When one takes a position with NCA they have to sign disclosure paperwork stating they will not take any documents out of the office. NCA has its' employees sign this for a very good reason because NCA is a house of cards. If these documents were to fall in the right/wrong hands (depending on what side of the fence one stands), the NCA house of cards will easily come tumbling down. I signed NCA's disclosure paperwork during the hiring process because I was under the impression that NCA was an ethical company that understood that deceit has no place in the legal field. Unfortunately, as my time at NCA rolled along my first impression was replaced with the fact that NCA is indeed an unethical company. Due to what I witnessed at NCA I was forced to make a decision that I had no intention in making, when I first signed on with NCA. Through default, I did not honor the paperwork I signed during the initial hiring process. Honor befits honor and NCA has no honor.
This lack of honor starts at the top with Michael Stalbech, who is not an attorney. Having both a roommate who had to pass an ethics test to become an attorney and having worked for an attorney's office who has to abide by the strictest of ethics to practice law or be fined, Mr. Stalbech displayed a gross negligence regarding such ethics. Case in point, Michael Stalbech is not afraid to roll his sleeves up to make collection calls himself. However, Mr Stalbech is afraid to use his own name, so Mr. Stalbech uses an alias when Mr. Stalbech makes such collection calls. Employees that are still currently working for NCA have told me in the past the reason Mr. Stalbech uses an alias to make collection calls is due to Mr. Stalbech being band from certain states to practice such business? I cannot confirm or deny this rumor, but I'd be interested in knowing the truth.
Furthermore, Mr. Stalbech encourages all his collectors to refer debtors/defendants who own property to refinance their property through his son's company (son also uses an alias), so they can pay their debt. This is very interesting to me because I vividly remember a co-worker at the law firm that I use to work for try referring debtors/defendants to a mortgage company to execute this exact game plan. However, the partner in charge at my old law firm caught wind of my co-workers' actions then proceeded to inform everyone in the collections department that this was not an acceptable practice. The partner then proceeded to inform all of us that the partners' law license has certain ethical standards that must be abided by, so my co-workers' referrals to mortgage companies ended before it got started. It all sounds a bit like extortion to me, that's why I think the partner at my old law firm did not allow Mr. Stalbechs' referral practice to take place at the partners law firm. Either way, I'm not an attorney, so I cannot verify what's right or wrong in this case?
I'm also in possession of what NCA refers to as a Deposition Subpoena Request. NCA mails out hundreds/thousands of these Deposition Subpoena Requests to neighbors, relatives, landlords, & creditors with the goal of obtaining information pertaining to assets (i.e. banking or employment) that can be applied towards defendants' debt. The Fair Debt Collection Practices Act prohibits practices of harassment and false statements, such as, sending anything that looks like an official document from a court or government agency when it is not. Furthermore, the FDCPA prohibits disclosure of defendants' debts to third parties.
In response to NCA's Deposition Subpoena Request the legal department for Credit One Bank states, Upon receipt of valid subpoena issued by U.S. District Court, a Federal Grand Jury, or written customer authorization, we will research our records for the information you are requesting.'
Assistant General Counsel for Wachovia Dealer Services Lucille Goins Dimmick at (909) 974-6114, responds to NCA's Deposition Subpoena Request with the following statement: 'I am Assistant General Counsel for Wachovia Dealer Services, Inc. (WDS) f/k/a WFS Financial Inc. You have served WDS with a subpoena for records on a consumer. As you know, California Code of Civil Procedure 695.010, et seq. provides various remedies for post-judgment collection. While California Code of Civil Procedure 708.120 allows you to examine third parties, the third party must have . . . possession or control of property in which the judgment debtor has an interest or in indebted to the judgment debtor . . . WDS does not have possession or control of a judgment debtor's property and will not respond to the subpoena.'
The two subpoena examples cited above are from companies that have the benefit to legal counsel. My concern lies with the average U.S. Citizen whose wallets aren't as big as Wachovia's or Credit One Bank's. Such as the senior citizen who is struggling to get by on their Social Security Checks. I heard on almost a daily basis while at NCA and I will testify if need be, that NCA has/had legal collectors that conveyed to such examples as the senior citizen, that the NCA subpoena, in which the senior citizen was in possession of, was in fact a court order. On a number of occasions, in front of the legal collection manager, Lisa Valos, I'd correct the legal collectors' malice intent, only to be rebuffed with a laugh by the legal collector in question.
Another issue that troubled me while at NCA was NCA'a blatant disregard for NCA's own legal representation, specifically those attorneys or law firms that represent NCA outside the state of California. I refer it to NCAs backdoor policy, in which NCA would collect money from debtors/defendants through the backdoor while NCAs local legal representation tried collecting the debts through the front door. Often debtors/defendants would receive a daily double dose of communications from both NCA's in-house collectors and from NCA's local legal representation regarding the same NCA debt, which is a form of harassment.
