Chloe Meltzer | October 19, 2022
Summary: Is Malen & Associates suing you for a debt? SoloSuit can help you take a stand and win in court.
Being sued for debt is never fun. Whether you have been called 1000 times and you are ignoring those calls, or you never received the complaint and summons in the mail, you need to know your rights. The first thing to know is that ignoring the lawsuit is the worst thing you can do. If you do not fight back in court you will automatically lose the case. You have a better chance of paying less in a settlement, or not at all if you properly approach the lawsuit.
Malen & Associates is a debt collection law firm located in Westbury, New York. With 30 years in the business, they focus on cases of collections, bankruptcy, foreclosure, and real estate closings. Having many names over the years, you may have been previously sued by Dennis S. Malen, P.C. or Dennis S. Malen & Associates, P.C. Representing original creditors, debt buyers, and other debt-collection companies, they commonly pursue debtors of Portfolio Recovery Associates, Bank of America, Velocity Investments LLC, and CACH, LLC.
If you're feeling frustrated with Malen & Associates, you're not alone.
Malen & Associates has been brought to court in a countersuit for their actions against debtors. For example, an inflated proof of claim filed in debtors' bankruptcy proceedings constituted a violation of the Fair Debt Collection Practices Act. Another case involved misrepresentation of the amount of the plaintiff's debt. This is why you need to know your rights under the FDCPA, in case they are violated.
As of 2022, the Consumer Financial Protection Bureau has reported 44 complaints against Malen & Associates.
The Fair Debt Collection Practices Act (FDCPA) is a set of laws passed in 1977 to protect consumers from third-party debt collectors. The laws were passed because it was found that debt collectors were consistently harassing and threatening people who were in debt. The FDCPA has strict limits on what collection agencies are able to do in their approach to consumers while looking to collect on a debt. The FDCPA prohibits the following:
Many debt collection agencies misrepresent information as a tactic to push the debtors into honoring their debts. Some claims are often made through a phone call.
As a result, it is difficult for a debtor or court to hold debt collectors accountable for undocumented claims. You must request the collection company to make every claim in writing. FDCPA requires that official communication from the debt collectors be done through the U.S mail system.
You have a right to ask Malen & Associates to mail you an official communication. If they ignore this request, you may be able to defend yourself in court, citing their lack of response.
Make the right defense the right way with SoloSuit.
Malen and Associates buys charged-off debts that may have lost track of the details of the debt, especially if the debt has moved from one collector to another. You may challenge Malen & Associates to disclose more information, such as the original creditor, the amount owed, the procedure for disputing the debt, and proof that the debt has not been cleared.
If they do not provide those details within 30 days, you can dispute the debt claims. Malen & Associates cannot pursue your case and use any debt collection tactics against you until they provide the requested information.
If they ignore your request and go ahead with filing a lawsuit, you can file a small claim action against them in a state court. You will need to provide the following evidence for your case:
If Malen and Associates is suing you for a debt, you should have received some legal documents in the mail called the court Summons and Complaint. The Summons notifies you of the lawsuit, and the Complaint lists the specific claims that Malen and Associates is making against you. The first step to winning your case is to respond to the Summons and Complaint by filing a written Answer. Here's how.
Follow these three steps to respond to a debt lawsuit against Malen and Associates:
Use SoloSuit to represent yourself and draft an Answer in minutes.
To learn more about these three steps, check out this video:
We've covered a lot here, but here's a quick overview of what to do if you get sued by Malen & Associates and how you can beat them in court:
These are effective methods for how to beat Malen and Associates in court.
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.
"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
You can ask your questions on the SoloSuit forum and the community will help you out. Whether you need help now or are just looking for support, we're here for you.
>>Read the FastCompany article: Debt Lawsuits Are Complicated: This Website Makes Them Simpler To Navigate
>>Read the NPR story on SoloSuit. (We can help you in all 50 states.)
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