The Federal Fair Debt Collection Practices Act, the New York City Consumer Protection Law Guideline 10 and New York City State Statute, General Company Law, Short Article 29-H, (the "State Statute") all restrict threatening, intimidating and harassing collection treatments. For example, the State Statute restricts a collection agent from (a) threatening to communicate with your employer prior to that representative getting a judgement versus you, (b) interacting with your family or household at such frequency or at such unusual hours as can fairly be anticipated to be abusive or harassing, or (c) mimicing any legal or judicial procedure or seeming licensed, provided or authorized by the government or a lawyer to gather a debt.
If the collection agent 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 proper 30 days to react, then the debt collector is immediately liable to you 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 Of The United States or your County District Attorney and also demand a restraining action against the collection company to stop it from continuing abuse and harassment.
If you feel mistreated or bugged by a debt collection agency, call that agency and get the name and address of the owner/president. Send your written problem, by licensed 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 Attorney General 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 problems if the collection company continues to abuse and harrass you.
This short article is certainly not all inclusive and is meant only as a short explanation of the legal problem presented. ZFN ASSOCIATES 702-780-0429 If you have any questions with respect to any legal matters, not all cases are alike and it is highly suggested that you seek advice from an attorney.
