Stop Collection Agency Harassment

Owing a debt does not automatically subject you to pestering, threatening and other improper debt collector habits. Some debt collector go too far with exactly what I call "renegade collectors" they will consistently call you at your home and/or company, threaten to send a marshall over to serve you with lawsuit documents or send out daunting letters, appearing to come from an attorney or law practice, stating that you will lose your car, incomes and other home if you do not pay your debt! It does not matter that you cannot pay a debt or that you can not pay for to pay your debt at this time no one ought to frighten, threaten or harrass you or persuade you to provide financial or individual details. Unsuitable collection procedures can intimidate you into spending for expenses that might 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 Customer Security Law Policy 10 and New York State Statute, General Organisation Law, Short Article 29-H, (the "State Statute") all prohibit threatening, bugging and frightening collection treatments. The State Statute prohibits a collection representative from (a) threatening to communicate with your employer prior to that representative obtaining a judgement versus you, (b) communicating with your family or home at such frequency or at such unusual hours as can fairly be expected to be violent or harassing, or (c) replicating 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 regarding your privacy, your rights to dispute the debt an dgiving you the proper 30 days to respond, then the debt collector is instantly 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 submit charges with the State Chief Law Officer or your County District Attorney as well as request a limiting action against the collection business to stop it from continuing abuse and harassment.

If you feel abused or pestered by a collection agency, call that agency and get the name and address of the owner/president. Send your composed complaint, 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 office (subjecting the collection business to misdemeanor charges) and (b) request a limiting action versus the collection agency." If the collection business continues to abuse and harrass you, then go ahead and submit your charges and complaints.

This post is certainly not all inclusive and is meant just as a short description of the legal issue presented. If you have any concerns with respect to any legal matters, not all cases ZFN Associates are alike and it is strongly advised that you consult an attorney.