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No one should have to feel intimidated or abused by debt collectors. But far too often, those collectors will hound people and harass them in an attempt to get their money. It’s unacceptable, and more importantly, it’s often illegal. Once you know that, you can start looking for options for making it stop.
Although prior results cannot guarantee future outcome, Morgan & Morgan’s debt collection harassment attorneys in New York City have a successful track record of recovering damages for their clients nationwide and getting their harassers to stop. In addition, we’re a rare firm who has taken on debt collection cases and recovered punitive damages for our clients, which is compensation made to discourage harassers from engaging in such behavior.
To learn more, fill out our free case review form for a no-obligation evaluation.
What are Debt Collectors Not Allowed to do?
Many debt collectors in New York City will stop at nothing to get your money. They will intimidate, they will threaten, they may even call your job or family to try and get paid.
However, what those harassers don’t want you to know is that these tactics and more are violations of the Fair Debt Collection Practices Act, which aims to curb debt collection harassment and protect the people. Nearly every third-party debt collector in the United States is required to follow these strict guidelines when calling about debt. Debt collectors cannot:
- Threaten force, violence, or defamation;
- Use obscene, profane, or abusive language;
- Publish the names of alleged debtors;
- Place phone calls with a frequency that is intended to harass;
- Misrepresent the amount, nature, or origin of an alleged debt;
- Impersonate law enforcement or another authority;
- Misrepresent the potential penalties for non-payment, including telling alleged debtors they will be prosecuted, imprisoned, or have their wages garnished (unless garnishment is actually authorized by a court);
- Add charges or fees not authorized by the original agreement;
- Solicit or demand an excessively postdated check; or
- Threaten to repossess property when the right to do so does not actually exist.
How Can an Attorney Help Me?
Debt collectors must cease communication with you once you notify them that an attorney represents you. Further, if you dispute a debt, they must cease communication until they are able to provide sufficient verification of the amount and nature of that debt.
When debt collectors nevertheless choose to ignore these reasonable rules, victims may bring a civil lawsuit for any actual damages they suffered, attorney fees, and up to $1,000 in additional statutory damages.
Morgan & Morgan May Be Able to Help You
It’s incredibly important to understand that you have rights if you or someone you know is being constantly harassed by debt collectors. They may try and intimidate you to make you think they hold the power in this situation, but you can make it stop.
If you would like to talk to a Morgan & Morgan New York, PLLC attorney in New York about your debt collection harassment case, fill out our free case review form.