You’ve been attempting to make the minimum payments on your debts, but now that you’ve lost your job, it’s been mission impossible. Now debt collectors are calling you on a regular basis, threatening to sue you and garnish your wages if you don’t pay them. Fortunately there are ways to stop the harassment.
Your Rights Under the FDCPA
The Fair Debt Collection Practices Act, or FDCPA, limits what third-party debt collectors can say or do when communicating with consumers. Actions like those listed below violate the FDCPA and can result in fines and even loss of the agency’s license.
- Using profane or obscene language
- Calling you at work after you’ve already told them that your employer doesn’t let you take personal calls
- Making threats they cannot legally follow up on, such as having you arrested
- Calling you before 8:00 a.m. and after 9:00 p.m. in your time zone
- Refusing or failing the validate the debt
- Telling your friends, neighbors, and co-workers that you owe money
Company Profile: Nelson & Kennard
If you are being called by Nelson & Kennard, more information about the office is below.
Nelson & Kennard is a debt collection law office in McClellan, California. It was established in 1986, has 70 employees, and is managed by one of the partners, Robert S. Kennard. According to the firm’s website, it has offices in California, Colorado and Massachusetts. Litigation documents at the PACER website confirm that consumers who believed that they were being harassed by Nelson & Kennard refused to be intimidated by what they perceived to e harassment.
Alleged Violations against Nelson & Kennard*
According to information on the PACER website, on or around October 10, 2008, Nelson & Kennard tried to collect a debt from an Arizona consumer by filing a lawsuit in a California courthouse. The consumer complained that he did not live in the county covered by that courthouse and did not live there at the time the contract was signed. He also claimed that a summons for the suit had been served on a third party, making information about his debt publicly available.
Feeling harassed by Nelson & Kennard, the consumer sued the firm for violating his rights by
- Filing a lawsuit in an inappropriate venue
- Making details about the debt available to third parties
The matter was later settled.
Hire a Consumer Lawyer
The phone numbers for this debt collection law office are:
Their presence on your caller ID, means that you are being called by Nelson & Kennard. If they sue you in the wrong legal venue, hire a consumer lawyer and file a claim against Nelson & Kennard. If you win, you could potentially receive $1,000 per FDCPA violation plus reasonable legal costs. Don’t let yourself be pushed around when fighting back can pay off.
*Case taken from PACER (pacer.gov) File number is Case 2:09-cv-00387-LOA from the United States District Court for the District of Arizona.
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 Nelson & Kennard or any other third-party collection agency, you may not be entitled to any compensation.