Sued by Kirschenbaum, Phillips & Levy PC? Settle It

George Simons | January 28, 2025

Fact-checked by Patrick Austin, J.D.

Patrick Austin
Attorney from George Mason
Patrick Austin, JD

Patrick Austin is a licensed attorney with a background in data privacy and information security law. Patrick received his law degree at George Mason University's Antonin Scalia Law School, where he served as the Editor-in-Chief for the National Security Law Journal.

George Simons
Co-Founder of SoloSuit
George Simons, JD/MBA

George Simons is the co-founder and CEO of SoloSuit. He has helped Americans protect over $1 billion from predatory debt lawsuits. George graduated from BYU Law school in 2020 with a JD-MBA. In his spare time, George likes to cook, because he likes to eat.

Edited by Hannah Locklear

Hannah Locklear
Editor at SoloSuit
Hannah Locklear, BA

Hannah Locklear is SoloSuit’s Marketing and Impact Manager. With an educational background in Linguistics, Spanish, and International Development from Brigham Young University, Hannah has also worked as a legal support specialist for several years.

Summary: Kirschenbaum, Phillips & Levy is a debt collection law firm. To settle your debt, respond to the lawsuits to block a default judgment. Then, reach out to negotiate and secure the agreement in writing. SoloSettle streamlines the settlement process for you.

Unfortunately, it is very common for Americans to fall into debt. In fact, more than 70 million Americans have dealt with debt collectors, and many of them have felt threatened by them as well. Threats or harassment by a debt collector is illegal, and you need to know your rights, as well as what you should do if you are being sued for a debt.

Here's everything you should know about Kirschenbaum Phillips and Levy and how to settle your debt.

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Who is Kirschenbaum, Phillips & Levy P.C.?

Kirschenbaum, Phillips & Levy P.C. is a third-pay debt collection law firm and agency. The firm is headquartered in Long Island, New York, and represents creditors in debt recovery lawsuits filed throughout New York City. Getting calls, or receiving notice of a lawsuit from debt collectors like Kirschenbaum Phillips and Levy, is not something that you want to deal with.

Who does Kirschenbaum, Phillips & Levy P.C. collect for?

Kirschenbaum, Phillips & Levy P.C. files debt collection lawsuits on behalf of various companies operating in different sectors of the economy. For example, routinely collects for Discover, Capital One, BMW auto loans, and credit union loans.

Read Kirschenbaum, Phillips & Levy P.C. reviews online to prepare for negotiations

If you are curious to know what people have said about their interactions with Kirschenbaum, Phillips & Levy P.C. on different debt collection matters, then take a moment to read these reviews:

While the online reviews of Kirschenbaum, Phillips & Levy P.C. are fairly mixed, there are reviews reflecting the fact that debtors can have a generally pleasant experience communicating with lawyers with Kirschenbaum, Phillips & Levy P.C. to resolve debt. Let’s consider a real example from a consumer named Linda:

“I recently obtained POA for an elderly family member and had NO idea of the poor credit history. Long story short a joint account was garnished. Shanna McKenzie and Albert Ras were very prompt at answering my frantic calls and emails and very patiently answered the myriad of questions. I wired the required funds and the account was restored within days. They have a hard job - not one I would ever aspire to - and I appreciated their professionalism. Thank you.”

This review shows that lawyers with Kirschenbaum, Phillips & Levy P.C. are open to working with you to resolve your concerns and get your debt paid in a manner that works for you and your current financial situation. Communication is the key.

If calling a debt collector to negotiate doesn’t sound like your idea of fun, try using SoloSettle to negotiate online and resolve your debt through the digital settlement platform.

Know your rights under the FDCPA when Kirschenbaum, Phillips & Levy P.C. contacts you

According the FDCPA, debt collectors are prohibited from using any of the following actions to collect on debts:

  • Threatening a consumer with legal action when they don't intend to follow up on it.
  • Repeatedly calling the consumer throughout the day or letting the line ring non-stop.
  • Not providing proper validation of the debt.
  • Saying or implying that the consumer is a criminal for not paying their debt.
  • Using deceptive means to attempt to collect a debt.
  • Contacting third parties, such as a relative or friend, to try to coerce the consumer to pay a debt.

Any of these actions violate the FDCPA, and the consumer has the right to file a claim against the debt collector if they experience actions that are contrary to the law.