I recall an incident in Florida, where NCA's local legal representation had filed suit against and served NCA's Florida debtor/defendant the legal documents regarding the lawsuit against the Florida debtor/defendant. Without the aid of NCA's legal Florida representation NCA proceeded to negotiate a settlement to include attorney fees that had not been awarded by the courts of Florida. NCA ended up collecting more money then the balance of the debt. All of the settlement action took place behind the back of NCA's legal representation in Florida. The following month NCA no longer had legal representation in Florida and I can only speculate why? Without the legal representation in Florida the month prior, NCA would have never collected the settlement in question above. This was far from being an isolated incident between NCA and NCA's legal representation. Next to the high turnover rate with NCA's own in-house employees, the turnover rate with NCA's legal representation was a close second.
One can go to the FDCPA website and read FDCPA Sections
804. Acquisition of location information
805. Communication in connection with debt collection
806. Harassment or abuse
807. False or misleading representations
808. Unfair practice
809. Validation of debts
811. Legal actions by debt collectors
812. Furnishing certain deceptive forms
813. Civil liability
Just to name a few topics covered by the FDCPA on the FDCPA website. I encourage all parties concerned to once again go to the FDCPA website to view in detail what this all means.
To fully help all those reading to understand the NCA mentality, I am citing two incidents I personally was involved in while at NCA. Both incidents involve personal interaction with the leader of this unethical company Michael Stalbech.
The first example has an NCA debtor that resides in New Jersey, but works in New York, who happens to be from England, therefore, this debtor/defendant is English. Michael Stalbech is of German descent. This all comes into play in NCA's break room with a conversation that included Mr. Stalbech, Lisa Valos, and myself. The English debtor/defendant put a more than fair settlement, in my professional opinion, on the table. Mr. Stalbech refused the settlement then stated in the break room by implying that the English debtor/defendant was being typically stubborn and that all English are stubborn because if the English weren't stubborn they'd be speaking German. I made a comment about Chamberlain (check your history books), then left the break room with the impression that Mr. Stalbech has a Hitler complex.
Second example I'm citing involves a telephone conversation, in which I was having with a debtor/defendant. Lacking professional courtesy, Mr. Stalbech interrupts my conversation, and then proceeds to verbally scold me and then calls me weak, while I still have the debtor/defendant on the phone, and in front of all of my peers. This was an obvious display of Mr. Stalbechs' lack of professional integrity.
If one does research on NCA one will see NCA has been named a defendant itself on more than one occasion. In one such incident, I recall Lisa Valos telling her group (Legal 1) that NCA was being sued because NCA had been threatening lawsuit on a particular debtor/defendant for over three years (This is the most common practice at NCA). In this example, the debtor/defendant had been threatened with lawsuit for well over three years, so the defendant/debtor obtained an attorney to file suit against NCA. Lisa Valos with a laugh told Legal 1, that in response NCA filed suit that day or the day prior to Lisa Valos informing Legal 1 about this particular incident.
I highly encourage those with the means to subpoena all of NCA's records since NCA's inception to do so. Time and time again, the balances were off on a lot of the debt that NCA says debtors/defendants owe. I personally set up three credit card payments for NCA with a defendant/debtor for a ballpark figure of $10,000. As it turned out, the balance was off by more over $3,000. It's so bad that the collectors joke about the Cubs balances for debtor/defendant debts (Cubs is the computer system used by NCA). This is hardly a joking matter and shouldn't be taken lightly.
I was born to parents that were 15 & 16 at the time of my birth. I received a football scholarship out of high school. Then, I joined the army by serving honorably four years in the 82nd Airborne during the Clinton Administration. I received my paralegal certificate from the University of Nevada Las Vegas and just recently earned a certificate to teach English overseas in developing countries. I took my first job when I was 14 as a stock boy at Tower Records, so I've not only been paying taxes into a system for over 21 years; I also served my country protecting these same values I grew up honoring. There is nothing weak about me. I use my strength to help protect those who cannot protect themselves, as where; Mr. Stalbech uses deceptive legal tactics to take advantage of the less fortunate. To me, Mr Stalbech is the weak one and displays the lack of soul that is so prevalent in today's American infomercial society
In addition to all the above, I discovered other shady in-house business practices involving Lisa Valos. Due to all of this, I submitted my two week notice back in July and the following day NCA showed me the door without honoring my notice. I'm going on three months without a job or unemployment checks because I choose to stand up for what is morally right and I refuse to be bullied by weak individuals like Mr. Stalbech. It's in the face of almost certain defeat that David overcame Goliath because it's not the size of the dog in the fight; it's the size of the fight in the dog.
With that said I encourage all who stand for what's ethically and morally right to respond to my letter. Know that I intend to cooperate with any parties who want to pursue NCA by naming NCA as a defendant in anything related to wha's referenced above. Therefore, I will not only monitor Ripoff Report for responses, but I will solicit legal council to help rectify NCA's blatant violations.
Concerned U.S. Citizen