Consumer complaint received 2025-05-20 00:00:00
Product: Debt collection — Rental debt
Issue: Attempts to collect debt not owed — Debt is not yours
Company: Kimball, Tirey & St. John LLP
State: CA

Complaint narrative:
I am formally disputing the validity of the rental collection account reported by Kimball , Tirey & St. John LLP ( Account # : XXXX ), allegedly on behalf of XXXX at XXXX XXXX XXXX, with an alleged balance of {$43000.00}, as reflected on my consumer credit report. 

This is a lawful request for full debt validation under the Fair Debt Collection Practices Act ( FDCPA ), 15 U.S.C. 1692g ( b ) and a notice of dispute under the Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681i and 1681s-2 ( b ). Specifically, I request the following documents to determine the legitimacy and legal enforceability of this debt : A complete itemization of the alleged balance, including all charges, fees, penalties, and any interest accrued. 

A copy of the original lease or rental contract bearing my signature. 

A copy of the notice of breach or default, if applicable, and any efforts to mitigate damages. 

A complete and unbroken Chain of Assignment, including : All assignments or transfers of rights from the original creditor ( XXXX at XXXX XXXX XXXX ) to Kimball , Tirey & St. John LLP.

Any Forward Flow Agreements or servicing contracts that establish standing and legal ownership of the debt.

Proof that the entity currently attempting collection has been granted all legal rights to enforce the debt, not merely a servicing or temporary collection agreement. 

Proof of licensing and bonding for debt collection in the relevant jurisdiction at the time of collection. 

Evidence of compliance with the initial communication and debt validation timing requirements under 15 U.S.C. 1692g ( a ).

The absence of a legally sufficient Chain of Assignment, including Forward Flow Agreements and ownership documentation, constitutes a failure to validate this debt, and any continued collection or credit reporting would be in direct violation of 15 U.S.C. 1692e ( 2 ) ( A ) ( false representation of the character or legal status of a debt ).

Additionally, under the FCRA ( 15 U.S.C. 1681e ( b ) ), data furnishers have a duty to maintain maximum possible accuracy. Reporting an unverifiable debt violates that duty. If Kimball , Tirey & St. John LLP has no lawful authority to report or collect this debt, their actions may constitute willful noncompliance under 15 U.S.C. 1681n, and I reserve the right to pursue damages.

Relevant Case Law : Chaudhry v. Gallerizzo, 174 F.3d 394 ( 4th Cir. 1999 ) : Verification must provide sufficient detail to enable the consumer to assess the debt.

Clark v. Capital Credit & Collection Servs., Inc. , 460 F.3d 1162 ( 9th Cir. 2006 ) : Debt collectors must investigate and cease collection of disputed debts.

Spears v. Brennan, 745 N.E.2d 862 ( Ind. Ct. App. 2001 ) : Collection without documentary evidence violates the FDCPA.

Heintz v. Jenkins, 514 U.S. 291 ( 1995 ) : Attorneys engaged in debt collection are subject to the FDCPA.

I hereby assert my rights under 15 U.S.C. 1692c ( c ) to cease further communication unless and until full validation is provided. No further reporting or collection should occur until this documentation is produced and reviewed.

Company response to consumer: Closed with explanation