We Defend You Against
Pressler, Felt & Warshaw, LLP
(f/k/a Pressler & Pressler, LLP)
The Langel Firm defends consumers against New York debt collection lawsuits, wage garnishments, and bank seizures instituted by Pressler & Pressler, LLP. In appropriate cases, we will investigate potential claims against Pressler for violations of the Fair Debt Collection Practices Act.
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STATE COURT CASES
Successful Dismissal of $14,000 Pressler Case by Cross-Motion Strategy
We secured the dismissal of a $14,000 Unifund, CCR case brought by Pressler & Pressler. We cross-moved against their motion to extend time to serve. Unifund CCR, LLC v. C.Y., 016041/15.
Successful Dismissal of Midland Funding's $11,000 Debt Case Due to Standing Grounds and Defects
After suing a Queens resident for a purported $11,000 credit card debt, Pressler, representing Midland Funding, LLC, moved for summary judgment arguing that its right to collect the full amount was demonstrated by its paperwork. Our Firm quickly intervened and cross-moved to dismiss the complaint based on standing grounds and other defects. Pressler agreed to discontinue the action with prejudice. Midland Funding, LLC v. M.H., #83959/11.
Quick Dismissal of $12,288 Lawsuit After Counter-Suit Threat
Threatening a counter-suit for suing our client in the wrong county, amongst other violations, we quickly convinced Pressler & Pressler to dismiss its $12,288 lawsuit. Midland Funding v. M.B., 254/12.
Failure to Comply with CPLR Leads to Immediate Release of Frozen Bank Account
In the context of a bank restraint (frozen bank account), Pressler's failure to comply with the basics of CPLR § 5222-A led to the immediate court-ordered release of the bank account. Here, specifically, in response to the consumer's lawful claim of exemption over the restrained funds, Pressler mailed its opposition papers to the consumer's grossly outdated home address, and Pressler further failed to mail its opposition to the bank. Midland Funding, LLC v. Digonis, 25 Misc.3d (NY Dist. Ct. 2009). See the full blog entry here.
FEDERAL COURT CASES
Victory Over Misdirected Collections: Bodur v. Pressler
In a contentious 2011 case, we won summary judgment against Pressler & Pressler, LLP for sending collection letters to the wrong man. The evidence established that our client had previously notified Pressler of its mistake of identity, but Pressler continued its communications nonetheless. This case exemplifies the strict liability nature of the Fair Debt Collection Practices Act. Even one knowing misdirected collection attempt will trigger liability. Bodur v. Pressler & Pressler, LLP et al, #11-3475 (SDNY). See the full blog entry here.
Inconvenient Forum Violation Case: Curto v. Palisades Collection
Pressler & Pressler, representing Palisades Collection, LLC, faces its own federal case – as a defendant – for suing an Erie County consumer multiple times in the wrong venue in violation of the "inconvenient forum" provision of the Fair Debt Collection Practices Act. § 1692i(A)(2). Filing four defective lawsuits without prosecuting any of them, the court held, could further amount to harassing and abusive litigation tactics. Curto v. Palisades Collection, LLC, et al. See the full blog entry here. http://www.thelangelfirm.com/Debt-Defense-Blog/2011/December/Palisades-Collection-LLC-and-Pressler-Pressler-L.aspx
Systemic Court Abuses Complaint: T.T. v. Encore Capital & Pressler
Alleging violations of Fair Debt Collection Practices Act, Fair Credit Reporting Act, conversion, negligence, gross negligence, negligent supervision, trespass, and deceptive acts and practices, we filed a 52-page complaint against Pressler, Midland Funding, LLC, and its process servers for their role in what we argued were systemic and indefensible abuses of the court system from all aspects, including the collection and enforcement of a non-existent debt, and reporting that bogus debt to the credit reporting agencies. T.T. v. Encore Capital et al., # 11-2953 (EDNY).
What is an "Inconvenient Forum" under the FDCPA?
Under the Fair Debt Collection Practices Act (FDCPA), an "inconvenient forum" refers to a venue for legal proceedings that places an undue burden on the defendant.
Specifically, Section 1692i(a)(2) of the FDCPA requires a debt collector to bring any legal action against a consumer either a) where the consumer signed the contract being sued upon, or b) where the consumer currently resides. This provision is designed to protect consumers from being sued in courts that are so far away from their residences that it would be inconvenient or impracticable for them to defend themselves.
If a debt collector sues a consumer in an inconvenient forum, it is a violation of the FDCPA, and the consumer can potentially sue for damages.
Debt Collector and Affiliate Granted Dismissal Based on Previous Settlement Agreement: Deutsch v. Pressler, Felt & Warshaw, LLP, LVNV Funding, LLC
In Deutsch v. Pressler, Felt & Warshaw, LLP and LVNV Funding, LLC, the court granted a motion to dismiss a claim brought by a debtor alleging violation of the Fair Debt Collection Practices Act (FDCPA), citing a previously negotiated settlement agreement. The court found that the agreement contained a scrivener's error and after reformation, it clearly released the defendants from any claims related to the debt.
3 Key Points:
- A contract error was corrected in the settlement agreement, allowing the contract to be reformed under New York law.
- As an affiliate of the initial debt collector, the defendant was entitled to the benefits of the settlement agreement, which released the collector and all related entities from any related claims.
- The court was able to consider the settlement agreement in the defendant's motion to dismiss, even though it was not referenced in the plaintiff's complaint.
Case citation: 21-cv-84 (JSR), Signed April 26, 2021.
What is a "scrivener's error" in Law?
A "scrivener's error" refers to a clerical mistake made in a legal document that leads to an unintended result. This can be a typo, spelling mistake, incorrect number or date, or other minor error that was made in writing or typing up the document. The error is presumed to not reflect the true intention of the parties involved when the document was drafted.
In the legal system, if it can be clearly demonstrated that such a clerical error was made, courts will typically correct a "scrivener's error" without altering the substantive rights of any party involved. This process is often referred to as "reformation" of the document.
Pressler, Felt & Warshaw Address and Phone Number
Pressler, Felt & Washaw, LLP
Pattern of Complaints Against Pressler, Felt & Warshaw, LLP at Better Business Bureau
These complaints filed with the Better Business Bureau reflect a consistent pattern of dissatisfaction concerning the validation of debts and poor communication. Specifically, customers are repeatedly requesting proof of debt, disputing the legitimacy of the debts, and expressing frustration with ineffective communication channels.
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Multiple customers question the legitimacy of the debts, either because they do not recognize them or because the debt is no longer on their credit report.
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There are also instances where customers complained about harassment in the form of numerous calls or threats of wage garnishment.
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Customers feel that the company's responses are inadequate, with several rejecting the responses outright and others expressing disappointment with the lack of thorough or timely responses.
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Some of the customers have had to go to court over these disputes, causing additional stress and inconvenience.
More information to help with a wage garnishment:
- Receive a Notice of Garnishment? Here’s a Summary of New York Law
- How much of my wages can be garnished? Summary of New York Law
- Vacating a Default Judgment in New York: 8 Fine Points
Here is a list of New York City’s Marshals who enforce wage garnishments:
- City Marshal Ronald Moses
- City Marshal Bruce Kemp
- City Marshal Gregg E. Bienstock
- City Marshal Martin Bienstock
- City Marshal Henry Daly
If you need help, call us at (888) 271-7109 or complete this form.