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How to Beat Kirschenbaum, Phillips & Levy P.C.

Chloe Meltzer | March 11, 2024

Chloe Meltzer
Legal Expert
Chloe Meltzer, MA

Chloe Meltzer is an experienced content writer specializing in legal content creation. She holds a degree in English Literature from Arizona State University, complemented by a Master’s in Marketing from California Polytechnic State University-San Luis Obispo.

Edited by Hannah Locklear

Hannah Locklear
Editor at SoloSuit
Hannah Locklear, BA

Hannah Locklear is SoloSuit’s Marketing and Impact Manager. With an educational background in Linguistics, Spanish, and International Development from Brigham Young University, Hannah has also worked as a legal support specialist for several years.

Summary: Is Kirschenbaum, Phillips & Levy P.C. suing you for a debt? SoloSuit can help you take a stand and win in court.

Kirschenbaum, Phillips & Levy P.C. is a third-pay debt collection law firm and agency. The firm is headquartered in Long Island, New York, and represents creditors in debt recovery lawsuits filed throughout New York City. Getting calls, or receiving notice of a lawsuit from debt collectors like Kirschenbaum Phillips and Levy, is not something that you want to deal with.

Unfortunately, it is very common for Americans to fall into debt. In fact, more than 70 million Americans have dealt with debt collectors, and many of them have felt threatened by them as well. Threats or harassment by a debt collector is illegal, and you need to know your rights, as well as what you should do if you are being sued for a debt.

Here's everything you should know about Kirschenbaum Phillips and Levy and how to beat them in court.

Kirschenbaum, Phillips & Levy P.C. doesn't have great reviews

If you're feeling frustrated with Kirschenbaum, Phillips & Levy PC, you're not alone. Google reviews gives Kirschenbaum, Phillips & Levy an average rating of 1.9 out of 5 stars from 21 reviews. On its Better Business Bureau profile, Kirschenbaum, Phillips & Levy P.C. doesn't even have an official rating or reviews yet and is not BBB accredited. However, seven consumer complaints have been filed against Kirschenbaum, Phillips & Levy P.C. in the last three years on its BBB profile.

Debt collection agencies are frequently known for violating consumer rights, as outlined under the Fair Debt Collection Practices Act. Knowing your rights can help you protect yourself from aggressive and unjust debt collectors.

Know your rights under the FDCPA when Kirschenbaum, Phillips & Levy P.C. contacts you

According the FDCPA, debt collectors are prohibited from using any of the following actions to collect on debts:

  • Threatening a consumer with legal action when they don't intend to follow up on it.
  • Repeatedly calling the consumer throughout the day or letting the line ring non-stop.
  • Not providing proper validation of the debt.
  • Saying or implying that the consumer is a criminal for not paying their debt.
  • Using deceptive means to attempt to collect a debt.
  • Contacting third parties, such as a relative or friend, to try to coerce the consumer to pay a debt.

Any of these actions violate the FDCPA, and the consumer has the right to file a claim against the debt collector if they experience actions that are contrary to the law.

Violations of the FDCPA by Kirschenbaum Phillips and Levy

There have been many complaints against Kirschenbaum Phillips and Levy, like we mentioned, due to violations of the FDCPA. There was even a class-action lawsuit over alleged violations of the Fair Debt Collection Practices Act (FDCPA). This lawsuit claims that Kirschenbaum Phillips and Levy sent collection letters to class members over debts owed to a bank called Barclays Bank in Delaware.

Allegedly, Kirschenbaum Phillips and Levy misled the plaintiff into thinking a proposed debt settlement would be valid only if payment was received by a certain date. However, the settlement was not a “limited time offer”. By mentioning this, it was a violation of the FDCPA. This is a deceptive practice used to force the consumer to pay their debt.

How to beat Kirschenbaum Phillips and Levy in court

If you have received a lawsuit from Kirschenbaum Phillips and Levy, then you will need to respond. This is essential and must be done through a written legal Answer response. Not responding to a debt collection lawsuit is the worst thing you can do. If you do not respond, it will allow the Kirschenbaum, Phillips & Levydebt collector to get a default judgment against you. This can lead to wage garnishment or the ability to take money from your bank account. They may even be able to charge you with lawyer fees, add court costs, and interest to the balance.

The first step to beating Kirschenbaum Phillips and Levy in court is to respond to the lawsuit. Here are some methods you can use to win in court.

