Dealing with Pressler, Felt & Warshaw LLP? Here’s What You Need to Know
Being pursued by a debt collector can be an incredibly stressful experience; you might feel overwhelmed, anxious, or even hopeless about your situation. But take a deep breath – you have rights, and there are steps you can take to protect yourself and find a resolution.One of the major debt collection law firms you may encounter is Pressler, Felt & Warshaw LLP. In this comprehensive guide, we’ll cover everything you need to know about this firm, your rights under the law, and strategies for dealing with them effectively.
Who is Pressler, Felt & Warshaw LLP?
Pressler, Felt & Warshaw LLP (formerly known as Pressler & Pressler LLP) is a debt collection law firm based in New Jersey. They represent major creditors like JP Morgan Chase Bank and debt buyers such as Midland Funding LLC.In 2016, the Consumer Financial Protection Bureau (CFPB) ordered Pressler & Pressler (their previous name) to pay $1 million in penalties. The firm was accused of filing deceptive debt collection lawsuits on behalf of a debt buyer without properly verifying the debts.While the name change to Pressler, Felt & Warshaw LLP may have been an attempt at a fresh start, their practices are still viewed as aggressive by consumer advocates. The firm has faced numerous complaints from consumers over issues like:
-- Failing to provide adequate proof of debts
- Continuing collections efforts after debts were disputed
- Using misleading or deceptive tactics
So if you’re being pursued by this firm, it’s crucial to understand your rights and options for fighting back.
Your Rights Under the Fair Debt Collection Practices Act
The Fair Debt Collection Practices Act (FDCPA) is a federal law that protects consumers from abusive, deceptive, or unfair debt collection practices. Under the FDCPA, debt collectors like Pressler, Felt & Warshaw LLP are prohibited from engaging in certain behaviors, such as:
- Contacting you at unreasonable hours (before 8am or after 9pm)
- Using profane, obscene, or abusive language
- Threatening violence or harm
- Falsely implying they are affiliated with the government
- Discussing your debt with others (except your spouse or attorney)
- Continuing to contact you after you’ve sent a written request to stop
It’s important to know these rights – if Pressler, Felt & Warshaw LLP violates the FDCPA in their dealings with you, you may be able to sue them for damages.The FDCPA also requires debt collectors to provide you with a “validation notice” stating the amount of debt, the creditor’s name, and details on how to dispute the debt if you believe it’s invalid. Don’t ignore this notice – it’s your opportunity to protect yourself.
Step 1) Verify the Debt and Respond Promptly
If you receive correspondence from Pressler, Felt & Warshaw LLP about a debt, your first step is to verify that the debt is actually yours and that the amount is correct.Debt buyers like the clients this firm represents often have inaccurate or incomplete information about debts they purchase. So don’t just assume the claims against you are valid.The FDCPA gives you 30 days from receiving the validation notice to dispute the debt in writing. If you don’t receive verification of the debt, the collector can’t continue pursuing you for it.Even if the debt is yours, you still have rights. For example, you can send a “cease and desist” letter requiring the firm to stop all further contact with you, except to confirm they will stop or to notify you of legal action.Responding promptly and following the proper procedures is crucial for protecting yourself and preserving your rights under the FDCPA.
-Step 2) Understand Your Options
Once you’ve verified the debt is legitimate, you have a few potential paths forward for resolving it:
Negotiating a Settlement
You may be able to negotiate a lump-sum settlement with Pressler, Felt & Warshaw for less than the full amount owed. Debt buyers often purchase debts for pennies on the dollar, so they have room to settle.However, don’t attempt to negotiate on your own – having an experienced debt settlement attorney on your side will ensure you get the best possible deal and don’t jeopardize your rights.
Setting Up a Payment Plan
If you can’t afford to settle the full amount, the firm may allow you to pay off the debt through a structured payment plan. Your attorney can negotiate an affordable plan based on your financial circumstances.
