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New York, New York Debt Collection

Protecting debtors from abusive debt collection tactics

Whether you owe a debt you are unable to pay or are being mistakenly targeted by collection agencies, you do not have to tolerate the continued abuse. Creditors’ harassing and abusive collection techniques may be more than unpleasant — they may be illegal. The lawyers at Goldberg, Scudieri & Lindenberg, P.C. protect debtors from aggressive creditors and collection agencies. Using our assertive litigation strategies and extensive knowledge about consumer and debtor rights, we can help put an end to the harassment and recover monetary damages you suffered.

The Fair Debt Collection Practices Act

The collection of debts is governed by state and federal laws. When creditors violate these laws, they may be held accountable. The Fair Debt Collection Practices Act (FDCPA) prohibits creditors from engaging in abusive practices to collect debts, including:

  • Harassment — Debt collectors are legally prohibited from acting with harassing behavior, including:
    • Threatening you with violence
    • Publishing your name
    • Using obscene or profane language
    • Calling you repeatedly to annoy you
  • False statements — Debt collectors are legally prohibited from lying, including:
    • Falsely representing themselves as attorneys or government agents
    • Claiming you owe more money than you do
    • Misrepresenting that the nature of papers they send you are legal if they are not
    • Misrepresenting that the nature of papers they send you are not legal if they are
    • Stating that you will be arrested
    • Saying that they will seize assets unless they are legally permitted to do so
    • Threatening to take legal action if they lack legal grounds or do not intend to do so
  • Deception — Debt collectors are legally prohibited from using deceptive means, which include:
    • Sending you a document designed to appear as if it is from a court or government agency when it is not
    • Providing a third party with false credit information about you
    • Using a false name
  • Unfair practices — Debt collectors are legally prohibited from engaging in unfair practices, for example:
    • Collecting fees or interests not authorized by law or contract
    • Depositing a post-dated check prior to the date indicated
    • Illegally taking property
    • Contacting you by postcard

Your right to sue

If a creditor violates your rights under FDCPA and other New York and federal laws, you may have a cause of action. Our attorneys analyze whether additional consumer protection laws have been violated, guide you in the collection of evidence and establish a case against the abusive debt collectors through aggressive litigation. While we put an end to the harassment, we can also assess your debt to determine whether debt negotiations or bankruptcy may be options for the long-term resolution of your financial troubles.

Contact a New York debt collection rights attorney to help you

Goldberg, Scudieri & Lindenberg, P.C. is located in New York and represents clients throughout New York. Call Goldberg, Scudieri & Lindenberg, P.C. at 212-921-1600 or contact us online to schedule your consultation.

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