Every year the Federal Trade Commission receives thousands of complaints about debt collectors. In some cases, they are being verbally abusive on the phone while in others, they call people at all hours. If you find yourself being chased by such a company, read on to learn more about your rights.
Your Rights Under the FDCPA
The Fair Debt Collection Practices Act (FDCPA) limits what debt collectors can say or do to collect an outstanding debt. Under the FDCPA, the following manipulative and harassing actions (and others like them) are illegal.
- Using profane and abusive language
- Demanding outrageous ‘fees’ in addition to the original debt
- Contacting you at work if you are not allowed to receive calls there
- Threatening legal action they are not eligible to take or have no intention of taking
- Saying that they will seize your property or garnish your wages
- Refusing to provide proof that you owe a debt and they are authorized to collect it
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Company Profile: National Credit Works, Inc.
If you are being called by National Credit Works, Inc., here is a general company overview.
National Credit Works, Inc.. is a debt collection agency in Cheektowaga, New York. It was founded in 2010, has fewer than 10 employees, and is managed by owner Gregory Emminger. Digitized records made available to the public at the PACER website confirm that people believed that they were being harassed by National Credit Works, Inc. chose to fight back.
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Alleged Violations against National Credit Works, Inc.*
According to information on the PACER website, in or around late 2009, National Credit Works, Inc. began contacting a California consumer to collect a debt. He complained that collectors left voice messages that did not properly disclose their identity or purpose.
In one message left on November 10, 2009, a representative allegedly stated that she was calling from “National” and that the consumer’s social security number and name could be affected by fraudulent check charges. She also allegedly stated that failure to pay the debt was a crime and that wage garnishment and property seizure could follow.
Feeling harassed by National Credit Works, Inc., the consumer hired a lawyer and sued the firm for
- Failing to identify itself as a debt collector in all communications
- Misrepresenting the character, amount, or legal status of the debt
- Using unfair and unconscionable means to collect a debt
- Threatening legal action it could not take
- Using false, deceptive, and misleading means to collect a debt
The matter was later settled.
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Hire a Consumer Lawyer
The phone numbers for this debt collection agency are:
If you ever see them your caller ID, it means that National Credit Works, Inc. is chasing you to collect a debt. If they try to convince you that nonpayment of a debt could result in a criminal record, hire a consumer lawyer and file a claim against National Credit Works, Inc. You could potentially be awarded $1,000 per FDCPA violation. Never passively accept abuse from a collection agency when their actions are against the law.
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Additional Resources
*Case taken from PACER (pacer.gov). Case 2:09-cv-03519-GEB-KJM from the United States District Court for the Eastern District of California.
Disclaimer: The content of this article serves only to provide information and should not be constructed as legal advice. If you file a claim against National Credit Works, Inc. or any other third-party collection agency, you may not be entitled to any compensation.