Some collection companies go too far with what I call "renegade collectors" they will repeatedly call you at your home and/or organisation, threaten to send out a marshall over to serve you with suit papers or send intimidating letters, appearing to come from a lawyer or law company, specifying that you will lose your vehicle, salaries and other property if you do not pay your debt! Improper collection treatments can daunt you into paying for costs that may 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 Guideline 10 and New York City State Statute, General Company Law, Article 29-H, (the "State Statute") all forbid threatening, bugging and daunting collection treatments. For example, the State Statute restricts a collection agent from (a) threatening to interact with your company prior to that agent 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 violent or harassing, or (c) mimicing any legal or judicial procedure or appearing to be authorized, released or authorized by the government or a lawyer to gather a debt.
If the collection agent sends you a letter requiring you pay without the reuired notification under the federal law regarding your privacy, your rights to contest the debt an dgiving you the proper 30 days to respond, then the debt collector is immediately liable to you zfn processing for any damages plus 3 times the amount of your damages. Each offense of the State Statute is a different misdemeanor offense. You can file accused of the State Attorney General 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 abused or harassed by a debt collector, call that agency and get the name and address of the owner/president. Send your written problem, by licensed 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 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 collection agency." Go ahead and file your charges and grievances if the collection company continues to abuse and harrass you.
This short article is definitely not all inclusive and is intended just as a brief description of the legal issue presented. If you have any concerns with regard to any legal matters, not all cases are alike and it is strongly advised that you consult a lawyer.