Carrying a debt has the potential to negatively affect your quality of life. There isn’t just the stress of owing a debt collector money-- there’s also the stress that comes with dealing with third-party collectors. These collectors may have called you at odd hours, tried to contact you at work, sent you embarrassing mail, or tried to talk to unauthorized people about your debt.
If you’re in New York State, you are protected from this behavior. In fact, if you live in any U.S. state, you’re protected from this behavior. This is thanks to a law called the Federal Debt Collection Practices Act (FDCPA) that punishes third-party collectors that engage in certain forms of unscrupulous behavior.
Under the FDCPA, you may be eligible to file a claim against an unscrupulous third-party collector. That being said, this process can be tough to navigate, especially while you’re dealing with trying to pay off your debt. In order to put yourself in the best position to win your claim, consider contacting an FDCPA attorney to help you with your claim.
New York’s Debt Collection Protections
The FDCPA offers some helpful protections for your debt collection case, but New York state has some of its own debt collection protections as well. You may be more likely to invoke federal law over New York state law, but your lawyer will be in the best position to determine what’s best for your case.
The statute of limitations on debt collection varies in New York state based on what kind of debt it is. For example, a rent overcharge claim must be filed within four years, but a person only has three years to attempt to collect on a debt that wasn’t paid after being executed. Essentially, if you suspect that a third-party collection agency is trying to collect on an old debt, then you may be protected under NY state law and parts of the FDCPA.
The FDCPA and You
You’ll get the aforementioned protections from New York state law, but keep in mind that some of the more robust protections will probably come from the FDCPA. The FDCPA keeps third-party collectors from engaging in the following behavior.
- Threatening you with a lawsuit
- Pretending to be a government official
- Making any false statements
- Using profane language
- Calling you before 8 a.m. or after 9 p.m. in your time zone
Keep in mind that this isn’t an exhaustive list--Your rights may be violated in other ways.
Talk to An Attorney Today
You have rights, and there’s no reason for your to be suffering harassment from third-party collectors--especially since the FDCPA protects consumers like you, both in New York state and around the country. Consider filing a claim; there’s no reason that this harassment needs to continue.
Additionally, you could get $1,000 for each FDCPA violation. While no compensation can erase the stress that those third-party collectors subjected you to, this money can at least help you rebuild your life.
Having a lawyer on your side puts you in the best possible position to get the peace and compensation that you deserve. Even though the process can be overwhelming, an FDCPA attorney will fight tirelessly on your behalf to get your life back to normal.