Messerli & Kramer or M&K is a law firm based in Minnesota that also specializes in third-party debt collection. M&K has received complaints alleging violations of the Fair Debt Collection Practices Act (FDCPA), including threatening to take actions that cannot legally be taken and making false or misleading statements in an effort to collect a debt. If you have been contacted by M&K, make sure you understand your rights before taking action.
The harassing company pays our fees.
They’re legit. According to the Better Business Bureau (BBB), Messerli & Kramer is a legitimate firm founded in 1965. The BBB established M&K’s profile page in 2012. M&K is listed as a law practice specializing in family and divorce law; real estate law;business and employment law;and probate, bankruptcy, and estate planning. Buzzfile estimates M&K’s annual revenue at $12.5 million and the size of its headquarters staff at 60 employees.
According to its website, Messerli & Kramer “is a top-20 Minnesota law firm…with…a well-earned reputation within the business community of providing sound, reasoned, and comprehensive legal advice.” M&K “serves individuals and business through three unique, yet complementary, divisions…and represents a variety of clients—from large corporations, banks and closely-held businesses—to individuals seeking divorce and family law or estate planning services.”
Messerli & Kramer offers “professional experience and unique services that allow us to serve people, businesses, and organizations beyond the usual law firm offerings.” Their practice areas include business services; business litigation; divorce and family law; government relations; and consumer collections and creditors’ remedies. Each of these practice areas are themselves organized into further specialized divisions.
Through their consumer collections and creditors’ remedies division, M&K “provides comprehensive debt collection services to some of the nation’s largest banks and financial services companies.” M&K attorneys “manage a range of tools from demand letters, telephone calls, credit bureau review, litigation, garnishment, skip tracing and asset searches, to post-judgment remedies and collateral recovery.”
Messerli & Kramer offers many collection-related services, including garnishments and levies; secured transactions; replevins and auto deficiencies; bankruptcy, proofs of claim, relief from stay, adversary proceedings, and reaffirmation agreements; appellate representation; FDCPA defense and compliance; Consumer Financial Protection Bureau (CFPB) compliance; student loan collections; and medical collections.
M&K’s website is entirely client-facing. Their Consumer Collections page does not provide any links or references to consumer protection resources,laws, or enforcement agencies.
Who are we? We are Lemberg Law, a Consumer Law Firm
Lemberg Law is a consumer law firm helping victims of collection harassment and abuse. We are ranked A+ by the BBB. We’ve helped more than 15,000 consumers stop harassment and recover money from debt collectors. Harassed? Abused? Misled by a collector? Call our Helpline today! There is no charge unless we win.
The BBB has closed 7 complaints against Messerli & Kramer in the past three years, with 3 complaints closed in the previous 12 months. Most of those complaints allege problems with billing and collections.As of May 2015, the Consumer Financial Protection Bureau (CFPB) has closed 37 complaints against M&K. Justia lists at least 22 cases of civil litigation involving M&K.
Messerli & Kramer
1400 Fifth Street Towers
100 South Fifth Street
Minneapolis, MN 55402
Telephone: (612) 672-3600
Website: https://messerlikramer.com/
It is illegal for a debt collector to make empty threats to sue you or garnish your wages. It is also unlikely M&K would sue you for a debt you may not owe or they cannot validate. However, debt collection agencies are known to have summoned debtors to court and garnish wages after a default judgement. Contacting an attorney BEFORE this could possibly happen would be a smart move. We’ve helped thousands of consumers fight back against unscrupulous debt collection harassers. Find out if we can help you too today!
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Unlawful Debt Harassment? Learn the Law & Sue the Collector.
Absolutely. You can sue a debt collector. Here are some Sample Cases filed in Federal Court
In August 2015, in United States District Court, District of Minnesota, a judge issued a Memorandum and Order denying Messerli & Kramer ’s motion to dismiss charges by a plaintiff that they had violated the Fair Debt Collection Practices Act (FDCPA), the Fair Credit Reporting Act (FCRA), the Minnesota Garnishment Statute (MGS), and committed breach of contract. Specifically, the plaintiff in this case had acquired debt through Chase Bank. When she became unable to pay off the debt completely, it was sent to collections, then purchased by Central Prairie Debt Purchasing, who hired M&K to take the plaintiff to court. Initially, in November 2011, the plaintiff sued Messerli & Kramer for violations of the FDCPA. In February 2012, that suit was settled with a settlement agreement that stated, in part, that M&K “releases and forever discharges the plaintiff…from any and all claims, demands, damages, actions, causes of action, or suits of any kind or nature whatsoever…arising out of or in consequence of or based upon any matter or thing whatsoever from the beginning of the time to the date of this agreement.” Subsequently, in 2013, Central Prairie filed a complaint against the plaintiff regarding the debt from Chase and was granted a summary judgement. The August 2015 hearing was held to determine whether the plaintiff would be allowed to proceed with her motion to appeal that judgment.
