Because debt is not automatically subject to pursue, threaten and other agency charges of inappropriate behavior. Some collection agencies go too far with what I call "renegade collectors" repeatedly calling from your home and / or economic, is likely to send a marshal to serve well to demand documents or send letters of intimidation, claiming to be from a lawyer or the Law Society, which indicates that you lose your car, wages and other assets if you do not pay your debt! not matter that you failed to pay a debt or can not afford to pay the debt at this time no one should intimidate, threaten or harass you or force you to give personal or financial information. collection appropriate procedures can be intimidating to pay for the costs that might not be your only responsibility is protected by the law of improper collection procedures.
The Federal Council> Fair Debt Collection Practices Act, the City of New York Consumer Protection Regulation Law 10 and New York State Statute, General Business Law Article 29-H, (the "State Statute) prohibits all threats , harass and intimidating collection procedures. For example, the law prohibits a State from the collector (a) the threat of communicating with your employer before the agent to obtain a ruling against you, (b) communicationwith the purposes of the family or household or with sufficient frequency in unusual times, such as may reasonably be expected to be abusive or harass, or (c) simulate any court order or legal process appears to be authorized, issued or approved by government or an attorney to collect a debt.
On the other hand, if the collection agent sends you a letter asking to be paid without notice reuired under federal law with respect to privacy, the right to dispute the debt andgiving is the case for 30 days to respond, then the debt collector is automatically liable for damages plus three times the amount of compensation. Any violation of the Statute of the crime of state is a separate offense. You can file a complaint with the Attorney General or County Attorney and also request a restrictive action against the company's library to prevent abuse and harassment.
If you feel abused or harassed by a collection agency, called the agency and obtain the name and address of the owner or president. Send your complaint in writing, by registered letter with acknowledgment of receipt, the owner / president and include in the letter that "they believe the agency is violating the Federal Fair Debt Collection Practices Act and state and local laws and others that it is (a ) to submit complaints to the Attorney General or district attorney's office (subjectingrecovery companies> to misdemeanor charges) and (b) request a restrictive action against the collection agency. "If the collection company continues to abuse and annoy you, then go ahead and file objections and complaints.
This article is not exhaustive and is intended only as a brief explanation of the legal issue presented. Not all cases are equal and you should consult an attorney if you have questions aboutlegal issues.
Any questions or comments about this or any other matter, please contact:
Law Offices of Susan Chana Lask
853 Broadway, Suite 1516
New York, NY 10003
(212) 358-5762
Susan Chana Lask, Cav. c 2004
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