If debt collectors are harassing you, your situation is not unique. Thousands of people have had an account in collections, and collection agencies are not always civil when dealing with consumers. If you’re being yelled at, belittled, or threatened, get a free case review from a consumer lawyer to learn more about your rights.
Your Rights Under the FDCPA
The Fair Debt Collection Practices Act is enforced by the Federal Trade Commission. It controls what how debt collectors may communicate with you and prohibits actions like the following when trying to collect or settle a debt:
- Reporting incorrect information to the credit bureaus
- Calling you outside the hours of 8:00 a.m to 9:00 p.m.
- Posing as law enforcement officers to scare you into paying
- Failing to send a debt validation letter within five days of first contacting you
- Claiming that you can go to jail for not paying a debt
- Harassing you over a debt that isn’t yours
Company Profile: Kimball, Tirey, and St. John
Kimball, Tirey, and St. John is a law firm with a debt collection practice located in San Diego, California with offices in Irvine, Los Angeles, Concorde, and Elk Grove. It was founded in 1997, employs 465 people, and is overseen by Ted Kimball. Records at the PACER legal archive confirm that those who believed Kimball, Tirey, and St. John was harassing them acted on their legal right to sue.
Alleged Violations against Kimball, Tirey, and St. John
According to PACER, on or around October 6, 2016, Kimball, Tirey, and St. John served a California consumer with a three day notice to pay rent or quit, along with a letter, alleging that she owed $1046.90 for unpaid rent in the month of October. This debt arose from rent withheld due to alleged failure to make repairs.
This letter was followed by a complaint against her, now alleging she owed $4,226 in unpaid rent. After receiving the summons and complaint, the consumer called the apartment manager, who informed her that the money allegedly owed was from June 2016. By and through her attorney, she disputed this debt by letter on November 4, 2016, and requested validation of the alleged debt.
Kimball, Tirey, and St. John allegedly responded directly to her, rather than her attorney, now asserting that she owed $4567.84 for October and November, and allegedly refused to provide any verification of the alleged debt. The firm continued to prosecute the detainer case until December 2016, when they dismissed it.
Feeling harassed by Kimball, Tirey, and St. John, the consumer sued the firm for:
- Contacting her directly instead of her attorney
- Using coercive and misleading means to collect a debt
- Failing to validate the debt
A court ordered the firm to pay her $25,000 in attorney’s fees and costs.
Hire a Consumer Lawyer
The phone numbers for this debt collection agency are:
If they appear on your caller ID, the calls being made by Kimball, Tirey, and St. John. If they harass you with legal acton and fail to even validate the debt, get a free case review from a consumer lawyer and file a claim against Kimball, Tirey, and St. John. The court could award you $1,000 for every violation of the law, so if a debt collector is overbearing, you can take a stand.
*Case taken from PACER (pacer.gov). File number is Case 3:17-cv-05523-JCS from the United States District Court for the Northern District of California, Oakland Division.
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 Kimball, Tirey, and St. John or any other third-party collection agency, you may not be entitled to any compensation.