Consumer Protection Lawyer
If NCB Management Inc. has sued you or a loved one, you could speak to a consumer protection lawyer. Law Office of Simon Goldenberg has substantial experience protecting consumers' rights. We'll help explain your legal options, including how our firm can defend you from claims brought by NCB Management Inc. We are here for you. To get started, contact Law Office of Simon Goldenberg for a free consultation by calling (888) 301-0584 or contacting us online.
NCB Management, Inc. is a company that collects debt on behalf of other companies and buys debt from other companies. Their debt collection services include services to major financial institutions covering all types of debt, including:
- Bank Cards
- Retail Cards
- Consumer Lending
- Installment Loan
- Auto Deficiencies
- Mortgage Services
As of 2021, consumer debt sat at $14.96 trillion, with the average American holding approximately $92,000 of consumer debt. However, according to Bankrate, the percentage of 30 days or more past due loans has decreased across the board since 2020.
If you are dealing with consumer debt from NCB Management, Inc., you are probably wondering:
- What are my rights against collection agencies?
- Who will contact me to collect my debt?
- What will happen if I fight the debt collection lawsuit?
What Are My Rights Against Debt Collection Agencies?
It is important to know your rights with regard to debt collectors’ obligations. For example, the following are violations of the Fair Debt Collection Practices Act (FDCPA):
- A debt collector cannot call you before 8:00 AM or after 5:00 PM. If they regularly call you before or after these times, it can amount to harassment as well.
- A debt collector cannot call you at your place of business.
- A debt collector may not communicate with your friends and family and tell them about your debts.
- A debt collector must identify themselves and the company they represent.
Who Will Contact Me To Collect My Debt?
Law Office of Simon Goldenberg PLLC has dealt with NCB Management, Inc. The firm that generally represents NCB Management is Forster & Garbus LLP. Due to the substantial knowledge and experience that the attorneys at Law Office of Simon Goldenberg PLLC have, they have a track record of success when dealing with Forster & Garbus LLP on behalf of clients. That track record of success can be seen here.
What Will Happen If I Fight My Debt Collection Lawsuit?
Debt collectors are efficient and usually profitable because people do not respond to debt collection lawsuit complaints; therefore, a default judgment in the amount they request is automatically entered on NCB Management's behalf. When you fight a debt collection lawsuit with the help of an experienced attorney, your attorney works to protect your rights.
What Must NCB Management Prove To Have A Claim?
Creditors tend to be thorough when filing a complaint because they want to ensure that all of their potential avenues for collection are covered. As a result, they may assert multiple causes of action:
- Breach of Contract
- Unjust Enrichment
- Accounts Stated
Breach of Contract
A breach of contract claim essentially says that you agreed to pay a debt loaned to you and failed. However, suppose there are any provisions that the collection agency has breached. In that case, your attorney may be able to find them by reviewing the loan agreement, also known as a promissory note. Therefore, it is essential that you hire an experienced and knowledgeable attorney to handle your case.
Unjust Enrichment
An unjust enrichment claim has three elements that the collection agency must prove before they can have a successful unjust enrichment claim:
- The defendant received a benefit;
- The benefit was received at the plaintiff’s expense; and
- Under the circumstances, it would be unjust for the defendant to retain the benefit without commensurate compensation.
Accounts Stated
An accounts stated cause of action is a claim payment in which the plaintiff sent an invoice to the defendant, and the defendant failed to pay or object to the invoice in a timely manner. For example, the debt collection agency gave you a notice that your payment was 30, 60, or 90 days late, and you failed to make the required payment by the due date.
What Defenses Do You Have Against NCB Management?
There are a number of defenses that may result in the court dismissing your case or a large reduction in what you owe. Those defenses include:
- Lack of Assignment
- Bankruptcy
- You were only an authorized user
- Statute of Limitations
Lack Of Assignment
One of the first things that a collection agency must show in order to have a viable lawsuit is that they have the right to collect the debt. This can come through purchasing the debt but usually occurs through an assignment. If there was not a legal assignment, then the debt collection agency has no legal right to collect the debt, and the lawsuit must be dismissed.
Bankruptcy
If you have previously claimed bankruptcy while you owed certain debt, you generally cannot later be sued for collection of that debt. However, there are a lot of variables with regard to this defense. As a result, if you have previously filed bankruptcy and are being sued by NCB Management, it is important to hire an attorney to represent your rights and interests tenaciously.
Authorized User
If NCB Management is suing you over credit card debt you were not the owner of, they do not have a viable claim against you.
Statute Of Limitation
As of April 7, 2022, the statute of limitation for debt collection was reduced from six years to three years. The statute of limitations means that if you defaulted on your debt over four years ago, you could not be sued for the collection of that debt. That does not mean they cannot attempt to collect by calling you, sending you a notice, and reporting on your credit report.
Hiring A Consumer Rights Attorney
If NCB Management, Inc. is coming after you, contact the experienced and knowledgeable attorneys at Law Office of Simon Goldenberg. They have a proven track record of success and will tenaciously represent your rights to get the lawsuit dismissed or the amount you owe drastically reduced. Call today at (888) 301-0584 or reach out online for a free, confidential consultation.