No one likes to fall into debt and most of us try to avoid this ever happening. However, there are times when a repayment date for a loan is missed because there is no cash available in the bank to pay it.
Often, a creditor is sympathetic and will allow a repayment to be made after the due debt. However, there are some creditors who lose their patience and hire a debt collection company like National Commercial Services Inc. to collect the debt on their behalf.
Debt collectors aren’t the most sympathetic people when approaching debtors assigned to them. They may try to speed up the debt collections by intimidating the debtor with repeated requests to pay up.
Fortunately, the U.S. federal government has made it illegal through the Federal Debt Collection Practices Act (FDCPA) for 3rd party debt collectors to force repayment of a debt by making repeated and unwanted calls to a debtor, whether by phone or visits to their home.
What is the FDCPA?
The FDCPA regulates what a 3rd party debt collection agency like National Commercial Services, Inc. is and is not allowed to do. The FDCPA doesn’t cancel the person’s debt to their creditor but it stops debt collectors from using undue force such as harassment and verbal abuse or repeatedly calling up or visiting a debtor any time of day or night.
If a debt collector fails to act responsibly towards the debtor as defined by the FDCPA the debtor may be able to sue the debt collector for violating the FDCPA. This has to be filed within 12months of the date of the violation.
What is and What is Not Acceptable Behavior From National Commercial Services, Inc.
National Commercial Services, Inc. is only responsible for collecting the debt from the debtor when asked to do so by a creditor. This is a completely legal practice but the debt collector is not allowed to make contact with the debtor during antisocial hours or at any other time if requested by the debtor. ‘Antisocial’ hours are considered to be before 8’o’clock in the morning or after 9 ‘o’clock in the evening unless the debtor has made prior arrangements to meet during these times.
What to Do if Harassed by National Commercial Services, Inc.
You should try and approach the debt collector yourself and ask them politely not to visit or call you in antisocial hours unless you have made arrangements with them to do so. If this request is met with a negative response and the debt collector continues to phone or turn up at your home during antisocial hours you may have the right to take legal action.
You may be able to demand damages for this illegal behavior. This includes the cost of any legal fees incurred in the lawsuit.
How a Lawyer can Help
Theoretically, you can sue the debt collector, i.e. National Commercial Services, Inc., all by yourself, but this isn’t in your best interests. You are far more likely to gain a favorable settlement if you hire an experienced attorney to take the legal action on your behalf.
Make sure you have kept a record of attempts by the debt collector to repeatedly contact you during antisocial hours. To have the details of you claim looked over by a lawyer that takes creditor harassment claims in your area, complete the Free Case Evaluation on this page today!
*Disclaimer: The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against National Commercial Services, Inc., or any other third-party collection agency, you may not be entitled to receive compensation.