Legal Question in Credit and Debt Law in New York

Unlicensed Debt Collector in NYC

Short version - My fiance had a judgment entered against him in 2001 (never served papers) and wages were garnished. He didn't know what to do about it, so he never fought it (thought it would cost more than the ganishment). Judgment was satisfied in 7/2003. I have found out that not only is the debt collector not licensed to collect debts in NYC, but the principal of the debt collector is also the managing partner of the law firm that sued. Also, this debt collector is still attempting collections and filing suit against people in NYC even though they have no license (I have proof). Can my fiance sue the debt collector and the law firm for fraud in collecting his money without a license? Does my fiance have any other recourse? These people are the lowest of the low. If I had known then what I know now, I would have sued them for calling my house 8-9 times a day and cursing at me (and I had nothing to do with it!).


Asked on 11/27/03, 12:57 am

2 Answers from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Unlicensed Debt Collector in NYC

You have several options. First; report them to the NY State Attorney general's Office. This is a first step.

The fact that the debt collector was acting through an attorney may make the lack of a license a non-issue (but it may not!), but the harassment and abuse are actionable. That part must be reported and you may also sue on your own throught he federal fair debt collection act.

The key question is: evidence. Did you make any recordings? Did you keep a diary? In the event you didn't, you still have an option. Sue and when they deny calling multiple times a day, offer the phone records against them. The phone records are easy to get from the telephone company.

You are welcome to a consultation for no fee at my offices at 42 west 44th street, NY,NY. Please call for an appointment first (646) 591-5786.

Read more
Answered on 12/01/03, 5:39 pm
Guy Lewit Guy Mitchell Lewit, Esq.

Re: Unlicensed Debt Collector in NYC

I believe the fact that they are operating without a license might open them up for some type of sanction...but I am not sure exactly how that would benefit you personally. I believe you could bring an action under the FFDCPA FEDERAL FAIR DEBT COLLECTION PRACTICES ACT...and there are attorneys aplenty who handle those claims..and you may get some satisfaction out of that....good luck

Read more
Answered on 11/28/03, 3:14 pm


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in New York