subject: Availing Legal Help To Stop Unfair Debt Collection [print this page] Many a times, financial problems may make it difficult for you to repay certain debts. If, in such a situation, debt collectors continuously hound you, it becomes even more distressing. Sometimes a mistake in the records may show that you owe money when you dont. Many have no idea about how to handle such situations.
Whether you owe money, and are unable to pay at present, or you dont, it is wise to consult a consumer law attorney to understand your rights and responsibilities. Here is a brief guide to the rights and wrongs regarding debt collection, as per the Federal Trade Commissions Fair Debt Collection Practices Act.
Can a debt collector call at any time or place? No. He can contact you from 8.00 a.m. to 9.00 p.m. He cannot contact you at work, if you had specified this earlier.
Can a debt collector call anyone else? No. He must contact you or your attorney regarding the debt. However, he may contact your family or friends to enquire about your present location, and contact number once.
Do you need to talk to a debt collector? Even if you owe no money and it is a mistake, it is better to talk to him at first. This may help resolve the matter in a easier way. If, however, you dont want him to contact again, you have to state this in a formal letter. Make sure to send it by certified mail and keep the return receipt and a copy of the letter.
What happens after you send this letter? The debt collector may not contact you any more if it was a mistake. However, if you do owe the money, he may send you notification of an impending lawsuit to recover debts. The ACT protects you from harassment; it is not a tool to get rid of your debts.
What is a validation notice? After the debt collector contacts you, he needs to send a notice within five working days. This must state the amount of money you owe, the name of the creditor and the method to rectify the records if you dont owe any money.
Why do you need an attorney? You may need a consumer law attorney, specializing in cases of unfair debt collection practices, if the debt collector continues to contact you even after you state that you do not owe any money. You would also need an attorney if he harasses or abuses you or others.
New York is a city having number of registered law firms. But very few of those are competent enough to solve any complicated legal issues. If you are looking for a New York based reputed lawyer, please visit 800 New York Lawyer directory to get the required information.
