Owing a debt does not automatically subject you to harassment, threats, or other inappropriate behavior from the collection agency. Some collection agencies go too far with what I call “rogue collectors”: they will call you repeatedly at your home and/or business, threaten to send a bailiff to serve you claim papers, or send you threatening letters that appear come from a lawyer. or law firm, claiming that you will lose your car, wages, and other property if you don’t pay your debt. It does not matter that he did not pay a debt or that he cannot pay his debt at this time, no one should intimidate him, threaten him, harass him or force him to give personal or financial information. Improper collection procedures can intimidate you into paying costs that may not even be your responsibility.
The Federal Fair Debt Collection Practices Act, Regulation 10 of the New York City Consumer Protection Law, and New York State Statute, General Business Law, Article 29-H, (the “Statute of the State”) prohibit threatening, harassing, and intimidating collection procedures. For example, State Statute prohibits a collection agent from (a) threatening to contact your employer before that agent obtains a judgment against you, (b) contacting your family or household as often or in the unusual hours that could reasonably be expected to be abusive or harassing, or (c) simulate any legal or judicial process or appear 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 that you pay without the notice required by federal law regarding your confidentiality, your rights to dispute the debt, and giving you an appropriate 30 days to respond, then the debt collector is automatically accountable to you. for any damage plus three times the amount of his damages. Each State Statute violation is a separate misdemeanor. You can file charges with your State Attorney General or District Attorney for your County and also request a restraining action against the collection company to prevent further abuse and harassment.
If you feel abused or harassed by a collection agency, call that agency and get the name and address of the owner/president. Send your complaint in writing, by certified mail, return receipt requested, to the owner/president and include in your letter that you “believe the agency is violating the federal Fair Debt Collection Practices Act and other state and local laws and that you (a) file complaints with the Attorney General or the District Attorney’s office (subjecting the collection company to misdemeanor charges) and (b) request restraining action against the collection agency.” If the collection company continues to abuse and harass you, go ahead and file your charges and complaints.
This article is certainly not all inclusive and is only meant to be a brief explanation of the legal issue presented. Not all cases are the same and it is strongly recommended that you consult an attorney if you have any questions regarding any legal matter.
Any questions and/or comments regarding this topic or any other topic, contact:
Law Offices of Susan Chana Lask
853 Broadway, Suite 1516
New York, NY 10003
(212) 358-5762
Susan Chana Lask, Esq. c 2004
