Some collection firms go too far with what I call "renegade collectors" they will repeatedly call you at your house and/or organisation, threaten to send out a marshall over to serve you with lawsuit papers or send out daunting letters, appearing to come from an attorney or law firm, mentioning that you will lose your automobile, salaries and other property if you do not pay your debt! Improper collection treatments can intimidate you into paying for costs that might not even be your responsibility.You are safeguarded by the law from innapropriate collection procedures.
The Federal Fair Debt Collection Practices Act, the New York City City Customer Defense Law Guideline 10 and New York State Statute, General Business Law, Post 29-H, (the "State Statute") all restrict threatening, bothering and intimidating 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 against you, (b) interacting with your household or household at such frequency or at such uncommon hours as can fairly be expected to be violent or harassing, or (c) replicating any legal or judicial procedure or appearing to be authorized, provided or approved by an attorney or the federal government to collect a debt.
Likewise, if the collection agent sends you a letter demanding you pay without the reuired notification under the federal law concerning your confidentiality, your rights to contest the debt an dgiving you the proper Thirty Days to react, then the debt collector is instantly liable to you for any damages plus three times the quantity of your damages. Each violation of the State Statute is a separate misdemeanor offense. You can submit charges with the State Chief Law Officer or your County District Attorney and also demand a restraining 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 bugged by a collection agency. Send your written grievance, by certified 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 and that you will (a) file complaints with the Chief law officer or the District Attorney's office (subjecting the collection business to misdemeanor charges) and (b) request a restraining action against the debt collector." If the collection company continues to abuse and harrass you, then go on and submit your charges and complaints.
This short article is definitely not all inclusive and is planned only as a brief explanation of the legal concern provided. Not all cases are alike and it is strongly recommended that you speak with a lawyer if you have any concerns with respect to any legal ZFN and Associates Robocalls matters.