Debtors' rights in New York: how to protect yourself from aggressive debt collectors

Are you being harassed by debt collectors? Did they sue you, threaten to withdraw money from your account or withhold money from your salary? If yes, then you are not the only one who has encountered this problem.

The New Economy Project works with New Yorkers who are being harassed by predatory debt collectors. To get money, they resort to extortion, abuse and fraud. As a result, debt collection specialists rob millions of dollars each year from residents of predominantly communities of color. areas of New York. The most common victims are women, immigrants and the elderly.

Here are just a few of the illegal predatory practices used by debt collectors in New York:

• use lies and threats to intimidate a person into paying perceived debts;
• claim that you have a debt that in fact may not exist, or claim that the debt is greater than in fact;
• suing over old debts for which the statute of limitations has already passed;
• file a lawsuit, but do not inform the debtor about it. and when he does not appear at the meeting, collectors easily obtain a court decision against him and use this document to withdraw money from a bank account or withhold money from the debtor’s salary;
• They are trying to take away your legally protected income (welfare and other benefits), leaving you without the means to buy food, pay rent, or cover other basic needs.

Fortunately, New York has some of the strongest laws in the country to protect people from predatory debt collection practices. But, unfortunately, the burden of defending our rights lies mainly with ourselves.

Here are five rules you should know if debt collectors call you, sue you, or threaten to withdraw funds from your bank account or withhold money from your paycheck.

1. You have the right to receive information about your suspected debt. You can send the debt collector a letter requesting more information about the debt, as well as dispute the debt (here sample letter disputing a debt). Debt collector must stop trying to collect the debt until he sends you Additional information. For more useful information on protecting the rights of debtors, see https://www.izakayasushilounge.com fjhotline.nyc.
2. Debt collectors must stop contacting you at your request. They often try to force us to pay off debts that we cannot or are not obligated to pay. If you want the debt collector to stop contacting you, send him an email requesting this.
3. Don't ignore court documents. If you received documents from courts that say you owe a debt, seek legal advice. If you don't respond to court documents, a debt collector can easily obtain a judgment against you and use it to skim money from your bank account or garnish your paycheck.
4. Your income may be protected by law from debt collection. New York and federal laws protect certain types of income from debt collection. This includes benefits and most of your final salary. Generally, the debt collector cannot access these funds.
5. Check out the New Economy Project resources - Know your rights. Visit the site fjhotline.nyc to obtain sample debt dispute letters and access to other helpful debtor rights resources.

If you are a low-income New Yorker and need help with financial justice issues, call the Helpline at (212-925-4929). It open on Mondays from 16:00 to 18:00, and on Tuesdays, Wednesdays and Thursdays from 12:00 to 14:00. For more information visit the website fjhotline.nyc.

This information does not constitute legal advice.