Debt can feel like a trap. You make regular payments, but the debt never goes away. If you can’t keep up with payments, you may have to make some tough choices, like consolidating your debt or declaring bankruptcy.
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What many people don’t realize is that debt collection is a huge industry in the United States. And it’s not just shady guys in dark alleys who are after your money. In many cases, it’s legitimate businesses working through the courts.
If you’re being sued by Delanor Kemper & Associates, you might feel like you’re at a disadvantage. But there are ways to fight back and win. Keep reading for information on how to beat Delanor Kemper & Associates in court.
Here’s What You Need to Know about the Debt Business
Debt is not always a straightforward transaction between two parties. Old-fashioned person-to-person relationships have given way to large corporations loaning money with terms that may not be fully understood by the borrower.
At some point, the original lender can sell the debt to another company, which may then turn around and sell it to yet another organization. This process can continue indefinitely, with each new company taking on more and more debtors.
The people involved in this chain are often unseen and uninvolved with the original debtor. There is no obligation for these companies to keep track of where the debt has gone or who currently owns it. As a result, debtors can suddenly find themselves being sued by unfamiliar organizations with no warning.
If you find yourself facing a suit from an unknown entity, it’s likely that your debt has been passed around numerous times without your knowledge.
What is Delanor Kemper & Associates?
Delanor Kemper & Associates has been in the debt collection business for over 10 years. They are a well-established company with offices in Atlanta, Georgia; New York, New York; and Toronto, Canada. They have a great deal of experience collecting all types of debt, including credit cards, retail debt, healthcare debt, property management debt, commercial debt, industrial debt, and auto loans.
They have perfected their attack strategy over the years and usually begin by calling debtors with a false story. In one lawsuit filed against them (Piscitello v. Delanor Kemper & Associates, LLC), the woman who filed the complaint eventually received around $9,000 in damages.
No one likes to receive calls from unknown numbers, especially if they are incessant and come at all hours of the day. But imagine if, on top of that, the caller claimed you were being sued for check fraud or a delinquent payday loan. This is the scam that Martha Piscitello recently fell victim to, but fortunately, there are steps you can take to protect yourself.
Piscitello outlined the strategy employed by the scammers: first, they called her and pretended to be lawyers.
Next, they told her that an unknown party was suing her for check fraud or a delinquent payday loan. They refused to show any documentation supporting these alleged lawsuits and harassed Piscitello for weeks, calling her home address multiple times.
If you find yourself in a similar situation, do not panic. Do not answer their calls and do not engage with them in any way.
Defend Yourself from Aggressive Debt Collectors with the FDCPA
The FDCPA is a federal law that protects citizens from unfair practices by debt collectors. That includes harassment, intimidation, deception, false representation, and other tactics. It also protects you from debt collection companies because often, they don’t have the legal right to sue you for purchased debt.
Companies like Delanor Kemper & Associates buy old debts and try to reactivate them. Once a debt passes the statute of limitations, you don’t have to pay it. However, suppose you pay even $1 towards your debt during the prescriptive period. In that case, tolling begins and will reactivate the clock on the statute of limitations.
It is important that you don’t engage with any Delanor Kemper & Associate agents, answer calls, or agree to pay.
Defend Yourself Against Debt Collectors with a Countersuit
Debt collectors have been known to use unsavory tactics in order to get money from people. Delanor Kemper & Associates is one such company that has been taken to court multiple times under the Fair Debt Collection Practices Act (FDCPA). Over the past three years, the Better Business Bureau has received 33 complaints about its billing and collection policies. As a result, Delanor Kemper & Associates has an F rating.
Many victims of harassment have been awarded damages upwards of $1,000 in these cases. Delanor Kemper & Associates also had to pay the plaintiff’s legal fees because of the fee-shift provision in the FDCPA regulations. So if you are experiencing similar harassment from this company, take steps to hold them accountable by hiring an experienced attorney, notifying your state’s Attorney General of their intimidation tactics, or reporting them to the Federal Trade Commission.
What to Do If You Are Contacted by Delanor Kemper & Associates
Harassing phone calls from collection agencies are a common occurrence for many people. If you find yourself in this situation, it is important to know your rights and how to protect yourself from illegal tactics.
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The first step is to understand that you have rights under the Fair Debt Collection Practices Act (FDCPA). This act protects consumers from unfair or abusive practices by collection agencies.
If a collection agency contacts you, they must identify themselves and let you know that they are attempting to collect a debt. They must also provide you with information about the original creditor and the amount of the outstanding balance.
You have the right to dispute the validity of the debts being collected. If you do this within 30 days of being contacted by the collection agency, they are not allowed to contact you again until they provide evidence that the debts are valid.
Debt collection agencies are often very aggressive in their attempts to get people to pay them money. However, you can stand up to them and protect your rights by calmly proceeding with the steps outlined below.
If they make any claims, ask for evidence to support it. And if they continue to press you, hire a lawyer to help you fight back. With a little knowledge and effort, you can make debt collectors back down and leave you alone.
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