How to Negotiate With Malen & Associates and Settle Debt

Malen & Associates filed a debt lawsuit against you. You need to respond quickly to protect your rights.

Ignoring the lawsuit guarantees you lose. Fighting back gives you a chance to pay less or win outright.

You can beat this case with the right strategy.

What Is Malen & Associates?

Malen & Associates is a debt collection law firm based in Westbury, New York. The firm has operated for over 30 years.

They handle collections, bankruptcy, foreclosure, and real estate matters. You might see them under previous names like Dennis S. Malen, P.C.

The firm represents creditors and debt buyers across New York State.

Who Does Malen & Associates Collect For?

Malen & Associates works with major creditors and debt buyers. Common clients include:

• Bank of America
• Capital One
• CACH, LLC
• Portfolio Recovery Associates
• Velocity Investments LLC
• CKS Prime Investments
• Municipal Credit Union

Original creditors often sell charged-off debts to collection agencies. Those agencies then hire law firms like Malen & Associates.

Read Online Reviews of Malen & Associates

Research what other consumers say about Malen & Associates. Check these verified review sources:

• Google Reviews
• Better Business Bureau profile
• Consumer Financial Protection Bureau complaint database

Reviews show mixed experiences with the firm. Some consumers report productive conversations and reasonable payment arrangements.

One borrower named Adam praised the firm for offering payment terms his original creditor denied. He wrote that Malen & Associates worked with him when Capital One refused.

The lesson? Communication matters when dealing with debt collectors.

Know Your Rights Under the FDCPA

The Fair Debt Collection Practices Act protects you from abusive collectors. Congress passed the FDCPA in 1977 after widespread harassment complaints.

Debt collectors cannot:

• Use profanity or abusive language
• Call repeatedly to harass you
• Contact you at work after you tell them not to
• Call before 8:00 a.m. or after 9:00 p.m.
• Fail to identify themselves as debt collectors
• Threaten arrest when they cannot have you arrested
• Threaten wage garnishment without a court judgment
• Threaten to seize assets without legal authority

Document every FDCPA violation you experience. These violations strengthen your defense in court.

You can also file a counterclaim if Malen & Associates breaks these rules.

Get Every Communication in Writing

Debt collectors sometimes misrepresent facts over the phone. Verbal claims are hard to prove in court.

Request all communication in writing through certified mail. The FDCPA requires collectors to provide written documentation.

Send your request via certified mail with return receipt. Keep copies of everything you send and receive.

If Malen & Associates ignores your written communication request, you gain leverage. Courts take notice when collectors avoid proper documentation.

Demand Proof of the Debt

Malen & Associates must prove you owe the debt. Many collection law firms buy old debts with incomplete records.

Send a debt validation letter within 30 days of first contact. Request:

• The original creditor’s name
• The original account number
• The total amount owed
• Proof the debt hasn’t been paid
• Documentation showing they own the debt
• The procedure for disputing the debt

Collectors must stop collection activity until they provide this information. If they sue you without validating the debt, you have grounds for dismissal.

You may even file a counterclaim in small claims court. You’ll need proof you requested validation and they ignored you.

How to Negotiate With Malen & Associates

Debt collectors often accept less than the full balance. Malen & Associates may negotiate a settlement to close the case quickly.

Our partner Solo can help you negotiate effectively with collectors like Malen & Associates.

Follow these negotiation steps:

1. File an Answer to the lawsuit immediately to avoid default judgment
2. Calculate your settlement capacity using this formula: (monthly income minus monthly expenses) plus available savings
3. Start with an offer below your maximum capacity
4. Expect counteroffers and multiple negotiation rounds
5. Get the final agreement in writing before paying

Never pay until you receive written confirmation of the settlement terms. The agreement should state the payment amount and confirm the debt is satisfied.

Start your initial offer at 30-50% of the claimed balance. Many collectors settle for 50-70% of the original debt.

How to Respond to a Malen & Associates Lawsuit

You received a Summons and Complaint from Malen & Associates. The Summons notifies you of the lawsuit.

The Complaint lists specific claims against you. You must file an Answer to fight back.

Your Answer deadline ranges from 14 to 35 days depending on your state. Missing this deadline results in automatic loss.

Three Steps to File Your Answer

Step 1: Respond to Each Claim

Address every numbered paragraph in the Complaint. You have three response options:

• Admit the claim is true
• Deny the claim is true
• Deny due to lack of knowledge

Deny as many claims as legally possible. Make Malen & Associates prove every element of their case.

Step 2: Assert Affirmative Defenses

Affirmative defenses are legal reasons the lawsuit should fail. Common defenses include:

• Statute of limitations expired
• Debt already paid
• Incorrect amount claimed
• Wrong defendant
• FDCPA violations
• Lack of standing to sue

The statute of limitations defense often works best. Each state sets time limits for filing debt lawsuits.

If the debt is too old, Malen & Associates cannot sue you. Check your state’s statute of limitations on consumer debt.

Step 3: File and Serve Your Answer

File your Answer with the court before the deadline. Get a file-stamped copy for your records.

Send a copy to Malen & Associates via certified mail. Keep the certified mail receipt as proof of service.

Never miss your Answer deadline. Courts rarely grant extensions without exceptional circumstances.

Consider Filing a Counterclaim

Did Malen & Associates violate the FDCPA? You can sue them back with a counterclaim.

Counterclaims turn the tables on aggressive collectors. You become the plaintiff seeking damages.

Common FDCPA violations that support counterclaims:

• Calling outside permitted hours
• Using threatening language
• Misrepresenting the debt amount
• Failing to validate the debt
• Contacting you at work after being told not to

You can recover actual damages plus up to $1,000 in statutory damages. The collector must also pay your attorney fees if you win.

What Happens After You File Your Answer

Filing your Answer prevents default judgment. The case moves into the discovery phase.

Discovery allows both sides to request documents and information. Malen & Associates must provide evidence supporting their claims.

Request documents through discovery that prove:

• They own the debt
• The debt amount is accurate
• You are the correct defendant
• The statute of limitations hasn’t expired

Many collection lawsuits fall apart during discovery. Collectors often lack proper documentation for old debts.

Settlement discussions typically occur during this phase. Malen & Associates may offer better terms once they see you’re fighting back.

Your Strategy to Beat Malen & Associates

You can win against Malen & Associates with the right approach. Follow this winning strategy:

• Document all FDCPA violations during collection attempts
• Note calls before 8:00 a.m. or after 9:00 p.m.
• Request debt validation in writing within 30 days
• File your Answer within your state’s deadline
• Raise statute of limitations and other affirmative defenses
• Demand proof they own the debt and the amount is correct
• Consider a counterclaim for FDCPA violations
• Negotiate settlement from a position of strength

Never ignore a debt lawsuit. Responding gives you leverage and options.

Our partner Solo helps you respond to debt lawsuits and negotiate settlements with collectors like Malen & Associates.

Take action today to protect your rights and your money.