5 Steps to Handling a Lawsuit by Pollack and Rosen
If you have been sued by the law firm Pollack and Rosen, you are not alone.
Who is Pollack and Rosen
Pollack and Rosen is one of the largest collection law firms in Florida. Their Florida office is located at 806 S Douglas Rd, Suite 200 Coral Gables, FL 33134-3189. In addition, they maintain offices in Georgia and Alabama. Mark E. Pollack and Joseph F Rosen founded the firm in 1995. According to the Florida Bar website, Mark Pollack was admitted to practice in 1974 and has no recent discipline history. Joseph Rosen was admitted to practice in 1980 and has no recent discipline history.
Pollack and Rosen is not BBB accredited; however, they are given an “A” rating by the BBB in spite of 9 complaints (as of 6/21/2021).
The Consumer Financial Protection Bureau complaint database reflects 33 complaints (as of 6/21/2021 – with a 3 year lookback).
Why have I been sued by Pollack and Rosen
Pollack and Rosen often represent creditors and debt collection in collection lawsuits to try to secure payment for their clients. Their firm specializes in consumer and commercial collections. Therefore, if Pollack and Rosen has sued you, it is most likely that they are represent a complaint who claims you owe them a debt.
Is there a class action lawsuit against Pollack and Rosen
Consumers have sued Pollack and Rosen a number of times for claims of improper collection practices. A search of the federal court “PACER” system reflects 27 cases in federal court where Pollack and Rosen were listed as a defendant.
Consumers have sued Pollack and Rosen in class actions. For example, in the 2017 Florida Southern District case of Howe v. Pollack and Rosen, Brenda Howe claimed that the firm provided collection notices that did not meet the Federal requirements under the Fair Debt Collection Practices Act (FDCPA) under 15 USC 1692g.
Likewise, in the 2018 Florida Southern District case Doane v Pollack & Rosen, PA, the class action plaintiff claimed that Pollack & Rosen sent improper collection letters under the FDCPA where Joseph Rosen was alleged to have improperly signed the letters.
How to beat Pollack and Rosen?
1. Show Up
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!
2. 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.
3. Consider your options
Evaluate the alleged debt from the lawsuit, along with your other debt and your income. 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 not going to tell you about your defenses to the lawsuit or your protections from collection. Their job is to get you to pay.
5. 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.
Questions on Your Pollack and Rosen Lawsuit?
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