The Federal Fair Debt Collection Practices Act, the New York City City Consumer Defense Law Guideline 10 and New York State Statute, General Business Law, Post 29-H, (the "State Statute") all restrict threatening, harassing and frightening collection treatments. For example, the State Statute prohibits a collector from (a) threatening to interact with your employer prior to that representative acquiring a judgement against you, (b) interacting with your family or household at such frequency or at such uncommon hours as can reasonably be anticipated to be abusive or harassing, or (c) imitating any judicial or legal process or seeming licensed, issued or authorized by the government or a lawyer to gather a debt.
If the collection agent sends you a letter requiring you pay without the reuired notice under the federal law concerning your confidentiality, your rights to contest the debt an dgiving you the appropriate 30 days to react, then the debt collector is automatically accountable to you for any damages plus three times the quantity of your damages. ZFN Associates Each violation 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 versus the collection company to stop it from continuing abuse and harassment.
If you feel mistreated or bothered by a debt collector, call that agency and get the name and address of the owner/president. Send your written problem, by certified 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 local laws which 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 collection agency." Go ahead and submit your charges and problems if the collection company continues to abuse and harrass you.
This post is certainly not all inclusive and is meant just as a brief description of the legal concern presented. If you have any concerns with regard to any legal matters, not all cases are alike and it is strongly suggested that you consult an attorney.