When you’re sued by a debt collection law firm like Murtha & Associates PC, it can feel intimidating. But you have rights under both federal and New York law that protect you from unfair or deceptive debt collection practices. Understanding who this firm is, what they do, and how you can fight back can make all the difference in protecting your finances and your future.
Background on Murtha & Associates PC
Murtha & Associates PC is a New York-based debt collection law firm located in Farmingdale, Long Island. The firm was formerly known as Roach & Murtha, P.C., and before that, as Peter T. Roach & Associates, P.C. For decades, this firm has represented creditors, debt buyers, and financial institutions in debt collection lawsuits throughout New York State.
They handle a wide range of collection matters, including:
- Credit card debts
- Medical debts
- Promissory notes
- Accounts receivable
- Judgment enforcement
According to their own materials, Murtha & Associates PC uses advanced technology to locate assets, send automated correspondence, and file lawsuits to collect judgments. They handle both pre-judgment and post-judgment collection efforts such as wage garnishments, bank levies, and property liens.
While they are legally permitted to pursue valid debts on behalf of creditors, they must follow strict federal and state consumer protection laws when doing so.
Recent Scrutiny and Compliance Issues
Formerly operating as Roach & Murtha, P.C., the firm has been subject to regulatory attention from the New York Department of Financial Services (NYDFS). In a recent Consent Order, New York regulators examined whether attorneys at the firm were exercising “meaningful attorney involvement” in the cases they handled.
Under the Fair Debt Collection Practices Act (FDCPA), attorneys involved in debt collection must actually review case materials and ensure the claims are valid before pursuing enforcement actions. In the Consent Order, regulators questioned whether the firm adequately reviewed supporting documents—like affidavits of service, complaints, and chain of title evidence—before taking steps to enforce judgments that were originally obtained by other firms.
The lesson from this enforcement action is clear: debt collection law firms cannot act as mere conduits for collection without properly reviewing and verifying the debt. They must ensure that each case is legitimate, that the consumer is the correct party, and that all required documentation supports the claim.
While every law firm must be presumed innocent unless proven otherwise, the Consent Order shows that regulators are taking attorney oversight in debt collection seriously.
Your Rights Under the Fair Debt Collection Practices Act (FDCPA)
The FDCPA (15 U.S.C. § 1692 et seq.) is a federal law that protects consumers from abusive, deceptive, or unfair debt collection practices. It applies not only to collection agencies but also to law firms like Murtha & Associates PC that regularly collect debts on behalf of others.
Under the FDCPA, debt collectors cannot:
- Misrepresent the amount or legal status of a debt
- Threaten actions they cannot legally take
- Contact you at unreasonable times (before 8 a.m. or after 9 p.m.)
- Continue to contact you after you’ve requested verification or legal representation
- Use harassing or deceptive communication tactics
If a collector violates the FDCPA, you may be entitled to statutory damages of up to $1,000, plus compensation for actual damages, attorney’s fees, and court costs.
New York State Consumer Protection Laws
In addition to federal law, New York State laws provide additional protections to consumers. The New York General Business Law § 349 prohibits deceptive business practices, and New York City Administrative Code § 20-490 et seq. governs local debt collection activities.
If you live in New York City, collection firms must also comply with rules from the New York City Department of Consumer and Worker Protection (DCWP) including language access requirements and mandatory disclosures.
Violations of these laws can support claims for damages or provide leverage to challenge an improper lawsuit or collection attempt.
Debt Buyers and Firms Represented by Murtha & Associates PC
Murtha & Associates PC represents creditors and debt buyers—companies that purchase defaulted debts for pennies on the dollar and then attempt to collect the full amount. One such debt buyer is Velocity Investments, LLC, a New Jersey-based company known for purchasing old credit card portfolios and bringing collection lawsuits in New York courts.
Velocity Investments, LLC often works with firms like Murtha & Associates PC or Malen & Associates, P.C. to collect on these debts. If you’ve received a letter, summons, or wage garnishment notice related to Velocity Investments, it’s important to understand that defenses may be available.
Just because a company like Velocity claims you owe money doesn’t mean they can prove it. They must establish a valid chain of title (proof that they own your specific debt) and authenticate all records showing the amount owed and the basis for the lawsuit.
Common Defenses to a Murtha & Associates PC Lawsuit
If you’ve been served with a lawsuit by Murtha & Associates PC, don’t ignore it. You may have several defenses under New York or federal law. Common defenses include:
- Lack of Proof – The collector may not have sufficient documentation to prove the debt belongs to you or that they own it.
- Statute of Limitations – In New York, the statute of limitations for most consumer debts is three years under N.Y. C.P.L.R. § 214, though some exceptions apply. If the claim is older, it may be time-barred.
- Improper Service – If you were not properly served with the summons and complaint, the case may be subject to dismissal.
- Identity Theft or Mistaken Identity – Sometimes debt buyers sue the wrong person or rely on incorrect records.
- Unfair or Deceptive Practices – Violations of the FDCPA or state law may give rise to counterclaims against the collector.
A qualified New York debt defense lawyer can evaluate these issues, assert your rights, and negotiate from a position of strength.
Settlement and Negotiation Options
Even if the debt is valid, you still have options. The Law Office of Simon Goldenberg, PLLC regularly negotiates with firms like Murtha & Associates PC to reduce debt balances and arrange affordable payment plans.
Negotiation can result in:
- Substantial reductions of the claimed balance
- Stopping wage garnishments and bank restraints
- Avoiding judgments or liens
- Preventing further legal action
In many cases, a strategic settlement can save you thousands of dollars compared to paying the debt in full or having a judgment entered against you.
Protecting Yourself From Debt Collection Abuse
If you’re contacted by Murtha & Associates PC or served with court papers, don’t panic—but don’t delay either. Taking immediate action can preserve your defenses and prevent garnishments or judgments from being entered.
Steps you can take include:
- Contacting a debt defense attorney as soon as possible
- Reviewing all court documents for accuracy
- Gathering your own records, including old account statements and correspondence
- Avoiding direct communication with collectors until you’ve received legal advice
You have the right to legal representation and to fight back against unfair collection practices.
New York Debt Defense Lawyer
If you’re facing a lawsuit from Murtha & Associates PC, you don’t have to face it alone. The Law Office of Simon Goldenberg, PLLC is a New York-based consumer protection and debt defense law firm dedicated to helping individuals resolve debts, stop garnishments, and fight unlawful collection actions. Our attorneys have extensive experience negotiating with debt buyers, collectors, and collection law firms across New York.
Whether you’ve been contacted by Murtha & Associates PC, sued in a New York court, or had your wages garnished, we can help evaluate your defenses and explore settlement or litigation options.
If you’ve received a letter, phone call, or lawsuit from Murtha & Associates PC, you may still have time to protect your rights. Our experienced attorneys can review your case, explain your options, and help you pursue the best outcome possible.
To learn more, contact the Law Office of Simon Goldenberg, PLLC by calling (888) 301-0584 or contacting us online for a free consultation about your legal rights and options.