Beat National Enterprise Systems in court
Chloe Meltzer | July 27, 2022
Summary: If National Enterprise Systems is suing you for a debt you owe, you can use SoloSuit to fight back.
National Enterprise Systems is a debt collection agency in the United States, mainly servicing the East Coast. When suing you for a debt, National Enterprise Systems will do everything in its power to ensure they collect that debt. Understanding who National Enterprise Systems is and your rights under the Fair Debt Collection Practices Act can help you beat National Enterprise Systems in court.
About National Enterprise Systems
Based in Ohio, National Enterprise Systems is a licensed debt collection agency in all 50 states. They work for different creditors in various industries, such as automotives, retail, financel, higher education, and telecommunications. National Enterprise Systems makes a profit from the money it recovers from consumers, which means it often charges late fees or adds extra charges to the original debt amount.
However, as a debt collection agency, National Enterprise Systems is required to abide by federal and state laws. Such laws include the Fair Debt Collection Practices Act (FDCPA), which is designed to protect consumers from threatening or malicious debt collectors. That being said, National Enterprise Systems is known for its aggressive tactics, which are often in violation of the FDCPA. It is important to understand this law to know if any of your consumer rights have been violated.
Understanding the FDCPA
The FDCPA forbids specific acts by debt collectors such as::
- Using or threatening to use physical force or criminal tactics due to not paying a debt.
- Intimidating debtors by accusing them of committing a crime due to not paying a debt.
- Making defamatory statements.
- Threatening to arrest you, seize assets, or garnish wages, unless explicitly allowed.
- Using obscene or profane language.
- Disclosing their identity as a debt collector.
- Misrepresenting themselves in a way that would push you to spend money that you may not otherwise spend.
- Calling you repeatedly or letting your phone ring repeatedly to annoy you.
- Harrassing you
If you believe that your rights have been violated, you can do something about it. Fight back against National Enterprise Systems.
What to do if you owe National Enterprise Systems
While National Enterprise Systems operates as an agent for many creditors, it also buys debt. Typically, National Enterprise Systems purchases these debts for very low amounts, even pennies to the dollar. Because of this, you can often settle your debt for less than you owe. You may not even be required to pay National Enterprise Systems if the debt doesn't belong to you, if you've already paid off the debt, or if the statute of limitations to collect on the debt has already expired. However, responding to the debt will help you beat National Enterprise System. You can respond by taking one of the following steps:
Validate your debt
When you are first contacted, you need to ensure that the debt belongs to you. After initial contact, you have only 30 days to validate the debt by sending a Debt Validation Letter.
Legally, a debt collector is required to validate a debt. Without proper validation, a debt cannot be legally collected.If you this you're being sued for an invalid debt, you can file a dispute with the Credit Reporting Agencies which will protect your credit report and stop the debt collection case in its tracks.
SoloSuit's Debt Validation Letter helps you take advantage of your situation.
See if the statute of limitations is valid
The statute of limitations is the period within which a debt collector can sue a debtor over unpaid debts. When the statute expires, the collector can no longer file a lawsuit, although the debtor remains liable for the debt. In some cases, the actual time period for the statute of limitations is difficult to pinpoint. Different states have different statutes and laws in place.
If you believe that the statute of limitations has expired for your debt, you need to confirm this, as you can appear in court and plead it as an affirmative defense.
Here's SoloSuit's guide to the statute of limitations in all 50 states.
Settle your debt
Since debt collection agencies often buy their debts for next to nothing, you can likely negotiate a settlement that is less than the amount they claim you owe. Just make sure to negotiate before they can enter a default judgment against you.
Watch SoloSuit settle one of our customers' debts for tips and tricks on negotiating your own settlement:
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Removing National Enterprise Systems From Your Credit Report
If you are unable to beat National Enterprise Systems in court, then you might as well attempt to remove them from your credit report. Remember, not paying a debt will typically stay on your credit report for seven years from the delinquency date. If you were to file bankruptcy, it would remain for ten years, and being served with a default judgment can remain for even longer.
What if I am being sued by National Enterprise Systems?
If you're sued by National Enterprise Systems, you need to respond by filing an Answer. Filing an Answer will protect your rights and save you from garnishment. In most states, you only have 14-30 days to file an Answer.
SoloSuit can help you file an Answer in all 50 states.
What is SoloSuit?
SoloSuit helps people fight debt collectors. We have everything you need to win. How it works: SoloSuit is a step-by-step web app that makes it easy to generate an Answer to a debt debt collection summons.
Respond with SoloSuit
"First time getting sued by a debt collector and I was searching all over YouTube and ran across SoloSuit, so I decided to buy their services with their attorney reviewed documentation which cost extra but it was well worth it! SoloSuit sent the documentation to the parties and to the court which saved me time from having to go to court and in a few weeks the case got dismissed!" – James
>>Read the FastCompany article: Debt Lawsuits Are Complicated: This Website Makes Them Simpler To Navigate
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