Legal Question in Credit and Debt Law in New York

Collection Law

According to the NYS Unified Court System, a collection agency suing for a Consumer Credit Transaction must send a Demand letter in advance of the suit. It also says they must file a form stating that no more than (5) claims have been instituted by them any where in NYS in 1 calendar month. Is this true? Also, under NYS consolidated law for LLC it states that a foreign LLC is not considered to be doing business in the state if they are maintaining lawsuits in NYS. If any of this is accurate, please let me know, because an agency going after me has violated all these laws. Could you please help clarify? Thank you in advance!


Asked on 1/21/06, 1:35 pm

1 Answer from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Collection Law

The 'demand letter' is a legal requirement. On the other hand, I do not believe that a licensed agency is precluded from filing more than 5 actions in any calender month.

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Answered on 1/23/06, 1:21 pm


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