What Are the New York State Debt Collection Laws?
If you have a delinquent debt in New York, your creditor may send it to a debt collection agency. Unfortunately, not all debt collection agencies are reputable or follow the law when collecting debts. Fortunately, the Fair Debt Collection Practices Act (FDCPA) and protect you from unfair practices.
Notably, errors do happen in debt collections, and if you have received a debt collection notice from collectors, the first thing to do is confirm that all details are correct and updated. DoNotPay can help with this process. We can help you determine whether your debt collector is compliant with the FDCPA and state laws.
We'll also help you decide which course of action you should take and contact the debt collectors with a demand letter on your behalf. If you choose to report the collection agency to the CFPB instead, we'll file the complaint on your behalf.
New York State Debt Collection Laws
In addition to the federal laws, New York State has its own that offer consumers more protection. The regulations require debt collectors to provide consumers with specific information within five days after contacting you. This information includes:
- A list of collection activities outlawed by the FDCPA
- Information on the identity of the original creditor and detailed accounting of the debt, including the original amount of debt, accrued interest, fees and charges, and payments you made since the debt was collected
- Information on the statute of limitations
What Is the FDCPA?
The Fair Debt Collection Practices Act (FDCPA) is a federal statute that shields consumers from unjust debt collection practices, including harassment. The law put restrictions on the way collectors should contact debtors, including the time of day and number of times that contacts should be made.
Other practices prohibited by the FDCPA include:
- Sustained attempts to collect debts not owed
- Illegal or unethical communication methods
- Excessive phone calls
- Unlawful contact or sharing of debt information to third parties
- False statements and false representations
- Taking or threatening an illegal action
What Happens If I Ignore Debt Collectors?
Ignoring or avoiding debt collectors cannot solve your debt woes. Collectors can resort to filing a lawsuit against you to recover their money. If you can't agree with the contents of debt, the best thing to do is request a validation letter.
A validation letter is a letter that a debtor sends to the collection agency or creditor asking for evidence the debt in question is valid and within the New York statute of limitations for collecting debts. It is not unusual for debt collectors to revive old debts whose statutes of limitations have expired. A validation letter goes a long way in protecting you against such scams.
Where to Seek Help When Being Harassed by New York Debt Collectors
Government agencies will protect you from harassment. You may reach out to the CFPB or Consumer Financial Protection Bureau for further assistance. Below are their contact details:
|Company||Consumer Financial Protection Bureau|
|Mailing Address||Consumer Financial Protection Bureau
PO Box 27170
Washington, DC 20038
|Phone Number||(855) 411-2372|
|Email or Contact Form||Ask CFPB|
How to Respond to a New York Debt Collection on Your Own
The following are the steps to deal with debt collections on your own:
- Once you receive the validation letter from Wells Fargo, review it to verify all information is correct and up to date. Check the amount owed, what the debt was for, and the identity of the collector
- If you have any questions or need further information, file a debt verification request
- After verifying the debt, you can choose to either:
- Pay off the debt
- Ask for the debt collector to stop contacting you.
- Specify how you want them to communicate with you, whether it's through your lawyer or asking them not to call you at work
- Report them to the FTC and CFPB for unethical debt collection practices if you believe they've violated the FDCPA
Notably, the DIY method to respond to is complicated and tedious. DoNotPay can help you save valuable time on this process. Through our new debt collection product, we will contact any New York debt collector with a demand letter on your behalf asking for verification or that they stop the collection. If you choose to report the collection agency to the CFPB instead, we'll file the complaint on your behalf.
Easily Solve New York State Debt Collections With the Help of DoNotPay
If you have received a debt collection from any New York state debt agency, DoNotPay can help you determine if your debt collector is compliant with the FDCPA. We will also determine whether the debt is still within the New York state statute of limitations. After guiding you through a series of questions, we'll help you decide which course of action you should take and contact the debt collectors with a demand letter on your behalf.
Here is how to get started:
- Search “debt collection” on DoNotPay.
- Answer a series of questions about the debt collectors, including when you were contacted and how you were contacted, so we can determine if they have violated any debt collection laws.
- Decide which course of action you want to take based on our guidance, such as filing a debt verification request, demanding for the collectors to stop contacting you, or reporting them to the CFPB.
And that's it! Once you choose the course of action you want to take, DoNotPay will handle the rest. We'll deliver your request directly to the debt collectors via first-class mail or file your complaint automatically with the CFPB so that they're no longer able to use unfair debt collection practices.
Let DoNotPay Help You Solve New York State Debt Collections and More
Are you being harassed by a New York state debt collection agency? They may be violating your consumer rights as provided by the FDCPA and New York state debt collection laws. DoNotPay can help you determine whether your debt collector is compliant with the FDCPA. We will also guide you into choosing the best option available to resolve the issue.
This world’s first Robot Lawyer can help you with other related concerns such as:
- How often do debt collectors take you to court?
- Statute of limitations on debt collection by state
- How to deal with debt collectors
- Can debt collectors take your stimulus check?
- ERC debt collection
- Medical debt collection
- How long can debt collectors try to collect
What Else Can DoNotPay Do?
When we’re done assisting you with your debt collection conundrum, you can explore other DoNotPay products that will surely help make your life more convenient and comfortable. Here are other issues that we can handle for you:
- Increase credit limit
- Clean credit report
- Find missing money
- Help with bills
- Canceling subscriptions
- Writing financial aid appeal letters
And so much more! Contact us today to learn about the various ways DoNotPay can serve you.