- Report: #290100
Complaint Review: National Credit Acceptance
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| National Credit Acceptance 1731 Howe Avenue #254
Sacramento, California U.S.A. |
|
National Credit Acceptance Filed for Writ of Garnishment that violated Federal and State Law Sacramento California
*Consumer Comment: Actually Bob...
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NCA filed for a writ of garnishment in New Mexico after getting a judgment against me in CA. They served my old address in CA 2+ years after I had left the state. They continued to use the old address after they knew my new address in New Mexico. They filed for the Writ of Garnishment 2 days before I was scheduled to move to TN. They were awarded the Writ and my employer was served. Once the dust had settled from the move and I got a chance to look at the paperwork, I found that they had gone after 75% of my pay. Federal and state law allow them to garnish a maximum of 25%. After learning that I had moved they went back to the court and filed for another writ to go after my bank account. They didn't freeze the accounts they took every penny out of them. This caused a large number of scheduled bill pays to bounce. The writ that they took to the bank was a modified version of the original. The funds that were in the accounts were from my paycheck and thus under state law were exempt (execpt for 25%). All of this took place while I have been living 2000+ miles away. It wasn't they went to a Bank Of America and presented them with a now determined false Writ of Garnishment that they drained my accounts. I am in the process of contacting an attorney.
This company has a history of using illegal and unethical tactics to collect on their accounts. From what I have read here this is the norm for them, and the State of CA seems to allow them to get away with this type of activity. The states where they domesticate the original judgment apparently do not research the law, they take what the attorney tells them.
When I originally found out about the judgment (more than 2 years after the fact), I spoke with an attorney friend of mine and he told me that to file for a judgment in most states the company filing only has to say that mailed out paperwork, they do not have to show that the person actually received it. I never received any of the paperwork that they claim they sent. The court records show that 2 years after I had moved, and NCA knew this, they served my old address in CA. Someone at the house received the paperwork. I am in the process of getting an attorney here in TN to fight this whole mess.
NCA has more than doubled the original amount by filing these claims.
Bob
Oak Ridge, Tennessee
U.S.A.
This company has a history of using illegal and unethical tactics to collect on their accounts. From what I have read here this is the norm for them, and the State of CA seems to allow them to get away with this type of activity. The states where they domesticate the original judgment apparently do not research the law, they take what the attorney tells them.
When I originally found out about the judgment (more than 2 years after the fact), I spoke with an attorney friend of mine and he told me that to file for a judgment in most states the company filing only has to say that mailed out paperwork, they do not have to show that the person actually received it. I never received any of the paperwork that they claim they sent. The court records show that 2 years after I had moved, and NCA knew this, they served my old address in CA. Someone at the house received the paperwork. I am in the process of getting an attorney here in TN to fight this whole mess.
NCA has more than doubled the original amount by filing these claims.
Bob
Oak Ridge, Tennessee
U.S.A.
This report was posted on Ripoff Report on 12/09/2007 10:27 AM and is a permanent record located here: http://www.ripoffreport.com/r/National-Credit-Acceptance/Sacramento-California-95825/National-Credit-Acceptance-Filed-for-Writ-of-Garnishment-that-violated-Federal-and-State-L-290100. 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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Search Tips#1 Consumer Comment
Actually Bob...
AUTHOR: Striderq - (U.S.A.)
SUBMITTED: Sunday, December 09, 2007
If the garnishment is on your paycheck there is a limit as to what they can take based on how often you are paid, but if the garnishment is against your bank account they can take everything in the account (even money from paychecks) upto the amount of the judgement. I know, I've been there and done that. Hope everything works out well for you.
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