Violations of the FDCPA by Kirschenbaum Phillips and Levy

There have been many complaints against Kirschenbaum Phillips and Levy, like we mentioned, due to violations of the FDCPA. There was even a class-action lawsuit over alleged violations of the Fair Debt Collection Practices Act (FDCPA). This lawsuit claims that Kirschenbaum Phillips and Levy sent collection letters to class members over debts owed to a bank called Barclays Bank in Delaware.

Allegedly, Kirschenbaum Phillips and Levy misled the plaintiff into thinking a proposed debt settlement would be valid only if payment was received by a certain date. However, the settlement was not a “limited time offer”. By mentioning this, it was a violation of the FDCPA. This is a deceptive practice used to force the consumer to pay their debt.

Settle debt with Kirschenbaum Phillips and Levy outside of court

If you have received a lawsuit from Kirschenbaum Phillips and Levy, then you will need to respond. This is essential and must be done through a written legal Answer response.

Not responding to a debt collection lawsuit is the worst thing you can do. If you do not respond, it will allow the Kirschenbaum, Phillips & Levy debt collector to get a default judgment against you. This can lead to wage garnishment or the ability to take money from your bank account. They may even be able to charge you with lawyer fees, add court costs, and interest to the balance.

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The first step to settling your debt with Kirschenbaum Phillips and Levy is to respond to the lawsuit. Here are some methods you can use to respond.

Challenge Kirschenbaum, Phillips & Levy's right to sue

Instead of assuming the debt collector has the right to legally sue you, one way to respond to a debt lawsuit is to challenge their right to sue you. Because Kirschenbaum Phillips and Levy is a debt collection law firm, it means that they are not your original creditor. This also means that they have either purchased the debt, or been paid to sue you. Once your debt reaches this point it has often been sold one or more times. It is also usually purchased for pennies on the dollar.

This ends up being a good opportunity for you to question their ability to sue. Anyone who is pursuing a lawsuit against you is legally required to show proof that they have a right to do so. For example, Kirschenbaum Phillips and Levy must show an original credit agreement signed by you, as well as the documentation of the chain of custody of all paperwork. This is proof that your paperwork is accurate and came from the original creditor. If they cannot provide this, they cannot legally sue you.

Push back on the burden of proof

When you are served papers for debt, the “burden of proof” rests with the person or entity suing you. This means that whoever is suing you has to prove the following:

  • That you are responsible for the debt
  • That they have the right to sue you
  • That you owe a specific amount

Asking for proof of the amount is a great way to defend yourself in a debt collection lawsuit, and beat Kirschenbaum Phillips and Levy in court. When you ask for proof, they must show that there is proof of the balance having been increased when you made purchases, or that the current balance is accurate and reflects all previous payments.

Without the proper documentation to prove their claims, Kirschenbaum Phillips and Levy has no case. This is why it's important to challenge their right to sue you, because it may lead to them dismissing the case altogether.

Point to the statute of limitations

The statute of limitations is a law that governs how long a creditor can legally sue you for a debt. Every state has a different amount of time, but typically it ranges from four to six years. It is important to note that the statute of limitations time period starts on the last day you were active on an account. This might include using a credit card or accessing a line of credit. Therefore, you should not pay a debt that is in the process of being sued, especially one that is older, before confirming where it sits within the statute time period.

Making a payment on the account will restart the clock on the statute of limitations. So always check if the debt is valid before paying a debt collector.

File a counterclaim against Kirschenbaum Phillips and Levy

After looking into the Fair Debt Collection Practices Act, you might have realized that your rights have been violated by Kirschenbaum Phillips and Levy. Debt collectors that violate the FDCPA may have to pay your legal fees, as well as $1000 in damages for each violation. Additionally, they will often drop your lawsuit altogether if you file a countersuit.

Respond to a debt lawsuit against Kirschenbaum, Phillips & Levy

If you've been sued for a debt by Kirschenbaum, Phillips and Levy, the first step to winning your case is to respond to the lawsuit with a written Answer. Here's how.

  1. Respond to each claim listed in the Complaint document. You can admit, deny, or deny due to a lack of knowledge. Most attorneys suggest that you deny as many allegations as possible. This makes Kirschenbaum, Phillips & Levy's work harder because they have to gather all the necessary documentation to prove the debt is actually yours.
  2. Assert your affirmative defenses. These are legal reasons that Kirschenbaum, Phillips & Levy doesn't have a case against you. A common affirmative defense to raise in a debt collection lawsuit is the statute of limitations. If the debt is past the statute of limitations, then Kirschenbaum, Phillips & Levy has run out of time to sue you for the debt. If this is true, the case will be dismissed.
  3. File the Answer with the court, and send a copy to Kirschenbaum, Phillips & Levy. Make sure to file before the deadline, which is 14-35 days, depending on which state you live. Make a copy to send to Kirschenbaum, Phillips & Levy via USPS-certified mail. You should also request a return receipt so you can prove that you properly sent the Answer to the opposing party.

