Can Debt Collectors Contact Me Any Time Or Any Place?
Under the fair debt collection practices act FDCPA, debt collectors can no longer call you at certain times and at certain places like your place of employment, and they are barred from using certain language and if they violate this law you can actually sue a third-party debt collector.
How Can A Debt Collector Contact Me?
They are able to contact you by phone or letter. Of course, if they contact you after you retain an attorney this is a violation and you can sue them for that contact.
How Can I Stop A Debt Collector From Contacting Me?
One of the easiest ways to prevent a debt collector from contacting you is to retain an attorney who puts the debt collector on notice that they represent you for that debt. After that point, it’s a violation for the debt collector to contact you directly without going through your attorney.
Can A Debt Collector Contact Anyone Else About My Debt?
Under the fair debt collection practices act, any third-party debt collector is prevented from discussing your debt with any third parties if this does occur, you’re able to sue the debt collector for violation of the act.
What Does The Debt Collector Have To Tell Me About The Debt?
You can ask for written verification of the debt the amount of the original contracts the billing information or invoices and they have to provide this verification within 30 days.
What If I Don’t Think I Owe The Debt?
If you don’t believe you owe the debt, for instance, it was a fraudulent credit card that was opened up you can go to the police and get a police report and show that police report to the creditor. If you believe you owe something but not the full amount that they are claiming you can ask for verification as to how they came up with the amount they claim you owe.
What Are Debt Collectors Not Allowed To Do?
Debt collectors are prevented from contacting third parties regarding your debt using certain offensive language calling you at certain hours of the day or night and contacting you at your place of employment among other things
What Should I Do If A Debt Collector Sues Me?
If you get sued by a debt collector or an original creditor it’s important to defend the lawsuit. I defend hundreds of creditor lawsuits a year and most of the time we can reach an amicable settlement.
Can A Debt Collector Take Money From My Paycheck?
In New York, if a creditor has a judgment against you and they know where you’re working, they can do what’s called a wage garnishment proceeding. This allows the judgment creditor to withhold 10% of your pay per pay period and that money would be applied to the judgment until the judgment is paid off.
What If My Debt Is Old?
If the debt is less than six years old in New York State a creditor or debt collector can start a lawsuit to try to collect on the debt. If the debt is more than six years old, they are past the statute of limitations in New York State.
What If I’m Not Sure Whether My Debt Is Time-Barred?
In New York State the statute of limitations for a contract action which is essentially a collection action is six years from the date of the defaulted debt.
Do I Have To Pay A Debt That’s Considered Time-Barred?
That’s a personal decision that every person can make on their own but there’s no legal obligation to pay a debt that is time-barred and pass the statue limitations.
What Should I Do If I’m Sued For A Time-Barred Debt?
In this case, the action can be defended and possibly dismissed.
Where Do I Report A Debt Collector For An Alleged Violation?
This is a federal action that you can commence in federal court and get damages for the violations of debt collectors in their collection activities.
What Else Can I Do If I Think A Debt Collector Has Broken The Law?
Other than filing a lawsuit against the creditor you can contact the Better Business Bureau the fair-trade commission possibly the attorney general of your state and they can guide you into what agencies are regulating the collection of debt in your area.
For more information on Dealing With Debt Collectors, an initial consultation is your best next step. Get the information and legal answers you’re seeking by calling (914) 230-0040 today.
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