Serving California, Ohio, Pennsylvania, and Illinois with COVID-19 precautions in place and convenient virtual meetings.

Debt collector caught suing the wrong person

New Jersey based debt collection agency, Pressler & Pressler is accused of suing the wrong person, even though that person had told them that he was not the man they were looking for.   According to Marke Hoyte, he was sued by Pressler & Pressler even though his social security number and date of birth did not match the Marke Hoyte’s information  in Pressler & Pressler’s file.  It was not until Pressler & Pressler’s attorney spoke with Hoyte in the court’s hallway that they finally admitted that they had sued the wrong person and agree to dismiss the case.

After hearing the details leading to the dismissal request, Judge Noach Dear asked Pressler & Pressler’s attorney why his law firm did not make sure it had the right person before suing. The attorney responded by saying said that Pressler & Pressler used a free online “white pages” database called “AnyWho” to look for debtors.

Judge Dear replied, “So you just shoot in the dark against names, if there are 16 Mark Hoytes, you go after without exactly knowing who, what, when and where?” Judge Dear asked.

But instead of conceding their mistake, Pressler & Pressler’s attorney attempted to blame Hoyte. The attorney asked Hoyte if he had ever provided Pressler & Pressler with any written proof that he was not the correct debtor. Hoyte responded by saying that Pressler & Pressler asked for written proof. Incredibly, Pressler’s attorney then said to Hoyte, “So, without any written proof that it is not you, you would expect someone just, you know, to go on say-so?”  Evidently, the fact that the social security number and birthdate that they had in their records did not match his, was not enough written proof…  Judge Dear is considering sanctions against Pressler & Pressler for its easily avoided mistake.

You are being harassed by debt collectors about debts that are not yours, in violation of the Fair Debt Collection Practiced Act (FDCPA)  then you may be entitled to compensation.    Please call California Consumer Protection Attorney, Todd M. Friedman at 877-449-8898 for a free consultation.