Owing a debt does not automatically subject you to bothering, threatening and other improper debt collector behavior. Some debt collection agency go too far with what I call "renegade collectors" they will consistently call you at your house and/or organisation, threaten to send a marshall over to serve you with lawsuit papers or send daunting letters, appearing to come from a lawyer or law practice, mentioning that you will lose your cars and truck, wages and other property if you do not pay your debt! It does not matter that you failed to pay a debt or that you can not pay for to pay your debt at this time nobody need to frighten, threaten or harrass you or coerce you to give out personal or financial information. Inappropriate collection procedures can intimidate you into paying for costs that may not even be your responsibility.You are safeguarded 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, pestering and intimidating collection treatments. The State Statute prohibits a collection agent from (a) threatening to interact with your employer prior to that representative obtaining a judgement versus you, (b) communicating with your family or family at such frequency or at such uncommon hours as can fairly be expected to be abusive or harassing, or (c) replicating any judicial or legal procedure or appearing to be licensed, released or authorized by an attorney or the government to gather a debt.
If the collection representative sends you a letter demanding you pay without the reuired notice under the federal 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 3 times the quantity of your damages. Each infraction of the State Statute is a different misdemeanor offense. You can submit accused of the State Attorney General Of The United States or your County District Attorney as well as demand a restraining action against zfn processing the collection company to stop it from continuing abuse and harassment.
Call that agency and get the name and address of the owner/president if you feel mistreated or bothered by a collection agency. Send your written complaint, by certified mail, return invoice, to the owner/president and consist of in your letter that you "think that agency is breaking the Federal Fair Debt Collection Practices Act and other state and regional laws and that you will (a) file problems with the Chief law officer or the District Attorney's workplace (subjecting the collection business to misdemeanor charges) and (b) request a restraining action against the collection agency." Go ahead and file your charges and problems if the collection company continues to abuse and harrass you.
This short article is certainly not all inclusive and is intended just as a short explanation of the legal issue provided. Not all cases are alike and it is highly suggested that you speak with a lawyer if you have any questions with respect to any legal matters.