New York Fair Debt Collection Attorney
About Bad Service of Papers and Fair Debt Collection in New York City
Bad service with a resultant default judgment is not ideal for either party. It permits the judgment creditor to enforce the judgment. Bad service also makes the judgment vulnerable to attack due to lack of personal jurisdiction. If we can factually undermine the plaintiff's "affidavit of service," we should promptly raise that defense. Beware that a service-related defense may be waived if not acted upon in court within a certain period of time.
Aside from the issue of bad service, debt collectors are held to other federal standards under the Fair Debt Collection Practices Act.
For example, collection lawyers may not:
- Sue you twice for the same debt
- Sue you for the wrong amount
- Sue you without a proper license
- Sue you in the wrong county
- Sue you without meaningful attorney review
- Sue you without legal custody of the debt
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Sue you for interest, charges, and attorney's fees without authorization
In any debt lawsuit, contact a New-York debt-defense attorney for a free consultation to understand your rights and obligations.
Fair Debt Collection Lawyer Serving New York
Debt collectors may not:
- Call family, friends, or neighbors
- Call your workplace in most circumstances
- Call you repeatedly
- Insult, yell, or harass you
- Make threats of lawsuits, garnishments, liens or arrest
- Deceive you
- Mislead you
- Misrepresent facts
- Make certain identification disclosures
You may be entitled to money damages and attorney's fees for the above acts, if proven. Our expertise in litigation and consumer protection, we trust, will translate into value to you. Regardless, we look forward to discussing your case with you at your free consultation.
Click the below graphic for more information.
Contact a New York fair debt collection lawyer online or call (888) 271-7109 to learn more about enforcing your rights.
[1] Debt Deception, How Debt Buyers Abuse the Legal System to Prey on Lower Income New Yorkers, May 2010, available at http://www.nedap.org/pressroom/documents/DEBT_DECEPTION_FINAL_WEB.pdf.