When a person is facing debt collections proceedings, he or she may be dealing with multiple debt collectors. Many times, these collectors resort to behavior or actions that are unprofessional to the point of being harassing.
If one of these debt collectors is NCB Management, it is important you, as the debtor, understand your rights and what you can do to protect yourself.
What Is the Fair Debt Collection Practices Act?
Under the Fair Debt Collections Practices Act (FDCPA), all debtors are protected against unfair consumer debt collection practices of third-party collectors like NCB Management. The law is part of a bigger law, the Consumer Credit Protection Act, which was created in 1977.
This law gives strict guidelines that debt collectors must follow when collecting on a debt. If the debt collector violates the law, the debtor has recourse and can seek compensation for damages sustained against the collector.
About NCB Management
NCB Management Services, Inc. is a collection agency located in Trevose, Pennsylvania. It has been in existence since 1994 and offers collection services for businesses, medical practices and other facilities, to help collect their accounts receivable.
NCB offers services to clients by sending demand letters, making debt collection phone calls, reporting to credit bureaus and even handling collection legal proceedings.
Determining If a Claim Exists
The first step is to determine if a claim exists. The FDCPA prevents NCB Management from committing certain behavior that is considered unprofessional and unethical, including:
- If NCB Management has contacted the debtor at “odd hours,” which normally means before 8 a.m. or after 9 p.m.;
- If NCB Management has used threatening or violent language when communicating with the debtor or other people connected to the debtor;
- If NCB Management has threatened to file a law suit when they have no intention of pursuing a legal claim;
- If NCB Management has threatened to garnish the debtor’s wages when they have no legal right or no intention of pursuing a garnishment;
- If NCB Management has called the debtor’s place of employment when he or she has specifically stated that no personal calls are to be made there;
- If NCB Management has communicated with third parties connected to the debtor in an effort to seek information on the debt or disclosing information about the debtor; or
- If the debtor has reason to believe NCB Management has threatened to file criminal charges against the debtor while collecting on the debt.
If any of the above behavior has happened to the debtor, he or she may have a valid FDCPA claim to be filed in state court by NCB Management.
What Damages Are Available?
Once the debtor determines that he or she has a valid FDCPA claim against NCB Management, he or she must then determine what types of damages are possible. In all FDCPA claims, the debtor is entitled to receive statutory damages in the amount of no more than $1,000, regardless of actual damages sustained.
In addition, the debtor can also seek actual damages. These damages can include compensation for physical injury or illness, including medical bills. In addition, actual damages can include emotional distress damages caused from the FDCPA violations.
If the debtor has also had to lose time at work because of this harassment and stress, the actual damages can include lost wages. However, for actual damages to be awarded, he or she must be successful in proving they occurred and in showing a connection to the injury and the behavior exhibited by the debt collector.
In addition, attorney’s fees needed to pursue an FDCPA claim can be reimbursed with the final award given.
Contact an Attorney Today
If a debtor believes an FDCPA violation has occurred by an employee from NCB Management, he or she needs to contact an attorney for a consultation. The attorney can advise the client on what steps need to be taken to prove a successful case.
If a debtor brings a case and loses, he or she risks the chance of having to pay for the legal fees for the debt collector in having to defend the claim. NCB Management will likely come to court with legal representation.
It benefits the debtor a great deal to have a professional on his or her side, as well. This evens the playing field and ensures that all information and evidence is presented properly in proving the debtor’s case.
*DISCLAIMER: The content of this article is for information purposes only. It should not be used construed as legal advice. If you choose to file a claim against NCB Management or any other third-party collection agency, your claim may not be successful, and you may not be entitled to any compensation for your alleged injuries.