Thousands of people greeted the New Year with huge amounts of debt, thanks to holiday spending, and January layoffs in some industries may eventually compromise their ability to pay.
Although debt collectors are supposed to treat indebted consumers with understanding and respect, this doesn’t always happen, so everyone should understand their rights when they have a debt in collections.
Your Rights Under the FDCPA
The Fair Debt Collection Practices Act, or FDCPA, was passed in 1977 and continues to be a major consumer protection law. It gives you the right to dispute a debt and tell the debt collector to stop calling and sending you letters.
In addition, it gives you the right to sue a collection agency that does any of the following:
- Leaving aggressive and obscene voice messages
- Telling you that you have committed a crime and will go to jail
- Refusing to identify themselves as debt collectors in all communications
- Trying to make you pay immediately although you have 30 days to dispute the debt
- Chasing you for a debt that doesn’t even belong to you
- Demanding payment for a debt that was discharged in a bankruptcy
Company Profile: Kondaur Capital Corporation
If you are being called by Kondaur Capital Corporation, additional details about the company background and workforce are below.
Kondaur Capital Corporation is a debt collection agency located in Orange, California, with a branch office in Farmington Hills, Michigan. It opened for business in 2007, has 126 employees, and is managed by its President, Harvey VanEman.
A close review of PACER legal records indicates that consumers who felt that they were being harassed by Kondaur Capital Corporation learned about their rights and acted on them.
Alleged Violations against Kondaur Capital Corporation
According to PACER, on or around February 26, 2014, Kondaur Capital Corporation sent a collection letter to a consumer regarding a mortgage debt. The property in question had been foreclosed upon the previous November, making the debt legally uncollectible.
Feeling harassed by Kondaur Capital Corporation, the consumer sued the company for the following alleged breaches of the FDCPA:
- Using false, deceptive, and misleading means to collect a debt
- Misrepresenting the legal status of the debt
The matter was later dismissed.
Hire a Consumer Lawyer
The phone numbers for this collection agency are:
Seeing them on your caller ID is confirmation that you are being called by Kondaur Capital Corporation about a debt. If they demand that you pay a debt that was resolved in an earlier court action, don’t pay it- after a consultation, hire a consumer lawyer and file a claim against Kondaur Capital Corporation.
No debt collector is above the law, so when you’re dealing with one that crosses the line, you have remedies available under the law.
Case taken from PACER (pacer.gov). File number is Case 2:14-cv-00704-SPC-CM from the United States District Court for the Middle District of Florida, Fort Myers 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 Kondaur Capital Corporation, or any other third-party collection agency, you may not be entitled to any compensation.