Owing a debt does not automatically subject you to bugging, threatening and other improper debt collector habits. Some debt collector go too far with exactly what I call "renegade collectors" they will repeatedly call you at your home and/or business, threaten to send a marshall over to serve you with claim 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! It does not matter that you failed to pay a debt or that you can not afford to pay your debt at this time no one need to frighten, threaten or harrass you or persuade you to provide financial or individual info. Unsuitable collection procedures can intimidate you into paying for expenses that might 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 City Consumer Protection Law Guideline 10 and New York State Statute, General Business Law, Post 29-H, (the "State Statute") all restrict threatening, bothering and intimidating collection procedures. The State Statute prohibits a collection representative from (a) threatening to communicate with your company prior to that 702-780-0429 agent getting a judgement versus you, (b) communicating with your household or home at such frequency or at such uncommon hours as can fairly be expected to be violent or harassing, or (c) mimicing any judicial or legal process or appearing to be licensed, provided or approved by a lawyer 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 immediately liable to you for any damages plus 3 times the amount of your damages. Each violation of the State Statute is a different misdemeanor offense. You can file accused of the State Attorney General Of The United States or your County District Attorney as well as request a limiting action against the collection business to stop it from continuing abuse and harassment.
If you feel mistreated or bothered by a debt collection agency, call that agency and get the name and address of the owner/president. Send your written problem, by certified mail, return invoice, to the owner/president and include in your letter that you "think that agency is violating the Federal Fair Debt Collection Practices Act and other state and local laws which you will (a) file complaints with the Chief law officer or the District Attorney's workplace (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 proceed and file your complaints and charges.
This post is certainly not all inclusive and is meant just as a brief explanation of the legal concern presented. Not all cases are alike and it is highly recommended that you speak with a lawyer if you have any questions with respect to any legal matters.