NES collection agency is collecting for citibank. Should I pay them.

My husband got about 4 calls at work today from someone named Paul at NES collection agency. They were told each time that they couldn't contact him at work but they continued anyway. So my husband called me and gave me the number. I called them and they said they are a collection agency calling about my husbands citicard. He got this card before we got married. They say there is a $9,000 balance on it and that they are filing the subpoena tomorrow and that they are suppose to start asset discovery.

The guy I talked to said that if I set up a payment of $2,500 for the 17th and $2,500 for the 31st that it will stop the lawsuit and consider it paid off. He said that if for any reason the payment is returned they will continue with the lawsuit.

They said they are filing FOR citibank. Wouldn't citibank have their own attorneys and not use a collection agency to sue for them?

I didn't give him any information I told him I need to call and get my check info from my husband because I didn't have my check book at home. I'm not sure what to do. Should I believe them? Are they legit? The number they called from was:

1-800-925-6141

Any help would be great!

Well for starters. NES is a collection agency. They are not capable of filling suit. Only an attorney can file suit so he is blowing smoke up your rear end...plus violating fdcpa. Also the continued calling at your husbands employment after being told that he could not receive calls are other violations. I would be looking for an attorney.

I'm glad I didn't give him payment information then. He really did have me scared. He said I was being sued for Theft of Services.

What state are you in? When was the last time payment was made on the account? Have you ever received a letter from them?

The #1 scare tactic by debt collects is “You must pay xxx dollars by 5pm today or we sue”. Don’t let threats intimidate you!

Also- NEVER give your bank info over the phone to them. When you are ready to pay, pay via money order! Once they have your bank info, they WILL debit more then they should, or debit it earlier then they said they would.

NES collection agency = National Enterprise Systems. I believe this is there address. Double check that though, not 100% positive:
29125 Solon Road
Solon, Ohio 44139

What you want to do is send a DV letter. A free template can be found on this site. This is a letter asking them to validate the debt. They must prove to you that they the account owner, or are legally allowed to collect this debt. And, you need to make sure the statue of limitations have not run out yet. This is why you need to know the date of last payment, and what state you live in.

When you mail it, mail it certified return receipt so you have proof they received your letter. Once they receive it, they must cease collection efforts until they respond properly to your DV.

Sorry, I meant my husband being sued. Ugh, I'm stressed.

Rolls her eyes......theft is a criminal charge. Debt is civil. Sit down and document everything that has been said today. Get your husband to document all call times to time to day, and if anyone else took the calls. Find an attorney.

Is it expensive getting an attorney to deal with this?

It shouldn't be. Try to negotiate a flat rate for handling the matter for you. Call your local county bar association for an attorney referral - look for an attorney who handles consumer credit issues.

Also, read up on the Fair Debt Collection Practices Act. It sounds like the collection agency is violating this act, by threatening to levy on a bank account without a judgment. First thing, fax a "debt validation" request to the collection agency - write, "I dispute the validity of this debt. Please provide me with verification. Please stop calling me at work and at home. Only contact me in writing."

You can also look for an attorney at www.naca.net. Most attorney's that sue for fdcpa violations will get their fees from the defendant, if they win. So if you feel you had your rights violated under the FDCPA, then please do seek a consultation with an attorney.

The thing I noticed about his "threat" is the fact he's putting the cart before the horse. Sure he have may have you served with a subpoena tomorrow; however, he can't start "asset discovery" until after you've been sued in court and they have won the case. He's just trying to intimidate you with big scary words and threats.

Thanks for the advice. The guy called here today again demanding I set up a check by phone for $2,500 on the 17th and $2,500 on the 31st.

I tried calling citicards to see if I can pay them directly. They said that I can send them payments, but that they can't set up a formal payment plan or anything like that since its with a collection agency. I don't even know what to do at this point.

I'm scare that this company really is going to sue for $9,000 that we don't have and then try to take away our house, car, and my husbands trust fund.

Stay off the phone.....if you must answer the phone record the calls if you can! Find an attorney....it wont cost you a cent!!!

Thanks soaplady. I'm going to call around this afternoon to see what I can do about finding an attorney. The guy from NES collection agency has called here about 15 times after I talked to him this morning. Thank god for caller ID. He called my mother-in-law too and told her that we need to get in touch with him regarding a legal matter. So of course she calls here upset and crying. And to top it off today is the 4th anniversary of my father-in-laws death. So it's just a stellar day all around....

Take photographs of your caller ID. Also have your mother in law write out a written statement of when they called and what they said. Have her do it today. Then have her take her statement to her bank and get it notorized. Calling your mother in law is ANOTHER violtion. What state are you in???

I'm in Pennsylvania. I just got off the phone with the FTC complaint department and they gave me the phone number to a local consumer protection agency. So I'll be calling them too. I'm trying to find a good debt settlement or debt management company but everything seems bogus. I was excited about Credit Solutions until I read the posts on them. Luckily I hadn't signed up yet. I'm just looking for a way out of this mess. I want to pay everything back, but the original creditors won't work with me and the collection agencies want like $500 a month for each account. I can't afford that! One collection agency told me I should just starve without food so I could pay the bill!!

Wonders of wonders, as I'm typing this NES calls, its Mr. McElrath, I didn't answer so he left a message saying that he could settle for $4,000 not $5,000 if I can pay it off this month. That'd be nice if I had $4,000!!!

Have you sent them the DV yet? If not, get it out TODAY!

Don’t speak to them on the phone. They see that they are upsetting you; they are just going to continue calling because that is what these people do….harass, scare the _____ out of you, and upset you to the point so that you agree to pay.

OK, have you told Citicards how horribly this CA is violating the fdcpa? Calling your husband at work, after they were told not to. Calling your mother-in-law, even thought they have your correct contact information and there was no reason to call her, telling her it's a "legal matter." Calling 15 times a day, after you have already talked to him. Making the threat of "they are filing the subpoena tomorrow and that they are suppose to start asset discovery", trying to intimidate you.

I have heard, and please someone correct me if I'm wrong, that an OC can be held liable for the chicanery carried on by a CA they hire. At the very least, I would let Citicards know what kind of foolishness this company is resorting to and advise Citicards that you want to deal only with them. They should be able to recall the account from the CA.

Again, someone correct me if I'm mistaken about the OC being held accountable for a CA's illegal activity. I want to make sure I'm not giving out bad information.

I don't get these CA's demanding PIF?!? Sure, if I had the money to PIF, I would have already done so and I wouldn't have to be dealing with some asinine CA!

Don't they get that?