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How to Negotiate With Malen & Associates and Settle Debt

George Simons | January 29, 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: Is Malen & Associates suing you for a debt? Respond with a written Answer to avoid default judgment, and reach out to the law firm to negotiate a payment plan for less than the original amount. They should work with you, and SoloSettle can help you negotiate.

Being sued for debt is never fun. Whether you have been called multiple times and you are ignoring those calls, or you never received a Complaint and Summons in the mail, you need to know your rights. The first thing to know is that ignoring the lawsuit is not a good idea. If you don’t engage you will automatically lose the case. You have a better chance of paying less in a settlement, or not at all if you properly approach the lawsuit.

Settle debt with Malen & Associates

You can negotiate debt settlement at any stage of the collections process. SoloSettle makes it easy.

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What is Malen & Associates?

Malen & Associates is a debt collection law firm located in Westbury, New York. With 30 years in the business, they focus on cases of collections, bankruptcy, foreclosure, and real estate closings. Having many names over the years, you may have been previously sued by Dennis S. Malen, P.C. or Dennis S. Malen & Associates, P.C.

Who does Malen & Associates collect for?

Representing original creditors, debt buyers, and other debt-collection companies, Malen & Associates frequently collects for Bank of America, CACH, LLC, Capital One, CKS Prime Investments, Municipal Credit Union, Portfolio Recovery Associates, and Velocity Investments LLC.

Read Malen & Associates reviews online

Looking for intel on what other people have shared about their interactions with Malen & Associates, especially when it comes to debt collection? If so, check out these legit online reviews:

Objectively, the online reviews of Malen & Associates are not all glowingly positive. Nevertheless, there are online reviews showing that people can engage in productive communications with their attorneys. Take, for example, the review posted by a borrower named Adam:

“Credit card company didn't want to set a payment plan, but Malen and Associates were willing to work with me on a plan. Always pleasant when I call in to make my monthly payment. Thank you for doing what Capital One wouldn't do!”

Adam’s review highlights the importance of proactively reaching out to a debt collector or debt collection law firm to discuss your situation. Effective communication increases the likelihood of achieving a resolution to your debt issue.

Know your rights under the FDCPA

The Fair Debt Collection Practices Act (FDCPA) is a set of laws passed in 1977 to protect consumers from third-party debt collectors. The laws were passed because it was found that debt collectors were consistently harassing and threatening people who were in debt. The FDCPA has strict limits on what collection agencies are able to do in their approach to consumers while looking to collect on a debt. The FDCPA prohibits the following:

  • Swearing or calling names.
  • Calling and hanging up on purpose.
  • Calling you at work knowing that this is not allowed.
  • Not disclosing that they are a debt collector attempting to collect a debt.
  • Calling before 8:00 a.m. and after 9:00 p.m.
  • Claiming that you can be arrested when you cannot be.
  • Claiming they will garnish your wages or have your assets seized if they do not have a default judgment.

Get every communication with Malen and Associates in writing

Many debt collection agencies misrepresent information as a tactic to push the debtors into honoring their debts. Some claims are often made through a phone call.

As a result, it is difficult for a debtor or court to hold debt collectors accountable for undocumented claims. You must request the collection company to make every claim in writing. FDCPA requires that official communication from the debt collectors be done through the U.S mail system.

You have a right to ask Malen & Associates to mail you an official communication. If they ignore this request, you may be able to defend yourself in court, citing their lack of response.

Make the right defense the right way with SoloSuit.

Ask Malen & Associates to provide proof of debt

Malen and Associates buys charged-off debts that may have lost track of the details of the debt, especially if the debt has moved from one debt collector to another. You may challenge Malen & Associates to disclose more information, such as the original creditor, the amount owed, the procedure for disputing the debt, and proof that the debt has not been cleared.

If they do not provide those details within 30 days, you can dispute the debt claims. Malen & Associates cannot pursue your case and use any debt collection tactics against you until they provide the requested information.

