Consumer complaint received 2020-12-18
Company: N.A.R., Inc.
State: UT
Product: Debt collection
Sub-product: I do not know
Issue: Took or threatened to take negative or legal action
Sub-issue: Seized or attempted to seize your property

Complaint:
This year in XX/XX/XXXX I received a letter by a constable stay a public auction and a writ of execution is to be held in ten days I contacted the court via email it stated : Im contacting you due to a letter I received by a company stating they have a writ of execution to come into the house that I stay at and take any and all items such as appliances, TVs, stereos and other electronics. They state that they had a default judgement for which I was never notified. I was never given a date to any hearing date. I am emailing because I have no other way to contact you and the amount they are claiming to be award is over {$1700.00} and claim continuous 17 % penalty is what they state. I need to contest this as I have never owed the company that is trying to execute a default judgement in such matter. Plus they are stating that they will auction off items at the home, when I dont own anything to begin with. I definitely have never been given a chance to here what they claim and I never notified of any hearing to present anything or question the debt. Im contacting you to request the judgement be dismissed since no court date was ever made by the requester. and I was never served with a court date to be party to such suit. 

I learned that a default judgment this year during the height of the pandemic against me without ever making initial contact and never gave me the opportunity to dispute the debt.They obtained the default on XX/XX/XXXX XXXXthey claim they served me on XX/XX/2020 the court on XX/XX/2020by XX/XX/XXXX XXXX had a default judgment than on XX/XX/XXXX they apparently got a writ of garnishment and made contact with my employer but I had no idea I was fired on XX/XX/XXXX of 2020 I believe its because of the debt collectors writ of garnishment. I filed for a motion to set aside default judgment that was denied and now they are going to exacted on a warrant to take items the debt collector had never contacted me and has violated the FDCPA laws by never notifying me who they are and giving me 30 days to dispute the debt which I would have as this debt is supposedly from a line of credit my credit union account the company is a for profit debt collector who has no vested interest let alone provided a forged document to obtain and file lawsuit. They never even contacted me and or read the mini Miranda. The company is NAR Inc North American recovery and attorney XXXX and XXXX here in Utah According to the credit union they and I are bound to arbitration clause and that they never sell, assign, or transfer accounts to third parties. Yet the debt collector obtained the default judgment they never provided anything to prove they had a right to sue but yet they were granted a default judgment when their was never a court date set for me to even be able to answer. Or obligating me to appear before a court. Now what happens since they are extorting me I dont know what to do? They need to be accountable for violating the FDCPA for not giving me thirty days to dispute the debt because their first contact was a law suit and if that counts as their initial contact they had obtained a default on the XXXX th day from their initial contact. People need to be aware that debt collectors who have never made contact can apparently sue you and obtain a judgment and you will get a paper that will not have a court date or a case number but courts say its valid

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with explanation