Tammy
Lowville,#2Consumer Comment
Fri, November 28, 2003
Send a letter of validation, certified mail, return reciept requested. The Budd Hibbs site will have a report and a street address for NCO. Send a letter for validation and a cease and desist letter limiting them only to written communication. Whether they can collect or sue will depend on whether the debt is within statute of limitations. When was last payment? New York Statute of limitations are 6 years for oral agreements, written agreements (installment contracts), open-ended accounts (credit cards and lines of credits). If the debt is within statute of limitations, they have to sue you first and the burden of proof is on them to prove you owe the debt. In other words, tehy have to provide the original contract or application with your signature and proof of payments as well as a complete accounting of why you owe what they say you owe. Your defense is lack of knowledge since they won't tell you what it is about. If they get a judgment, (70% of cases who actually go to trial do not obtain judgments because they can't satisfy the burden of proof...a computer printout does not cut it) and then they have to get a court ordered writ requesting garnishment. In New York, they can only garnish 10% of wages after taxes. Ninety percent of wages are exempt for garnishment. So they cannot garnish 90% of your wages. They cannot put you in jail. They cannot order your arrest. They cannot charge you with fraud. If they bought your debt, they bought a debt, but you didn't fraud them because you didn't sign a contract with them. It is their responsibility to make sure that the debt that they bought is a legitimate debt and is within statute of limitations. You should also request in writing that they are not permitted to call you at work and if they do, you will consider taking them to court for FDCPA violations. NCO does not obey the law. They ignroe credit reporting rules and they ignore collection rules. They break the law with impunity becasue so many people cave into them. Report them to the AG of New York, to the FTC, to the BBB, to anyone who would be interested. If they sent you dunning letters and have not validated report them to the Postal service for mail fraud.