Owing a debt does not automatically subject you to bothering, threatening and other unsuitable debt collector habits. 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 suit papers or send daunting letters, appearing to come from a lawyer or law practice, specifying that you will lose your automobile, earnings and other home if you do not pay your debt! It does not matter that you cannot pay a debt or that you can not manage to pay your debt at this time nobody need to frighten, threaten or harrass you or persuade you to offer individual or monetary info. Unsuitable collection treatments can frighten you into spending 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 Consumer Protection Law Regulation 10 and New York City State Statute, General Organisation Law, Post 29-H, (the "State Statute") all restrict threatening, intimidating and harassing collection treatments. For example, the State Statute restricts a collection agent from (a) threatening to communicate with your employer prior to that representative getting 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) mimicing any legal or judicial process or seeming licensed, provided or approved by an attorney or the government to gather a debt.
Likewise, if the collection agent sends you a letter demanding you pay without the reuired notification under the federal law regarding your confidentiality, your rights to challenge the debt an dgiving you the proper Thirty Days to respond, then the debt collector is instantly liable to you for any damages plus three times the amount of your damages. Each violation of the State Statute is a different misdemeanor offense. You can file charges with the State Chief Law Officer 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 harassed by a debt collector, 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 "think that agency is violating the Federal Fair Debt Collection Practices Act and other state and regional laws and that you will (a) file problems with the Attorney general of the United States or the District Attorney's workplace (subjecting the collection company to misdemeanor charges) and (b) demand a restraining action versus the debt collection agency." Go ahead and submit your charges and grievances if the collection business continues to abuse and harrass you.
This short article is definitely not all inclusive and is meant just as a short description of the legal issue provided. If you have any concerns with respect to any legal matters, not all cases are zfn processing alike and it is highly recommended that you seek advice from an attorney.