Some collection agencies go too far with what I call "renegade collectors" they will repeatedly call you at your home and/or company, threaten to send a marshall over to serve you with claim documents or send out intimidating letters, appearing to come from a lawyer or law firm, mentioning that you will lose your automobile, earnings and other home if you do not pay your debt! Unsuitable collection procedures can frighten you into paying for costs that may not even be your responsibility.You are secured by the law from innapropriate collection treatments.
The Federal Fair Debt Collection Practices Act, the New York City Consumer Defense Law Guideline 10 and New York City State Statute, General Company Law, Article 29-H, (the "State Statute") all forbid threatening, intimidating and harassing collection procedures. The State Statute forbids a collection agent from (a) threatening to communicate with your company prior to that agent acquiring a judgement against you, (b) interacting with your family or family at such frequency or at such unusual hours as can fairly be expected to be abusive or harassing, or (c) imitating any legal or judicial process or appearing to be licensed, issued 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 notification under the federal law regarding your privacy, your rights to dispute the debt an dgiving you the suitable 30 days to respond, then the debt collector is instantly accountable to you for any damages plus three times the quantity of your damages. Each violation of the State Statute is a different misdemeanor offense. You can file charges with the State Attorney General or your County District Attorney and also demand a limiting action against 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 abused or pestered by a collection agency. Send your composed grievance, by qualified mail, return receipt, to the owner/president and consist of in your letter that you "think that agency is violating the Federal Fair Debt Collection Practices Act 702-780-0429 and other state and regional laws which you will (a) file complaints 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 debt collector." If the collection business continues to abuse and harrass you, then go on and submit your grievances and charges.
This short article is definitely not all inclusive and is meant just as a quick description of the legal concern presented. Not all cases are alike and it is highly advised that you consult a lawyer if you have any concerns with respect to any legal matters.