I too have just rec'd a summons from the law office of Pressler and Pressler located in Parsippany, NJ claiming that I owe their client, Midland Credit Mngmt Co. Nearly $4,000 including penalties and interest.
Back in 2006 I agreed on a settlement offer with Midland and paid off my debt in two equal payments one month after the other. Now, after two years have past, I'm being sued for an outstanding debt that doesn't exist which by the way, was originally an Eddie Bauer debt. Unfortunately, I can not find the settlement offer letter nor the letter stating that the debt had been satisfied. The only proof I will have are my bank statements for those two months showing the two equal payments debited my checking account and to whom they were paid to. The total of these payments is the exact original amount in question less the attorney fees and penalties.
I reached out to the law firm today and s/w the paralegal handling my file. This quickly became a futile conversation as she basically stated that all the proof of burden is on me and that they will proceeding with their suit unless I have full proof including the settlement offer letter as well as the debt satisfied letter.
I find this to be both ridiculous and totally outrageous! I'm not really sure as to how should I proceed with this? I've read somewhere about sending a "validation letter" but not sure if it's too late for that process? I've also read that someone hired an attorney and filed a counter suit and won, and even managed to get their atty fees paid. I would appreciate any advice as to how to move quickly forward on this situation since I also need to formally reply to the court within 35 days or else judgment will be entered against me. What should be my next steps?
I'm really interested in assisting to "putting in end" to this unlawful practice by Midland and to show them that they can not continue to keep getting away with these frivolous and bogus actions because they're really not "above the law"!
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