Lester and Associates: Consumer/Debtor’s Rights, New York
The economy and the job market are finally rebounding, but economic recovery hasn’t quite yet spread universally. Many middle- and lower-income consumers are still feeling the squeeze of the economic collapse, and they may have the most trouble rebuilding. Even if you owe money, you have rights. The attorneys at Lester & Associates are here to help you fight for those rights and to assist you with debt relief. It’s our goal to help you achieve financial wellness and to help you protect your home, your possessions, and your dignity.
What Rights do Debtors Have?
Debt collectors will say anything and they often employ underhanded, questionable tactics in an attempt to collect. The federal Fair Debt Collection Practices Act and the New York State Debt Collection Procedures Law both give debtors certain protections.
The Fair Debt Collection Practices Act
The FDCPA provides the cornerstone of debtors’ rights. It addresses communications between creditors and debtors, as well as between creditors and third parties. It was designed to curb abusive, deceptive and unfair practices by debt collectors. They can’t contact you before 9:00 a.m. or after 8:00 p.m. They can’t contact you personally if you’re represented by an attorney, unless your attorney gives consent. They can’t call you at work if your employer prohibits such calls and you tell them so. The FDCPA doesn’t address original creditors, however – those you initially contract with for debts. It only governs companies hired by original creditors to collect their outstanding debts.
The New York State Debt Collection Procedures Law
The NYSDCPL affords additional protections to debtors in New York. This law prohibits creditors from communicating the nature of your debt to your employer before they’ve taken you to court and obtained judgments against you. It prohibits creditors from threatening to take any action against you that they can’t legally take. They can’t threaten to collect a fee in addition to the debt you owe, or impersonate court or law enforcement personnel. They can’t contact you or your family with such frequency or at such inconvenient times that it becomes harassment.
The consumer debt defense attorneys at Lester & Associates understand how stressful and humiliating it can be when you can’t meet your financial obligations. We understand that this can happen to anyone. You deserve the high quality personal attention and legal service that our law firm provides. Call (516) 357-9191 or fill out a contact form today for a no-obligation consultation.