- Report: #299270
Complaint Review: NCA Financial Inc./National Credit Acceptance
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| NCA Financial Inc./National Credit Acceptance 1731 Howe Avenue, #254
Sacramento, California U.S.A. |
|
NCA Financial/national Credit AcceptanceNCA Financial Inc./National Credit Acceptance NCA financial/National credit accessment acceptance, Serving Bad Address, John J. Pugh, Sacramento California, using harrassment and extorsion on a credit card debt. Sacramento CA
*Consumer Comment: File a "Motion to Vacate Judgment" to be heard by the judge
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I had a friend put me on a credit card (Chase Manhattan) not as a co-signer but as an authorized user. This was offered by him only as a convenience for me to rent cars, hotels, etc. No money was ever taken by me. He did this for another friend too.
Well, I moved to Seattle in 2000 and didn't think anything about it.
Well, one day NCA (National Credit Acceptance) contacts me. This was in june of 2007 to tell me that they were purchasing this debt and pleased to have me as their customer blah, blah and saying that a judgment has been entered against you and now the balance is
($50, 630.89). You can settle with us now though for ($40,677.02) to avoid any further legal or collection steps.
I thought it was a joke until I contacted the San Fransisco court and found out that a default judgment was obtained against me. ($15,000) The difference now according to NCA is because of attorney fees and interest. That's over 3 x the original amount of judgment.
Apparently my friend decided after I left in 2001 to cash out the credit card ($15,000) in one day and declare bankruptcy. So they can't touch him but their now coming after me for the amount.
I was never informed, served, or even suspected of any court date. Thus I never got a chance to represent myself and consequently came up as the loser in the court case.
I'm now getting these subpoenas from NCA that have been directed at my building owner and now bank (Bank of America) telling them to produce records or face a contempt of court. Today my bank sent me a letter stating there obligation to comply with this subpoena unless they receive a court order ordering them not to. Basically ordering my bank to supply them with everything about me. Online banking activity, statements, etc.. Now I also know they'll also have the power to clean my account out too based on others experiences.
I need to try to stop these subpoenas, talk to a consumer/credit lawyer, and go to San Fransisco and have the records pulled to find out when, how, and where I was notified to try to get another court date or just have it dismissed entirely.
Anyones advise would definetly be welcome.
Jay
North Hollywood, California
U.S.A.
Well, I moved to Seattle in 2000 and didn't think anything about it.
Well, one day NCA (National Credit Acceptance) contacts me. This was in june of 2007 to tell me that they were purchasing this debt and pleased to have me as their customer blah, blah and saying that a judgment has been entered against you and now the balance is
($50, 630.89). You can settle with us now though for ($40,677.02) to avoid any further legal or collection steps.
I thought it was a joke until I contacted the San Fransisco court and found out that a default judgment was obtained against me. ($15,000) The difference now according to NCA is because of attorney fees and interest. That's over 3 x the original amount of judgment.
Apparently my friend decided after I left in 2001 to cash out the credit card ($15,000) in one day and declare bankruptcy. So they can't touch him but their now coming after me for the amount.
I was never informed, served, or even suspected of any court date. Thus I never got a chance to represent myself and consequently came up as the loser in the court case.
I'm now getting these subpoenas from NCA that have been directed at my building owner and now bank (Bank of America) telling them to produce records or face a contempt of court. Today my bank sent me a letter stating there obligation to comply with this subpoena unless they receive a court order ordering them not to. Basically ordering my bank to supply them with everything about me. Online banking activity, statements, etc.. Now I also know they'll also have the power to clean my account out too based on others experiences.
I need to try to stop these subpoenas, talk to a consumer/credit lawyer, and go to San Fransisco and have the records pulled to find out when, how, and where I was notified to try to get another court date or just have it dismissed entirely.
Anyones advise would definetly be welcome.
Jay
North Hollywood, California
U.S.A.
This report was posted on Ripoff Report on 01/11/2008 05:22 PM and is a permanent record located here: http://www.ripoffreport.com/r/NCA-Financial-IncNational-Credit-Acceptance/Sacramento-California-95825/NCA-Financialnational-Credit-AcceptanceNCA-Financial-IncNational-Credit-Acceptance-NCA-299270. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.
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File a "Motion to Vacate Judgment" to be heard by the judge
AUTHOR: John Doe - (U.S.A.)
SUBMITTED: Wednesday, January 16, 2008
If the NCA has a judgment against you and you don't think you were served to even show up to defend yourself, then you need to what's called "A Motion to Vacate Judgment" and in it incldue the casue why you didn't show up to the hearing. Even if it's been months since the judgment was won against you, you still can convince the court to hear you so that you may tell them your side.
In this case I would suggest to get an attorney as the amount is pretty high and worth going through an attorney. You may do it on your on by asking the court for the form to fill out called "Motin to Vacate Judgment". It will casot you close to 40 dollars to file and and don't forget to also file "Proof of Mailing" which the court clerk will also provide to you if you ask. Proof of mailing shows that you mailed the same documents, namely the motion to vacate judgment, to NCA or their attorney.
If you ever talk to NCA on the phone you should not admit to anything until you're heard in court. For your case I would suggest you go through an attorney as the amount is significant.
John Doe
In this case I would suggest to get an attorney as the amount is pretty high and worth going through an attorney. You may do it on your on by asking the court for the form to fill out called "Motin to Vacate Judgment". It will casot you close to 40 dollars to file and and don't forget to also file "Proof of Mailing" which the court clerk will also provide to you if you ask. Proof of mailing shows that you mailed the same documents, namely the motion to vacate judgment, to NCA or their attorney.
If you ever talk to NCA on the phone you should not admit to anything until you're heard in court. For your case I would suggest you go through an attorney as the amount is significant.
John Doe
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