Sued by Kirschenbaum, Phillips & Levy PC? Here’s How to Settle
Kirschenbaum, Phillips & Levy P.C. is a debt collection law firm that sues on behalf of creditors like Discover and Capital One. You must respond to their lawsuit with a written Answer to avoid default judgment. Challenge their right to sue, push back on their proof, and negotiate a settlement for less than you owe.
Respond to LawsuitOver 70 million Americans have dealt with debt collectors. Many have faced threats and harassment from collection agencies. Threats from debt collectors are illegal. You need to know your rights.
Kirschenbaum, Phillips & Levy P.C. is a debt collection law firm. You can settle with them if you respond properly and negotiate strategically.
Don't Let Kirschenbaum Phillips & Levy Win by Default
You have 14-35 days to respond to their lawsuit before they get a default judgment. Our partner Solo helps you file your Answer and negotiate settlement in all 50 states.
Answer the Lawsuit NowWho Is Kirschenbaum, Phillips & Levy P.C.?
Kirschenbaum, Phillips & Levy P.C. is a third-party debt collection law firm. The firm operates from Long Island, New York. They represent creditors in debt recovery lawsuits throughout New York City.
Getting calls or lawsuit notices from this firm is stressful. You can fight back with the right strategy.
Who Does Kirschenbaum, Phillips & Levy P.C. Collect For?
Kirschenbaum, Phillips & Levy P.C. files lawsuits for various creditors. They commonly collect for:
- Discover
- Capital One
- BMW auto loans
- Credit union loans
They work across different sectors to recover debts. Understanding who hired them helps you build your defense.
Check Kirschenbaum, Phillips & Levy P.C. Reviews Before You Negotiate
Reviews of Kirschenbaum, Phillips & Levy P.C. are mixed. Some consumers report positive experiences when communicating to resolve debt. Others report aggressive tactics.
You can read reviews on Google Reviews and the Better Business Bureau. Reviews show that their lawyers sometimes work professionally to reach agreements.
One consumer named Linda shared her experience. She obtained power of attorney for an elderly family member with poor credit. A joint account was garnished. Lawyers Shanna McKenzie and Albert Ras answered her calls promptly. They patiently answered her questions. She wired the required funds. The account was restored within days.
Communication matters when dealing with this firm. Professional negotiation can lead to reasonable settlements.
If calling debt collectors sounds intimidating, our partner Solo can help you negotiate online and settle your debt digitally.
Know Your Rights Under the FDCPA
The Fair Debt Collection Practices Act protects you. Debt collectors cannot legally:
- Threaten legal action they don’t intend to take
- Call you repeatedly throughout the day
- Fail to provide proper debt validation
- Imply you are a criminal for not paying
- Use deceptive means to collect debt
- Contact third parties to coerce payment
Any of these actions violate federal law. You have the right to file a complaint with the Consumer Financial Protection Bureau.
Kirschenbaum Phillips and Levy’s FDCPA Violations
Kirschenbaum Phillips and Levy has faced many complaints. A class-action lawsuit alleged violations of the FDCPA. The lawsuit claimed they sent collection letters over debts owed to Barclays Bank.
They allegedly misled the plaintiff about debt settlement offers. They created false urgency by claiming the settlement was a limited-time offer. The settlement was actually available indefinitely. Creating false deadlines is a deceptive practice that violates the FDCPA.
You can use FDCPA violations as leverage in your negotiations.
Settle Your Debt With Kirschenbaum Phillips and Levy Outside Court
You must respond to any lawsuit from Kirschenbaum Phillips and Levy. Responding is essential through a written legal Answer.
Ignoring a debt collection lawsuit is the worst mistake you can make. Failing to respond allows them to get a default judgment. Default judgments lead to wage garnishment and bank account levies. They can also add lawyer fees, court costs, and interest.
Respond first, then negotiate settlement. Here are proven methods to fight back.
Challenge Their Right to Sue You
Kirschenbaum Phillips and Levy is not your original creditor. They either purchased your debt or were hired to collect it. Your debt has likely been sold multiple times for pennies on the dollar.
