Some collection firms go too far with what I call "renegade collectors" they will consistently call you at your home and/or organisation, threaten to send a marshall over to serve you with claim papers or send out intimidating letters, appearing to come from a lawyer or law firm, specifying that you will lose your car, earnings and other property if you do not pay your debt! Improper collection procedures can daunt you into paying for costs that may not even be your responsibility.You are secured by the law from innapropriate collection procedures.
The Federal Fair Debt Collection Practices Act, the New York City City Consumer Defense Law Regulation 10 and New York City State Statute, General Business Law, Short Article 29-H, (the "State Statute") all forbid threatening, bothering and frightening collection procedures. The State Statute prohibits a collection agent from (a) threatening to interact with your company prior to that agent acquiring a judgement versus you, (b) interacting with your family or home at such frequency or at such uncommon hours as can fairly be expected to be abusive or harassing, or (c) replicating any judicial or legal process or appearing to be authorized, provided or authorized by an attorney or the federal government to gather a debt.
Also, if the collection agent sends you a letter demanding you pay without the reuired notification under the federal law concerning your confidentiality, your rights to dispute the debt an dgiving you the appropriate Thirty Days to react, then the debt collector is instantly 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 accused of the State Attorney General or your County District Attorney and also request a restraining action versus 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 grievance, by qualified mail, return invoice, to the owner/president and consist of in your letter that you "believe that agency is violating the Federal ZFN Associates Fair Debt Collection Practices Act and other state and local laws and that you will (a) file complaints with the Attorney general of the United States or the District Attorney's office (subjecting the collection company to misdemeanor charges) and (b) request a restraining action against the debt collection agency." Go ahead and file your charges and complaints if the collection company continues to abuse and harrass you.
This article is certainly not all inclusive and is intended only as a brief description of the legal concern provided. Not all cases are alike and it is highly advised that you seek advice from a lawyer if you have any concerns with respect to any legal matters.