Facing a debt collection lawsuit from Nelson & Kennard can feel overwhelming. When people face debt collection, they often worry about harassment, false statements, unauthorized contact with third parties, and whether they can dispute a debt. Debt collectors often use intimidating tactics to pressure payment, and many consumers worry about wage garnishment, levies on bank accounts, and potential liens on personal property. Have you been sued by Nelson & Kennard? Kazerouni Law Group, APC, is ready to help. Our consumer protection attorneys in California have resolved a wide range of debt matters, assisting tens of thousands of Californians over the years. An attorney can help you through each step of the process, asserting your rights and protecting you from unlawful tactics.
Who Is Nelson & Kennard?
Nelson & Kennard is a law firm that focuses on debt collection. They frequently represent creditors like banks, credit card companies, or financing firms. If they’ve contacted you, it typically means they believe you owe a debt to one of their clients.
Their communications often arrive in the form of collection letters or official lawsuits (summons and complaints). Though they operate as attorneys, their role often mirrors that of a collection agency, using legal means to recoup outstanding balances on credit card bills, personal loans, medical debts, auto loans, or other forms of consumer debt.
Many consumers first learn about Nelson & Kennard when a process server delivers a lawsuit. Others might receive persistent phone calls or letters demanding payment. Receiving a lawsuit is a serious matter, and if you’ve been served, there are steps you can take to protect your rights.
Consequences of Ignoring a Debt Collection Lawsuit
When someone ignores a lawsuit, Nelson & Kennard or any other debt collection law firm can ask the court for a default judgment. A default judgment can have serious financial repercussions:
- Wage Garnishment. Once a judgment is obtained, the collector can file documents to garnish a portion of your wages from each paycheck.
- Bank Account Levies. A judgment can allow the creditor to place a levy on your bank account, which can freeze your funds and eventually withdraw them to satisfy the debt.
- Liens on Property. If you own a home or vehicle, a creditor with a judgment may place a lien on these assets, complicating matters if you plan to refinance, sell, or transfer your property.
Failing to respond promptly can lead to these outcomes. If you’ve been served, consider consulting with a debt defense attorney who can assess the lawsuit, raise legal defenses, and negotiate on your behalf.
Defending Yourself with Kazerouni Law Group
Kazerouni Law Group, APC, has extensive experience defending consumers against Nelson & Kennard. Our attorneys understand the nuances of debt collection lawsuits in California, including the state’s consumer protection laws, such as the Rosenthal Fair Debt Collection Practices Act (Rosenthal FDCPA).
We are also deeply familiar with the Fair Debt Collection Practices Act (FDCPA) at the federal level and the Telephone Consumer Protection Act (TCPA) for cases involving spam calls or texts.
Free Consultation
We offer free consultations to evaluate your situation. During this discussion, a Kazerouni Law Group attorney will analyze:
- The nature of the debt
- Any potential statute of limitations issues
- Possible FDCPA or Rosenthal FDCPA violations
- The validity of the creditor’s documentation and evidence
Our goal is to determine whether defenses are available that may reduce or even eliminate the debt. We often negotiate reductions and manageable payment plans even if the debt is owed. Whether the lawsuit is large or small, there may be legal avenues that improve your situation.
Legal Fees
Our fee structure for negotiating debt is 10% of the debt amount or $850.00, whichever is greater. If you want us to defend you in court, the fee remains 10% of the debt amount or $850.00 (whichever is higher) plus any applicable court filing fees. We also offer payment arrangements.
In some situations, if the debt collector has broken consumer protection laws, our representation may come at little to no cost to you. Potential damages might even be recovered on your behalf.
Settlement Negotiation vs. Litigation
Every case is different, and choosing between settlement negotiations or a court defense often depends on factors like:
- Evidence of the Debt. If the creditor lacks proper documentation or cannot prove you owe the specific amount, this deficiency can be used to your advantage in court.
- Your Financial Circumstances. Some individuals prefer to settle for a reduced sum rather than go to trial. Others choose litigation to reduce or invalidate the debt.
- Potential Violations by the Creditor. If Nelson & Kennard violated FDCPA or Rosenthal FDCPA rules, you may have leverage to counter-sue or request debt dismissal and damages.
We always offer guidance specific to each client’s needs. Our attorneys provide insight to help you make an informed decision.
Your Rights Under Consumer Protection Laws
Federal and state laws safeguard you from abusive debt collection practices. The FDCPA protects consumers nationwide by banning harassing and deceptive conduct. For instance, repeated phone calls intended to annoy or threats of violence are prohibited.
California’s Rosenthal Fair Debt Collection Practices Act offers additional protections for California residents. This law expands on the federal FDCPA, covering not just third-party collectors but original creditors in certain circumstances.
Violations of these laws can lead to legal consequences for the collector, including statutory damages. Working with an experienced consumer rights attorney can help identify whether any violations have occurred in your case.
Verifying the Debt
A vital part of this process is verifying the debt itself. You have the right to question any collector’s claim by demanding proof that they have the authority to collect and that the stated amount is accurate. This is typically done through a debt validation request. If the collector fails to produce sufficient documentation, they must stop pursuing you for payment.
How Kazerouni Law Group Builds a Defense
Our team begins by examining the creditor’s evidence. Many debt collectors purchase debt portfolios from original creditors without obtaining complete documentation, such as signed credit agreements or accurate transaction records. If Nelson & Kennard cannot show clear proof that you owe the specific debt, we may file a motion challenging their standing.
