Is Messerli & Kramer, PA, calling you? Here's what you need to know*
Few of us intentionally get into deep debt, Like most people, we get a mortgage to buy a house, student loans to get an education, and credit cards to build a credit history.
Most, if not all consumers do so with the intention of paying it all back.
All it can take is a job loss or inability to work for those obligations to spiral out of control and debt collectors to begin calling.
Legally, debt collectors are required to treat you in a professional manner when discussing your debt, but that’s not always the case.
In 1977 the Fair Debt Collection Practices Act (FDCPA) was passed because ruthless debt collectors were linked to a rise in personal bankruptcies.
This consumer protection law made actions like the following illegal when committed while collecting or attempting to collect a debt.
- Swearing and using profane racist / sexist language
- Calling you outside of the hours of 8:00 a.m. and 9:00 p.m. your time
- Discussing the debt with anyone except you, your spouse, and your attorney
- Making threats they cannot legally carry out or have no intention of carrying out
- Telling you that you have committed a crime and will be arrested if you don’t pay
- Calling you at work after you’ve told them that your boss doesn’t allow such calls
Alleged Violations against Messerli & Kramer, PA*
Unfortunately, such hostile and deceptive tactics remain in use today because debt collectors count on you being too stressed or unaware of your rights to resist.
Messerli & Kramer, PA is a law office with locations in Minnesota (Minneapolis, St. Paul, Plymouth) Milwaukee, Wisconsin and Omaha, Nebraska.
It was established in 1965 and has an extensive debt collections practice. Records archived at the PACER (Public Access to Court Electronic Records) website indicate that Messerli & Kramer, PA has been accused of violating consumer rights while attempting to collect a debt.
Lawrence Josephs vs. Messerli & Kramer, PA
On November 7, 2014, Minnesota resident Lawrence Josephs was served with a summons and complaint regarding a debt that Messerli & Kramer, PA had been assigned to collect.
The court venue was in Stevens County, but the contract creating the original debt had been signed in the County of Ramsey in 2003.
The FDCPA mandates that any court action brought against a debtor must take place in the county where the contract was originally signed or where the person now resides.
Mr. Josephs lived in Dakota County, making it expensive and inconvenient for him to constantly travel to Stevens County to defend the action.
He hired a consumer attorney and accused Messerli & Kramer, PA of violating the FDCPA by filing the lawsuit in an improper venue.
The matter was later resolved.
The phone numbers listed below are all associated with Messerli & Kramer, PA:
If any of these numbers appear on your caller ID, a debt collector from the firm is trying to contact you. If they file a lawsuit against you in a location that makes it difficult for you to defend the action, contact a consumer attorney.
If you pursue the matter in court, you could potentially be awarded $1,000 per FDCPA violation plus attorney's fees, court costs, and any actual damages.
You may owe a debt, but Messerli & Kramer, PA must collect it in accordance with certain rules, or face expensive penalties.
*Case taken from PACER (www.pacer.gov). File number is 0:15-cv-01873-DWF-JJK, from United States District Court, District of Minnesota.
Disclaimer: The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against Messerli & Kramer, PA or any other third-party collection agency, you may not be entitled to any compensation.