Pollack and Rosen is one of the biggest law firms in Florida that represents collection companies. Although they do have an office in Coral Gables, Florida, they also have offices in Alabama and Georgia. The founding partners of the firm are Joseph F. Rosen and Mark E. Pollack and they established the firm in 1995. Mark Pollack started practicing law in 1974 and Joseph Rosen in 1980. Neither has a history of disciplinary action. Despite having nine complaints lodged against them, the Better Business Bureau has given the firm an “A” rating even though the firm is not credited with the agency.
Why is Pollack and Rosen Suing Me?
If you have received notice of a lawsuit filed by Pollack and Rosen, it is likely over a debt that you owe. Pollack and Rosen mainly represent debt collection companies and creditors who are pursuing debt that has not been repaid to them. The firm specializes in collections pertaining to both commercial and consumer borrowers.
Therefore, if you have been sued by a law firm, it is time to consider if there is any debt you owe that you have not yet paid. There may be, but there also might not be. Pollack and Rosen has been the subject of lawsuits in the past that have accused them, and the clients they represent, of unfair tactics.
Class Action Lawsuits Against Pollack and Rosen
Many consumers and borrowers have filed many lawsuits against Pollack and Rosen for unfair collection practices. The PACER system in federal court shows that the firm has been sued 27 times in federal court. In 2017, Brenda Howe sued the firm in the case Howe v. Pollack and Rosen for not complying with federal requirements under the Fair Debt Collection Practices Act (FDCPA). The following year, another case was filed against the firm in Florida Southern District Court stating that Rosen improperly signed collection letters. That case was Doane v. Pollack & Rosen, PA.
Do Not Ignore the Lawsuit Filed Against You
The worst thing you can do after Pollack and Rosen has filed a lawsuit against you is nothing. If you owe $8,000 or less, your case will go to small claims court. In this case, you will have to attend a hearing known as a case management conference. If you owe between $8,000 and $30,000, your case will be heard in county court. If the amount you allegedly owe is more than $30,000, your case will go to circuit court. If your case is heard in county or circuit court, you will have 20 days from the day you were served with the lawsuit to file a response.
If you do not file a response or you do not attend the hearing, Pollack and Rosen will still appear in the appropriate venue. When they do, they will petition the court for a default judgment, and they will most likely win the case. At that point, they can then garnish your wages, seize your bank account, and more. You can prevent these restrictive measures by simply appearing in the proper court.
Make Sure the Records are Accurate
By the time a debt collection lawsuit is filed, the account has usually changed hands many times. Debt collectors do not only purchase debtor accounts from creditors, but also from other collection companies. As the account goes from one company to another, documents become lost and those records are important. Do not just assume that the files you receive along with the lawsuit are correct. Review the entire claim and the attached documents to ensure they are correct. If they are not, it could serve as a defense in your case.
Review Your Options
It is important to remember that even after a lawsuit has been filed against you, there may still be options available. If you believe that you do owe the debt at the center of the lawsuit, and you have other debt you cannot realistically repay, you may want to consider filing for bankruptcy. A Chapter 7 bankruptcy will allow you to discharge the majority of your debt. A Chapter 13 bankruptcy will restructure your debt into a payment plan that is more affordable. Both types of bankruptcy have benefits and drawbacks. A Fort Lauderdale bankruptcy lawyer can advise on which option may be right for you.
Negotiate
Many people do not want to file for bankruptcy for many reasons. Some do not want their credit score to take a hit, others do not want to lose property, and some simply feel as though the process is too time-consuming. If you feel that bankruptcy is not your best option, you might consider negotiating with the debt collector. Debt collection companies are often willing to negotiate lower settlement amounts because they would rather recover a portion of the debt rather than none of it at all.
Most people are not comfortable negotiating with big debt collection companies or law firms on their own. A Fort Lauderdale debt defense lawyer will have the necessary experience to negotiate with debt collection companies and to secure a lower amount for you to pay. A lawyer will also make sure any settlement agreement they come to is in writing. These documents must be carefully worded and drafted properly to ensure a court will enforce them in the future. A settlement agreement will also help prevent any disputes regarding the debt in question in the future.
Call Our Debt Defense Lawyers in Fort Lauderdale for Help with Your Lawsuit
If Pollack and Rosen has filed a lawsuit against you, do not hesitate to call our Fort Lauderdale debt defense lawyers today. At Loan Lawyers, we will carefully review all options with you, determine which one is best for your case, and help you through whatever process is most appropriate. Call us today at (954) 523-4357 or fill out our online form to schedule a free review of your case and to learn more about how we can help with your case.
- About the Author
- Latest Posts
Loan Lawyers is made up of experienced consumer rights attorneys who use every available resource to develop comprehensive debt solution strategies. Our goal is to take on those burdens, resolve those problems, and allow our clients to sleep soundly knowing they are on the path to a better future.
