Are You Being Sued By NCB Management, Inc.?[yoast-breadcrumb]
Sued By NCB Management Services? Here’s What You Need to Know
Getting sued by a debt collector like NCB Management Services can be scary and confusing. As a financial consulting firm dedicated to helping consumers and business owners have a healthy relationship with money, we want to provide some guidance if you find yourself in this situation.
First, don’t panic. Take a deep breath. Getting a lawsuit notice does not automatically mean you owe the debt or that NCB Management will definitely win in court. There are steps you can take to protect yourself.
Who is NCB Management Services?
NCB Management Services is a large national debt collection agency and debt buyer. They purchase defaulted debts like credit card accounts, personal loans, etc. from creditors at a discounted price. Then they try to collect the full amount from consumers. NCB may also collect debts on behalf of creditors and other debt owners.
NCB Management Services is a real company, not a scam. They’ve been around since 1994 and are accredited by the Better Business Bureau. But just because they are legit does not mean they are infallible.
Why am I Being Sued by NCB Management Services?
If NCB is suing you, it likely means they believe you owe a debt that you breached the terms of your contract on. This could be:
- A credit card account they purchased from your original creditor
- A personal loan or auto loan they are trying to collect on behalf of another company
- Any type of debt they claim you did not pay back as agreed
However, collectors like NCB do make mistakes. You may be getting sued over a debt that:
- You already paid off or settled
- You never actually owed in the first place (mistaken identity, fraud, etc.)
- Is too old for them to legally collect on (past the statute of limitations)
This is why it is critical to take action to defend yourself, even if you know you had an unpaid debt. The collector may not have sufficient proof you owe what they claim.
What Should I Do if Sued by NCB Management Services?
If you get notice you are being sued by NCB Management Services, here are some steps to take:
- Respond to the lawsuit right away – Do not ignore it as this could result in a default judgment against you.
- Dispute the debt and ask for validation – You have the right to request proof from NCB that you actually owe the debt they claim. Force them to prove it.
- Negotiate a settlement – We may be able to work out a deal with NCB for you to pay a lesser amount through a payment plan.
- File for bankruptcy – If you have overwhelming debts, bankruptcy may wipe out the NCB debt and give you a fresh start.
- Defend yourself in court – Fight the lawsuit and refute NCB’s claims if they cannot validate the debt or have other weaknesses in their case.
The right path depends on the specifics of your situation. Our debt defense attorneys can help you review your options and decide the best strategy.
Can NCB Management Garnish My Wages?
NCB cannot garnish wages in Texas if they win a lawsuit against you. However, they can pursue other methods to force you to pay:
- Freeze and levy your bank accounts
- Put a lien on your property
- Seize and sell your unprotected assets
And they can renew the judgment every 10 years. So it is in your best interest to take proactive steps to defend yourself rather than waiting for them to collect.
How to Handle an NCB Management Services Lawsuit
Here are some specific steps our attorneys recommend if you get sued by NCB Management Services:
- Request debt validation – Write to NCB requesting complete proof you owe the specific amount they claim. Make them prove it is your debt and the amount is correct.
- Check statute of limitations – Ask your attorney if the debt falls outside the statute of limitations in your state. If so, state this in your response and request the case be dismissed.
- Gather evidence – Compile records, statements, correspondence, etc. related to the alleged debt to help fight their claims.
- Negotiate – If there is validity to the debt, negotiate a reduced settlement offer you can afford. Often we settle these debts for 20-50% less than claimed.
- File counterclaims – If NCB violated debt collection laws, file FDCPA and state law counterclaims to hold them accountable.
With the help of experienced debt defense lawyers, many people are able to get NCB Management lawsuits dismissed or settled for much less than claimed. So do not just give up if you are sued.
Mistakes to Avoid When Sued by NCB Management
Here are some common mistakes people make when dealing with an NCB Management Services lawsuit that you’ll want to avoid:
- Ignoring the lawsuit – This almost always leads to default judgment against you.
- Making payments without settlement – Unless you negotiate a formal settlement agreement, any payments you make could renew the statute of limitations.
- Admitting you owe the debt – Never admit owing a debt without talking to an attorney first, as that can harm your defense.
- Agreeing to a payment plan you can’t afford – Be realistic about what you can pay monthly to avoid breaching the agreement.
- Going to court without representation – Seek experienced legal help to defend against their claims in court.
Key Lawsuit Defenses Against NCB Management
Here are some of the most effective defenses and counterclaims our attorneys use to contest NCB lawsuits:
- Debt is inaccurate or not yours – NCB must prove the amount claimed is correct and belongs specifically to you. If they can’t, their case fails.
- Identity theft/fraud – If you believe the account was opened fraudulently in your name, make that defense.
- Time-barred debt – If the debt is past the statute of limitations for collection in your state, the lawsuit should be dismissed.
- FDCPA violations – Sue NCB Management Services for illegal debt collection practices like harassment or deceptive tactics.
- Improper service – If you were not properly served the notice, challenge the service and request dismissal.
An attorney experienced in consumer law can determine if any of these defenses apply in your case.
What If I Already Have a Judgment Against Me?
If NCB Management Services already has a judgment against you, don’t panic. There are still things you can do:
- Request a payment plan – Ask the court for affordable monthly payments to satisfy the judgment over time.
- Apply for a hardship waiver – Seek a pause on collections due to financial hardship like illness or unemployment.
- Negotiate settlement – You may still be able to settle for less than the judgment if you offer a lump sum.
- File for bankruptcy – In some cases, bankruptcy can eliminate or discharge the judgment debt.
- Appeal the judgment – You may be able to appeal the judgment and get it overturned if there were errors.
Judgments can be complex, so speak to a lawyer right away if NCB Management has one against you.
Finding the Right Lawyer to Fight NCB Management
The right lawyer can mean the difference between getting your case dismissed versus ending up with a damaging judgment. Here are tips for finding the best attorney:
- Look for consumer law expertise – Find lawyers experienced specifically in defending debt collection cases.
- Read reviews and talk to past clients – This gives insight into their skills and track record.
- Ask about strategy – Make sure they have a proactive plan to fight the case and protect you.
- Beware of red flags – Don’t hire lawyers who promise unrealistic outcomes or push bankruptcy.
- Compare fee structures – Contingency fees or flat rates can ensure predictability.
Take time to research and interview attorneys thoroughly. Vetting lawyers upfront can pay off tremendously down the road.
Alternatives to Litigation
Going to court over an NCB Management Services lawsuit should not be your only recourse. Here are some alternatives that may help resolve the situation:
- Debt counseling – Nonprofit credit counseling provides budgeting help and can negotiate with NCB.
- Debt consolidation loan – Borrowing to pay off debts can simplify payments into one monthly bill.
- Debt settlement – Lump sum settlements of 20-50% may fully resolve what you owe.
- Debt management plan – This formal plan managed by a credit counselor can help repay debts over time.
The best path depends on your specific financial situation. Discuss options with both a lawyer and financial advisor.
The Bottom Line
Getting sued by NCB Management Services can be unnerving but does not have to ruin you financially. Understand your rights and defenses. Talk to an experienced lawyer about fighting their claims. Consider alternatives like settlement or debt management. And take control of the situation rather than ignoring it.
With the right help and strategy, you can resolve the lawsuit on terms that work for your budget and prevent NCB from destroying your finances. There are always options – so don’t give up or go it alone. We’re here to help you chart the best course forward.