A Sanford, FL consumer alleged that National Credit Adjusters, LLC violated the Fair Debt Collection Practices Act (“FDCPA”) by threatening to take legal action against her.
Collection agencies who threaten to sue a consumer must have both the authority to sue and intend to sue the consumer. Very few collection agencies have either the authority or intend to actually sue a consumer.
Collection agencies admit that they sue less than 2 or 3 percent of the consumers.
The Florida consumer alleged that National Credit Adjusters also failed to disclose its true name (referring to itself as “NCA” rather than “National Credit Adjusters”) in communications with her.
The factual allegations in the 2010 complaint are just that — alleged facts. The alleged facts were never proven in court.
If you are receiving calls from National Credit Adjusters or other collection agencies attempting to collect consumer debts, you are welcome to contact me by completing the Collection Agency Harassment Form in the right hand column of this page. If you live in Florida, you are also welcome to contact my assistant. I will contact you to discuss your situation and how I might be able to help you.
If you live outside Florida, I will try (as a courtesy to you) to provide you with the name and contact information of an experienced FDCPA lawyer who is licensed to practice law in your state.
(C) 2011 Donald E Petersen
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I too have been having a very bad experience with this company. About 5 weeks ago a collection person from their company named Cynthia Sanchez called me at work. She began the call stating she was with NCA and she was calling me in regard to my breach of a contract with Cashnet USA. She then went on to demand payment and stated that I had to take care of this that very day. She never cited the FDCPA statement at all. I told her I could not have calls at work and asked for a number. Over the past few weeks, she has called me at least 7-8 times at work despite me asking her not to. She has demanded post-dated checks. She also told me that she is a mother of 4 children and she still manages to pay all of her bills and why can’t I pay my bills. Yesterday she called and demanded to speak to my payroll supervisor or corporate office. I told her she could not do that and she said “oh yes I can and I am.” She did try to obtain information from me from our receptionist. She should not be discussing my debt or calling my employer, etc. I have never received any written documentation from this company or been allowed 30 days to dispute the debt. I’m not even sure I owe it. She just assumes I do. She usually calls every other day so I’m hoping she doesn’t call tomorrow. I work for a law firm and we are very busy preparing for a trial and it is very upsetting to keep getting calls from this woman. I just started a year ago and I don’t need her causing trouble for me on my job. I believe she has violated several FDCPA laws. Thank you for listening.
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