Being sued for debt is a frightening experience. For many New Yorkers, the first time they hear the name Malen & Associates, P.C. is when they receive a court summons, a collection letter, or even notice that their bank account has been frozen. This law firm regularly represents creditors and debt buyers like Capital One Bank and Velocity Investments LLC. If you are facing a lawsuit from Malen & Associates, you are not alone—and you have rights under both federal law and New York law.
This article explains what Malen & Associates does, why you may be hearing from them, the defenses you may have, and how a New York consumer protection lawyer can help you fight back.
Who Is Malen & Associates, P.C.?
Malen & Associates, P.C. is a debt-collection law firm located in Westbury, New York. They have been in practice for decades and frequently handle cases in state courts throughout New York. Their work focuses on creditors’ rights, collections, bankruptcy, and related matters.
In plain terms, Malen & Associates is often hired by banks, lenders, and debt buyers to sue consumers on unpaid credit cards, medical bills, personal loans, and student loans. Some of the creditors they have represented include:
- Capital One Bank (USA), N.A.
- Velocity Investments LLC
- Portfolio Recovery Associates, LLC
- Bank of America
- CACH, LLC
If you have received a lawsuit or judgment with their name on it, they are trying to collect a debt—sometimes one that has been sold to them at a discount.
What to Expect if You Are Sued
If Malen & Associates files a lawsuit against you in New York, the process generally starts with a summons and complaint. This is a legal document telling you that you are being sued for a specific amount of money. If you do nothing, the court may issue a default judgment against you. With a judgment in place, Malen & Associates can:
- Garnish your wages (take a portion of your paycheck)
- Freeze your bank account
- Place a lien on real property
Once a judgment is entered, collection remedies can move quickly. That is why it is critical to act immediately and explore your defenses.
Do You Have Defenses Against Debt Collection?
Yes. You may have several defenses that can reduce or even eliminate what you owe. Common defenses in New York debt collection lawsuits include:
- Statute of Limitations: In New York, the statute of limitations for most consumer debts is six years (CPLR § 213). If your debt is older than this, the lawsuit may be time-barred.
- Lack of Proof: Debt buyers like Velocity Investments often purchase old accounts in bulk. They may not have the documents needed to prove ownership of your debt or the exact balance owed.
- Improper Service: If you never received proper notice of the lawsuit, you may be able to challenge the judgment.
- Violations of Federal Law: Under the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. § 1692, collectors cannot use deceptive or abusive practices. If they have, you may have claims against them.
- Errors in Balance or Identity: Sometimes the wrong person is sued, or fees and interest are added incorrectly.
Real-World Examples of Debt Reductions
At Law Office of Simon Goldenberg, PLLC, we have represented many New Yorkers sued by Malen & Associates, P.C. In some cases, we have been able to vacate judgments and negotiate substantial reductions.
For example:
- In one case brought by Velocity Investments LLC, our client was sued for more than $6,400. We successfully vacated the judgment and settled the case for $2,000—saving our client nearly 70%.
- In a case filed on behalf of Portfolio Recovery Associates, our client faced a judgment for more than $1,000. We negotiated a settlement for $500 and had the judgment vacated.
- In a Capital One Bank lawsuit, a client was sued for $3,204. After our intervention, the case was settled for $1,600—about half the amount claimed.
These examples show that even when a debt seems overwhelming, there may be a way to resolve it for far less than the full amount.
Why Malen & Associates Sues on Old Debts
Many lawsuits from Malen & Associates involve debt buyers such as Velocity Investments or Portfolio Recovery Associates. These companies purchase old debts—sometimes referred to as “junk debt” or “zombie debt”—for pennies on the dollar.
They rely on volume lawsuits. By filing many cases, they expect a high percentage of consumers to ignore the summons, leading to automatic default judgments. This business model depends on you not fighting back. When you do respond, you may have leverage to negotiate or contest the case.
How New York Law Protects You
In addition to federal protections under the FDCPA, New York has its own strong consumer protections. These include:
- New York General Business Law § 349: Prohibits deceptive business practices. If a collector misleads you, you may have a claim.
- New York City Administrative Code: Provides additional protections for consumers against harassment and unfair practices by collectors.
- CPLR § 5013: Allows you to challenge default judgments that were improperly obtained.
These laws exist to balance the scales between consumers and large collection firms. You do not have to navigate them alone—an experienced consumer protection lawyer can use them on your behalf.
The Impact on Your Credit
Debt collection lawsuits and judgments can harm your credit score. A judgment can remain on your credit report for years, making it difficult to rent an apartment, secure a loan, or even pass certain employment background checks.
However, resolving the debt—whether through settlement, dismissal, or bankruptcy—can help stop further damage and allow you to begin repairing your credit. In some cases, vacating a judgment can remove it from your credit history entirely.
Bankruptcy as an Option
For some individuals, defending a lawsuit is not enough. If you have multiple debts and cannot keep up with payments, bankruptcy may be the most effective solution.
Under Chapter 7 bankruptcy, qualifying unsecured debts such as credit cards and medical bills can be discharged completely. Under Chapter 13 bankruptcy, you may be able to restructure your debts into affordable monthly payments over three to five years.
Bankruptcy is not right for everyone, and an analysis of your situation is needed to know whether it is the best option for you. A consumer protection lawyer can walk you through the pros and cons.
How We Can Help
Law Office of Simon Goldenberg, PLLC focuses on helping New Yorkers who are facing debt collection lawsuits. Our team understands how firms like Malen & Associates operate. We have experience negotiating with them, fighting them in court, and leveraging consumer protection laws to protect our clients.
We provide personalized representation because no two cases are alike. Some clients need aggressive defense in court. Others want a negotiated settlement with manageable payments. Our goal is always the same: to reduce your debt burden and protect your rights.
New York Consumer Protection Lawyer
If you are being sued by Malen & Associates, P.C., do not wait for a judgment to be entered against you. Time is critical, and the sooner you act, the more options you may have.
Law Office of Simon Goldenberg, PLLC is here to help. We have defended countless New Yorkers in lawsuits brought by debt collectors and have helped clients save thousands of dollars through settlements and structured repayment plans.
You deserve to know your rights, your defenses, and your options. Do not face Malen & Associates alone. Instead, contact Law Office of Simon Goldenberg, PLLC by calling (888) 301-0584 or contacting us online for a free consultation.