Stop Debt Collector HarassmentOwing a debt does not automatically subject you to pestering, threatening and other improper debt collector habits. Some debt collector 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 claim documents or send out daunting letters, appearing to come from an attorney or law office, mentioning that you will lose your cars and truck, incomes 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 pay for to pay your debt at this time no one ought to intimidate, threaten or harrass you or coerce you to offer individual or monetary information. 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 Guideline 10 and New York State Statute, General Service Law, Short Article 29-H, (the "State Statute") all prohibit threatening, daunting and harassing collection treatments. For example, the State Statute restricts a collection agent from (a) threatening to interact with your company prior to that agent getting a judgement versus you, (b) communicating with your household or home at such frequency or at such unusual hours as can fairly be anticipated to be abusive or harassing, or (c) imitating any judicial or legal process or seeming licensed, issued or authorized by the federal government or an attorney to collect a debt.
Likewise, if the collector sends you a letter demanding you pay without the reuired notification under the federal law regarding your privacy, your rights to contest the debt an dgiving you the suitable 30 days to react, then the debt collector is automatically liable to you for any damages plus 3 times the quantity of your damages. Each offense 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 abused or bugged by a collection agency. 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 or the District Attorney's workplace (subjecting the collection company to misdemeanor charges) and (b) demand a limiting action against the debt collector." If the collection company continues to abuse and harrass you, then proceed and file your grievances and charges.
This article is certainly not all inclusive and is planned only as a quick explanation of the legal problem provided. Not all cases are alike and it is strongly advised that you consult a lawyer ZFN ASSOCIATES 702-780-0429 if you have any concerns with respect to any legal matters.