Her argument cited several violations. Perhaps most important, the plaintiff introduced evidence showing that Central Prairie and M&K shared a physical address and many of the same executive officers. As a result, because Central Prairie and Messerli & Kramer were “in privity,” the plaintiff argued that the settlement agreement in which only M&K was specified as the party releasing her from liability should be binding on Central Prairie, as well. This was the basis for her breach of contract claim. She also claimed a violation of the FDCPA because M&K contacted her by phone after she had informed them she was represented by an attorney, which is a direct violation of Section 1692c(a)(2) of the FDCPA. Additional violations of the FDCPA were also cited as a result of Central Prairie’s further pursuit of the debt after the settlement agreement had been signed. The plaintiff also alleged a violation of the FCRA Section 1681b(f), which prohibits a third party from accessing someone’s credit history without a “permissible purpose,” because Messerli & Kramer had accessed her credit reports after signing the settlement agreement. Although M&K argued that they were acting on behalf of Central Prairie, the plaintiff had established that the two companies were not entirely separate. Finally, the plaintiff also had been subjected to wage garnishment after the settlement agreement had been signed, which violated Minnesota state law.
Despite many complicated legal arguments to defend their position, the court found that the plaintiff had presented enough evidence to support her claims, and M&K’s motion to dismiss the charges was denied
Federal laws protect you. The Fair Debt Collections Practices Act (FDCPA) regulates the behavior of collection agencies by prohibiting actions such as the use of abusive or threatening language; harassment; or the use of false or misleading information to collect a debt. The FCRA regulates how collection agencies and creditors report delinquent debts to credit reporting agencies. Additional consumer protection laws include the Telephone Consumer Protection Act (TCPA) and the Consumer Financial Protection Act (CFPA).
Yes. If you want to enforce your rights, or recover money for violations — you need to sue. Federal laws provide individuals like you with a means to seek monetary damages in court. For example, the FDCPA allows consumers who have been violated to recover damages of up to $1,000, plus attorney fees and court costs.
You may have a case, if…
“Every e-mail sent or phone call made to your firm was answered not only promptly, but virtually immediately. Mr. Hirnyk patiently explained every legal concept – including what was possible and what was not – under existing state and federal consumer law.”
“Prior to contacting you, we had tried repeatedly to handle this matter without threatening litigation. In the end, not only were they unapologetic, but they were dismissive – even of an attorney friend who called on our behalf. Sincerest thanks for resolving this matter for us!”
“Know that Sergei, and your firm did a good thing. You took on a big company for little people and righted a wrong. For this we are grateful.”
“Thank you and your team at Lemberg Law for the exceptional work you did on my behalf. I have never experienced the level of care, professionalism, timeliness in follow-through, and monetary compensation obtained through your firm.”
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Sergei Lemberg is an attorney focusing on consumer law, class actions related to automotive issues, and personal injury litigation. With nearly two decades of experience, his areas of practice include Lemon Law (vehicle defects), Debt Collection Harassment, TCPA (illegal robocalls and texts), Fair Credit Reporting Act, Overtime claims, Personal Injury cases, and Class Actions. He has consistently been recognized as the nation's "most active consumer attorney." In 2020, Mr. Lemberg represented Noah Duguid before the United States Supreme Court in the landmark case Duguid v. Facebook. He is also the author of "Defanging Debt Collectors," a guide that empowers consumers to fight back against debt collectors and prevail, as well as "Lemon Law 101: The Laws That Lemon Dealers Don't Want You to Know."
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The law firm targets Veterans who purchase homes using the VA Loan. They pull your credit and buy all of your debts and submit each of them to the court.
They sent process servers to your home in the evening time who pound on your door and strike fear in your sleeping children.
I told their process server to stop coming to my house in the evening because he was scaring my kids whenever he pounded our door to serve papers. When I told him to leave my property he refused until I pulled out a camera.
The following week, the process server just left papers on the ground of my home to show that he had no respect for me, my service to this country, or my family.
They even sent the process server to harass my family on Thanksgiving. I have no problems making arrangements to pay my debts, however this is a malicious law firm.
In a country that claims to do whatever it takes to fight Veteran Homelessness, this law firm hopes to turn a profit by forcing Veterans on to the streets.
M and k. Also went into my bank account and took money. Saying that they had a garnishment and Wells Fargo allowed them to do this. From what they’re saying is a judgment they had on me from 2017, but they did not. Go into my account until 2023. Then a month later, I get a letter from them. Saying that they are gonna garnish my wages from my job even after I have sent them exception papers. They are very rude, And after reading all these Complaints these people are getting away with this and I do not know who to contact.
I was sued by them . in aug I plead not guilty and sent this notice to them and to the court then i sent another letter stating i am on disability. they dismissed case without prejudice. one month later they sue me again i go through the filing proceedures again . i guess they think im lying cause on both summons to sue they have me working at john deere and marked not disabled even though i sent them a letter otherwise. so im thinking they filed false statements. they did know im disabled but didnt believe me . also the process server they used lied on her affidavit, she didnt think I guess that she was on video while at my residence. She passed my NO Trresspass sign 5 times . it was on white so was very well noticed in big letters and can see it in video. also lied about me answering door and telling her to leave and about where she left papers. its all on the videos of course .. so what should i do
M&K is threatening to go after my bank account on a debt that was discharged long ago. What can I do?
