Melissa Lyken | December 01, 2022
Summary: You don't have to cower before even the biggest debt collectors. Learn how to make a defense if you're being sued by Delanor Kemper & Associates.
Once you're in debt, you make regular repayments until it's paid back in full, most often with interest. If you're unable to pay, you may decide on a course of action to take which can be anything from debt consolidation to declaring bankruptcy. Sounds pretty simple, right? This mainstream narrative omits that debt collection is a billion-dollar industry in the US.
We've all seen the movies with a threatening loan shark who preys on the destitute. But what happens when the evil character isn't just one person but a whole organization? Unfortunately, the shady business doesn't happen in dark alleys but in broad daylight, at a courthouse.
If you are being sued by Delanor Kemper & Associates, you may feel like you are at an unfair disadvantage. Keep reading for information on how you can beat Delanor Kemper & Associates in court.
In reality, debt isn't a straightforward transaction between a debtor and a creditor. Gone are the days of old when there was a simple person-to-person relationship. Instead, you borrow money from a large corporation under a set of terms you may not have even read. At some point, they can take your debt and sell it to another bigger company. This company can then sell your debt to a third organization. And on and on it goes.
Unseen actors are playing pass-the-parcel with your debt, and they are under no obligation to inform you where your debt is at any given time. So how can you tell that this is happening? Well, one day, you may wake up to find yourself being sued by Delanor Kemper & Associates. You don't know who they are, you've never interacted with them, and now they're suing you.
Delanor Kemper & Associates is an established player in the debt collection business. They've been around since 2010 and are based in Atlanta, Georgia. They also have offices in New York and Toronto. As for the type of debt they collect, they do it all - credit cards, retail, health care, property management, commercial, industrial and auto loans. They have spent a decade perfecting their attack strategy.
They begin by calling debtors using a false storyline. In one of the many lawsuits filed against them, Piscitiello v. Delanor Kemper & Associates, LLC, the woman who filed the complaint eventually received around $9,000 in damages. She outlined their strategy as such:
If you are facing a similar situation, we highly recommend you do what Ms. Piscitiello did. Don't panic, don't answer their calls, don't engage with them, and don't offer to pay them. The minute you offer them money you fall into their trap because you've now acknowledged that you owe them a debt. That was their goal because now they can take you to court regardless of whether you actually owe them money or not.
This is where you need to understand the FDCPA. The Fair Debt Collection Practices Act (FDCPA) is a federal law that protects all American citizens from unfair practices by debt collectors. That includes harassment, intimidation, deception, false representation, and a host of 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. This time limit varies from state to state. 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, and you are now legally obligated to pay all of it.
This is the reason it is incredibly important that you don't engage with any Delanor Kemper & Associate agents, answer calls, or agree to pay.
Luckily the court system is aware of unsavory debt collection agency practices. Delanor Kemper & Associates has been taken to court under the FDCPA multiple times. Over the past three years, The Better Business Bureau has received 33 complaints about their billing and collection policies. As a result, Delanor Kemper & Associates has an F rating, and 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, take steps to hold them accountable like hiring an experienced attorney, notify your state's Attorney General of Delanor Kemper & Associates intimidation tactics or report them to the Federal Trade Commission. You may be eligible for this.
Debt collection companies like Delanore Kemper target thousands of people a year. That means that if you take the proper steps, hold them legally accountable, or appear unintimidated, they will move on to easier prey. So, what steps should you take?
Don't panic because that is what they are counting on! If you calmly proceed with the steps outlined above, ask for evidence to support all claims, and hire counsel, they will quickly recognize that you will not be intimidated and give up. Debt collection agencies like Delanor Kemper & Associates have little to no legal standing and cannot force you to pay them unless you agree.
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.
Is your credit card company suing you? Learn how you can beat each one.
Need more info on statutes of limitations? Read our 50-state guide.
Need help managing your finances? Check out these resources.