If you’re being contacted by Kimball, Tirey & St. John LLP, you might be confused and stressed out about the best way to deal with the situation. Whether you’re getting calls from this company or you’ve seen them listed on your credit report, taking the right steps now can help you exercise your rights and avoid a worsening situation.
Kimball, Tirey & St. John LLP is a law firm that performs third-party debt collection. Since this company is a law firm rather than strictly a debt collection agency, they collect judgment debt. The ways that the law firm might go about recovering money include wage garnishment, bank levies, and even drilling safety deposit boxes. Along with judgment cases, the law firm collects on non-judgment accounts too.
Also known as KTS, the law firm provides other legal services as well as debt collection, like helping clients manage landlord and tenant laws and dealing with foreclosures and leases.
Primarily, KTS collects for judgment-related debt, although they work in other industries too. A judgment is a court order that’s the result of a decision in a lawsuit. If a judgment is entered against someone, a debt collector, like Kimball, Tirey & St. John, has more tools, including wage garnishment, to collect on the debt.
In a debt collection lawsuit, a judge might award either the original creditor or debt collector a judgment against the consumer who owes money. You’re likely to have a judgment entered against you if you ignore a lawsuit or you don’t respond within a certain amount of time.
If anyone from this company is calling you, it’s because they believe you owe a debt. This might be a debt stemming from a judgment or something else. Either way, it’s important that you talk to a consumer protection attorney if this company is contacting you.
The information they have on file might be incorrect, or you might have rights that help you avoid paying the debt you’re being contacted about. However, trying to figure this out on your own can put you at risk of further financial and even legal damage. You don’t want to try and work with a law firm or debt collectors on your own without at least first consulting with a consumer protection attorney.
This company isn’t a scam. KTS is a legitimate law firm. If they are trying to collect a judgment debt that you legitimately owe, they have a lot of tools at their disposal, legally.
Certain laws protect you as a consumer in the United States, specifically related to debt collection activities and your credit report and financial information. The Fair Debt Collection Practices Act (FDCPA) is one of these laws.
Under the FDCPA, a debt collector, including KTS, can’t try to contact you any time they want. They’re restricted and can’t contact you before 8 a.m. or after 9 p.m. unless you specifically agree to let them do so.
Debt collectors can’t use harassment or profane language or threaten you. They’re also prevented from calling you more than a certain number of times in a short window. Debt collectors can’t lie or pretend to be someone they’re not, although if someone from KTS claims to be from a law firm, that’s the truth.
The FDCPA prevents debt collectors from treating you unfairly or telling you you’ll be arrested if it’s untrue.
If you’re sued as part of debt collection, you need to respond by the date outlined in the court papers, but better than personally responding is responding through your attorney to preserve your rights.
Debt collectors have a limited period of time within which to sue someone to collect on a debt; this time is known as a statute of limitations. Typically, it starts when you miss a payment on your debt. Once the statute of limitations runs out, the unpaid debt is called time-barred, so a debt collector can’t sue you anymore.
However, if you talk to a debt collector or law firm on your own without a legal representative, you might reset the clock on the statute of limitations by acknowledging the debt.
Also relevant if you’re getting calls from Kimball, Tirey & St. John LLP Collections is the Fair Credit Reporting Act. While the FDCPA protects you from certain behaviors by debt collectors, the FCRA focuses on how your credit and financial information is gathered, maintained, and accessed and who can access it.
The FCRA gives you protections like the ability to access your credit report and score and to learn why you’re turned down for credit.
You also have the right to dispute any debts that you believe are inaccurate in any way, whether they’re not yours at all, they’ve already been paid, or there’s an error in a part of the debt, like the balance owed.
An attorney can dispute a debt on your behalf, so you don’t risk worsening the situation with a debt collector. An FCRA attorney can make sure your rights are protected throughout the dispute process.
Once a dispute is submitted on your behalf, the company receiving it has 30 days to investigate. Then, they have to report their findings. If it’s uncovered that the debt is a mistake in any way, the information should be updated or removed with the collection agency and any of the three credit bureaus where it’s reported.
Unfortunately, when consumers try to dispute debts on their own, they often find that companies aren’t responsive to their requests. It usually takes working with an FCRA attorney to let a debt collection agency know you’re serious.
If you’re concerned about Kimball, Tirey & St. John LLP Collections, reach out to Fair Credit today. We’re FCRA attorneys who can help you with this company. We offer free case reviews.