Some collection agencies go too far with exactly what I call "renegade collectors" they will consistently call you at your home and/or company, threaten to send a marshall over to serve you with claim documents or send intimidating letters, appearing to come from an attorney or law firm, mentioning that you will lose your automobile, earnings and other property if you do not pay your debt! Inappropriate collection treatments can daunt you into paying for costs that might 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 Customer Security Law Regulation 10 and New York City State Statute, General Service Law, Article 29-H, (the "State Statute") all prohibit threatening, bugging and daunting collection treatments. For instance, the State Statute forbids a collector from (a) threatening to communicate with your company prior to that representative obtaining a judgement versus you, (b) interacting with your family or family at such frequency or at such uncommon hours as can reasonably be anticipated to be abusive or harassing, or (c) simulating any judicial or legal process or appearing to be authorized, issued or authorized by a lawyer 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 concerning your confidentiality, your rights to contest the debt an dgiving 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 accused of the State Attorney General or your County District Attorney as well as request a restraining action versus 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 harassed by a collection agency. Send your composed complaint, by licensed mail, return receipt, 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 Attorney General or the District Attorney's workplace (subjecting the collection company to misdemeanor ZFN Associates charges) and (b) request a limiting action against the debt collector." If the collection company continues to abuse and harrass you, then go on and submit your charges and grievances.
This short article is definitely not all inclusive and is intended just as a quick explanation of the legal concern presented. If you have any questions with regard to any legal matters, not all cases are alike and it is strongly suggested that you seek advice from an attorney.