When debt collectors are calling you at home and work nearly every day, you may be wondering if bankruptcy is your only escape. What you likely don’t realize is that collecting debts may be legal, but harassment is not, and you can make it stop.
Your Rights Under the FDCPA
The Fair Debt Collection Practices Act or FDCPA, was passed over 40 years ago to prevent debt collectors from abusing the rights of consumers. Even today, actions like those below are illegal and don’t have to be tolerated.
● Failing to identify themselves as debt collectors seeking to collect a debt
● Using obscene, profane, and threatening language
● Pretending to be attorneys or police officers on the phone
● Refusing to provide you with information about the debt upon request
● Failing or refusing to report a debt as disputed to the credit bureaus
● Persisting in trying to collect a disputed debt
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Company Profile: Blackstad, Hrabe & Kirkorsky, LLC
If you are being called by Blackstad, Hrabe & Kirkorsky, LLC, a company overview is below.
Blackstad, Hrabe & Kirkorsky, LLC, which also does business as BHK Financial, is a debt collection agency in Mesa, Arizona. It was established in 2001, has nine employees, and is managed by Robert B. Blackstad. Archived lawsuit records at the PACER website show that people who believed they were being harassed by Blackstad, Hrabe & Kirkorsky, LLC got a free case evaluation from a consumer lawyer before fighting back.
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Alleged Violations against Blackstad, Hrabe & Kirkorsky, LLC
According to PACER, on or around July 3, 2019, Blackstad, Hrabe & Kirkorsky, LLC sent a collection letter to an Illinois consumer. It stated, in part, “[i]n order to stop any further efforts to collect this debt, please contact this office and make arrangements, or send a certified check or money order in the self-addressed envelope provided.” The language appeared to suggest that he could not stop collection efforts by disputing it.
Feeling harassed by Blackstad, Hrabe & Kirkorsky, LLC, the consumer sued the company for:
● Using deceptive means to collect a debt
● Misrepresenting his right to dispute the debt
The matter was later settled.
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Hire a Consumer Lawyer
The phone number for this debt collection agency is 1-602-248-9828. Its presence on your caller ID means that Blackstad, Hrabe & Kirkorsky, LLC is trying to contact you. If they send collection letters implying that you have no ability to dispute the debt, meet with a consumer lawyer and file a claim against Blackstad, Hrabe & Kirkorsky, LLC A court could award you $1,000 in statutory damages, so when debt collectors try to convince you that they have the upper hand, don’t believe them.
*Case taken from PACER (www.pacer.gov). File number is Case: 1:19-cv-04912 from the United States District Court for the Northern District of Illinois, Eastern Division.
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Additional Resources
Disclaimer: The content of this article serves only to provide information and should not be constructed as legal advice. If you file a claim against Blackstad, Hrabe & Kirkorsky, LLC or any other third-party collection agency, you may not be entitled to any compensation.