The Federal Fair Debt Collection Practices Act, the New York City Customer Security Law Policy 10 and New York State Statute, General Organisation Law, Short Article 29-H, (the "State Statute") all restrict threatening, daunting and bothering collection procedures. For example, the State Statute restricts a collection agent from (a) threatening to interact with your employer 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 expected to be abusive or harassing, or (c) imitating any judicial or legal process or seeming authorized, issued or authorized by a lawyer or the government to gather 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 proper Thirty Days to respond, then the debt collector is immediately liable to you for any damages plus three times the amount of your damages. Each infraction 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 as well as request a limiting action against the collection business 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 bothered by a collection agency. Send your composed grievance, by qualified mail, return receipt, 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 complaints with the Attorney general of the United States or the District Attorney's workplace (subjecting the collection company to misdemeanor charges) and (b) demand a restraining action versus the debt collector." If the collection company continues to abuse and harrass you, then proceed and file your complaints and charges.
This short article is definitely not all inclusive and is intended just as a quick explanation of the legal concern presented. Not all cases are alike and it is highly recommended that you speak with a lawyer ZFN Associates if you have any questions with respect to any legal matters.