Challenge their ability to sue you. Anyone pursuing a lawsuit must prove they have standing. Kirschenbaum Phillips and Levy must show:
- An original credit agreement signed by you
- Documentation of the chain of custody
- Proof that paperwork is accurate and from the original creditor
Without proper documentation, they cannot legally sue you.
Push Back on the Burden of Proof
The burden of proof rests with whoever is suing you. Kirschenbaum Phillips and Levy must prove:
- You are responsible for the debt
- They have the right to sue you
- You owe the specific amount claimed
Asking for proof is an effective defense strategy. They must show documentation of purchases, payments, and current balance calculations.
Without proper documentation, they have no case. Many lawsuits get dismissed when collectors cannot provide adequate proof.
Point to the Statute of Limitations
The statute of limitations governs how long creditors can sue you. Each state has different time limits, typically four to six years. The clock starts on the last day you were active on the account.
Never pay an old debt before confirming its statute of limitations status. Making a payment restarts the clock. Check if the debt is time-barred before taking any action.
If the debt exceeds the statute of limitations, raise this as an affirmative defense. The case will be dismissed.
File a Counterclaim Against Kirschenbaum Phillips and Levy
If Kirschenbaum Phillips and Levy violated the FDCPA, file a counterclaim. Debt collectors who violate federal law may have to:
- Pay your legal fees
- Pay up to $1,000 in damages per violation
- Drop your lawsuit entirely
Filing a countersuit often leads to case dismissal. Collectors don’t want to face their own legal liability.
How to Respond to a Debt Lawsuit
Responding to a lawsuit requires filing a written Answer document. Follow these three steps:
- Respond to each claim in the Complaint. You can admit, deny, or deny due to lack of knowledge. Deny as many allegations as possible. Making them prove everything increases your leverage.
- Assert your affirmative defenses. These are legal reasons they don’t have a valid case. Common defenses include statute of limitations, improper service, and lack of standing. If any defense applies, the case gets dismissed.
- File the Answer with the court and send a copy to the firm. File before your deadline, which is 14-35 days depending on your state. Send a copy via USPS certified mail with return receipt requested.
Our partner Solo helps you respond to debt lawsuits in all 50 states. You can create your Answer document and file it properly.
Negotiate a Settlement With Kirschenbaum, Phillips & Levy P.C.
Settling your debt is often the most practical option. Debt collectors purchase debts for pennies on the dollar. They’re motivated to settle for less than you owe.
Follow these proven steps to settle:
- Respond to the lawsuit first. File your Answer to avoid default judgment. You cannot negotiate effectively with a judgment against you.
- Start with a low settlement offer. Begin at 25-30% of the total debt. Gradually increase your offer using the Ackerman bargaining method. Make small incremental increases to maximize savings.
- Get everything in writing before paying. Never pay without a written settlement agreement. The agreement should state the amount, that payment satisfies the debt in full, and that the lawsuit will be dismissed.
Document everything throughout the process. Keep copies of all correspondence and payment records.
Negotiating with debt collectors is stressful and time-consuming. Our partner Solo manages the entire negotiation process for you. They handle all communication while keeping your financial information private.
Protect Yourself During Settlement Negotiations
Never give debt collectors access to your bank account. Never provide your account information over the phone. Pay only after you have a written settlement agreement.
Insist on these terms in your settlement agreement:
- The specific settlement amount
- That payment satisfies the debt in full
- That they will dismiss the lawsuit with prejudice
- That they will not report the debt or update credit reporting
Review the agreement carefully before signing. Consider having an attorney review it.
What Happens After You Settle
After you pay the settlement amount, the firm should dismiss the lawsuit. Request a dismissal with prejudice, which prevents them from suing you again.
Obtain a satisfaction of judgment if a judgment was already entered. File this document with the court to clear the public record.
Monitor your credit reports after settlement. Ensure the debt is updated correctly. The account should show as settled or paid.
Keep all settlement documents permanently. You may need them if collection attempts resurface years later.