NCA filed for a writ of garnishment in New Mexico after getting a judgment against me in CA. They served my old address in CA 2 years after I had left the state. They continued to use the old address after they knew my new address in New Mexico. They filed for the Writ of Garnishment 2 days before I was scheduled to move to TN. They were awarded the Writ and my employer was served. Once the dust had settled from the move and I got a chance to look at the paperwork, I found that they had gone after 75% of my pay. Federal and state law allow them to garnish a maximum of 25%. After learning that I had moved they went back to the court and filed for another writ to go after my bank account. They didn't freeze the accounts they took every penny out of them. This caused a large number of scheduled bill pays to bounce. The writ that they took to the bank was a modified version of the original. The funds that were in the accounts were from my paycheck and thus under state law were exempt (execpt for 25%). All of this took place while I have been living 2000 miles away. It wasn't they went to a Bank Of America and presented them with a now determined false Writ of Garnishment that they drained my accounts. I am in the process of contacting an attorney.
This company has a history of using illegal and unethical tactics to collect on their accounts. From what I have read here this is the norm for them, and the State of CA seems to allow them to get away with this type of activity. The states where they domesticate the original judgment apparently do not research the law, they take what the attorney tells them.
When I originally found out about the judgment (more than 2 years after the fact), I spoke with an attorney friend of mine and he told me that to file for a judgment in most states the company filing only has to say that mailed out paperwork, they do not have to show that the person actually received it. I never received any of the paperwork that they claim they sent. The court records show that 2 years after I had moved, and NCA knew this, they served my old address in CA. Someone at the house received the paperwork. I am in the process of getting an attorney here in TN to fight this whole mess.
NCA has more than doubled the original amount by filing these claims.
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