February 10, 2021
Summary: Don't think it's the end of the world when you're served a summons by Kramer & Frank. Avoid summay judgment and learn what actions you should take.
Most consumers who find themselves in a lawsuit usually know the company that filed the lawsuit. Oftentimes, when Kramer & Frank file a lawsuit against someone, that person may not know who this company is and why they are filing this suit.
One of the most important things to remember is that even if you are served a summons by Kramer & Frank, you have legal rights. Exercising these rights requires action on your part. So, while it can be scary, if you are being sued by Kramer & Frank, it isn't the end of the world.
Despite any fear you may be experiencing, being served the summons is the most important time for you. Taking proper action can provide a better outcome for you. Ultimately as you begin to work on the lawsuit, you will develop the proper legal strategy for yourself.
The first step in this strategy should be gathering all the information you can about Kramer & Frank PC.
Kramer & Frank is a collection law firm. They represent creditors who have not been able to collect their debt and wish to file a lawsuit against their customers to legally compel them to pay the debt on behalf of their clients.
Located in St. Louis, Missouri for 45 years, Kramer & Frank have a strong presence in the Midwest. Particularly, in Missouri and Kansas. Although they have been in business for over four decades, that doesn't mean they follow all the rules and regulations of legal collection work. Keep in mind that the collection of debt is heavily regulated by both state and federal agencies.
There have been Kramer & Frank complaints filed with these regulatory agencies. Even the Consumer Financial Protection Bureau has received complaints about the actions taken by Kramer & Frank. If information is power, then acquiring as much information as you can on Kramer & Frank can provide you with a powerful defense in the lawsuit.
Without any reservation, being sued by an established collection law firm can be scary and intimidating. The law firm counts on this to a certain extent. Do not give in to your fear and don't give Kramer & Frank the satisfaction of sticking your head in the dirt.
By the time Kramer & Frank take the action of filing the lawsuit, the balance of the account can be downright unrecognizable. In many cases, it's not just the original account balance owed. There are court costs, attorney fees, and lost interest to name a few of the additional charges detailed in the lawsuit. More than likely, these additional charges will be added to the formal Complaint. This is the legal term for the lawsuit.
In the Complaint, Kramer & Frank will detail everything they can about you and the debt. These details are allegations. Kramer & Frank state, among other things, that you owe this debt. They stipulate what the balance owed is according to them. They allege whatever actions they took to resolve this debt before taking the action of filing the suit.
Because they filed the Complaint, any burden of proof rests on their shoulders. Every allegation they stated in the lawsuit must be proven. Kramer & Frank are required to provide this proof to the court if, and only if, you respond to the Complaint. Your response has a specific name - an Affirmative Defense.
So, you're holding a summons with your name on it served to you by a Kramer & Frank lawsuit. Every jurisdiction allows a period that a person named in a suit can respond to the court. These responses are called Affirmative Defenses. This is your opportunity to request proof from Kramer & Frank that everything they allege in their suit is accurate. Providing affirmative defenses for every point in the lawsuit is an important part of your legal strategy.
Collection law firms are not perfect. They make mistakes, and submitting affirmative defenses is your way of making sure that Kramer & Frank is accurate in their Complaint. If there are any errors on their part, their case weakens. Your response to their suit is your way of exercising your legal rights. If they cannot provide to you or the courts proof and documentation that aligns with their Complaint, they run the risk of the court dismissing the case outright. The balance, the pertinent dates of the debt, the additional charges laid out in the suit, and anything else they may have alleged has to be substantiated. Even making sure that their Complaint is within your state's statute of limitations is a critical part of your legal defense.
This is the step many consumers fail to take. The people who fail to take this action generally were unaware of their legal rights. You don't have to fall into this group. Submitting your affirmative defense is the best way to fight the Kramer & Frank lawsuit.
Let's look at what will most likely happen if you don't submit an affirmative defense. Kramer & Frank will then file a motion to the court to be granted a summary judgment. What this means is that since no response from you was received, the court believes that you agree with every single allegation made on the Kramer & Frank complaint.
If this is the case, the court will probably grant the summary judgment motion in Kramer & Frank's favor. Now the avalanche can begin for you. If they chose, Kramer & Frank could place a lien on any personal property you own. They could freeze your bank account. They could seek to garnish your wages. You can avoid this by taking action and respond to the Complaint.
This is your chance to test the accuracy of their lawsuit. If Kramer & Frank cannot submit to the court the proof as to what they allege, the possibility of a dismissal exists. As a collection law firm, Kramer & Frank isn't the original creditor, and some of the documentation required to prove the allegations may not be in their possession.
It's critical to draft your “Answer” to the Complaint without delay. Filing your affirmative defenses is how you can hold not only Kramer & Frank but the original creditor accountable to validate that the balance is owed. And if they can't prove their case, you win.
SoloSuit makes it easy to respond to a debt collection lawsuit.
How it works: SoloSuit is a step-by-step web-app that asks you all the necessary questions to complete your answer. Upon completion, you can either print the completed forms and mail in the hard copies to the courts or you can pay SoloSuit to file it for you and to have an attorney review the document.
"First time getting sued by a debt collector and I was searching all over YouTube and ran across SoloSuit, so I decided to buy their services with their attorney reviewed documentation which cost extra but it was well worth it! SoloSuit sent the documentation to the parties and to the court which saved me time from having to go to court and in a few weeks the case got dismissed!" – James
Here's a list of guides for other states.
Being sued by a different debt collector? We're making guides on how to beat each one.
Need more info on statutes of limitations? Read our 50-state guide.
Need help managing your finances? Check out these resources.