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Collections Law/Being Sued By Kirschenbaum & Phillips


Hi Mr. Shear:

I have a problem.  I'm being sued by Kirschenbaum and Phillips who is representing a collection agency that buys old debt.

This account that they are suing me on I do not owe because I had a credit protection insurance plan that I bought through the original credit card company should I lose my job.  I became unemployed before defaulting on the card.  What should I do?

I paid for the insurance every month in addition to the balance before I became unemployed.  This is not fair or just.  Thanks for your help!


Good question.  They should not seek a credit balance from you if the original creditor's protection product should pay off the balance due.  Credit Card Companies aggressively market products that pay off an account balance if the consumer becomes unemployed, disabled or dies.  

If this product was purchased and a covered event occurred, you should seek payment from the creditor.  If the collector argues that the consumer does not qualify for the product benefit (because of age, disability, and so forth#, then the consumer should not have been paying for the product, and should receive a rebate of all charges and related finance charges.

Hope this answers your question.  If need further assistance to dispose of this collection case, please call me directly.

Jason A. Shear, Esq.
Attorney at Law
Admitted in NY & NJ
Law Offices of Jason A. Shear
Buffalo, New York
Telephone: (716) 566-8988

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Jason Shear, Esq.


I can answer questions for residents of New York and New Jersey regarding creditor harassment claims under the Fair Debt Collection Practices Act (FDCPA); credit reporting errors under the Fair Credit Reporting Act (FCRA); debt collection defense/credit card defense; student loan law; and consumer class actions. I can also answer questions relating to consumer debt defense/collection agency defense, specifically pertaining to consumers being sued or harassed by collection agencies or NY collection attorneys. If you live in New York and have been contacted or sued by firms such as: Mel Harris & Associates, Forster & Garbus, Rubin & Rothman, Choi Law Office, Lacy Katzen, Malen & Associates, Solomon & Solomon, Daniels & Norelli, Cohen & Slamowitz, Pressler & Pressler or others; give us a call at (716) 566-8988.


I have obtained settlements for consumers in NY and NJ under the FDCPA and FCRA. I have successfully defended consumers who were sued by collection agencies/debt purchasers in the New York State courts.

National Association of Consumer Advocates (NACA) Law Offices of Jason Shear Consumer Attorneys 3957 Main Street, Second Floor Buffalo, New York 14226 (716) 566-8988

BA/BS, Accounting & Political Science, Hunter College. Juris Doctor, Univ. at Buffalo Law School. LLM (Criminal Law), University at Buffalo.

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