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NES Collection Agency, summons, questions!!!

I am new here and I am very overwhelmed right now. The short story is that I contacted National Enterprise Systems (I called Bank of America first - the account had been sold to NES 3 days prior). I wanted to start paying on the B.O.A account so I called - of course it was pay up right now or lawsuit. Well, I couldn't do that, but I wanted to make payments. Now it is a week later and I've been talking every day to NES, and I can't come up with their settlement offer. (Original debt was $7200, up to $9300 with fees and charges before they sold it - NES was offering $5000 settlement). Tonight they told me that they would have to send it back to Bank of America tomorrow AND the D.A. office. I said, "does that mean I will get a summons in the mail" and he said yes, that THEY (already)got the summons along with the account (that they've only had for 10 days) and that I have a court date for 2 weeks from now.

Now, I know they use all sorts of scary tactics to get their money, but this all seems a bit fast. I only got their first written "bill" or statement 3 days ago. Don't I have 30 days to send a debt validation letter? (I'm not because I know I owe the debt, and I contacted B.O.A. and that's how I got NES phone number to call in the first place) How can they sue me before that?

Then, doesn't a summons come to me, and I have 20 or 30 days to file an answer??? How can they have a summons with a court date for two weeks when I've received nothing like that in the mail?

I want to pay this debt, but I can only make payments. In the bill I got from them a few days ago, there is a stub that I can send back with payment - should I go ahead and do that even though they said they wouldn't take partial payments? If they get a judgement, will I be able to make payments?

We have a house we are not living in, but trying to sell that we took out a second mortgage on back in April (to try and get our current house live-able). Well, I filed paperwork today on that mortgage to make sure that person got paid back in the event someone tried to take that house from us, but after the two mortgages are paid, there will probably only be a thousand dollars or so left from equity.

The house we are living in has a $60,000 mortgage that we owe $60,000 on. The house isn't even finished - my husband is a carpenter and we are trying to finish it over the next few years, so anyway, there is no equity in this house. When it is done, it'll probably have $15,000 or so, but not as it is right now. It doesn't even have a kitchen at all, or a bathroom sink! We don't ever plan on selling it - can they just wait until we have enough equity built up in it to take it from that? There isn't any way they can seize it is there?

So, also I am wondering what they can do to me besides garnish wages? I make $100 a week helping at a local preschool, and my husband is self employed (meaning who knows when or how much money we get...). Our trucks are 13 years old, and we still owe about $3000 each on them.

All I want to do is start paying this debt, that is why I called them, and it seems as though they want to punish me for calling and trying to do the right thing. Why would they go to court to just get payments (which NES told me the judge would not do - ???) if that is what I am offering now? I'm sorry to ramble on, but I feel like these people are draining the life out of me and I don't know what to do, especailly with this summons and "court date" in two weeks?!? Thanks for reading - I live in AR.




Unregistered

Sub: #1 Relax, two thing wrong with what they are saying. 1. The DA
Tue, 10/14/2008 - 21:47

Relax, two thing wrong with what they are saying.

1. The DA is not going to get anything because this is a civil matter and they don't care. They said this to sacare you.
2. If they are sending it back to BoA then they have no standing to do anything regarding this date.

NES has to send you a letter stating the amount owed, the original Creditor and that you have thirty days to dispute.

So you can contact BoA and ask if they sold the debt or if NES is acting on their behalf. Also tell them that NES said they are sending back to them. You might be able to get a settlement with payments with BoA.




NASCAR_Devil


Posts: 4668
Credits: 30821.544972777

Sub: #2 You stated that BOA claimed they sold the debt to NES. If that
Wed, 10/15/2008 - 04:05

You stated that BOA claimed they sold the debt to NES. If that is true, BOA is out of the picture and the claim that they would return it to BOA is false. Are you sure they sold it or assigned it to NES to collect? What state do you live in and when did you make the last payment?




Unregistered

Sub: #3 I live in AR. I have called BOA a few times trying to figure ou
Wed, 10/15/2008 - 05:11

I live in AR. I have called BOA a few times trying to figure out what happened. The first time a woman in the recovery department told me it had been assigned to NES and that BOA still owned the account, although they could do nothing to help me make payments to them anymore. A few days later, I called again and a different woman told me that account had been sold. I am going to call them back today and ask them if the procedure NES is threatening is possible (getting a summons when they - their "legal department" got the account).

The last payment I made to BOA was either December or Jan. We've just been unable to pay and we realized last week that we think we can start making payments, that's when I called them, they told me to call NES, and all heck breaks loose. NES had acquired the account on Oct. 4 and I call on Oct. 7 and it's time to sue?

