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 car, earnings and other home if you do not pay your debt! Improper collection treatments can daunt you into paying for costs 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 Defense Law Policy 10 and New York State Statute, General Business Law, Post 29-H, (the "State Statute") all forbid threatening, pestering and intimidating collection treatments. For instance, the State Statute prohibits a collector from (a) threatening to communicate with your employer prior to that representative obtaining a judgement versus you, (b) interacting with your family or household at such frequency or at such uncommon hours as can fairly be expected to be violent or harassing, or (c) imitating any judicial or legal process or seeming licensed, issued or approved by an attorney or the federal government to collect a debt.
If the collection representative 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 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 separate 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.
Call that agency and get the name and address of the owner/president if you feel mistreated or bothered by a collection agency. 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 breaching the Federal Fair Debt Collection Practices Act and other state and local laws which you will (a) file grievances with the Chief law officer or the District Attorney's office (subjecting the collection company to misdemeanor charges) and (b) demand a restraining action versus the collection agency." Go ahead and submit your charges and complaints if the collection business continues to abuse and harrass you.
This article is definitely not all inclusive and is planned just as a quick explanation of the legal concern presented. Not all cases are alike ZFN & Associates and it is highly recommended that you speak with an attorney if you have any questions with respect to any legal matters.