Consumer complaint received 2025-08-30 00:00:00
Product: Debt collection — I do not know
Issue: Took or threatened to take negative or legal action — Sued you without properly notifying you of lawsuit
Company: Malen & Associates, p.c.
State: NY

Complaint narrative:
I Demand immediate dismissal of this action based on improper service, lack of debt validation, and procedural defects that deprive this court of jurisdiction. 

1. False and Improper Service Claims Your affidavit claims that I was served on XX/XX/year>, at XXXXXXXX XXXX 

However, my XXXX doorbell footage proves no one appeared at my door at that time. 

What your process server actually did and what my timestamped XXXX camera footage clearly shows is that on XX/XX/year>, at approximately XXXXXXXX XXXX someone attached papers to my door. This is not only inconsistent with your sworn affidavit, but also constitutes an improper and invalid service under New York CPLR 308, which does not allow for service at that hour or by such a method without proper follow-up. 

Cameras dont lie. Your affidavit does. 

2. Incorrect Identification The summons and related filings do not even have my name spelled correctly. 

If you can not accurately identify the respondent, then there is no assurance that this action even pertains to me. Proceeding under an incorrect name is both procedurally defective and inherently prejudicial. 

3. Lack of Debt Validation Under the Fair Debt Collection Practices Act ( FDCPA ) 809 ( 15 U.S.C. 1692g ), I am entitled to full validation of any alleged debt before any legal action is taken. To date, I have received none of the following : A copy of the original signed agreement showing I am legally obligated to this debt. 
A complete chain of assignment, documenting how this alleged debt came to be in your firms control. 

A detailed accounting or payment history establishing the amount you claim is owed. Additionally information alleging you are legally able to make said allegations against me. 

Without this, there is no verified debt, and no legal standing to pursue any action against me. 

4. History of Identity Theft and Data Breaches I have been a documented victim of identity theft multiple times. 

I have filed police reports. 

I have reported to the Office of the Inspector General. 

My information was compromised in several breaches, including XXXX and XXXX XXXX XXXX XXXX. 

It is entirely possible this alleged debt stems from fraudulent use of my information. Until you provide documented proof of ownership and liability, your claim is baseless, and I am requesting it be thrown out of court. 

5. Financial Hardship As a full-time college student living below the federal poverty level and currently receiving public assistance, these harassing, baseless actions cause undue harm and violate both state and federal consumer protections. 

6. Demands Accordingly, I demand that your office : Immediately dismiss this action for lack of jurisdiction due to improper service and failure to validate. 
Provide full debt validation documentation, including signed contracts and chain-of-title evidence. 
Cease all collection activity and legal actions entirely.. 

Failure to comply will result in formal complaints being filed with the Consumer Financial the New York State Attorney General, and the Department of Consumer Affairs for violations of the FDCPA and related laws.

Conclusion This case is built on false affidavits, procedural errors, and a failure to validate an alleged debt. The court should dismiss this matter with prejudice and sanction any further attempts to collect on this unsubstantiated claim. 

Sincerely, XXXX XXXX Attachments : Timestamped XXXXXXXX XXXX  Footage : XX/XX/year> ( no service attempt ) Timestamped XXXXXXXX XXXX  Footage : XX/XX/year>, XXXXXXXX XXXX ( papers attached improperly ) Police Report ( Identity Theft/Robbery ) Correspondence with Credit Bureaus and Consumer Affairs

Company response to consumer: Closed with explanation