We Defend You Against

The Langel Firm protects individuals from wage deductions, bank repossessions initiated by Pressler & Pressler, LLP, and lawsuits related to debt collection in New York. When suitable, we will examine possible legal actions against Pressler for breaching the Fair Debt Collection Practices Act.

If you require representation, please contact The Langel Firm at (888) 271-7109!


What is a “scrivener’s error” in Law?

The error is presumed to be when the document was drafted and does not reflect the true intention of the involved parties. This can be a minor error made while typing or writing up the document, such as a spelling mistake, incorrect date or number, or a typo. The term “error scrivener’s” refers to a clerical mistake made in a legal document.

If a clerical error is clearly demonstrated, typically courts will correct such an error made by a scrivener, as this process of “reformation” is often referred to. It involves altering substantive rights of any party without any error in the legal system.

What is an “Inconvenient Forum” under the FDCPA?

The Fair Debt Collection Practices Act (FDCPA) refers to a legal venue that places an undue burden on the defendant, commonly known as an “inconvenient forum” for debt collection proceedings.

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Courts in sued being from their residences would be inconvenient or impracticable for them to defend themselves.

If a consumer sues a debt collector in an inconvenient forum, it can potentially sue for damages, as it is a violation of the FDCPA.

Quick Dismissal of $12,288 Lawsuit After Counter-Suit Threat

We swiftly persuaded Pressler & Pressler to drop their $12,288 lawsuit by threatening a retaliatory legal action for wrongfully suing our client in the incorrect county, along with other breaches. This occurred in the case of Midland Funding v. M.B., 254/12.

Inconvenient Forum Violation Case: Curto v. Palisades Collection

LLC, Palisades Collection v. Curto, et al., Uses tactics that are abusive and harassing, to the extent that it could further burden the court. They prosecute lawsuits without any regard for the defective nature of their claims. This violates the Fair Debt Collection Practices Act. Additionally, they repeatedly sue consumers in Erie County, which is an inconvenient and inappropriate venue. As a defendant, Curto faces multiple federal cases filed by Palisades Collection, LLC, and Pressler & Pressler, who represent Palisades Collection.

Failure to Comply with CPLR Leads to Immediate Release of Frozen Bank Account

In this blog entry, you can see the case of Digonis v. LLC Funding, where Midland bank failed to further mail its opposition to the outdated home address of the consumer. Pressler mailed the opposition papers to the consumer, but the funds were restrained. In response to the consumer’s lawful exemption claim, the court ordered the immediate release of the bank account. However, Pressler’s failure to comply with the basics of CPLR 5222-A led to the bank restraint in the context of a frozen account.

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Successful Dismissal of $14,000 Pressler Case by Cross-Motion Strategy

We successfully obtained the dismissal of a Unifund, CCR case filed by Pressler & Pressler, which involved a sum of $14,000. We responded to their motion to extend the time for service by filing a cross-motion. The case was titled C.Y., 016041/15, v. Unifund CCR, LLC.

Successful Dismissal of Midland Funding’s $11,000 Debt Case Due to Standing Grounds and Defects

After suing a resident of Queens for a purported credit card debt of $11,000, LLC Funding Midland, represented by Pressler, quickly intervened and cross-moved to dismiss the complaint on the grounds of defects and lack of standing. Our firm promptly demonstrated through its paperwork that it had the right to collect the full amount, and argued for a summary judgment.

Systemic Court Abuses Complaint: T.T. v. Encore Capital & Pressler

In case number 11-2953 (EDNY), T.T. V. Encore Capital et al., We submitted a complaint consisting of 52 pages against Pressler, Midland Funding, LLC, and its process servers for their involvement in what we contended were widespread and unjustifiable abuses of the judicial system from various angles. This included the improper collection and enforcement of a debt that did not exist, as well as the false reporting of this fictitious debt to credit reporting agencies. We alleged violations of the Fair Debt Collection Practices Act, the Fair Credit Reporting Act, conversion, negligence, gross negligence, negligent supervision, trespass, and deceptive practices.

Victory Over Misdirected Collections: Bodur v. Pressler

The reversed sentence structure’s output can be seen in the full blog entry here. Bodur v. Pressler & Pressler, LLP et al, #11-3475 (SDNY). Any misdirected attempt to collect a debt, even if done knowingly, will result in legal liability. This particular case serves as an example of how the Fair Debt Collection Practices Act imposes strict liability. The evidence presented proved that our client had already informed Pressler about the mistaken identity, yet Pressler chose to continue their communication. In a heated legal battle in 2011, we successfully obtained a summary judgment against Pressler & Pressler, LLP for their wrongful collection letters sent to the incorrect individual.

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Debt Collector and Affiliate Granted Dismissal Based on Previous Settlement Agreement: Deutsch v. Pressler, Felt & Warshaw, LLP, LVNV Funding, LLC

The defendants absolved themselves from any claims associated with the debt by explicitly releasing it following the correction. The court determined that the contract had a mistake made by a scribe and referred to a previously discussed settlement agreement, thereby approving a request to discard a claim made by a debtor who accused the defendants of violating the Fair Debt Collection Practices Act (FDCPA) in the case of Deutsch v. Pressler, Felt & Warshaw, LLP and LVNV Funding, LLC.

3 Main Points:

  • A contractual mistake was rectified in the settlement arrangement, enabling the agreement to be revised under the jurisdiction of New York law.
  • The settlement agreement entitled the defendant, who was an affiliate of the initial debt collector, to the release of any related claims made by the collector and all related entities.
  • The court was able to reject the defendant’s request to consider the settlement agreement, despite it not being mentioned in the plaintiff’s complaint.
  • Case reference: 21-cv-84 (JSR), Executed on April 26, 2021.

    Pressler, Felt & Warshaw Address and Phone Number

    Pressler, Felt & Washaw, LLP can be found at 7 Entin Road, Parsippany, NJ 07054-9944. You can contact them at (973) 753-5100.

    Customers, specifically, repeatedly request debt of proof, expressing frustration with ineffective communication channels and disputing the legitimacy of debts. These complaints filed with the Better Business Bureau reflect a consistent pattern of dissatisfaction regarding poor communication and lack of validation of debts.

  • Multiple customers are questioning the validity of the debts, either because they do not acknowledge them or because the debt is no longer reflected on their credit report.

  • Additionally, there are instances where clients have filed grievances regarding being subjected to persistent phone calls or intimidation tactics involving the potential confiscation of their earnings.

  • Customers feel that the company’s responses are insufficient, as some customers outright reject the responses while others express disappointment with the lack of comprehensive or prompt replies.

  • Several of the clients have been compelled to appear in court regarding these conflicts, resulting in added strain and inconvenience.

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