How to Beat NCEP LLC in Court
George Simons | December 01, 2022
Summary: If you've been sued for a debt by NCEP LLC, use SoloSuit to respond in just 15 minutes and win your lawsuit.
When a consumer is served with a summons that a suit has been filed against them by NCEP LLC the clock begins ticking for a response. Being named in a lawsuit for not paying a debt you may have incurred can be intimidating if not downright frightening. Because time is of the essence, it is critically important that a consumer who is being sued, develops the proper strategy to triumph in the impending legal battle.
Knowing all that you can about the company that filed the suit is step one. NCEP, LLC. is a debt buyer. Primarily in the charged off auto loan market. NCEP can and usually is aggressive in their pursuit of their purchased debt but a smart consumer can be equally persistent in order to be prepared.
The best thing you can do is to arm yourself with information about the debt as well as NCEP LLC. Using your rights to gather documentation and Information can be your strongest defense if you ever find yourself with summons in hand. We will detail some of the tactics utilized by NCEP LLC and how to put yourself in the best position to beat them in court.
Who is NCEP LLC?
NCEP, LLC. is a limited liability company in the state of Nevada. Established there in 2006, they are still an active Nevada LLC. The registered service NCEPaddress of this organization with the state of Nevada is 701 S. Carson Street, Suite 200, Carson City, Nevada 89701. The Better Business Bureau has multiple complaints about the tactics of this particular company and lists NCEP LLC phone number as 866-678-4153.
NCEP LLC collection agency is a debt buyer. The type of debt they generally buy is charged off auto loans. This is an important distinction. Because they purchase debt, they are not an original creditor. It is important to note that both the Secretary of State in Nevada and the Better Business Bureau have NCEP LLC identified with another corporate name of Credigy Receivables. Credigy is located in Norcross, Georgia.
Why is NCEP LLC suing you?
Without question, receiving persistent phone calls and written communications from a debt buyer or collection agency such as NCEP LLC can be frightening. It should be concerning if this is happening. You need to be diligent about your credit and financial standing. The most important thing to keep in mind is that you have rights if NCEP LLC decides to escalate an unpaid debt into a lawsuit.
Because NCEP LLC is primarily a debt buyer, their name may not be familiar to you. It would not be likely that you recall or have any details about dealing with NCEP. There is a strong likelihood that you won't remember them at all. NCEP LLC buys unpaid debts from creditors and other financial institutions. They pay a few cents for every dollar of charged off debt that they purchase. Then they begin collection attempts in order to get their profit. Imagine NCEP LLC buys your $1.00 debt for 20 cents. If they get that dollar from you, they made an incredible profit margin of 80%. Even if they settle for less than the full balance, they still are in line to make hefty and from their perspective, worthwhile profits.
You should also take note of the complaints filed against NCEP LLC with different state and federal regulatory agencies. Even complaints filed with the Better Business Bureau can be useful in gathering information in order to better understand NCEP LLC.
If you find yourself anywhere in their collection timeline, it is time to take action. Receiving harassing calls or written communications? Served with a lawsuit for an unpaid debt? Be aware that consumers who take on a company like NCEP LLC without legal representation fare worse than consumers who take action and find and receive proper legal guidance.
Lawsuit Preparation
After exhausting collection efforts, a creditor or collection agency (or debt buyer) working on behalf of the creditor files the formal Complaint with the courts with the allegation that you have defaulted on money owed to them. In addition to the amount allegedly owed, expenses such as interest, late fees, attorney costs and court and filing fees are added to the Complaint.
Once NCEP LLC files the lawsuit, a service processor will attempt to serve you with the summons to appear in court. After receiving the Complaint, time is of the essence and the most important priority becomes your response or “Answer” to the filed Complaint.
Ignoring the Complaint after being served can prove to be detrimental. Why? Because if you neglect to respond to the lawsuit, the most likely outcome is that NCEP LLC will file a motion requesting a default judgment. If the court grants the default judgment, NCEP LLC has the ability, granted by this default judgment, to take the following actions against you:
- Place a lien on your personal property;
- Freeze your bank account; and
- Garnish your wages.
Do not let this happen to you. Take action and respond to the Complaint.
Affirmative Defense to fight NCEP LLC
The answers to a received Complaint referred to above are known as Affirmative Defense. In any lawsuit, an allegation is made and as the one being sued, you have every right to answer each allegation made by NCEP LLC.
Look at it this way, you have an opportunity to point out any Inconsistencies or shortcomings in their lawsuit. As the side that initiates the lawsuit, thereby making allegations, the burden of proof falls on NCEP LLC to show that you are responsible for the unpaid debt and that the amount listed on the suit is correct. Since the burden of proof belongs to them, you must demand that NCEP LLC produce this proof (e.g., documents) that show:
- You are the person who is responsible for the alleged debt;
- NCEP LLC has the right to take legal action against you; and
- You owe the specific amount listed in the Complaint
Requesting evidence to establish these basic facts is important because it is not uncommon for these large debt collection companies to sue the wrong person or file their complaint beyond the statute of limitations.
What is SoloSuit?
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.
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
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