Some collection agencies go too far with exactly what I call "renegade collectors" they will consistently call you at your house and/or company, threaten to send a marshall over to serve you with lawsuit documents or send out daunting letters, appearing to come from an attorney or law firm, mentioning that you will lose your cars and truck, earnings and other residential or commercial property if you do not pay your debt! Inappropriate collection procedures can frighten you into paying for expenses that may not even be your responsibility.You are protected by the law from innapropriate collection treatments.
The Federal Fair Debt Collection Practices Act, the New York City City Consumer Protection Law Guideline 10 and New York State Statute, General Business Law, Post 29-H, (the "State Statute") all restrict threatening, frightening and pestering collection procedures. The State Statute forbids a collection agent from (a) threatening to interact with your company prior to that agent obtaining a judgement versus you, (b) communicating with your family or family at such frequency or at such unusual hours as can reasonably be anticipated to be abusive or harassing, or (c) imitating any judicial or legal process or appearing to be licensed, provided or approved by an attorney or the federal government to collect a debt.
If the collection agent sends you a letter requiring you pay without the reuired notice under the federal law regarding your privacy, your rights to contest the debt an dgiving 702-780-0429 you the appropriate 30 days to react, then the debt collector is automatically accountable to you for any damages plus three times the quantity of your damages. Each infraction of the State Statute is a different misdemeanor offense. You can submit charges with the State Chief Law Officer or your County District Attorney and also demand a restraining action versus the collection company to stop it from continuing abuse and harassment.
If you feel mistreated or bothered by a collection agency, call that agency and get the name and address of the owner/president. Send your composed complaint, by qualified mail, return receipt, to the owner/president and consist of in your letter that you "believe that agency is breaking the Federal Fair Debt Collection Practices Act and other state and local laws which you will (a) file complaints with the Attorney general of the United States or the District Attorney's office (subjecting the collection company to misdemeanor charges) and (b) demand a restraining action versus the collection agency." If the collection business continues to abuse and harrass you, then go ahead and submit your grievances and charges.
This short article is definitely not all inclusive and is intended just as a short explanation of the legal problem provided. If you have any questions with regard to any legal matters, not all cases are alike and it is strongly suggested that you consult an attorney.