Quick Answer: Identity theft victims should immediately dispute fraudulent debts with credit bureaus, file police reports, and demand debt validation from collectors like Pressler & Pressler. The servicemember can challenge the $4,850 Bowflex debt and garnishment by providing military records proving deployment status when the May 2007 order occurred.
Someone used my name and I’m now getting informed about me owing for a bowflex that I never ordered and I didn’t even live at the State it was sent to.
I have been in the Navy since 2003 to 2007 towards the end of my enlistment someone used my social and ordered a Bowflex under my name and credit from HSBC. From what I’m understanding it was ordered back in May 2007 for an address I didn’t live at. And I didn’t move back to NJ from FL until November 07 and it wasn’t to that address. Now some creditor name Pressler & Pressler bought the debt and now they sent me a letter to an address I haven’t lived in over a year and they got my bank garnished for 500 out of the 4,850 that I sopposedly owe. I never agreed to pay them back anything and even told them I wasn’t living hear in NJ at that time nor have any knowledge of that order. They refused to lift the order to pay and its now on my credit report. What can I do to get this out of my debt and get my money back from them.
Roberto
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I’m currently backed-up on answering questions so I’m posting some of the questions here for you to help answer.
This is your chance to be a hero and help out this person by providing your feedback and answer to the question in the comments section below.
Know Your Rights: If a debt collector is contacting you, you have legal protections. See the complete list of FDCPA violations collectors commit most often. Use the free Debt Validation Letter Generator to demand proof of the debt, or check this collector’s complaint history with the Scam-O-Meter.
Dealing With Debt? Before you pay a collector, understand all your debt relief options — including ones the collector won’t tell you about. If the debt feels unmanageable, take the 2-minute bankruptcy quiz to see if the math favors a fresh start. Federal Reserve research shows filers recover faster than those who don’t file.
Thanks for the additional detail Roberto.
I want to encourage you to reach out to a NACA attorney in NJ. You may be a victim of collection abuse and you should explore your rights in this with an experienced consumer advocate attorney.
Go to: http://naca.net/find-attorney and do a search for NJ. There are several listed. You may want to start by reaching out to Michael Lupolover who is on that list. He is listed with NACA as having experience in the areas that will most concern you.
Please come back to this thread and provide updates in the comment section below.
No I never filed a police report I wasn’t even aware of it until 3 weeks ago when they garnished my bank. From what I understood it was done in May 07 except I have my separation orders in May 07 but I didn’t move back to NJ until Nov 07. Pressler bought the debt from HSBC don’t know when and I was never even notified of it until now. I know I had a security on my credit report since 2006. I only spoke to Pressler 1 time and I even told them I wasn’t living in NJ at the time. The only proof I have is that my lease didn’t have a military claw when I renewed it in FL so I had to brake my lease and that is on my credit report and I even got a letter from the debt collector in FL and it showed that I moved in Nov 2007. I don’t have any court papers as Pressler told me I was served at an old address that I wasn’t even living at anymore or even use. When I spoke to HSBC they told me they since sold the debt to Pressler and they are no longer responsible for the debt. I do admit I was using HSBC when I was in FL but they was all paid of and on time, but once I separation everything was paid of and closed but never a bowflex and the most I had in CC was a limit of 500 not 4,800. I’m trying to get a hold of my ditty move record and that would show that I moved in Nov 07 also. But for now all I have is a document from the landlords collection department and that I’m not disputing and have been on a payment plan with them. I recall when I was talking to the attorney from Pressler he was really trying for me to make a verbal agreement to pay them this money don’t know if that helps, but I refused to agree anything with him. I even told him that I haven’t lived at my old address since Oct 09 but from his records shows I was served papers without signature in Dec 10.
No I never filed a police report I wasn’t even aware of it until 3 weeks ago when they garnished my bank. From what I understood it was done in May 07 except I have my separation orders in May 07 but I didn’t move back to NJ until Nov 07. Pressler bought the debt from HSBC don’t know when and I was never even notified of it until now. I know I had a security on my credit report since 2006. I only spoke to Pressler 1 time and I even told them I wasn’t living in NJ at the time. The only proof I have is that my lease didn’t have a military claw when I renewed it in FL so I had to brake my lease and that is on my credit report and I even got a letter from the debt collector in FL and it showed that I moved in Nov 2007. I don’t have any court papers as Pressler told me I was served at an old address that I wasn’t even living at anymore or even use. When I spoke to HSBC they told me they since sold the debt to Pressler and they are no longer responsible for the debt. I do admit I was using HSBC when I was in FL but they was all paid of and on time, but once I separation everything was paid of and closed but never a bowflex and the most I had in CC was a limit of 500 not 4,800. I’m trying to get a hold of my ditty move record and that would show that I moved in Nov 07 also. But for now all I have is a document from the landlords collection department and that I’m not disputing and have been on a payment plan with them. I recall when I was talking to the attorney from Pressler he was really trying for me to make a verbal agreement to pay them this money don’t know if that helps, but I refused to agree anything with him. I even told him that I haven’t lived at my old address since Oct 09 but from his records shows I was served papers without signature in Dec 10.
Hi Roberto,
I want to help you get this issue resolved. I will need you to answer some questions before I can suggest a next best step.
Have you filed a police report regarding the theft of your identity?
When were you first contacted about this debt from the law firm who sued you?
Were you over seas when you learned of all this?
Have you provided any documents to Pressler & Pressler regarding the bogus debt they are collecting, or have all discussions been limited to the phone?
Do you have a copy of the court documents involving this account?
Did you ever dispute the charges with the original creditor in writing?
Answering these questions will be a great help. I look forward to reading your response in the comment section below.
Hi Roberto,
I want to help you get this issue resolved. I will need you to answer some questions before I can suggest a next best step.
Have you filed a police report regarding the theft of your identity?
When were you first contacted about this debt from the law firm who sued you?
Were you over seas when you learned of all this?
Have you provided any documents to Pressler & Pressler regarding the bogus debt they are collecting, or have all discussions been limited to the phone?
Do you have a copy of the court documents involving this account?
Did you ever dispute the charges with the original creditor in writing?
Answering these questions will be a great help. I look forward to reading your response in the comment section below.