-Filing for Bankruptcy
In some cases, bankruptcy may be the best solution, especially if your debts are overwhelming. Bankruptcy allows you to discharge debts or set up a structured repayment plan under court protection.An experienced bankruptcy attorney can evaluate your situation and advise you on the best path. While bankruptcy may seem extreme, it can provide much-needed relief and a fresh financial start.
Defending Against a Lawsui
-tIf Pressler, Felt & Warshaw sues you over the debt, you’ll need to respond with a written Answer and assert any defenses you may have. Failing to respond can lead to a default judgment against you.Potential defenses include the debt being time-barred by the statute of limitations, lack of proof or standing to sue, or violations of the FDCPA by the firm. But defending a lawsuit requires extensive legal knowledge – trying to go it alone is extremely risky.No matter which option you choose, having an experienced consumer protection attorney on your side is absolutely essential when dealing with an aggressive firm like Pressler, Felt & Warshaw LLP.
Why You Need an Attorney’s Help
While you have rights under the FDCPA, actually enforcing those rights and protecting yourself from unscrupulous collectors is extremely difficult without legal representation.Debt collection laws and regulations are highly complex. There are strict procedures and deadlines you must follow, as well as potential defenses and counterclaims that require a comprehensive understanding of consumer protection statutes.An experienced debt collection defense attorney will:
- Evaluate your full financial situation and all possible resolutions
- Ensure you meet all deadlines and follow required procedures
- Aggressively defend you against any violations or illegal actions
- Negotiate the best possible settlement terms on your behalf
- Represent you in court if the firm tries to sue
Trying to take on a firm like Pressler, Felt & Warshaw alone leaves you at a major disadvantage and could potentially make your situation much worse. With an attorney’s help, you level the playing field and protect your rights.
H2: How to Find the Right Attorney
Not all attorneys are created equal when it comes to debt collection defense. You’ll want to look for a firm that specializes in consumer protection and has extensive experience taking on major debt collectors.Here are some tips for finding a qualified debt collection lawyer:
- Check online reviews and ratings from former clients
- Look for firms that have won major cases against debt collectors
- See if they offer free initial consultations to evaluate your case
- Make sure they are upfront about their fees and billing practices
- Ask about their specific strategies for dealing with Pressler, Felt & Warshaw LLP
You’re looking for an attorney who is not only highly knowledgeable about debt collection laws, but also has a track record of aggressively fighting for consumers’ rights against unscrupulous firms.Don’t just go with the first attorney you find – taking the time to thoroughly vet your options can make a huge difference in the outcome of your case.
Additional Debt Collection Resources
In addition to hiring an attorney, there are a number of other resources that can help you learn about your rights and options when dealing with debt collectors like Pressler, Felt & Warshaw:Government Resources:
- The FTC’s Debt Collection FAQs
- The CFPB’s Debt Collection Resources
- Your state’s consumer protection office
Non-Profit Credit Counseling:
- NFCC-certified credit counselors can advise you on debt management plans
- Look for non-profit agencies, beware of for-profit “debt relief” companies
Online Forums & Support Groups:
- Reddit’s /r/debtors_anonymous and /r/personalfinance
- Quora questions on debt collection
- Local community groups for debtors
The more you educate yourself, the better prepared you’ll be for resolving your debt issues and dealing with aggressive collectors.
You Have Rights – Use Them!
Being pursued by a debt collector like Pressler, Felt & Warshaw LLP can feel overwhelming, but it’s important to remember that you have rights under the law. Don’t let yourself be intimidated or misled.By verifying debts, understanding your options, and getting an experienced attorney’s help, you can protect yourself and find a resolution. It may not be easy, but taking control of the situation and standing up for your rights is crucial.Nobody should have to face harassment or deceptive practices from debt collectors. With the right knowledge and legal representation, you can level the playing field and move forward in a positive way.So if Pressler, Felt & Warshaw LLP comes calling, don’t ignore them – but don’t back down either. Arm yourself with the facts, follow proper procedures, and get the help you need.