Challenge Kirschenbaum, Phillips & Levy's right to sue

Instead of assuming the debt collector has the right to legally sue you, one way to respond to a debt lawsuit is to challenge their right to sue you. Because Kirschenbaum Phillips and Levy is a debt collection law firm, it means that they are not your original creditor. This also means that they have either purchased or debt, or been paid to sue you. Once your debt reaches this point it has often been sold one or more times. It is also usually purchased for pennies on the dollar.

This ends up being a good opportunity for you to question their ability to sue. Anyone who is pursuing a lawsuit against you is legally required to show proof that they have a right to do so. For example, Kirschenbaum Phillips and Levy must show an original credit agreement signed by you, as well as the documentation of the chain of custody of all paperwork. This is proof that your paperwork is accurate and came from the original creditor. If they cannot provide this, they cannot legally sue you.

Push back on the burden of proof

When you are served papers for debt, the “burden of proof” rests with the person or entity suing you. This means that whoever is suing you has to prove the following:

  • That you are responsible for the debt
  • That they have the right to sue you
  • That you owe a specific amount

Asking for proof of the amount is a great way to defend yourself in a debt collection lawsuit, and beat Kirschenbaum Phillips and Levy in court. When you ask for proof, they must show that there is proof of the balance having been increased when you made purchases, or that the current balance is accurate and reflects all previous payments.

Without the proper documentation to prove their claims, Kirschenbaum Phillips and Levy has no case. This is why it's important to challenge their right to sue you, because it may lead to them dismissing the case altogether.

Point to the statute of limitations

The statute of limitations is a law that governs how long a creditor can legally sue you for a debt. Every state has a different amount of time, but typically it ranges from four to six years. It is important to note that the statute of limitations time period starts on the last day you were active on an account. This might include using a credit card or accessing a line of credit. Therefore, you should not pay a debt that is in the process of being sued, especially one that is older, before confirming where it sits within the statute time period.

Making a payment on the account will restart the clock on the statute of limitations. So always check if the debt is valid before paying a debt collector.

File a counterclaim against Kirschenbaum Phillips and Levy

After looking into the Fair Debt Collection Practices Act, you might have realized that your rights have been violated by Kirschenbaum Phillips and Levy. Debt collectors that violate the FDCPA may have to pay your legal fees, as well as $1000 in damages for each violation. Additionally, they will often drop your lawsuit altogether if you file a countersuit.

Respond to a debt lawsuit against Kirschenbaum, Phillips & Levy

If you've been sued for a debt by Kirschenbaum, Phillips and Levy, the first step to winning your case is to respond to the lawsuit with a written Answer. Here's how.

  1. Respond to each claim listed in the Complaint document. You can admit, deny, or deny due to a lack of knowledge. Most attorneys suggest that you deny as many allegations as possible. This makes Kirschenbaum, Phillips & Levy's work harder because they have to gather all the necessary documentation to prove the debt is actually yours.
  2. Assert your affirmative defenses. These are legal reasons that Kirschenbaum, Phillips & Levy doesn't have a case against you. A common affirmative defense to raise in a debt collection lawsuit is the statute of limitations. If the debt is past the statute of limitations, then Kirschenbaum, Phillips & Levy has run out of time to sue you for the debt. If this is true, the case will be dismissed.
  3. File the Answer with the court, and send a copy to Kirschenbaum, Phillips & Levy. Make sure to file before the deadline, which is 14-35 days, depending on which state you live. Make a copy to send to Kirschenbaum, Phillips & Levy via USPS-certified mail. You should also request a return receipt so you can prove that you properly sent the Answer to the opposing party.

You can learn more about these three steps in this video:

SoloSuit can help you respond to a debt lawsuit in all 50 states.

What is SoloSuit?

SoloSuit makes it easy to fight debt collectors.

You can use SoloSuit to respond to a debt lawsuit, to send letters to collectors, and even to settle a debt.

SoloSuit's Answer service is a step-by-step web-app that asks you all the necessary questions to complete your Answer. Upon completion, we'll have an attorney review your document and we'll file it for you.

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"First time getting sued by a debt collector and I was searching all over YouTube and ran across SoloSuit, so I decided to buy their services with their attorney reviewed documentation which cost extra but it was well worth it! SoloSuit sent the documentation to the parties and to the court which saved me time from having to go to court and in a few weeks the case got dismissed!" – James

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