Malen & Associates

A New York Debt Relief Attorney Can Represent You

Malen & Associates, P.C. is a debt collection law firm with its office located at 123 Frost St., Westbury, NY 11590. With approximately 30 years of experience, this law firm has practices within the fields of creditor’s rights, collections, bankruptcy, foreclosure, and real estate closings. The firm has changed names since its inception and has been previously known at Dennis S. Malen, P.C. and Dennis S. Malen & Associates, P.C. The firm represents original creditors, debt buyers, and other debt-collection companies such as Portfolio Recovery Associates, Bank of America, Velocity Investments LLC, and CACH, LLC. The Better Business Bureau reports indicate that Malen & Associates has had one complaint filed against them within the past three years, one of which was closed within the past twelve months.

Cases filed against Malen & Associates, P.C. included the following:

• Simmons v. Roundup Funding, LLC, Malen & Associates, P.C.:This case was decided by the United States Court of Appeals for the Second Circuit on October 5, 2010. Simmons brought a putative class action against creditor and creditor’s counsel, alleging inflated proof of claim filed in debtors’ bankruptcy proceedings constituted violation of the Fair Debt Collection Practices Act. Simmons alleged that creditor and creditor’s counsel misrepresented the amount of plaintiff’s debt. Malen and Roundup moved to dismiss under Rule 12(b)(6) on the ground that an inflated proof of claim in bankruptcy court cannot form a basis for an FDCPA action as a matter of law and sought costs and attorney’s fees. The Court of Appeals held that the inflated proof of claim filed by creditor in debtors’ bankruptcy proceeding could not form a basis for a claim under the FDCPA, but the award of attorney’s fees and costs related to defendants’ motion to dismiss was not warranted. (Simmons v. Roundup Funding, LLC.,622 F. 3d. 2010 (2d Cir. 2010)).
• In a recent case against Malen & Associates, we were able to negotiate a settlement for our client, reducing the balance from more than $9,000 down to a $4,600 lump sum payment.
• In a recent case against Malen & Associates, we were able to negotiate a settlement for our client, reducing the balance from more than $47,000 down to a $10,500 lump sum payment.

Aslam v. Malen & Associates, P.C:This case was decided by the United State District Court for the Eastern District of New York on April 1, 2009. Aslam filed a complaint against Malen & Associates, alleging violations of the Fair Debt Collection Practice Act. Following the first day of trial the parties reached a settlement agreement whereby (1) the defendant agreed to pay $282 in actual damages; (2) the defendant agreed to pay $1,000 in statutory damages; (3) the plaintiff agreed to waive any additional claim for actual damages; (4) the defendant agreed to remunerate the Plaintiff for costs not to exceed $1500; and (5) the parties agreed to have the Court decide attorneys’ fees. The District Court found that since the Plaintiff achieved a high degree of success, it would not reduce counsel’s fee award. (Aslam v Malen & Associates., 669 F.Supp. 2d 275 (E.D.N.Y 2009)).