Sued by Pressler, Feltner, Shidlovsky & Zangari in Wisconsin? Here's What to Do Next

2016 · consent order

$1M CFPB civil money penalty against Pressler & Pressler and named partners; companion $1.5M penalty against affiliated debt buyer New Century Financial Services

CFPB consent order finding Pressler & Pressler used an automated claim-preparation system and non-attorney staff to mass-produce hundreds of thousands of debt collection lawsuits against consumers without meaningful attorney involvement and without reviewing account-level documentation to confirm debts were owed, in violation of the FDCPA and Dodd-Frank Act. The order required real attorney review and verified documentation before filing future suits.

CFPB source

Statute of Limitations Defense

In Wisconsin, the statute of limitations for credit card debt is 6 years. If your last payment was more than 6 years ago, the debt is time-barred. Verify when your last payment or account activity occurred and raise the SOL defense in your Answer if applicable.

Challenge the Amount

Demand a complete accounting from the original creditor's last statement through the current claimed balance. Any unauthorized fees, post-charge-off interest, or collection costs not in the original agreement should be disputed line by line.

Wisconsin Wage Garnishment Exemptions

Only 20% of disposable earnings. Wisconsin is more protective than federal law.

Wisconsin Consumer Act

In addition to the federal FDCPA, Wisconsin's Wisconsin Consumer Act may provide additional protections and remedies against Pressler, Feltner, Shidlovsky & Zangari's collection practices.

Wisconsin Court System

Small claims limit $10,000. Circuit court handles larger civil cases. Filing fees in Wisconsin typically range $50-$250.

Who is Pressler Feltner?

Pressler, Feltner, Shidlovsky & Zangari is a high-volume debt collection law firm based in New Jersey. They file tens of thousands of lawsuits per year, primarily for debt buyers like LVNV Funding and Midland Credit Management.

Why is Pressler Feltner suing me?

They are representing a debt buyer or creditor who claims you owe a debt. They are acting as the law firm filing the lawsuit — the actual plaintiff is the creditor or debt buyer named in the complaint.

Are there errors in Pressler Feltner lawsuits?

Yes. Because they file such a high volume of cases, errors are common — wrong names, incorrect amounts, expired statutes of limitations, and missing documentation. Review every detail in the complaint carefully.

Do I need a lawyer to fight Pressler Feltner?

You do not need a lawyer to file your Answer, but it can help. Our service prepares your Answer and identifies if FDCPA violations occurred that would qualify you for free attorney representation.

Can Pressler Feltner get a default judgment against me?

Yes, and they do — thousands per year. If you do not file your Answer by the deadline, the court will enter a default judgment allowing wage garnishment, bank levies, and property liens.

How long to respond in Wisconsin?

20 days from service.

What is the SOL?

6 years for all contract types.

Can wages be garnished?

Yes, but only 20% — more protective than federal law.

Does Wisconsin have its own consumer law?

Yes. The Wisconsin Consumer Act provides significant protections for consumers in debt collection.

What is the Wisconsin Consumer Act and how does it help me?

The Wisconsin Consumer Act (WCA), Wis. Stat. Ch. 421-427, is a comprehensive consumer protection statute that regulates consumer credit transactions and debt collection in Wisconsin. Unlike the federal FDCPA, the WCA applies to both third-party debt collectors and original creditors collecting their own consumer debts. Wis. Stat. § 427.104 prohibits a long list of conduct including: threats of force or violence, threats of criminal prosecution, communicating with the consumer's employer (with limited exceptions), use of obscene or threatening language, harassing or repeated communications, false or misleading representations about the debt, and use of unfair or unconscionable means. Remedies under Wis. Stat. § 425.301-308 include actual damages, statutory penalties of $100-$1,000 per violation, attorney fees, and equitable relief such as voiding the debt. The Wisconsin Department of Justice and Department of Agriculture, Trade and Consumer Protection both have enforcement roles, and consumers can also bring private actions.

How much of my wages can a debt collector take in Wisconsin?

Wisconsin provides more wage protection than the federal floor. Under Wis. Stat. § 812.34, for general consumer debts after a judgment, a creditor can take only 20% of your disposable earnings, compared to the federal 25%. Wisconsin also exempts the first $26.50 per week of disposable earnings, and the amount necessary to keep you above the federal poverty line for your household size. Disposable earnings means what is left after legally required deductions like federal and state taxes and Social Security. Government debts like child support, taxes, and federal student loans follow different and sometimes higher caps under federal law. Wisconsin also exempts certain categories of income entirely from garnishment under Wis. Stat. § 815.18, including Social Security, SSI, veterans benefits, unemployment compensation, workers compensation, and most retirement benefits. You can file an Earnings Garnishment Exemption Notice claim to assert exemptions and reduce the garnishment if it would cause hardship.

What is the statute of limitations on debt in Wisconsin?

Wisconsin's general statute of limitations on a written contract is six years under Wis. Stat. § 893.43, and most consumer credit transactions, including credit cards, fall under this period. However, Wis. Stat. § 425.207 provides a special statute of repose that bars collection actions on consumer credit transactions after the limitations period ends, with no revival even if you make a payment. This is one of the strongest anti-zombie-debt provisions in the country: in Wisconsin, a payment on a time-barred consumer debt does not restart the clock. For out-of-state creditors, Wisconsin's borrowing statute, Wis. Stat. § 893.07, can apply the limitations period of the state where the cause of action arose if that period is shorter. Many credit card agreements designate other states' law, often with shorter periods. If you are sued on a debt past the applicable limitations period, raise statute of limitations as an affirmative defense in your answer; the defense is waived if not raised.

Is the debt collector required to be licensed in Wisconsin?

Yes. Under Wis. Stat. § 218.04, collection agencies operating in Wisconsin must be licensed by the Wisconsin Department of Financial Institutions and post a $5,000 surety bond. You can verify a collector's license using the DFI's online licensee search at dfi.wi.gov. If a collector contacting or suing you is not licensed, that itself is a violation and can be raised as a defense or counterclaim, in addition to being a violation of the Wisconsin Consumer Act under Wis. Stat. § 427.104(1)(j) (use of unfair or unconscionable means). The licensing requirement applies broadly to third-party collection agencies and debt buyers collecting in their own name. Original creditors collecting their own debts are not required to be licensed, although they are still subject to the substantive prohibitions of the Wisconsin Consumer Act. Operating as an unlicensed collection agency in Wisconsin can also be a criminal violation.

I was sued in Wisconsin small claims court. What should I do?

Wisconsin small claims court, under Wis. Stat. Ch. 799, handles civil cases up to $10,000. The procedure starts with a summons and complaint and an initial return date. Show up to the return date. If you do not appear, the court will likely enter a default judgment. If you appear and contest the case, the court will schedule a contested return date or trial. Even in small claims, you can serve written discovery under Wis. Stat. § 804 to request documents like the original cardholder agreement, the bill of sale, and the chain of assignments. Many debt buyer cases collapse when the plaintiff cannot produce these records. Raise defenses including statute of limitations, lack of standing, improper venue under Wis. Stat. § 421.401, failure to comply with WCA notice requirements, and any Wisconsin Consumer Act violations as counterclaims. Either party can appeal a small claims judgment to circuit court within 45 days for a trial de novo if the case is properly preserved.