Owing a debt does not instantly subject you to harassing, threatening and other inappropriate debt collection agency habits. Some debt collector go too far with exactly what I call "renegade collectors" they will consistently call you at your house and/or business, threaten to send a marshall over to serve you with lawsuit papers or send daunting letters, appearing to come from a lawyer or law practice, specifying that you will lose your automobile, 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 manage to pay your debt at this time nobody need to frighten, threaten or harrass you or persuade you to offer individual or monetary details. Improper collection treatments can frighten you into spending for expenses that might not even be your responsibility.You are safeguarded by the law from innapropriate collection procedures.
The Federal Fair Debt Collection Practices Act, the New York City City Customer Security Law Regulation 10 and New York State Statute, General Service Law, Short Article 29-H, (the "State Statute") all prohibit threatening, harassing and intimidating collection treatments. The State Statute forbids a collection representative from (a) threatening to interact with your employer prior to that agent getting a judgement versus you, (b) communicating with your family or family at such frequency or at such uncommon hours as can reasonably be expected to be violent or harassing, or (c) replicating any legal or judicial process or appearing to be licensed, provided or approved by the government or a lawyer to collect a debt.
Also, if the collector sends you a letter requiring you pay without the reuired notice under the federal law concerning your privacy, your rights to contest the debt an dgiving you the appropriate 1 Month to react, then the debt collector is automatically liable to you for any damages plus 3 times the quantity of your damages. Each violation of the State Statute is a different misdemeanor offense. You can file accused of the State Chief Law Officer or your County District Attorney and also 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 composed grievance, by ZFN and Associates Robocalls qualified 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 office (subjecting the collection business to misdemeanor charges) and (b) request a restraining action against the collection agency." If the collection business continues to abuse and harrass you, then go on and submit your complaints and charges.
This short article is definitely not all inclusive and is meant just as a short explanation of the legal problem presented. If you have any questions with regard to any legal matters, not all cases are alike and it is strongly suggested that you speak with an attorney.