Legal Question in Credit and Debt Law in New York

Fraud by collection agency

A debt collector continues to leave harassing and threatening messages (Garnishing wages, Tax refunds, etc). It's a MasterCard account, which originally only had a $1000 credit line and is now $4700. Originally it was charged off since it's been around since 1990. I have tried to keep up the payments through a counseling service, which I terminated in May. Zenith Acquisition whom I've made payments to in the past on behalf of Citi directly most recently he left a message, which I still have in voicemail. Without my authorization and with information I had provided in the past they posted a $100.00 payment towards my checking account, which I validated the next day at the time, I heard the message. Is this legal? What can I do about this since I requested an investigation at the bank, which will take 5 days? Are there any legal actions I can take? As a result my Mortgage check was returned unpaid and I have requested to have my account changed.


Asked on 10/30/02, 5:44 pm

1 Answer from Attorneys
Glen Chulsky Law Office of Glen H. Chulsky

Re: Fraud by collection agency

I am not sure that I fully understand the facts as you presented them. With that said, if they deducted money from your account without your authorization, then they violated the Fair Debt Collection Practices Act. In that case, they are liable to you in the amount of up to $1,000 plus actual damages like bank fees and your attorney's fees. You should consult an attorney experienced in this area. If you need more info, feel free to call me at 973-659-3400.

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Answered on 10/30/02, 10:01 pm


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