly.There seems to be no hope but to be victimized and bullied by these people.
What???? This sounds outrageous! As far as I can tell, based on the inforamtion you have provided, pressler is in absolute violation of the FDCPA. Your social security income is protected and they cannot touch it. Have you recevied an Information Subpeona from pressler and returned it to them? And why are you not eligible for legal aid? You are living in a long-term care facility and on social security income? Have you reached out to Legal Services?
If you do contact an attorney, remember that actions for vialoations of the FDCPA, if successful, do include awards of attorney's fees, so this is not a case where you will be out of pocket for the costs of bringing and pursuing your complaint.
Please do contact an attorney.
I am in Liberty Croner, which I think will be a bit far for you to travel. Perhaps someone on AVVO can assit with fiding a closer attorney? If not, I am, course, happy to assist and woudl welcome you for a free consultation.
This answer is offered as a public service for general information only and may not be relied upon as legal advice. No attorney-client relationship is created or is intended to be created hereby.
Yes, you are being bullied. And, you are 100% correct - SS is not able to be levied for a civil debt (this debt is not for taxes or some other government debt, correct?). But, they have every right to send a levy notice to your bank to see if there are any non-exempt funds in the account, and it is your responsibility to make the exemption claim every time. Also, debt collection does not require a law license - just a collection agency license from the state. That said, they cannot appear in court unless they are representing themselves - that they can do.
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They cannot levy on your Social Security benefits. Period.
You, however, have the burden to prove that money in a bank account is Social Security benefits.
Without knowing more, I am unable to comment on why the judge allowed a levy on those benefits. My guess wold be that the judge felt you had failed to show sufficient information to prove that it was all from Social Security.
This is why I recommend that Social Security be directly deposited in to a separate bank account and that no other funds be deposited into that account.
Pressler & Pressler, LLP is a law firm and there are lawyers who are licensed to practice law in New Jersey. New Jersey does not require that a law firm engaged in collecting consumer debts post a bond.
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