Owing a debt does not immediately subject you to harassing, threatening and other unsuitable debt collector behavior. Some debt collection agency go too far with exactly what I call "renegade collectors" they will repeatedly call you at your home and/or service, threaten to send out a marshall over to serve you with lawsuit papers or send out frightening letters, appearing to come from an attorney or law practice, specifying that you will lose your cars and truck, wages and other residential or commercial property 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 no one ought to daunt, threaten or harrass you or persuade you to offer personal or financial details. Inappropriate collection procedures can daunt you into spending for expenses that might not even be your responsibility.You are protected by the law from innapropriate collection procedures.
The Federal Fair Debt Collection Practices Act, the New York City City Customer Protection Law Regulation 10 and New York State Statute, General Company Law, Article 29-H, (the "State Statute") all restrict threatening, bothering and daunting collection treatments. For example, the State Statute forbids a collector from (a) threatening to interact with your company 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 reasonably be expected to be abusive or harassing, or (c) imitating any judicial or legal procedure or appearing to be authorized, issued or approved by an attorney or the government to collect a debt.
If the collection representative sends you a letter requiring you pay without the reuired notification under the federal law concerning your confidentiality, your rights to dispute the debt an dgiving you the appropriate 30 days to respond, then the debt collector is instantly accountable to you for any damages plus 3 times the amount of your damages. Each infraction of the State Statute is 702-780-0429 a separate misdemeanor offense. You can file charges with the State Attorney General or your County District Attorney as well as demand a limiting action against the collection company to stop it from continuing abuse and harassment.
If you feel abused or bugged by a debt collector, call that agency and get the name and address of the owner/president. Send your written problem, by licensed mail, return invoice, to the owner/president and include in your letter that you "believe that agency is breaching the Federal Fair Debt Collection Practices Act and other state and regional laws and that you will (a) file complaints with the Attorney General or the District Attorney's workplace (subjecting the collection business to misdemeanor charges) and (b) request a restraining action versus the debt collection agency." If the collection company continues to abuse and harrass you, then go ahead and submit your charges and grievances.
This article is definitely not all inclusive and is planned just as a short explanation of the legal concern provided. If you have any concerns with respect to any legal matters, not all cases are alike and it is strongly advised that you speak with a lawyer.