Some collection firms go too far with exactly what I call "renegade collectors" they will consistently call you at your house and/or company, threaten to send a marshall over to serve you with lawsuit papers or send intimidating letters, appearing to come from a lawyer or law company, specifying that you will lose your car, incomes and other property if you do not pay your debt! Improper collection treatments can daunt you into paying for costs that might not even be your responsibility.You are secured by the law from innapropriate collection treatments.
The Federal Fair Debt Collection Practices Act, the New York City Consumer Protection Law Regulation 10 and New York City State Statute, General Service Law, Short Article 29-H, (the "State Statute") all prohibit threatening, intimidating and harassing collection treatments. The State Statute restricts a collection representative from (a) threatening to communicate with your company prior to that agent getting a judgement against you, (b) interacting with your family or family at such frequency or at such unusual hours as can reasonably be anticipated to be abusive or harassing, or (c) simulating any legal or judicial process or appearing to be licensed, issued or authorized by the government or a lawyer to collect a debt.
Likewise, if the collection agent sends you a letter requiring you pay without the reuired notification zfn and associates reviews under the federal law regarding your privacy, your rights to contest the debt an dgiving you the proper Thirty Days to react, then the debt collector is automatically liable to you for any damages plus 3 times the quantity of your damages. Each infraction of the State Statute is a different misdemeanor offense. You can submit charges with the State Attorney General or your County District Attorney as well as demand a restraining action versus the collection company 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 harassed by a collection agency. Send your written problem, by licensed mail, return invoice, 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 which you will (a) file grievances with the Chief law officer or the District Attorney's workplace (subjecting the collection business to misdemeanor charges) and (b) demand a restraining action versus the debt collector." If the collection company continues to abuse and harrass you, then go on and submit your charges and complaints.
This post is certainly not all inclusive and is meant just as a quick explanation of the legal problem provided. If you have any concerns with respect to any legal matters, not all cases are alike and it is strongly advised that you consult a lawyer.