I was thinking of sending them a payment along with that stub I got in the mail - even though they said they wouldn't accept payments, will that show that I truly do intend to pay it back? This account is acruing almost $300 interest and fees per month, and he laughed at my payment offer of $100 a month. I probably couln't do $300 a month for almost another year, at the least 6 months from now.

About the debt validation letter - I was thinking I didn't need to send one. I know NES is authorized to collect the debt - I got that straight from Bank of America, and the $9300 is the correct amount, and I know I owe the debt. Is there a different reason to send one of these letters?

Anyway, thank you guys for your replies, I will be checking back to read anything more anyone has to offer, or to answer any more questions.

NES is calling me today at 1 pm as a last follow up. I dread answering the phone, but I'm afraid if I don't that they really will do something. Ugh.....




anc526
Debt Samaritan
Posts: 192
Credits: 5209.6

Sub: #4 NES is a nightmare to deal with. Just type it in on the search e
Wed, 10/15/2008 - 06:37

NES is a nightmare to deal with. Just type it in on the search engine for this website. One of the posts are my own. Threatening to charge my husband with Theft of Services, threatening to sue if I don't give them $5000 this month. Really just bad people in general.

They violated just about every single fdcpa law there is while on the phone with me. I'm talking to lawyers to see about suing because it's just ridiculous. I offered a payment plan to them and got laughed at. But if I had $5,000 to send them I would be in this mess in the first place. I'd be caught up on all my bills.

NES can't sue you for not answering the phone today. If you need a day to collect yourself then take that day, do some research. Call a lawyer or two. Because telling you that you have a court date it two weeks and that they are suing you is against the FDCPA.

I know it's hard, trust me, I'm in the same boat, but try to relax. There are a lot of great people here who will help you figure this out!





m.lm1947
Posts: 154
Credits: 1425.75

Sub: #5 Are you dealing with a charged-off bank account or credit card w
Wed, 10/15/2008 - 08:12

Are you dealing with a charged-off bank account or credit card with Bank of America? This reason I ask is because I had a charged-off bank account with a different bank than Bank of America and the bank I was dealing with sent it to NES. This debt was included in my bankruptcy and NES was still trying to collect on it.




Unregistered

Sub: #6 It was a credit card with Bank of America. I have been reading
Wed, 10/15/2008 - 09:49

It was a credit card with Bank of America. I have been reading so much about NES over the past week, I don't know how big, reputable companies can even use a place like NES.

Does anyone know if they do get a judgement if we go to court - will the judge let me make payments? I have no wages to garnish, and both our houses (been trying to sell one for over 6 months....) do not have enough equity in them after mortgages are paid off... I guess I am just scared.
Thanks again for the advice. I will try to keep you posted on this.




anc526
Debt Samaritan
Posts: 192
Credits: 5209.6

Sub: #7 It is doubtful you will be going to court with NES. They are a c
Wed, 10/15/2008 - 13:34

It is doubtful you will be going to court with NES. They are a collection agency, not a law firm.

However if BoA does sue you, you can contact there lawyer before the court date and discuss an out of court settlement. I'm not saying they will agree, but you might be able to work something out.

I'm not sure what happens once you've gone to court because I've never been that far yet. But keep your head up. They can't squeeze blood from a stone, and like I learned today they can't send you to jail. There is no debtors prison.





Unregistered

Sub: #8 You need to send a DV letter regardless of what BoA says, becaus
Wed, 10/15/2008 - 14:16

You need to send a DV letter regardless of what BoA says, because NES needs to explain how they can be charging $300 a month is fees and interest. If they are the owner of the debt then they can only charge interest if it is allowed by your original contract with BoA and state law.

Don't worry about being sued That is a ways off.




spatterson_40
Debt Samaritan
Posts: 400
Credits: 5527.45

Sub: #9 Would sending a dv letter buy some time too. I am not sure but
Wed, 10/15/2008 - 14:19

Would sending a dv letter buy some time too. I am not sure but at least this would give you some time to settle your nerves and get some reprive.

"If you have knowledge, let others light their candles in it."
— Margaret Fuller

Nobody can make you feel inferior without your permission.
-Eleanor Roosevelt




Unregistered

Sub: #10 Yes sending a DV letter will slow things down if it is sent with
Wed, 10/15/2008 - 15:15

Yes sending a DV letter will slow things down if it is sent within 30 days of receipt of the first dunning letter. Which they will probably say they sent regardless of the facts. Since you contacted them at the first of the month sending them a DV now would be timely.

Always send it Certified mail.

There is some debate as to the need to send it return receipt since you can have the USPS e-mail you the receipt or track it on line. I personally think any of the three methods are equally fine and will be reconized as valid by the courts.




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