The Federal Fair Debt Collection Practices Act, the New York City City Consumer Protection Law Guideline 10 and New York City State Statute, General Company Law, Article 29-H, (the "State Statute") all prohibit threatening, bugging and daunting collection treatments. The State Statute forbids a collection representative from (a) threatening to communicate with your company prior to that representative obtaining a judgement versus you, (b) communicating with your family or family at such frequency or at such unusual hours as can reasonably be anticipated to be abusive or harassing, or (c) imitating any judicial or legal process or appearing to be licensed, provided or approved by a lawyer 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 concerning your confidentiality, your rights to challenge the debt an dgiving you the suitable 30 days to react, then the debt collector is instantly liable to you for any damages plus 3 times the amount of your damages. Each offense of the State Statute is a different misdemeanor offense. You can file charges with the State Attorney General Of The United States 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 harassed by a debt collector, call that agency and get the name and address of the owner/president. Send your composed grievance, by certified mail, return invoice, to the owner/president and include in your letter that you "believe that agency is breaching the Federal Fair Debt Collection Practices Act and other state and local laws which you will (a) file grievances with the Chief law officer or the District Attorney's workplace (subjecting the collection company to misdemeanor charges) and (b) request a limiting action against the debt collector." If the collection company continues to ZFN and Associates abuse and harrass you, then proceed and file your charges and grievances.
This short article is certainly not all inclusive and is planned only as a quick explanation of the legal concern presented. If you have any questions with regard to any legal matters, not all cases are alike and it is strongly suggested that you seek advice from an attorney.
