by:
Susan Chana Lask, Esq.
Owing
a debt does not automatically subject you to harrassing, threatening
and other inappropriate collection agency behavior. Some collection
agencies go too far with what I call "renegade collectors"
they will repeatedly call you at your home and/or business,
threaten to send a marshall over to serve you with lawsuit
papers or send intimidating letters, appearing to come from
an attorney or law firm, stating that you will lose your car,
wages and other property if you do not pay your debt! It does
not matter that you failed to pay a debt or that you can not
afford to pay your debt at this time no one should intimidate,
threaten or harrass you or coerce you to give out personal
or financial information. Inappropriate collection procedures
can intimidate you into paying for costs that may not even
be your responsibility.You are protected by the law from innapropriate
collection procedures.
The
Federal Fair Debt Collection Practices Act, the New York City
Consumer Protection Law Regulation 10 and New York State Statute,
General Business Law, Article 29-H, (the "State Statute")
all prohibit threatening, harrassing and intimidating collection
procedures. For instance, the State Statute prohibits a collection
agent from (a) threatening to communicate with your employer
prior to that agent obtaining a judgement against you, (b)
communicating with your family or household at such frequency
or at such unusual hours as can reasonably be expected to
be abusive or harrassing, or (c) simulating any legal or judicial
process or appearing to be authorized, issued or approved
by the government or an attorney to collect a debt. Also,
if the collection agent sends you a letter demanding you pay
without the reuired notice under the federal law regarding
your confidentiality, your rights to dispute the debt an dgiving
you the appropriate 30 days to respond, then the debt collector
is automatically liable to you for any damages plus three
times the amount of your damages. Each violation of the State
Statute is a seperate misdemeanor offense. You can file charges
with the State Attorney General or your County District Attorney
and also request a restraining action against the collection
company to stop it from continuing abuse and harrassment.
If
you feel abused or harrassed by a collection agency, call
that agency and get the name and address of the owner/president.
Send your written complaint, by certified mail, return receipt,
to the owner/president and include in your letter that you
"believe that agency is violating the Federal Fair Debt Collection
Practices Act and other state and local laws and that you
will (a) file complaints with the Attorney General or the
District Attorney's office (subjecting the collection company
to misdemeanor charges) and (b) request a restraining action
against the collection agency." If the collection company
continues to abuse and harrass you, then go ahead and file
your charges and complaints .
This
article is certainly not all inclusive and is intended only
as a brief explanation of the legal issue presented. Not all
cases are alike and it is strongly recommended that you consult
an attorney if you have any questions with respect to any
legal matters.
Any
questions and/or comments with respect to this topic or any
other topic, contact:
http://www.appellate-brief.com
Law
Offices of Susan Chana Lask
853 Broadway, Suite 1516
New York, NY 10003
(212) 358-5762
Susan
Chana Lask, Esq. c 2004
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