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