TJN66

National Enterprise Systems?

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They called me on Thursday and proceeded to threaten me with garnishment of wages, court action that day, taking my husbands paycheck (he's not on my account) and serving me at work with court papers. Putting a lein on my house, bank accounts and seizing all assets. This if for a home depot account that I defaulted on. Original amount due is $2400. They will settle for $2000.

Hubby got scared and I stupidly gave our checking account number out to them and now I am worried that they will drain the account. Should I go to the bank on Monday and cancel the account or can I just stop all withdrawals from them?

They are suppose to take out $500 on the 30th. I called and left a message that only $200 will be in the account. (Which is true.) With the remaining balance due on 10/2. I am cashing in some of my 401k to get rid of this debt.

We have not been sent any letters to validate the debt or anything. When I asked for a settled in full letter the NES person, Samantha Sims, said she would send me a letter. I looked them up on the internet and realized they are one of the worst CA there is.

Any advice? Im scared to do the wrong thing. I will have the money to pay them as agreed but I think that they are going to screw me over in some way.

Tammy

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Hubby got scared and I stupidly gave our checking account number out to them and now I am worried that they will drain the account.

You should be worried.

If you want to pay this, pay it directly to Home Depot - never to a debt collector. You have absolutely no assurance whatsoever that any of your money will be used to pay Home Depot unless you pay them directly.

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Even if you put a stop payment - I don't believe you are insulated from the CA taking funds from the account.

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First take a deep breath and relax. You're not over a barrel just yet.

*Breathe in and exhale*

Now:

I think you better go to your bank first thing and tell them to open a new account and transfer all funds to that account. They will clean ya out for sure.

Home depot is a store chain and it's unsecured debt. Do NOT even settle with this collection agency, for they have made threats they will not follow through with. Such as filing a lawsuit right away. They are trying to scare you into paying right now. They did from what I gather.

DO NOT...I REPEAT...DO NOT...CASH IN YOUR RETIREMENT ACCOUNT TO SETTLE THIS DEBT. That money is exempt from collection. So is any SS, disability, child support, monies won in a suit.

You live in NYS, there are exemptions to what they can take but first they need to take you to court before they can do any of that. They can place a lien against your house (if your name is on deed) and have 20 years to collect if there is proceeds from the sale of the house. And they can take a garnishment against your wages only. (Hubby's name not on account). The wage garnishment is: 10 % of total gross pay or 25% of "disposable" income. Exact words!

Save all your records and receipts. If you need to go to court, you can have proof of your "disposable income."

The statute of limitations is 6 years in NY. They have six years to sue you which is longer than many other states. 6 years from date of default.

If your do a settlement offer get everything in writing and NOT over the phone. Or make your settlement offer with their lawyer before court...in the court house and have the judge sign it or a witness.

good luck :)++

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Thank you. do you think that they will try and take the funds monday morning? I have to ge at work by 7:45 and the bank opens at 8am. Good grief I am so stupid. I knew better!

Tammy

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I wouldn't take a chance on letting it go. If you can, let your employer know you will be late and have to go to your bank first thing. If you don't wish to elaborate just tell them it's an emergency and someone got a hold of your account number.

I would be at that bank at 7:45 waiting for them to open. Explain the situation and get a new account and just transfer the fund. The only problem you might have is if you have any checks that haven't gone through yet. They would bounce. If you don't have any outstanding checks...no worry then.

Yes, they will get that money ASAP if they can.

Have you gotten a dunning letter yet? A letter with the CA's letter head telling you they are collecting on the account.

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Nope nothing from them. Only the phone call on Thurdsay. I will call and tell them that Im going to be late on Monday and go to the bank. I do have 4 outstanding checks that are going to be going thru that account number I gave them. Is it possible that the bank can re route them to the new account?

Tammy

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ya can ask. Not sure if the bank can reroute them. The bank might know how take care of that too. They shouldn't allow unauthorized transactions and if they know this collection agency is not authorized they might be able to block them and save you the hassle. Ask the bank what your options are.

You should get a letter from the agency soon. When you do you will be given 30 days to dispute the debt if it's not yours. If it is yours and you don't want them harassing you by phone, send a C&D phone calls letter. Make sure you also specify no work calls too. Send it certified mail and you can track when they received it via internet. If they call after they signed for the letter they are in violation of the FDCA and can be sued a 1,000 dollars for each violation.

Keep all records from them, do not talk to them on the phone. They're job is to scare you out of your money. Save what money your can in the mean time to offer a settlement when you can.

Don't use your retirement money or any monies that are exempt exempt to pay a credit card. (That's how my hubby got himself over a barrel, by borrowing from the 401 to pay credit card payments)

If you can't settle then go to court. You can cross that bridge when you come to it.

Good luck. ;)

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Thanks Jackie. I knew better...but got so rattled that I caved. Jeez...I cant imagine how people deal with this that dont have the info here to fall back on.

Tammy

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Thanks Jackie. I knew better...but got so rattled that I caved. Jeez...I cant imagine how people deal with this that dont have the info here to fall back on.

Tammy

Thanks Tammy,

LOL...I know a few. They caved! Nearly cost them their home. They paid credit cards before the mortgage.

Prioritize is the key. Pay what needs to be paid first. And read, read, read. download a copy of the FDCA (Fair Debt Collection Act) and read it front to back.

Also, click on the state exemptions sticky and read through the others as well.

Think back to that old saying in school...knowledge is power.

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For anyone interested...

I called NES and stopped the payment for tomorrow. Then went to the bank and closed that checking account it was to be drawn on.

The NES witch said "Your getting sued." Then tried to argue with me. I hung up the phone and didnt speak except to say that I was withdrawing consent for the withdrawal on 9/30/08.

I also got the dunning letter today. DV is going out this weekend when I can get to the post office.

And thank you everyone that helped me. I really appreciate it very much.

Tammy

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I am not sure of the exact date that it went into collections but this account is not over 10 months delinquent.

Tammy

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I would definitely suggest during your DV process, you get yourself a NACA lawyer.

http://www.naca.net/

Find an attorney in NY that will take your case on contingency (meaning you don't pay). Yeah yeah, you might not get all of that $1G-$3Gs you are entitled to, but if you want piece of mind, a good NACA attorney will make sure they never bother you, report on your CRs or most importantly sell your debt to some other lowlife JDB. They might be able to work with you on the cash.

Plus, I found that having a NACA attorney made the process of ridding a JDB very easy and quicker than doing it pro se (doing it your darned self).

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Well...I am so happy that I closed that checking account. Even after I called and told them that I withdrew my consent for the payment NES tried to withdraw it today on the closed account.

If it wasnt for this board I would have not had any idea what type of people these are. Now to call the original creditor and work with them only on settling this debt.

Again..thank you all for helping.

Tammy

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Well..the NES mess continues.

Today I get a call from the same woman. Telling me that I have bounced a check over state lines and I need to call her tonight to rectify the situation and prevent further legal action against me for said check. (I have it all on my answering machine.)

She pretty much stated that I was going to be in trouble and she will proceed against me immediately if she does not hear from me for issuing a bad check across state lines.

Now I called and withdrew consent for the withdrawal on 9/30/08. Can she still proceed as if I had issued a bad check? Good gried this JDB is scum.

Thanks again,

Tammy

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