Some collection agencies go too far with what I call "renegade collectors" they will consistently call you at your house and/or organisation, threaten to send a marshall over to serve you with claim papers or send frightening letters, appearing to come from a lawyer or law firm, stating that you will lose your car, incomes and other residential or commercial property if you do not pay your debt! Unsuitable collection procedures can frighten you into paying for expenses that may not even be your responsibility.You are secured by the law from innapropriate collection treatments.
The Federal Fair Debt Collection Practices Act, the New York City Consumer Defense Law Policy 10 and New York State Statute, General Organisation Law, Short Article 29-H, (the "State Statute") all restrict threatening, daunting and harassing collection treatments. For example, the State Statute prohibits a collector from (a) threatening to interact with your company prior to that agent obtaining a judgement versus you, (b) communicating with your family or family at such frequency or at such unusual hours as can fairly be anticipated to be abusive or harassing, or (c) imitating any judicial or legal process or seeming authorized, issued or authorized by an attorney or the government to gather a debt.
If the collection representative sends you a letter demanding you pay without the reuired notification under the federal law regarding your confidentiality, your rights to challenge the debt an dgiving you the appropriate 30 days to react, then the debt collector is automatically responsible to you for any damages plus 3 times the amount of your damages. Each offense of the State Statute is a separate misdemeanor offense. You can submit accused of the State Chief Law Officer or your County District Attorney and also request a limiting action versus the collection company to stop it from continuing abuse and harassment.
If you feel mistreated or bothered by a debt collector, call that agency and get the name and address of the owner/president. Send your written complaint, by licensed mail, return invoice, to the owner/president and include in your letter that you "believe that agency is breaking the Federal Fair Debt Collection Practices Act and other state and regional laws and that you will (a) file complaints with the Attorney general of the United States or the District Attorney's workplace (subjecting the collection company ZFN Associates to misdemeanor charges) and (b) request a restraining action against the debt collector." If the collection company continues to abuse and harrass you, then go on and submit your charges and grievances.
This post is definitely not all inclusive and is intended only as a brief description of the legal concern presented. If you have any concerns with regard to any legal matters, not all cases are alike and it is highly advised that you seek advice from a lawyer.