Owing a debt doesn’t automatically subject you to harassing, threatening and other inappropriate collection agency behavior. Some collection agencies go too far with what I call”renegade collectors” they will repeatedly call you at your house or business, threaten to send a marshall over to serve you with lawsuit papers or send intimidating letters, appearing to come from a lawyer or law firm, stating that you will lose your car, wages and other property should you not pay your debt! It doesn’t matter that you failed to pay a debt or that you can’t afford to pay your debt at this time no one should intimidate, threaten or harrass you or coerce you to give out personal or financial details. Inappropriate collection procedures can intimidate you into paying for costs that may not even be your responsibility.You are protected by the law from innapropriate collection procedures.
The Federal Fair Debt Collection Practices Act, the New York City Consumer Protection Law Regulation 10 and New York State Statute, General Business Law, Article 29-H, (the”State Statute”) all prohibit threatening, harassing and intimidating collection processes. As an example, the State Statute prohibits a collection representative from (a) threatening to speak with your employer before that broker obtaining a judgement against you, (b) communicating with your family or family at such frequency or at such unusual hours as can reasonably be anticipated to become abusive or harassing, or (c) simulating any judicial or legal process or appearing to be authorized, issued or approved by the government or an attorney to collect a debt.
Additionally, if the collection agent sends you a letter demanding you pay with no reuired notice under the national law regarding your confidentiality, your rights to dispute the debt an dgiving you the appropriate 30 days to respond, then the debt collector is automatically liable to you for any damages plus three times the quantity of your damages. Each violation of the State Statute is another misdemeanor offense. You may file charges with the State Attorney General or your County District Attorney and request a restraining action against the group company to prevent it from continuing harassment and abuse.
If you are feeling abused or harassed by a collection agency, call that service and find the name and address of the owner/president. Send your written complaint, by certified mail, return receipt, to the owner/president and include in your letter that you”believe that agency is violating the Federal Fair Debt Collection Practices Act and other state and local laws and that you will (a) file complaints with the Attorney General or the District Attorney’s office (subjecting the group organization to misdemeanor charges) and (b) request a restraining action against the collection agency.” If the collection company continues to abuse and harrass you, then go ahead and file your complaints and charges.
This guide is certainly not all inclusive and is intended only as a brief explanation of the legal issue presented. Not all cases are alike and it is strongly suggested that you consult a lawyer if you have any queries regarding any legal issues.