You can learn more about these three steps in this video:

Settle Debt with Kirschenbaum, Phillips & Levy P.C.

If you're facing a lawsuit from Kirschenbaum, Phillips & Levy P.C., settling your debt is a practical option. Debt collectors often purchase debts for a fraction of their value, which opens the door for negotiation. Follow these steps:

  1. Respond to the Lawsuit: File a written answer to avoid default judgments.
  2. Negotiate a Settlement: Start with a low offer and gradually increase it. Use the Ackerman bargaining method or other strategies based on your financial situation and the collector's likely acceptance.
  3. Get Everything in Writing: Ensure all settlement agreements are documented to protect yourself from future claims.

Watch the video below to learn more about these steps and how to settle your debt:

SoloSettle can facilitate these steps, managing the negotiation and documentation process, and ensuring your financial information remains private. This approach not only helps you settle the debt for less but also protects you from potential legal pitfalls.


Solo can help you respond to a debt lawsuit in all 50 states.

How to Answer a Summons for debt collection in all 50 states

Here's a list of guides on how to respond to a debt collection lawsuit in each state:

The Ultimate 50 State Guide

Debt collector guides

Are you being contacted by a debt collector? We’re making guides on how to resolve debt with each one.

Arbitration

If the thought of going to court stresses you out, you’re not alone. Many Americans who are sued for credit card debt utilize a Motion to Compel Arbitration to push their case out of court and into arbitration.

Below are some resources on how to use an arbitration clause to your advantage and win a debt lawsuit.

Bankruptcy

Bankruptcy is a great way to legally resolve debt, but it's usually best to consider it as a last resort. Here are some bankruptcy guides to help you decide which debt resolution option is best for you.

Check your case status

Don’t have time to go to your local courthouse to check the status of your case? We’ve created state guides on how to check the status of your case throughout the US, complete with online search tools and court directories.

Credit

Debt has a big impact on your credit. Below is a list of guides on how to repair and improve your credit, even while managing major debt, along with other credit-related resources.

Debt collection FAQs

Find answers to some of our the most commonly-asked questions about debt collection below.

Debt collection documents and templates

If you're dealing with debt, these documents and templates will help you respond, protect your rights, negotiate, and resolve your debts.

Debt relief

We’ve created a specialized guide on how to find debt relief in all 50 states, complete with steps to take to find relief, state-specific resources, and more.

Debt settlement

Debt settlement is one of the most effective ways to resolve a debt and save money. We’ve created state guides on debt settlement. Find out how to settle in your state with a simple click and explore other debt settlement resources below.

Eviction

Facing an eviction? The following guides will help you navigate your situation with confidence.

Federal debt collection laws

Knowing your rights makes it easier to stand up for your rights. Below, we’ve compiled all our articles on federal debt collection laws that protect you from unfair practices.

Legal aid

Helping people find access to justice is at the heart of Solo's misison. If you're dealing with a legal debt issue, the following guides will help you through it.

Medical debt

Having a health challenge is stressful, but dealing with medical debt on top of it is overwhelming. Here are some resources on how to manage medical debt.

Personal finance

Learn how to manage your finances and overcome crushing debt. Check out our personal finance guides below.

State debt collection laws

Debt collection laws vary by state, so we have compiled a guide to each state’s debt collection laws to make it easier for you to stand up for your rights—no matter where you live.

Statute of limitations on debt

Like all debt collection laws, the statute of limitations on debt varies by state. So, we wrote guides on each state’s statutes and more.

Stop collection calls

Do you keep getting calls from an unknown number, only to realize that it’s a debt collector on the other line? If you’ve been called by any of the following numbers, chances are you have collectors coming after you, and we’ll tell you how to stop them.

Wage garnishment

Forgot to respond to your debt lawsuit? The judge may have ordered a default judgment against you, and with a default judgment, debt collectors can garnish your wages. Here are our guides on how to stop wage garnishment in your state, plus other wage garnishment resources.

The Debt Hotline

Hosted by Team Solo, The Debt Hotline breaks down debt and personal finance topics with help from attorneys, financial experts, and industry pros. We respond to real questions to help you navigate debt with knowledge and courage.

Other debt resources


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