Collections Law/Creditor Harassment
I hope you can assist me. I'm suffering harassment from a collection agency that is representing an old creditor.
They call my phone like 3 times a day. They also called my mother about the debt. Is this creditor harassment? Is this legal?
Can you help me with this matter? Thanks!
Good question. Yes, we can help you deal with this collection agency.
The Federal Fair Debt Collection Practices Act (FDCPA) and New York State Law protects consumers against unfair, deceptive, and abusive debt collection and credit reporting practices. If you believe you have been the victim, you may be entitled to receive money damages AND have your legal fees completely paid for by the debt collector.
If we agree to represent you in your Fair Debt Collections Practices Act (FDCPA) case, you will not pay any attorney's fees or costs. The FDCPA requires that the debt collector in violation of the statute pay your legal fees! If you qualify, our legal help is 100% FREE!
Debt Collectors Cannot:
•Leave messages on your telephone that fail disclose the name/identity of the debt collector/debt collection company/debt collection law firm that is calling
•Leave messages on your telephone that fail disclose and state that the caller is a “debt collector”
•Fail or refuse to identify itself as a debt collector in any communication with you, whether during conversation, in a message or in a letter
•Contact you before 8:00AM or after 9:00PM
•Contact you at work when they know or have reason to know they cannot do so
•Disclose any information related to your debt to a third party
•Threaten to contact/notify third parties or your employer about any debt
•Use profane/abusive language
•Threaten to have you arrested
•Accuse you of committing a crime
•Threaten to file a lawsuit against you or take other negative action when the debt collector lacks the ability or intent to file and take such action
•File any legal action and/or taking a judgment without properly serving the party being sued
•Misrepresent the amount or legal status of a debt
•Claim to be affiliated with law enforcement or any government/federal organization
•Contact you after being provided a written cease & desist letter
•Contact you while refusing or failing to provide debt validation as you requested in a written letter
•Report or threaten to report false and/or other disputed or incorrect information regarding a debt to the credit reporting agencies/bureaus
If a Debt Collector is Violating Your Rights, We May Be Able To:
•Get you up to $1,000 in Statutory Damages PLUS additional damages, if you qualify
•Negotiate a Settlement/Payment Plan/Payment Arrangement of the debt itself
•Eliminate the debt
•Obtain Debt Forgiveness
•Delete the Derogatory or Erroneous Listing from your Credit Report(s)
•Have your legal fees paid for by the debt collector.
•Stop the debt collector from contacting you
•Demand that the debt collector contact our law firm rather than you!
Hope this answers your question. Please contact us directly so that we may help you.
Jason A. Shear
Attorney at Law
Creditor Harassment Attorneys
Buffalo, New York