Debt collection harassment/debt defense
It is creditor’s right to claim repayment of a loan. However, the law forbids using inappropriate methods for debt collection (such as deception or harassment) regardless of the amount of money owed. Nevertheless, debt collection harassment accompanied by illegal and even abusive actions still takes place. If you are victim of debt collection abuse contact our lawyers in NYC.
There is a lot of ways a debt collector can harass you.
Some of them are:
- Hassling by the phone with frequent, early morning, late evening or night calls
- Swearing, profaning, calling names
- Threatening your good name and your belongings
- Physical intimidation
- Contacting you at your work
- Bluffing to bring a charge against you
- Informing third parties you are in debt and discussing it with them (with few exceptions)
- Concealing he or she is debt collector in order to gain more information from you
- Misinforming you or credit bureaus about the sum owed (interest amount and fine in particular)
All these and many others are actions and behaviors prohibited by FDCPA.
You should bring an action against your debt collection agency if it acts like this.
LAWS GOVERNING DEBT COLLECTION HARASSMENT
Debt collectors are required to communicate with debtors frankly and respectfully by FDCPA (short for Fair Debt Collections Practices Act). If debt collection agency violates FDCPA in any way, a consumer is entitled to file a charge against it. However, it can be done only within one year from the moment the violation took place.
Records of all the communications made with debt collectors should be kept, be it phone call records, online chats, documentation received via mail or e-mail, names of the people or even timestamps of phone calls. This will provide debtor with excellent defense and secure further compensation. If the case succeeds, lawyer’s fees might be repaid by collection agency or the court.
FDCPA is a federal law protecting consumers. Of course, some states have their own laws of this kind.
The NYC DCWP (short for Department of Consumer and Worker Protection) reports that debt collection harassment has become rampant.
You should turn to NYC Debt Collection Guide to learn more about local laws governing collection agencies’ behavior.
For example, payday loans are illegal in New York. Collection agency shouldn’t even attempt to collect on a payday loan. It’s also illegal for debt collectors to use fake (often called “spoofed”) phone numbers to conceal their identities to get you to answer the call. If it happens, call 311 or go to nyc.gov/dca.
Avoid companies that offer a credit card for repayment of an old debt that may have already expired, as this may renew it.
If you have got such issues in New York our debt collection lawyers will help.
WHAT TO DO WHEN FACING DEBT COLLECTOR HARASSMENT
Learn your rights.
Study FDCPA. What does it apply to? What is prohibited? Check out CFPB (short for Consumer Financial Protection Bureau) and FTC (short for Federal Trade Commission) websites. You will find plenty of information there.
Stay calm and record.
Most of the time, collection agencies work for percentage. The more you pay them, the more they make. If collectors harass you by the phone, remain tranquil. Listen and let them tell whatever they want to tell. Do not promise them anything you cannot do, do not lie or threaten them. This will not help you in any way. On the other hand, the more you let collectors shout, rant and threaten you, the more evidence you have, in case you decide to bring an action. Keep in mind that this will only work out if you record every phone call. Make notes with the name of the person calling you, their company and their number.
In most states, it is legal to record phone conversations without the consent of the other person. If your state is an exception, this might not only prove to be of no use, but even get you in trouble.
Also, keep all the documents you receive in mail.
The collector must validate or verify the debt upon your request or if you decide to dispute it.
Moreover, all the collection activities must be suspended until you were sent verification or until dispute is over.
This might win you some time, and also provide the collector with more opportunities to violate FDCPA. Does he try to collect more than he should? Does he contact you while debt dispute is still in process? Is he unable to tell original debt name and amount?
Tell the collector to stop.
You have the right to be left alone. Just request the creditor to stop contacting you.
While this is true, this might lead to some complications. The collector might just bring an action against you without warning. You might never receive action papers. In turn, this can lead to default judgement.
Or debt collector might simply sell the account.
In any case, there are many ways to stop debt harassment with the help of lawyers in NYC.
HOW WE CAN HELP
You have probably intended to have your debt repaid in time, but, as usual, unexpected obstacles got in the way.
Our attorney will help if you’ve become a victim of debt or any other collection agency’s harassment, or creditor’s agents try to make you pay money you don’t owe them (like if your identity has been stolen).
With our assistance, a reasonable settlement can be achieved and debt collection stopped.
Get in touch with our debt collection lawyers in NYC to get professional advice.
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