NCA Financial When Will They Leave Me Alone? ripoff Sacramento California

Federal law makes your Social Security benefits exempt from levy, garnishment, and assignment.
42 USC 407(a) states: "In general the right of any person to any future payment under this subchapter shall not be transferable or assignable . . . and none of the moneys paid or payable or rights existing under this subchapter shall be subject to execution, levy, attachment, garnishment, or other legal process, or to the operation of any bankruptcy or insolvency law."
This means that even if a creditor or a collection agency has a judgment against you, they cannot garnish your Social Security payments, nor can they take the money from you after it has been paid to you; for example, the portion of your bank account that is attributable to your social security benefits is exempt from levy or attachment

If your income is exempt from garnishment, then you may wish to put the collection agency on notice to that fact. You could provide this information to the collection agency in writing, keeping a copy of the letter. For example, if your only income is Social Security, which is exempt from garnishment by federal law, then you might write the following: My income consists only of Social Security, which is exempt from garnishment by federal law. You could also include this information with any of your other written correspondence to the agency, e.g., if you sent a cease communication letter. While this is not a defense to the underlying claim, it does provide the collection agency with knowledge that your only income is exempt from garnishment. If the collection agency successfully sues you and then garnishes your bank account containing exempt funds, then you may have a cause of action against the collection
agency

further ...

Tell them to validate by

. What the money you say I owe is for;
Explain and show me how you calculated what you say I owe;
Provide me with copies of any papers that show I agreed to pay what you say I owe;
Provide a verification or copy of any judgment if applicable;
Identify the original creditor;
Prove the Statute of Limitations has not expired on this account
Show me that you are licensed to collect in my state
Provide me with your license numbers and Registered Agent


1. NEVER talk to a collection agency on the phone. Period.
2. Keep good records. This can be the difference between a good and bad settlement. Don't expect them to remember you or what you agreed upon.
3. Send all correspondence via registered mail, receipt requested and put the registered mail number ON THE LETTER. DO NOT SIGN THE LETTER TYPE YOUR NAME
4. Keep a copy of every letter you send.
5. Penalties and extra interest are typically fictious amounts of money added on by the collection agency to pad their profits. Sometimes as much as to 50% of the debt or more claimed to be owed by a collection agency consisting of interest and fees. This is illegal, every state has usery laws (which dictate the maximum interests allowed to be charged. That is except North Dakota. There are no such laws which is why most credit card companies incorporate there.) Junk debt buyer pay anywhere from 1 cent to 7 cents on the dollar, there is no way there is this much interest.
6. Time is on your side. As time passes, the creditors will likely stop calling and the debt will be filed away for future attention or until the SOL runs out ..