The Federal Fair Debt Collection Practices Act, the New York City Consumer Defense Law Policy 10 and New York State Statute, General Organisation Law, Short Article 29-H, (the "State Statute") all prohibit threatening, harassing and frightening collection treatments. The State Statute prohibits a collection representative from (a) threatening to interact with your employer prior to that representative obtaining a judgement versus you, (b) communicating with your household or household at such frequency or at such uncommon hours as can reasonably be anticipated to be abusive or harassing, or (c) simulating any judicial or legal process or appearing to be licensed, issued or authorized by the federal government or an attorney to gather a debt.
Also, 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 appropriate 1 Month to respond, 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 Attorney General or your County District Attorney and also demand a restraining action versus the collection business to stop it from continuing abuse and harassment.
If you feel mistreated or harassed by a debt collection agency, call that agency and get the name and address of the owner/president. Send your composed complaint, by zfn and associates reviews 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 which you will (a) file grievances with the Chief law officer or the District Attorney's workplace (subjecting the collection company to misdemeanor charges) and (b) demand a restraining action versus the debt collection agency." If the collection business continues to abuse and harrass you, then proceed and file your grievances and charges.
This short article is definitely not all inclusive and is intended only as a brief explanation of the legal concern provided. Not all cases are alike and it is highly recommended that you speak with a lawyer if you have any questions with respect to any legal matters.
