Nelson & Kennard is a California debt collection law firm that sues consumers on behalf of creditors and debt buyers. If they have contacted you, you have rights under the FDCPA and California’s Rosenthal Act — but those rights are not automatic. You must assert them. If you have been served with a lawsuit, you must file a response with the court within 30 days or risk a default judgment.
Who Is Nelson & Kennard?
Nelson & Kennard is a debt collection law firm headquartered in McClellan, California (Sacramento area). The firm was founded in 1986 by Donald G. Nelson and Robert S. Kennard, originally focusing on auto deficiency balance collections. By the mid-1990s the firm expanded into credit cards, consumer loans, commercial debt, and mortgage collections. Following mergers with the Law Offices of David A. Bauer in 2016 and the Law Offices of Marvin Dang in 2020, Nelson & Kennard now operates in California, Oregon, Washington, Colorado, Nevada, New Mexico, Hawaii, Massachusetts, and Oklahoma.
Nelson & Kennard is a law firm — not a debt buyer. It collects on behalf of creditors and, in some cases, debt buyers. Common clients reported in consumer complaints include credit card companies and auto lenders.
License Status
Nelson & Kennard is licensed to practice law in California. The State Bar of California attorney license number referenced in BBB records is 72086. You can verify license status directly at the State Bar of California attorney search.
How Nelson & Kennard Operates
The firm uses a standard escalation model: demand letters and phone calls first, followed by litigation when collection efforts fail. Consumers report high call volume — sometimes multiple contacts per day from different representatives. If letters and calls do not produce payment, Nelson & Kennard files suit in California Superior Court. Once a judgment is obtained, the firm pursues post-judgment enforcement aggressively, including wage garnishment, bank levies, and property liens.
Court History and FDCPA Liability
The most significant litigation involving Nelson & Kennard is the federal Ninth Circuit case Tourgeman v. Nelson & Kennard, 755 F.3d 1109 (9th Cir. 2014). In that case, the Ninth Circuit held that Nelson & Kennard collection letters that misidentified the original creditor were materially false under the FDCPA as a matter of law — subjecting the firm to strict liability. The case proceeded as a class action. The full opinion is available at the Ninth Circuit’s website.
The CFPB complaint database contains numerous consumer complaints against Nelson & Kennard, including allegations of attempting to collect debts not owed, failure to validate debts, levying bank accounts without adequate notice, and pursuing time-barred debts. No formal CFPB or FTC enforcement action or consent order against Nelson & Kennard was identified as of the date of this article. You can search current complaints at the CFPB complaint database.
Can Nelson & Kennard Sue You in California?
Yes. As a law firm, Nelson & Kennard regularly files collection lawsuits in California Superior Court. Whether a lawsuit is viable depends on two key issues.
Statute of Limitations
Under California Code of Civil Procedure § 337, the statute of limitations on a written contract — including most credit card agreements — is four years from the date of default. If the debt is outside this window, you can raise the expired statute of limitations as a complete affirmative defense. Be aware: a partial payment or written acknowledgment of the debt can restart the clock. Do not make any payment on an old debt without understanding the consequences first.
Documentation Requirements
Under California Civil Code § 1788.52, a debt buyer must possess and be prepared to produce specific documentation when filing suit — including the original account agreement, a complete payment history, and a chain of title showing how the debt was acquired. The Tourgeman case further demonstrates that courts scrutinize whether the creditor information in collection communications is accurate. If Nelson & Kennard cannot produce adequate documentation, that is a viable defense.
If You Are Sued
Do not ignore a lawsuit from Nelson & Kennard. Ignoring a summons will result in a default judgment being entered against you. Once a default judgment is obtained, Nelson & Kennard can apply for a writ of execution to garnish your wages or levy your bank accounts without any further opportunity for you to contest the debt.
You have 30 days from the date of service to file a written response with the court. Filing a response preserves your right to contest the debt, raise defenses, and negotiate from a position of leverage. Debt collectors frequently dismiss cases or settle for substantially less once a defendant files a response.
Learn how to respond to a debt collection lawsuit in California →
Is Bankruptcy an Option?
If you are facing a lawsuit from Nelson & Kennard — or a judgment they have already obtained — bankruptcy may be a viable option depending on your overall financial situation. An automatic stay goes into effect the moment a bankruptcy case is filed, which immediately halts collection activity, wage garnishment, and bank levies. Most unsecured debt, including credit card debt and deficiency balances that Nelson & Kennard typically collects, can be discharged in a Chapter 7 bankruptcy.
