local attorney nyc who handles fair debt collection practices

What are the laws governing debt collection in New York?

Consumer debt is a significant issue in the U.S. Debt collection practices and consumers protections are heavily regulated by law. At the federal level, consumer debt collection is primarily regulated by the Fair Debt Collection Practices Act; while in New York, the New York State Debt Collection Procedures Law applies.

How do I find a debt collection attorney in my area?

The Fair Debt Collection Practices Act (FDCPA) is a federal law enacted for the regulation of debt collectors and the protection of consumers. The FDCPA sets the ground rules for interactions between debt collectors and the parties they are seeking a debt from.

What is the Fair Debt Collection Practices Act (FDCPA)?

Law firms who regularly work on debt collection actions are also governed by the FDCPA. In addition, all debt collectors operating in New York, whether acting on behalf of a third party or on behalf of themselves, are required to follow New York State law (Article 29-H of the General Business Law) governing debt collection practices.

What is the FDCPA and what does an attorney do?

SmithMarco, P.C., is a private law firm with its focus on consumer rights. Since 2005, SmithMarco, P.C., has handled various consumer rights matters including fraudulent transactions, debt collector harassment protection, and credit report inaccuracy problems.

What are unfair collection practices?

Unfair practices are prohibited Deposit or threaten to deposit a postdated check before your intended payment date. Take or threaten to take property if it's not allowed. Collect more than you owe on a debt, which may include fees and interest.

How do you fight wrongful collections?

Here are a few suggestions that might work in your favor:Write a letter disputing the debt. You have 30 days after receiving a collection notice to dispute a debt in writing. ... Dispute the debt on your credit report. ... Lodge a complaint. ... Respond to a lawsuit. ... Hire an attorney.

Who enforces the Fair Debt Collection Practices Act?

The FTCThe FTC enforces the Fair Debt Collection Practices Act (“FDCPA”), which prohibits deceptive, unfair, and abusive debt collection practices.

Which would be legal under the Fair Debt Collection Practices Act?

The Fair Debt Collection Practices Act (FDCPA) is the main federal law that governs debt collection practices. The FDCPA prohibits debt collection companies from using abusive, unfair or deceptive practices to collect debts from you.Jan 30, 2017

What is a goodwill deletion?

The goodwill deletion request letter is based on the age-old principle that everyone makes mistakes. It is, simply put, the practice of admitting a mistake to a lender and asking them not to penalize you for it. Obviously, this usually works only with one-time, low-level items like 30-day late payments.Sep 12, 2015

What to say to dispute a collection?

The debt dispute letter should include your personal identifying information; verification of the amount of debt owed; the name of the creditor for the debt; and a request the debt not be reported to credit reporting agencies until the matter is resolved or have it removed from the report, if it already has been ...6 days ago

What constitutes a false and misleading debt collection practice?

(1) The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof. (2) The false representation of -- (A) the character, amount, or legal status of any debt; or.

How long can a debt collector legally pursue old debt?

six yearsIf you do not pay the debt at all, the law sets a limit on how long a debt collector can chase you. If you do not make any payment to your creditor for six years or acknowledge the debt in writing then the debt becomes 'statute barred'. This means that your creditors cannot legally pursue the debt through the courts.Dec 27, 2020

Which two of the following third parties may a debt collector contact about repayment of a debt?

Communicating with Third Parties The only third parties that a debt collector may contact when trying to collect a debt are: • The consumer. The consumer's attorney. A consumer reporting agency (if permitted by local law).

What legal rights do debt collectors have?

Debt collectors have no special legal powers. You may feel under pressure to pay more than you can afford, but don't feel threatened. Find out more about the difference between debt collectors and bailiffs. Debt collectors may work for your creditor, or they may work for a separate debt collection agency.

How do you get out of collections without paying?

Here are 4 ways to remove collections from your credit report, improve your score, and restore your borrowing power:Request a Goodwill Deletion.Dispute the Collection.Request Debt Validation.Negotiate a Pay-for-Delete.Sep 16, 2021

What should you not say to debt collectors?

3 Things You Should NEVER Say To A Debt CollectorNever Give Them Your Personal Information. A call from a debt collection agency will include a series of questions. ... Never Admit That The Debt Is Yours. Even if the debt is yours, don't admit that to the debt collector. ... Never Provide Bank Account Information.Sep 21, 2021

Sue The Debt Collector in State Court

The consumer may bring a lawsuit against the debt collector in state court. In the lawsuit, you must prove that the debt collector violated the FDC...

Sue The Creditor in Small Claims Court

Small claims courts may be a better option for consumers who do not want to hire an attorney or spend the time required for a full-blown state cour...

Report The Action to A Government Agency

The Federal Trade Commission (FTC) is charged with overseeing debt collector actions and ensuring that the FDCPA is not violated. Consumers can con...

Report The Action to The State Attorney General

In addition to violating the FDCPA, the debt collector may also be violating state laws. The consumer may want to contact the state Attorney Genera...

Use The Violation as Leverage in Debt Settlement Negotiations

If you are trying to settle debt and the collector violates the FDCPA, you can use the violation as leverage to settle the debt. This often works b...

