Stopping Debt Collection Harassment in New York
How the New York debt collection laws protect you from harassment by creditors
The New York Fair Debt Collection Practices Act is the NY state law that prohibits debt collectors from harassing practices. Specifically the law states that no creditor or agent of the creditor shall:
- Simulate in any manner a law enforcement officer, or a representative of any governmental agency of the state of New York or any of its political subdivisions; or
- Knowingly collect, attempt to collect, or assert a right to any collection fee, attorney’s fee, court cost or expense unless such changes are justly due and legally chargeable against the debtor; or
- Disclose or threaten to disclose information affecting the debtor’s reputation for credit worthiness with knowledge or reason to know that the information is false; or
- Communicate or threaten to communicate the nature of a consumer claim to the debtor’s employer prior to obtaining final judgment against the debtor. The provisions of this subdivision shall not prohibit a principal creditor from communicating with the debtor’s employer to execute a wage assignment agreement if the debtor has consented to such an agreement; or
- Disclose or threaten to disclose information concerning the existence of a debt known to be disputed by the debtor without disclosing that fact; or
- Communicate with the debtor or any member of his family or household with such frequency or at such unusual hours or in such a manner as can reasonably be expected to abuse or harass the debtor; or
- Threaten any action which the principal creditor in the usual course of his business does not in fact take; or
- Claim, or attempt or threaten to enforce a right with knowledge or reason to know that the right does not exist; or
- Use a communication which simulates in any manner legal or judicial process or which gives the appearance of being authorized, issued or approved by a government, governmental agency, or attorney at law when it is not.
Federal law protects consumers as well
In addition to New York State, the Federal Trade Commission enforces similar federal laws, including the federal Fair Debt Collection Practices Act (FDCPA). This act prohibits creditors from using deceptive, abusive and unfair practices to collect money from you.
If debt collectors are harassing you by violating federal or NY debt collection laws, attorney Gregory Messer can stop them
If you live in the New York City area, contact the Law Office of Gregory Messer online or at 718-717-2368 to schedule a free initial consultation. Our office is located across the street from the U.S. District Bankruptcy Court in Brooklyn and is close to the Borough Hall and Court Street subway stations. We serve residents throughout Brooklyn, Bronx, Manhattan, Staten Island and Long Island.
To ensure every client receives the personal attention he or she deserves, we are an appointment-only law firm with flexible hours adjustable to fit your needs.