Bankruptcy is not the right solution for everyone, and the decision involves tradeoffs that depend on your income, assets, and the full picture of your debts. Consulting with a bankruptcy attorney before a judgment is entered — or before wage garnishment begins — gives you the most options.
Settling with Nelson & Kennard
Settling before a judgment is entered is almost always preferable to litigating to conclusion if the debt is valid and within the statute of limitations. Consumers report settling with Nelson & Kennard for 40–60 cents on the dollar in some cases, though results vary based on the age of the debt, the amount, and whether litigation has already been filed.
Any settlement must be documented in writing before any payment is made. The written agreement should state that payment constitutes payment in full and specify how the account will be reported to the credit bureaus. “Paid in full” reporting is always preferable to “settled.” Never make a payment on a potentially time-barred debt without consulting an attorney first — any payment can restart the statute of limitations clock.
Your Rights Under the FDCPA and Rosenthal Act
Whether Nelson & Kennard contacts you by letter or phone, federal and California law place firm limits on what they can do. Under the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. § 1692 et seq., and the Rosenthal Fair Debt Collection Practices Act, California Civil Code § 1788 et seq., Nelson & Kennard is prohibited from:
- Calling before 8 a.m. or after 9 p.m. your local time
- Using abusive, threatening, or harassing language
- Making false representations about the debt — including misidentifying the original creditor (see Tourgeman)
- Contacting your employer or third parties about the debt (with narrow exceptions)
- Continuing to contact you after receiving a written cease communication request
These protections do not enforce themselves. If Nelson & Kennard violates the FDCPA or Rosenthal Act, you must assert your rights — either by filing a complaint with the CFPB or by pursuing a claim in court. Violations may entitle you to up to $1,000 in statutory damages per violation, plus attorney fees and costs. Document all communications — save letters, log calls with dates and times, and note the name of anyone you speak with.
Debt Validation
If you receive a collection letter from Nelson & Kennard, you have the right under FDCPA § 1692g to request written verification of the debt within 30 days of the first written communication. Once you submit a written validation request, Nelson & Kennard must cease collection activity until it provides verification. Send your request by certified mail, return receipt requested, so you have a record of delivery.
A complete validation request should ask for: the name and address of the original creditor, the amount claimed and how it was calculated, documentation of the chain of ownership if the debt has been sold, and confirmation that the debt is within the applicable statute of limitations.
Frequently Asked Questions
Is Nelson & Kennard a legitimate law firm?
Yes. Nelson & Kennard is a licensed California law firm that collects debts on behalf of creditors and some debt buyers. They regularly file lawsuits in California Superior Court. Their California State Bar license number is 72086.
What types of debt does Nelson & Kennard collect?
Based on consumer complaints and the firm’s own history, Nelson & Kennard commonly collects credit card debt, auto deficiency balances, personal loans, and commercial debt.
Can Nelson & Kennard garnish my wages?
Only after obtaining a court judgment. Nelson & Kennard cannot garnish wages or levy a bank account without first filing a lawsuit, winning, and following California’s post-judgment enforcement procedures.
What happens if I ignore a Nelson & Kennard lawsuit?
The court will enter a default judgment against you. Nelson & Kennard can then pursue wage garnishment, bank levies, and property liens without any further input from you.
What was the Tourgeman case?
Tourgeman v. Nelson & Kennard, 755 F.3d 1109 (9th Cir. 2014), was a federal class action in which the Ninth Circuit held Nelson & Kennard strictly liable under the FDCPA for collection letters that misidentified the original creditor.
Can I sue Nelson & Kennard for FDCPA violations?
If they violate the FDCPA or California’s Rosenthal Act, you may be entitled to up to $1,000 in statutory damages per violation plus attorney fees. Document all communications carefully — save letters, log calls with dates and times, and note the name of anyone you speak with.
Can bankruptcy stop Nelson & Kennard?
Yes. Filing for bankruptcy triggers an automatic stay that immediately halts all collection activity, including lawsuits, wage garnishment, and bank levies. Most unsecured debt that Nelson & Kennard collects can be discharged in Chapter 7 bankruptcy. Consult a bankruptcy attorney to determine whether this is the right option for your situation.
Legal References
- Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq.
- Rosenthal Fair Debt Collection Practices Act, California Civil Code § 1788 et seq.
- California Code of Civil Procedure § 337 (statute of limitations, written contracts)
- California Civil Code § 1788.52 (debt buyer documentation requirements)
- Tourgeman v. Nelson & Kennard, 755 F.3d 1109 (9th Cir. 2014): Full opinion (PDF)
- State Bar of California attorney search: calbar.ca.gov
- CFPB complaint database: consumerfinance.gov