Some collection companies go too far with exactly what I call "renegade collectors" they will consistently call you at your house and/or organisation, threaten to send out a marshall over to serve you with suit papers or send out intimidating letters, appearing to come from a lawyer or law company, specifying that you will lose your vehicle, salaries and other property if you do not pay your debt! Inappropriate collection treatments can frighten you into paying for costs that may 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 Customer Protection Law Policy 10 and New York State Statute, General Business Law, Post 29-H, (the "State Statute") all restrict threatening, bothering and intimidating collection procedures. The State Statute prohibits a collection representative from (a) threatening to communicate with your company prior to that representative obtaining a judgement versus you, (b) communicating with your household or household at such frequency or at such uncommon hours as can reasonably be expected to be violent or harassing, or (c) simulating any legal or judicial procedure or appearing to be authorized, released or approved by an attorney or the federal government to collect a debt.
If the collection representative sends you a letter demanding you pay without the reuired notification under the federal law concerning your privacy, your rights to dispute the debt an dgiving you the suitable 30 days to react, then the debt collector is automatically responsible to you for any damages plus 3 times the amount of your damages. Each offense of the State Statute is a separate misdemeanor offense. You can file accused of the State Attorney General or your County District Attorney as well as 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 bothered by a collection agency. Send your composed complaint, by licensed mail, return invoice, to the owner/president and consist of in your letter that you "believe that agency is breaking the Federal Fair Debt Collection Practices Act and other state and local laws which you will (a) file problems with the Attorney General or the District Attorney's office (subjecting the collection company to misdemeanor charges) and (b) demand a restraining action against the debt collection agency." If the collection company continues to abuse and harrass you, then proceed and file your complaints and charges.
This post is certainly not all inclusive and is meant just as a brief description of the legal issue presented. Not all cases are alike and it is highly suggested ZFN ASSOCIATES 702-780-0429 that you seek advice from an attorney if you have any concerns with respect to any legal matters.