We also look for procedural errors. There are strict guidelines regarding how lawsuits must be served and how debt collection notices must be formatted. Missing or incorrect information can weaken the collector’s position.
If a potential state or federal law violation is discovered (like harassing phone calls, false statements, or contacting unauthorized parties), we may file counterclaims. This can shift negotiating leverage to you. If the collector stands to lose a claim alleging FDCPA or Rosenthal FDCPA violations, they may become more flexible in settling the debt—or even dismissing the lawsuit altogether.
Dealing with Harassment, Threats, and Other Illegal Conduct
Debt collectors must follow strict regulations. Abusive or unethical behavior violates the FDCPA, the Rosenthal FDCPA, or other consumer protections. If you experience any of the following forms of harassment from Nelson & Kennard, consider documenting it and consulting with an attorney:
- Profanity or Verbal Abuse. Using foul language during calls or communications is prohibited.
- Excessive Phone Calls. Calling repeatedly to the point of harassment is not allowed.
- Threats of Violence or Arrest. Debt collectors cannot threaten physical harm or jail time for failure to pay.
- Calls at Inconvenient Hours. Collectors should not call before 8 a.m. or after 9 p.m. local time unless otherwise agreed upon.
When a debt collector violates these rules, you can file complaints and possibly pursue damages. Keeping a log of each call (time, date, content) strengthens your case if a violation has occurred.
Potential Telephone Consumer Protection Act (TCPA) Violations
Aside from typical debt collection abuses, some collectors might violate the Telephone Consumer Protection Act (TCPA). Two key TCPA issues Kazerouni Law Group handles are:
- Receiving pre-recorded calls, automated or “robocalls” with a recorded voice, may violate TCPA guidelines if you never consented to receive such calls.
- If your phone number is on the National Do Not Call Registry (DNC registry) and you still receive two or more calls or texts from the same entity within 12 months, you may have a valid TCPA claim. This includes unwanted text messages if you’re registered on the Do Not Call list.
If you suspect TCPA violations, let us know during your consultation. Evidence such as call logs or voice messages can help strengthen your case.
Why Choose Kazerouni Law Group?
Working with Kazerouni Law Group can produce several positive outcomes:
Peace of Mind
Handing your case to legal professionals lets you stop worrying about surprise calls, wage garnishments, or legal deadlines. Your attorney will monitor all communications with Nelson & Kennard.
Reduced Debt
Through negotiation, the debt may be lowered significantly. Even if the debt isn’t dismissed entirely, paying a fraction of the original balance can improve your financial position.
No Default Judgment
Filing an appropriate response to the lawsuit stops Nelson & Kennard from automatically obtaining a default judgment. This preserves your right to defend yourself in court.
Protection of Your Rights
If the collector engaged in misconduct, your lawyer might seek damages for harassment or other violations, potentially offsetting the debt or leading to a monetary award in your favor.
Financial Stability
Avoiding invasive collection tactics like wage garnishment and bank levies helps you maintain control of your finances. Structured payment plans or a favorable settlement can protect your bank account and other assets.
Our attorneys focus on consumer protection and have handled thousands of cases related to debt collection abuses. We have successfully challenged debt collectors, leading to dismissed lawsuits, reduced debts, and financial relief for California consumers. Our record speaks for itself, with $7,879,581.84 in consumer debt forgiven since 2022.
We invite you to become another success story by ending unwarranted collection efforts, preventing default judgments, and securing financial relief.
Step-by-Step Guide to Working with Kazerouni Law Group
- Fill Out Our 1-Minute Evaluation Form. Start the process by completing the quick form on our website. Our debt team reviews your submission promptly.
- Initial Attorney Consultation. We set up a time to discuss your debt situation, lawsuit details, and any concerns you may have about harassment or unlawful practices.
- Documentation Review. Send copies of relevant documents, including the summons, complaint, and any communication from Nelson & Kennard.
- Strategic Planning. Our attorneys propose either a litigation defense or a settlement negotiation, depending on your preference and the strength of your defenses.
- Legal Action. If litigation is pursued, we file an answer in court or begin negotiations directly with Nelson & Kennard for a settlement.
- Resolution. Once a settlement or court decision is reached, we help finalize all agreements and ensure the debt is resolved according to the negotiated terms. If the collector violated the law, we work to secure any statutory damages or other relief you may be entitled to.
Contact Us Today for a Free Consultation
Ignoring a lawsuit from Nelson & Kennard can lead to wage garnishments, bank levies, or liens on your property. Taking action will preserve your rights and open the door to possible debt reduction or dismissal. Kazerouni Law Group welcomes the opportunity to discuss your case during a free consultation.
Our attorneys can advise you on whether the collector has enough evidence to pursue the claim, whether the debt is still valid under the law, and if any violations have occurred that could strengthen your defense.
Stop Collection Calls and Protect Your Rights
Nelson & Kennard may aggressively pursue debts, but that doesn’t mean you’re without options. Debt laws exist to prevent abusive or deceptive collection methods. By working with Kazerouni Law Group, you get an ally to stand up against unfair practices. Whether through defending your lawsuit in court or negotiating a reduced settlement, our consumer protection attorneys are dedicated to pursuing the best possible result for you.
Make the Call for Relief
Time matters when a debt collector has sued you. If you fail to respond, the creditor can move forward with a default judgment, putting your paycheck, bank account, and property at risk. The legal system can be navigated more effectively with professional support. Whether you need assistance with debt collection defense or a personal injury attorney, we are here to help. Fill out the evaluation form to the right or call us at 949-612-9999 to set up your free consultation.