| Owing a debt does not automatically subject you to | | | | debt an dgiving you the appropriate 30 days to |
| harrassing, threatening and other inappropriate | | | | respond, then the debt collector is automatically liable to |
| collection agency behavior. Some collection agencies | | | | you for any damages plus three times the amount of |
| go too far with what I call "renegade collectors" they | | | | your damages. Each violation of the State Statute is a |
| will repeatedly call you at your home and/or business, | | | | seperate misdemeanor offense. You can file charges |
| threaten to send a marshall over to serve you with | | | | with the State Attorney General or your County |
| lawsuit papers or send intimidating letters, appearing to | | | | District Attorney and also request a restraining action |
| come from an attorney or law firm, stating that you will | | | | against the collection company to stop it from |
| lose your car, wages and other property if you do not | | | | continuing abuse and harrassment.If you feel abused or |
| pay your debt! It does not matter that you failed to | | | | harrassed by a collection agency, call that agency and |
| pay a debt or that you can not afford to pay your | | | | get the name and address of the owner/president. |
| debt at this time no one should intimidate, threaten or | | | | Send your written complaint, by certified mail, return |
| harrass you or coerce you to give out personal or | | | | receipt, to the owner/president and include in your |
| financial information. Inappropriate collection procedures | | | | letter that you "believe that agency is violating the |
| can intimidate you into paying for costs that may not | | | | Federal Fair Debt Collection Practices Act and other |
| even be your responsibility.You are protected by the | | | | state and local laws and that you will (a) file complaints |
| law from innapropriate collection procedures.The | | | | with the Attorney General or the District Attorney's |
| Federal Fair Debt Collection Practices Act, the New | | | | office (subjecting the collection company to |
| York City Consumer Protection Law Regulation 10 and | | | | misdemeanor charges) and (b) request a restraining |
| New York State Statute, General Business Law, | | | | action against the collection agency." If the collection |
| Article 29-H, (the "State Statute") all prohibit threatening, | | | | company continues to abuse and harrass you, then go |
| harrassing and intimidating collection procedures. For | | | | ahead and file your charges and complaints .This |
| instance, the State Statute prohibits a collection agent | | | | article is certainly not all inclusive and is intended only |
| from (a) threatening to communicate with your | | | | as a brief explanation of the legal issue presented. Not |
| employer prior to that agent obtaining a judgement | | | | all cases are alike and it is strongly recommended that |
| against you, (b) communicating with your family or | | | | you consult an attorney if you have any questions with |
| household at such frequency or at such unusual hours | | | | respect to any legal matters.Any questions and/or |
| as can reasonably be expected to be abusive or | | | | comments with respect to this topic or any other topic, |
| harrassing, or (c) simulating any legal or judicial process | | | | contact:Law Offices of Susan Chana Lask |
| or appearing to be authorized, issued or approved by | | | | 853 Broadway, Suite 1516 |
| the government or an attorney to collect a debt.Also, if | | | | New York, NY 10003 |
| the collection agent sends you a letter demanding you | | | | (212) 358-5762 |
| pay without the reuired notice under the federal law | | | | Susan Chana Lask, Esq. |
| regarding your confidentiality, your rights to dispute the | | | | |