Are You Being Called By Kahrs Law Offices, P.A.?* Here’s What You Need to Know
When you are so deep in debt that even minimum payments are impossible, the stress can be overwhelming. It gets worse when debt collectors start picking up where the creditors left off, as their collection methods can be aggressive to the point of abuse. Should you find yourself in such a situation, be aware that you don’t have to tolerate bullying or harassment. The law says so.
Your Rights Under the FDCPA
The Fair Debt Collection Practices Act (FDCPA) was passed in 1977 to protect consumers from third-party debt collectors who were abusing people to the point of bankruptcy. The FDCPA prohibits actions like the following, which can cause an agency to lose its license.
- Swearing and calling names
- Claiming that you can be arrested, have your assets seized, or have your wages garnished if they do not pay
- Calling you at work if they know what such calls are not allowed
- Calling you before 8:00 a.m. and after 9:00 p.m. in your time zone
- Refusing or failing the validate the debt
- Demanding amounts not supported by law or the original creditor agreement
Company Profile: Kahrs Law Offices, P.A.
If you are being called by Kahrs Law Offices, P.A, information about the company is below.
Kahrs Law Offices, P.A. is a debt collection law office located in Wichita, Kansas. It was established in 1995, has 10-19 employees, and is managed by President and CEO Mark Kars. Files archived at the PACER (Public Access to Court Electronic Records) website confirm that certain people who believed they were being harassed by Kahrs Law Offices, P.A. used the court system to fight back.
Alleged Violations against Kahrs Law Offices, P.A.
Keith Scroggins vs. Kahrs Law Offices, P.A.*
According to PACER, on or about October 28, 2010, Kahrs Law Offices, P.A. filed a lawsuit against Kansas resident Keith Scroggins to collect an alleged payday loan debt. A judgment was entered against him the following month in the amount of $666.55, with the principal balance of unpaid loan proceeds bearing interest at the rate of 3% monthly from the date of judgment until the date the judgment was paid in full.
Soon afterwards, Mr. Scroggins contacted Kahrs Law Offices, P.A. and offered to pay $75.00 until he had paid a total of $665, with no interest accruing, which the firm allegedly accepted.
By June 9, 2011, he had made six payments for a total amount of $450, and presumed that the outstanding balance was only $215. When he called to confirm, he was allegedly told that he still owed over $400 on the debt. When asked how that was possible, a firm representative allegedly replied that he was being charged interest on the balance. Mr. Scroggins immediately asked to speak to Mr. Mark Kahrs, but was allegedly told that Mr. Kahrs did not want to talk to him.
As of July 2011, Mr. Scroggins believed he had made all his payments in a timely manner and in accordance with the terms of the payment plan entered into between the parties. However, on or about July 21, 2011 Kahrs Law Offices, P.A. garnished his bank account in the amount of $242.59.
Feeling harassed by Kahrs Law Offices, P.A,, Mr. Scroggins hired a consumer attorney and sued the firm for allegedly violating the FDCPA in the following ways:
- Using harassing and abusive means to collect a debt
- Using false, deceptive or misleading means to collect a debt
- Using unfair and unconscionable means to collect a debt
- Misrepresenting the character, amount, or legal status of the debt
The matter was later settled.
Hire an Attorney
The phone number for Kahrs Law Offices, P.A. is 1-316-269-4343. If it appears on your caller ID when the phone rings, you are being called by Kahrs Law Offices, P.A.. If they appear to renege on a payment agreement and demand more than you believe you owe, hire a consumer attorney. Deceptive collection tactics are illegal under the FDCPA, and if you file a claim against Kahrs Law Offices, P.A., you could potentially be awarded $1,000 per violation as well as attorney’s fees, court costs, and any actual damages. Whatever you owe, if a collection agency violates your rights it could end up having to pay you instead.
*Case taken from PACER (www.pacer.gov). File number is Case 2:11-cv-02560-KHV-KGG from the United States District Court for the District of Kansas.
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 Kahrs Law Offices, P.A. or any other third-party collection agency, you may not be entitled to any compensation.