I got phone call today and they asked for me and I said it was then they said they were hired buy discover card to sue me I said ok .Then they said if I send my stimulus check to them they would make a payment plan for the rest I said no and then they got really hostile and threaten to put me and jail and take my house theses people are nuts my son a 17 year sat and listen to the whole conversation and he could not believe what he herd.
They have been harassing me for several months by phone. Calls at all times of the day. I tried to set up a payment agreement but they never responded by mail as requested. I asked them not to call anyone anymore but they continued to do so. They even used a restricted line to get at me calling so I wouldn’t know it was them. Tonight a man in a leather jacket showed up at my house and tried to enter through my door I stood and blocked him from entering. He gave me documents that said Capital one was going to sue me. I took a picture of his car and license plate and reported this to local authorities.
I never got a letter stating that my checking acct. will be garnished of 2,258.00 . They just took right out of my checking with no NOTICE what so ever, left me with NOTHING TO LIVE ON . I have an Attorney at Helbing Law who are Debt Settlement Attorneys and they said once the judge decides the case its set in stone in court there is nothing Helbing can do. SO .. you tell me how this is fair. .. I pay $197.51 a month to the company who took my money originally for the next 3 years that equals the same that i owed 2 years ago when i started this debt settlement option but hers the kicker they wont give back the money they took from my checking acct. So how is that fair? They are walking away with more money then i had started with. This Messerli & Kramer Company will RIP YOU OFF they are very rude on the phone and just dont care about your story . All they care about is taking you’re money !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
I also have a debt with Messler and Kramer and when I have made several attempts to make payments they have ignored me and tried to garnish my bank.I want these guys brought to justice with all these complaints that you have received from them I also am getting the same treatment.
Messerli and Kramer called me, verified if they were talking to me. I told them it was myself. I asked what the call was about, and the rep asked me to verify my address. Again, I asked who was calling me and what it was about. I do not feel comfortable giving out my home address when I have no clue who is asking me that information. I asked again what she was calling me about. She said, “Are you going to tell me your address?” I responded, “No, not when I don’t know what you are call about.” Then she hung up on me, lol. Lacking professionalism!!!
Messerli & Kramer: I have sent certified letters to attempt to settle my debt, no response. Today, I received a letter with an intent to garnish my wages. It’s dated 4/25, I was given 10 days to respond, and I receive the letter today on the 7th day! I tried to call to make payment arrangements, per their letter, and after going through several phone menus, I got a gal on the phone who gave me the standard “this call will be monitored” routine. What was odd is it sounded like a recording. After she got done talking, there was a loud white noise, and then she said the exact same thing again, word for word. At that point, I was confused, so I asked, “did you just repeat yourself?” I was NOT rude, I was not accusatory, I simply asked if she’d repeated herself. Her immediate response was “I’m terminating this call.” I am in complete disbelief. I went online to attempt to set up payment arrangements that way, but I suspect I’ll get no where based on the all of the negative complaints I’m seeing online including the lawsuits failed against them for fair credit act violations. I just got a new job and after only five weeks, these monsters found me and sent me this garnishment. I was surprised because I did not update Facebook or LinkedIn with my new job information and my employer claims they don’t report employment information to third party employment verification companies such as “The Work Number.”
I just received a letter in the mail on 3/4/19 stating that Messerli-Kramer is trying to garnish my wages. The agency in which I owe is Capital One Bank, over 10 YEARS ago!! I was 19 years old when I had a credit card from Capital One and was ignorant in regards to spending, being in debt, etc. I regret even having a card through this bank! I have tried to settle with them but they never respond. I have even sent in information that proves that I am exempt from any garnishment and I still keep receiving these garnishment letters. I understand that I owe this debt, but what else can I do?
I am being sued by Messerli and Kramer. I have tried to get a payment arrangement with them. when I call I get told I need to speak to someone handling my account and he will call me back, but he never does. On Nov 19 I received a garnishment form/exemption form. When I called Messerlie and kramer yesterday the rep told me my bank account has been garnished. I said I just received this form how can that be possible. the form is dated 11/9/18. I believe they send these forms out late so that you don’t have time to respond. They will not work out payments with me. thank you
This agency has on numerous occasions tried to tell me that I have a debt. I have mailed, faxed and given them ALL of the letters, notes etc… to them when when they stated they never relieved them! They are trying to collect on a debt thru Midland Funding LLC on a fraudulent acct. that I have NEVER had.
They as of today wiped out my bank accts, including my 16yr old daughters saving acct that she puts her paychecks into. I am a single mother, no without any way to A) pay bills, B) pay for groceries; C) pay for gas.