Legal Question in Credit and Debt Law in New York

What can a collections agency do?

A collections agency has recently contacted me at work about a past debt that I am not sure about. I have asked the agent to send me the information by U.S. mail before I take any steps. He, at first, refused and asked about a access to a fax, to which I have none. He used obscenities and attempted to intimidate me. I told him to call me at home. He continued to call me at work. When I told him this was harrassment and illegal, he said he could call any time he wants. He then said he would give me a week to pay and then he was going to do things ''his way''. I haven't received anything in the mail and I wonder what actions he can take. And how do I stop him from harrassing me at work and putting my job in jeopardy? I am also waiting for my credit report to aid in confirming his claim.


Asked on 3/20/03, 8:53 pm

1 Answer from Attorneys

Thomas Luz Pearce & Luz LLP

Re: What can a collections agency do?

The Fair Debt Collection Practices Act, a federal statute, prohibits a lot of the conduct you describe. Get the name of the agency he works for and, if you can, record your calls with him. If you catch him using obscenities or breaking other rules set forth in the act (which you should read)you can recover a little cash from the agency.

That said, the fact that the bill collector is a jerk does not vitiate your obligation to pay any debts you may have. You should find out whether you really owe money, and if you do, you should pay it.

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Answered on 3/24/03, 11:00 am


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