Get Debt Harassment Help in New York
Are you a resident of New York and have problems with debt harassment? We can help. First, we’ll explain your rights and then, if you want our help, we can provide free legal representation to end the harassment.
Some preliminary suggestions for New York consumers:
If contacted by a debt collector, start keeping a record of the matter. We suggest a notepad by the phone and saving all voice mail messages (if possible). These will be important later. Note the date and time, as well as any content or statements made by the caller. If you have caller ID, write down the phone number of the caller.
If first contact came by letter, don’t throw it away if it can be avoided. Letters often have a wealth of information and can be written in ways which reveals violations of the law in subtle and not-so-subtle ways, either of which can help end the problem for good.
If served with a lawsuit (complaint), read all documents and instructions carefully, then write down all dates set forth in the papers, especially the date an answer is due or court hearing is scheduled. Then immediately call our office or another consumer advocate to explain what to do, as advice can vary with the type and nature of the claim filed.
If possible, place any and all papers having to do with the matter together in one file. For example, make sure if you have financial statements such as credit card statements, to keep all of them in one location. If you have no paper statements, you should try to print them from online resources maintained by the (credit card or any) company. Ideally, you want to have all going back to the last zero balance (when you last paid off the bill). Alternatively, request for your bank to mail you copies of the cancelled checks or account history, indicating payments made. If you have any other paperwork such as the contract with the credit card company or other mail, keep it with the other papers so you can access it later.
Because the receipt of a collection letter or the filing of a complaint can trigger other deadlines, consider all papers you are served with as highly time-sensitive and in need of an immediate reply. Immediately contact a qualified law firm having substantial experience with debt collection and collectors operating in the State of New York. If you choose to handle matters yourself, more likely than not you will do or not do something that will adversely affect your position, often without possibility of being resolved later. For example, if you miss a court date, or mistakenly interpret the court rules as to an issue in your case, it can be fatal to a defense. Of course, you can and should expect that the creditor’s lawyers who filed suit and/or are doing the collection are far more knowledgeable than you and will use their knowledge to win for their client. Other than recommending an unrepresented party obtain counsel, the creditor’s lawyer is under no obligation to help or understand your problems, and more often than not, will recommend action that will put you in a position of admitting the debt and agreeing to make payments with high interest. If that appears to be somewhat fair consider this: a large percentage of debt lawsuits cannot be proven because the documentation no longer exists. If you force a debt collector / creditor lawyer to prove the claim, expect what you are told to be inaccurate or highly suspicious. If the terms they agree to appear fair, it is likely because the debt is too old to collect (Statute of limitations) or there is insufficient proof to go forward.
Did you know that the vast majority of New York debt collection lawsuits can be won by the consumer?! Did you also know that when your rights are in any way violated, you are entitled to as much as $1,000 plus attorney fees, payable by the debt collector you for violating the Fair Debt Collection Practices Act?! It is true, but getting such results is impossible for the average consumer and you will need legal assistance by qualified FDCPA attorneys. We serve New York residents being victimized by debt collectors, let us help you today!
