Melissa Lyken | December 01, 2022
Summary: Are you being sued by NRC Collections? Find out who Nations Recovery Center is and how to win against them in court.
The recent global pandemic has left many people cash-strapped and prompted some states to prohibit creditors and debt collectors from engaging in specific debt collection actions, including filing lawsuits. However, the pandemic has since abated, and many states have resumed normal operations and lifted many of these bans.
This means that lenders are likely to demand payment for overdue debts, including by means of enlisting the help of debt collectors like the Nations Recovery Center, NRC. If you're a debtor, who has been sued in an unfair debt collection practice, listed below are the defenses you can use in court to beat the NRC collection agency.
Make the right defense the right way with SoloSuit.
NRC is a third-party collection agency based in Atlanta established in 1991 to provide debt collection services to the banking, retail, insurance, commercial, and medical service industries. The company uses many debt collection methods, including asset and income investigations, skip tracing, insurance follow-ups, and payment monitoring in compliance with:
If the NRC sues you for debt, there are several defenses you can use to challenge the lawsuit.
Many creditors transfer debts ‘as is' to the NRC collection agency. They rarely verify if the creditor provided the correct balances or credit any payments the debtor has made. Also, they may not provide documents showing the date you incurred the debt. If the agency can't give this information, the debtor can argue the case in their favor as these documents are crucial to verifying the actual amount owed.
The Fair Debt Collection Practices Act (FDCPA) protects consumers against aggressive debt collection practices. Unfortunately, the NRC is known for violating some of the FDCPA regulations. The Better Business Bureau, BBB, has responded to up to 61 complaints against the agency. Most of the complaints allege problems associated with debt collection and billing, while others involve civil litigation.
Knowing your rights under the FDCPA is critical to identifying when the NRC has violated federal law, which is an excellent defense in court. Listed below are more methods a debtor can consider when the collection agency violates FDCPA regulations:
Sue the debt collector in state court: In such a lawsuit, the debtor must prove that the agency violated FDCPA regulations. If successful, you're entitled to $1,000 in statutory damages or more if you've suffered harm due to the violations.
Sue the agency in a small claims court: This is a better option for consumers who don't have the time for a full-blown state court lawsuit or don't want to hire an attorney. A small claims court action allows individuals to argue their case without an attorney and ensures an expedited court process. The debtor fills out simple documentation to start the case, and hearings are held within two months of filing the claim. The only downside of filing a small claims court action is that the amount of damages is limited.
Report the violations to a government agency: The Federal Trade Commission, FTC, is tasked with overseeing debt collectors and ensuring that the FDCPA regulations aren't violated. The debtor can file an online complaint with the FTC highlighting any such violations. Similarly, the Consumer Financial Protection Bureau is another government agency consumers can use to report FDCPA violations.
Report state law violations to the state's attorney general: Aside from violating the FDCPA regulations, the agency may be breaking state laws. If so, the debtor should contact the state's attorney general to obtain guidance on possible actions. The attorney general may decide to prosecute on behalf of the state if it receives many complaints against the agency in question.
Respond to debt collection lawsuits in 15 minutes or less with SoloSuit.
To sue, the debt collector must have the paperwork outlining the agreement between the debtor and the original creditor. For example, if collecting credit card debt, the contract should be in the form of a cardmember agreement showing:
In many cases, NRC debt collectors don't have this paperwork and may never collect it from the original creditor. As a result, they use regular billing statements to pass off as cardmember agreements. These statements aren't adequate substitutes for a cardmember agreement or any other contractual agreements you entered with the original creditor. The debt collector will find it challenging to convince the court to accept these documents as evidence.
The statute of limitations is the period the debt collector or creditor has to file a legal claim. Once this time lapses, the law bars the creditor or debt collector from filing a lawsuit. The statute of limitations varies state by state.
Standing means a business. In this case, a debt collector has a legal interest in debt-collection lawsuits. The NRC must prove it legally owns your debt. This is because the debtor didn't enter a contract with the agency in question; the creditor did. It can only prove legal interest by showing that the creditor assigned the agency to collect debt on their behalf. If the agency can't provide this proof, the case won't hold.
Use SoloSuit to response to debt collectors fast.
If you don't owe a debt, this can be used as a defense in court. For example, you may have filed for bankruptcy, and some debts have been discharged. If the agency is still suing you for these debts, you can argue that you've filed for bankruptcy. Also, some debts may be legally invalid due to fraud, coercion from a contracting party, or corruption during negotiations.
With this information, you should have one or even multiple defenses that you can use to beat NRC in court. If you have the resources, It can also help if you consult a local attorney to determine and argue the most effective defenses to your lawsuit.
SoloSuit makes it easy to respond to a debt collection lawsuit.
