5 Steps to Handling a Lawsuit by Kass Shuler
Who is Kass Shuler Law Firm?
Kass Shuler Law Firm is a Florida-based collections law firm. They have an office in Tampa and an office in Boca Raton.
Kass Shuler’s website states that it was established in 1978. Kass Shuler is not BBB accredited and has 4 customer reviews with a customer review rating of 1.25/5 stars (as of 06/28/2021).
The Consumer Financial Protection Bureau complaint database reflects 8 consumer complaints against Kass Shuler (as of 06/28/2021 – with a 3 year lookback).
Why have I been sued by Kass Shuler Law Firm?
Kass Shuler doesn’t only handle collections against consumers. If you have been sued by Kass Shuler, then Kass Shuler is likely representing a bank, collection agency, or credit union in a collection lawsuit to try and secure payment for their clients. If Kass Shuler has sued you, they most likely represent a creditor who claims you owe that creditor a debt.
Is there a class action lawsuit against Kass Shuler Law Firm?
Consumers have sued Kass Shuler a number of times for claims of improper collection practices. A search of the federal court “PACER” system reflects 20 cases in federal court where Kass Shuler was listed as a defendant (as of 06/28/2021).
At least one consumer class action lawsuits have been filed against Kass Shuler. For example, in a 2016 class action filed in Florida, the consumer Plaintiff claimed that Kass Shuler obtained judgments against consumers and then collected, or attempted to collect, interest from Florida consumers that was greater than the statutory rate. The Plaintiff claimed that action was in violation of the Fair Debt Collection Practices Act (FDCPA) because it misrepresented the legal right to charge the interest when no such legal right existed.
How to beat Kass Shuler Law Firm?
First, do not sit on your hands! In Florida, any claims up to $8,000 are in Small Claims, up to $30,000 are in county court, and anything more is in circuit court. In small claims cases, a defendant is required to attend a hearing early on called a “case management conference”; whereas in county court and circuit court, the defendant has 20-days to file a written response from the day the lawsuit papers are served. If a defendant doesn’t appear (in small claims) or they fail to respond (in county court or circuit court), the court will likely enter a default judgment against them. Make sure to respond (or hire someone to do so) so you don’t lose off the bat!
Review the claim
Next, review the records from the case. When a lawsuit is based on the records of another company, it may be that the records are inaccurate. Review the claim and don’t assume it is correct just because they have written it. See if the claim and the amount are accurate.
Consider your options
Evaluate the alleged debt from the lawsuit, along with your other debt and your income. Is there a defense to the claim? Can you realistically afford settlement, or does it make more sense to consider bankruptcy? Here is where you may want to have a free consultation with a debt resolution professional who can help you to objectively review your options.
Assuming bankruptcy is not your best option and depending on the merits of your case, negotiation may be the next best step. If you hire a debt settlement attorney to assist you with the lawsuit, your attorney will negotiate for you. However, if you are determined to go it alone, you are generally better talking to the opposing firm than doing nothing (*this is a generalization; each situation is different). Just keep in mind, they are not looking out for your best interest. They are likely not going to tell you about your defenses to the lawsuit or your protections from collection. Their job is to get you to pay.
Any Settlement Agreement Should be in Writing
Finally, if you reach a settlement agreement, even if you are representing yourself, your agreement should be in writing.
Can you help me file a lawsuit against Kass Shuler for no out-of-pocket Fees?
If Kass Shuler has violated your consumer rights under the FDCPA, the Florida Consumer Collection Practices Act (“FCCPA”), or other qualifying consumer protection laws, then YES we can!
As a consumer in the State of Florida, you have stronger consumer rights than in many other states. The types of conduct that may violate your rights may include:
- harassing calls,
- misrepresentations of amounts or legal rights,
- the use of abusive or threatening language, and
- improper credit reporting.
A consumer whose rights have been violated to may recover damages of up to $1,000, plus attorney’s fees and court costs!
Questions on Your Kass Shuler Law Firm Lawsuit?
We offer a complimentary consultation with our experienced attorneys. We’ll evaluate your case and review your options with you.
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Clearwater: (727) 538-4188 | Tampa: (813) 225-3111