If they ignore your request and go ahead with filing a lawsuit, you can file a small claim action against them in a state court. You will need to provide the following evidence for your case:

  • A mailed letter to Malen and Associates requesting the information.
  • Proof that the letter was delivered to Malen and Associates and received.
  • Failure by Malen & Associates to provide the information within the stipulated 30 days.

Use these tips to negotiate with Malen & Associates

With the assistance of SoloSettle, you can take proactive steps to try and negotiate a debt settlement with Malen & Associates where you wind up only paying a portion of what is actually owed.

Many debt collectors, including lawyers with Malen & Associates, may be amenable to accepting a settlement for an amount less than what you owe. Here are some recommended steps to try and settle your debt:

  1. If Malen & Associates already filed a debt collection lawsuit, make sure to file an Answer so you avoid the court entering a default judgment against you.
  2. Calculate what you can pay toward the debt via a negotiated settlement by using the following formula: Amount available to settle = (monthly income – monthly costs) + savings)
  3. Contact Malen & Associates and convey your settlement offer. Generally speaking, your initial offer should be less than what you calculated in Step 2.
  4. Malen & Associates might decline your opening offer, so be prepared to go through multiple rounds of negotiations.
  5. In the event you are able to reach a debt settlement agreement, make sure to get the terms in writing.

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Make an Offer

To get additional info about these debt settlement tips and others that may help you to settle debt with Malen and Associates, watch the following interview with a consumer rights attorney, John Skiba, where he shares the best tips for negotiating debt settlement with collectors and debt settlement attorneys affiliated with Malen and Associates:

Respond to a debt lawsuit against Malen & Associates

If Malen and Associates is suing you for a debt, you should have received some legal documents in the mail called the court Summons and Complaint. The Summons notifies you of the lawsuit, and the Complaint lists the specific claims that Malen and Associates is making against you. The first step to winning your case is to respond to the Summons and Complaint by filing a written Answer. Here's how.

Follow these three steps to respond to a debt lawsuit against Malen and Associates:

  1. Answer each claim listed in the Complaint document: The first and most important section of your Answer should focus on responding to the claims listed in the Complaint document. You can admit, deny, or deny due to lack of knowledge. Most attorneys recommend denying as many claims as possible.
  2. Assert your affirmative defenses: An affirmative defense is any legal reason that Malen & Associates' case in inavlid. A common affirmative defense to mention in a debt lawsuit case is the statute of limitations on debt. If the statute of limitations on a debt has passed, the Malen and Associates cannot sue you for the debt. There are several other affirmative defenses you can bring up to strengthen your side of the case.
  3. File the Answer with the court, and send a copy to Malen and Associates: After you've drafted your Answer, you should file it within the court's deadline. The deadline to respond to a debt lawsuit is anywhere from 14-35 days, depending on which state you live in. Make a copy of the Answer and send it, via USPS certified mail, to the attorneys representing Malen & Associates.

Respond to a debt collection lawsuit in minutes.

To learn more about these three steps, check out this video:

What to do if you are sued by Malen & Associates

We've covered a lot here, but here's a quick overview of what to do if you get sued by Malen & Associates and how you can beat them in court:

  • Know your rights under the FDCPA when Malen & Associates contacts you.
  • Take careful notes when you receive phone calls before 8:00 am or after 9:00 pm. Debt collectors are prohibited from calling you before or after regular business hours. They also cannot call you at work or use foul language.
  • Be sure to file an Answer to the debt collection lawsuit within the proper time frame.
  • In the Answer, you should consider raising at least one affirmative defense, such as the company violated the FDCPA. Also, demand that ERSolutions prove that you owe the amount they say. They also need to prove you are the person who owes the debt.
  • Consider filing a counterclaim if you think they violated the FDCPA.

These are effective methods for how to beat Malen and Associates in court.

Good luck!

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