How it works: SoloSuit is a step-by-step web-app that asks you all the necessary questions to complete your answer. Upon completion, you can either print the completed forms and mail in the hard copies to the courts or you can pay SoloSuit to file it for you and to have an attorney review the document.
"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
>>Read the NPR story on SoloSuit: A Student Solution To Give Utah Debtors A Fighting Chance
Here's a list of guides for other states.
Being sued by a different debt collector? We're making guides on how to beat each one.
Is your credit card company suing you? Learn how you can beat each one.
Going to Court for Credit Card Debt — Key Tips
How to Negotiate Credit Card Debts
How to Settle a Credit Card Debt Lawsuit — Ultimate Guide
Need more info on statutes of limitations? Read our 50-state guide.
Why do debt collectors block their phone numbers?
How long do debt collectors take to respond to debt validation letters?
What are the biggest debt collector companies in the US?
Is Zombie Debt Still a Problem in 2019?
If a car is repossessed, do I still owe the debt?
Is Portfolio Recovery Associates Legit?
Is There a Judgment Against Me Without my Knowledge?
Should I File Bankruptcy Before or After a Judgment?
What is a default judgment?— What do I do?
Summoned to Court for Medical Bills — What Do I Do?
What Happens If Someone Sues You and You Have No Money?
What Happens If You Never Answer Debt Collectors?
What Happens When a Debt Is Sold to a Collection Agency
What is a Stipulated Judgment?
What is the Deadline for a Defendant's Answer to Avoid a Default Judgment?
Can a Judgement Creditor Take my Car?
Can I Settle a Debt After Being Served?
Can You Appeal a Default Judgement?
Do I Need a Debt Collection Defense Attorney?
Do I Need a Payday Loans Lawyer?
Do student loans go away after 7 years? — Student Loan Debt Guide
Am I Responsible for My Spouse's Medical Debt?
Should I Marry Someone With Debt?
Can a Debt Collector Leave a Voicemail?
How Does Debt Assignment Work?
What Happens If a Defendant Does Not Pay a Judgment?
How Does Debt Assignment Work?
Can You Serve Someone with a Collections Lawsuit at Their Work?
How Many Times Can a Judgment be Renewed in Oklahoma?
Does Debt Consolidation Have Risks?
What Happens If You Avoid Getting Served Court Papers?
Does Student Debt Die With You?
Can Debt Collectors Call You at Work in Texas?
How Much Do You Have to Be in Debt to File for Chapter 7?
What Is the Statute of Limitations on Debt in Washington?
How Long Does a Judgment Last?
Can Private Disability Payments Be Garnished?
Can Debt Collectors Call From Local Numbers?
Does the Fair Credit Reporting Act Work in Florida?
The Truth: Should You Never Pay a Debt Collection Agency?
Should You Communicate with a Debt Collector in Writing or by Telephone?
Need help managing your finances? Check out these resources.
How to Make a Debt Validation Letter - The Ultimate Guide
How to Make a Motion to Compel Arbitration Without an Attorney
How to Stop Wage Garnishment — Everything You Need to Know
How to File an FDCPA Complaint Against Your Debt Collector (Ultimate Guide)
Defending Yourself in Court Against a Debt Collector
Tips on you can to file an FDCPA lawsuit against a debt collection agency
Advice on how to answer a summons for debt collection.
Effective strategies for how to get back on track after a debt lawsuit
New Hampshire Statute of Limitations on Debt
Sample Cease and Desist Letter Against Debt Collectors
The Ultimate Guide to Responding to a Debt Collection Lawsuit in Utah
West Virginia Statute of Limitations on Debt
What debt collectors cannot do — FDCPA explained
Defending Yourself in Court Against Debt Collector
Arkansas Statute of Limitations on Debt
You're Drowning in Debt — Here's How to Swim
Help! I'm Being Sued by My Debt Collector
How to Make a Motion to Vacate Judgment
How to Answer Summons for Debt Collection in Vermont
North Dakota Statute of Limitations on Debt
ClearPoint Debt Management Review
Indiana Statute of Limitations on Debt
Oregon Eviction Laws - What They Say
CuraDebt Debt Settlement Review
How to Write a Re-Aging Debt Letter
How to Appear in Court by Phone
How to Use the Doctrine of Unclean Hands
Debt Consolidation in Eugene, Oregon
Summoned to Court for Medical Bills? What to Do Next
How to Make a Debt Settlement Agreement
Received a 3-Day Eviction Notice? Here's What to Do
How to Answer a Lawsuit for Debt Collection
Tips for Leaving the Country With Unpaid Credit Card Debt
Kansas Statute of Limitations on Debt Collection
How to File in Small Claims Court in Iowa