Some collection agencies go too far with 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 claim papers or send out frightening 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! Inappropriate 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 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, Short Article 29-H, (the "State Statute") all prohibit threatening, daunting and pestering collection treatments. The State Statute forbids a collection agent from (a) threatening to interact with your employer prior to that representative obtaining a judgement versus you, (b) communicating with your family or household at such frequency or at such uncommon hours as can reasonably be expected to be abusive or harassing, or (c) imitating any judicial or legal procedure or appearing to be authorized, released or authorized by a lawyer or the federal government to collect a debt.
If the collection representative sends you a letter demanding you pay without the reuired notification under the federal law regarding your confidentiality, your rights to contest the debt an dgiving you the proper 30 days to react, then the debt collector is instantly liable to you for any damages plus 3 times 702-780-0429 the amount of your damages. Each offense of the State Statute is a separate misdemeanor offense. You can submit accused of the State Attorney General Of The United States or your County District Attorney and also demand a limiting action against 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 abused or pestered by a collection agency. Send your written grievance, by qualified mail, return invoice, to the owner/president and include 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 grievances with the Attorney General or the District Attorney's workplace (subjecting the collection company to misdemeanor charges) and (b) request a limiting action against the debt collector." If the collection company continues to abuse and harrass you, then proceed and file your charges and grievances.
This article is certainly not all inclusive and is planned just as a quick explanation of the legal issue presented. Not all cases are alike and it is highly recommended that you consult an attorney if you have any questions with respect to any legal matters.