You might have heard the timeless adage of “Ignoring the pain won’t make it go away.” Well, here is a little twist on the adage.
Ignoring a debt collection agency won’t make the company go away. In fact, third party debt collectors are relentless in collecting the outstanding debts owed by consumers. By relentless, we mean crossing the legal line by harassing and intimidating consumers into taking care of credit card and personal loan balances. However, since September 20, 1977, a groundbreaking federal consumer protection law has leveled the legal playing field between consumers and bill collectors.
Called the Fair Debt Collection Practices Act (FDCPA), the federal consumer protection law makes it illegal for debt collection agencies to harass and intimidate consumers. Harassment can come in the form of repeated phone calls made throughout the day. Intimidation can involve a third part debt collector issuing threats, including the threat to initiate legal action by filing a lawsuit.
Threatening Legal Action is against the Law
Under the FDCPA, third party debt collectors that issue threats have broken the law. The FDCPA contains two provisions that address threats. The first provision outlaws threats such as threatening to seize private property or threatening to contact friend and family members. It is a general provision that uses legal precedents to establish the type of threats that are banned by the FDCPA.
The second provision that discusses threats refers to one type of threat: the threat to take legal action. According to the FDCPA, it is clearly illegal for a bill collector to threaten you with legal action. Whether the threats are made in a letter or over the phone, you have to take swift action by contacting a licensed consumer protection lawyer that has amassed an impressive record of winning FDCPA cases. If you do not take swift action, a debt collection agency such as NCB Management Services, Inc. will be empowered to come after you harder.
How to Handle the Threats Made by NCB Management Services, Inc.
Your FDCPA attorney has several options for responding to a threat made by NCB Management Services, Inc. to sue you in a civil court. He or she might choose to file a counter claim seeking monetary damages for the FDCPA of issuing threats. If your lawyer feels your case is not strong enough for litigation, he or she might select a less combative legal option that includes negotiating a debt settlement with NCB Management Services, Inc.
Writing a letter that proposes a debt settlement should be written by a FDCPA lawyer. Your attorney will know exactly what to write, including proposing a reasonable term for settling the debt in question. He or she will use neutral language that does not further agitate the debt collection agency. Consumers that write their own debt settlement letter often allow emotions to diminish the request for a debt settlement.
Do not allow a third party debt collector to get away with threatening legal action. Schedule a free initial consultation with an experienced FDCPA lawyer today to get the legal ball rolling.
*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 NCB Management Services, Inc. or any other third-party collection agency, you may not be entitled to any compensation.