Legal Question in Credit and Debt Law in New York
collections problem
We are in collection for a store card and were contacted by a collection agency. We agreed on a settlement, which would come directly out of our checking account on an agreed on date. Here are the problems:
1.) Agency posted our payment earlier than agreed and it bounced costing us a fee.
2.) Agency contacted my brother-in-law's house and gave him specific details regarding our account - AFTER we had already agreed to a settlement.
3.) Agency continues to contact us AND brother-in-law 2 days AFTER payment arangements are made.
Questions:
1.) Is this harrassment?
2.)Now that the payment has been returned, do we have any legal recourse to FORCE them to refund our overdraft fees?
1 Answer from Attorneys
Re: collections problem
Do you have a signed stipulation of settlement? Without that it will be difficult for you to make any argument. As for contacting your brother-in-law, I would suggest you you send them a certified letter advising them that they must cease and desist all communications, except as to... (whatever information you want to give them).
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