Can they do that?!

Call you where you work, every week, for over a year trying to collect a debt? No. Collectors can’t do that. [1]

Talk to your supervisor at work about money you owe? No. Collectors can’t do that. [2]

Threaten to garnish 10% of your weekly wages without also explaining to you that the first $100.50 of your wages (and possibly other monies) are exempt from garnishment? No. Collectors can’t do that.[3]

Demand payment on a student loan without offering you affordable and reasonable payment options available under student loan laws? No. Collectors can’t do that.[4]

These are all real situations that happened to actual people in New York state – maybe people just like you – who took their cases to court, and challenged the bad behavior of credit collectors under the provisions of the Fair Debt Collection Act (FDCPA).

And in these situations, the court concluded, No. Collectors can’t do that.

Here are the names of just a few debt collectors who have been sued more than once for their debt collection activities: Encore, Asta Funding, Asset Acceptance, Portfolio Recovery Associates.

Don’t let collectors take advantage of you. Talk to a lawyer. You have rights under the FDCPA, even if you owe the debt.

-Sheril Stanford


[1] Harrison v. Fed. Pacific Credit Co., LLC., 2006 WL 276605 (W.D.N.Y.).

[2] Id.

[3] Seabrook v. Onandaga Bureau of Med. Econ., Inc., 705 F. Supp. 81 (N.D.N.Y. 1989).

[4] Arroyo v. Solomon & Solomon, P.C., 2001 U.S. Dist. LEXIS 12180 (E.D.N.Y. July 19, 2001).

Categories: Debt Defense
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