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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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