The Fair Debt Collections Practices Act (FDCPA)

The FDCPA is a federal law that was created to protect debtors from abusive collection techniques and practices. Abuse by a debt collector can take many forms: threatening and abusive phone calls, deceptive collection letters, sharing your personal information regarding your debts with family members, co-workers, or other third parties.

The Telephone Consumer Protection Act (TCPA)

If you have been called illegally on your cell phone or sent improper text messages, you may be entitled to financial damages under the Telephone Consumer Protection Act. The TCPA is a federal law that protects you from certain types of unsolicited phone calls.

How to be a bill collector?

In general, collectors cannot be: 1 Calling you repeatedly or contact you at an unreasonable time (the law presumes that before 8 a.m. or after 9 p.m. is unreasonable) 2 Placing telephone calls to you without identifying themselves as bill collectors 3 Contact ing you at work if your employer prohibits it 4 Using obscene or profane language 5 Using or threaten to use violence 6 Claiming you owe more than you do 7 Claiming to be attorneys if they’re not 8 Claiming that you’ll be imprisoned or your property will be seized 9 Sending you a paper that resembles a legal document 10 Adding unauthorized interest, fees, or charges 11 Contacting third parties, other than your attorney, credit reporting bureau s , or the original creditor, except for the limited purpose of finding information about your whereabouts. Unless you have asked collectors in writing to stop contacting you, they can also contact your spouse, your parents (if you are a minor), and your co-debtors

What is unreasonable time?

Calling you repeatedly or contact you at an unreasonable time (the law presumes that before 8 a.m. or after 9 p.m. is unreasonable) Placing telephone calls to you without identifying themselves as bill collectors. Contact ing you at work if your employer prohibits it. Using obscene or profane language.

Do debt collectors have to disclose information?

Under the FDCPA, debt collectors are required to disclose certain information if you request it. You have the right to challenge your debt and have it validated by the collectors. An FDCPA attorney knows the most important information to request and how it can be used to your benefit.

What is the FTC lawsuit?

In recent years, the Federal Trade Commission (FTC) has brought numerous lawsuits against collection agencies for violations, resulting in settlements for millions of dollars. While not all of these settlements went to consumers directly, they are further proof that the law will be enforced.

What is the New York City Consumer Protection Law?

The New York City Consumer Protection Law provides the strongest anti-harassment protection in the country when it comes to debt collec-tion. With passage of Local Law 15 of 2009, City residents gained even greater protections when contacted by debt collectors. The new law also expanded the licensing and regulatory authority of the Department of Consumer Affairs (DCA) to include “debt buyers,” businesses that buy overdue debt, and then try to collect money sometimes by taking consumers to court.

Do you need a DCA license to collect debt?

All debt collection agencies that seek to collect personal or household debts from New York City residents must have a DCA license no matter where the agency is located. Creditors often use debt collection agencies to help them collect overdue debts. A “creditor” is the individual or business that provided the original service or credit for which you owe money. For example, credit card companies and cellular phone companies are creditors. Sometimes, creditors sell your debt to a third party called a debt buyer. No matter if the debt collection agency is working for a creditor or for itself as the debt buyer, it must have a DCA license and follow all laws or risk fines, penalties, or the suspension or loss of its license.

Can a creditor freeze your bank account?

Under State and Federal law, certain money may never be taken by creditors to satisfy judgments. This money is considered “exempt funds.” You may choose to use exempt funds to pay a debt you owe, but a creditor cannot freeze or forcibly take those funds from you or your bank account to pay off a debt.

What is the FDCPA?

The federal Fair Debt Collection Practices Act (FDCPA) offers consumers protection against overly aggressive debt collection actions by debt collectors and debt collection agencies. If a bill collector has violated federal law in its dealings with you, there are steps you can take depending on your goal.

Can you sue a debt collector?

You may bring a lawsuit against the debt collector in state court. In the lawsuit, you must prove that the debt collector violated the FDCPA. If successful, you might be able to collect $1,000 in statutory damages, and possibly more if you suffered harm from the violations.

Can a debt collector violate the FDCPA?

In addition to violating the FDCPA, the debt collector might also be violating state laws. You might want to contact the state Attorney General's office to receive guidance on a possible FDCPA lawsuit and for any possible state law actions against the debt collector. Many of these offices also receive complaints against debt collectors—if it gets ...

Can you use a violation of the FDCPA to settle a debt?

If you are trying to settle debt and the collector violates the FDCPA , you can use the violation as leverage to settle the debt. This tactic often works because collectors know that an FDCPA lawsuit can be costly to defend and may result in a judgment against them.

What is a small claims court?

Small claims courts allow individuals to argue their case without an attorney and through an expedited process. These courts typically offer the consumer one shortened hearing in order to argue the case to a judge. Usually, you file a simple court document to start the case.

How long does a FDCPA lawsuit have to be filed?

§ 1692k (d)). In the case of Rotkiske v. Klemm, 589 U.S. ___ (2019), the U.S. Supreme Court clarified that the one-year statute of limitations for an FDCPA violation begins to run when the alleged violation occurs, not when the offense is discovered, absent the application of an equitable doctrine.