Kirschenbaum Phillips & Levy debt collection law firm is headquartered in Long Island, New York. The firm represents creditors in debt recovery lawsuits filed throughout New York City.
Several years ago, the firm’s predecessor filed a collection lawsuit against one of our clients. The Complaint alleged our client had failed to pay a charged-off credit card account balance. We timely served an Answer to the lawsuit, and put up a fight to protect our client.
A few months later, the Kirschenbaum debt lawyers sent our client a Stipulation of Discontinuance. This document informed our client that the lawsuit was being cancelled. Our client was not required to make any payment to the Plaintiff in exchange.
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Years later, however Kirschenbaum & Phillips filed a motion in this same case, asking the judge to enter a judgment against our client for failure to pay the credit card debt at issue. Needless to say, our client was shocked that Kirschenbaum & Phillips debt collection was continuing as he thought the case had been Discontinued.
This situation caused particular trouble for our client, who had been going through a divorce during the intervening years. Financial negotiations with his ex-wife did not include the credit card debt at issue in the Kirschenbaum Phillips & Levy lawsuit. In fact, the charges on the account had been incurred by our client’s wife, and the creditor was now attempting to hold our client completely liable for the arrears.
We filed a motion of our own, asking the court to disregard the debt collector motion for summary judgment, and we succeeded in backing off this unfair and deceptive debt collection.
If you received a Notice of Discontinuance of a lawsuit from Kirschenbaum Phillips & Levy PC, check to see if it is stamped as “Filed” with the court. You can call the clerk’s office to confirm the status as case disposed, and find out the final case disposition. If the lawsuit status appears incorrect, you may file a motion asking the judge to enter the status as case dismissed.
Would you like a free consultation on how to respond to Kirschenbaum Phillips & Levy debt collection notices? Send us your documents and call or email us for a free case review today.