Debt Collection Harassment
Debt collectors must follow clear rules under the Fair Debt Collection Practices Act. If they harass you or break the rules, you can hold them accountable.
- Admitted in New York, 2004
- S.D.N.Y. and E.D.N.Y.
- Representing consumers since 1999
4.8 across 40+ reviews
What can’t a debt collector do?
Under the Fair Debt Collection Practices Act, collectors cannot call you before 8 am or after 9 pm, call you at work after you ask them not to, keep collecting while the debt is in dispute, contact your employer or family, use obscene language or threaten actions they cannot take, or mislead you to collect a debt.
What collectors cannot do
- Call you before 8 am or after 9 pm
- Call you at work after you ask them not to
- Keep collecting while the debt is in dispute
- Contact your employer, family or other third parties
- Use obscene language or threaten actions they cannot take
- Mislead you to collect a debt
- Send papers made to look like they come from a court or government agency
Original creditors too
The FDCPA covers third-party collectors. In New York, state law adds protections against inappropriate collection by the original creditor as well.
“Very professional and good lawyer
He help me get the money I was asking for”
Talk to a New York consumer lawyer, free.
Free consultation.
Contingency fee arrangements are available for most cases.
4.8 across 40+ reviews
Prior results do not guarantee a similar outcome.
What are your rights when a collector breaks the rules?
Under the FDCPA you are protected from disruptive phone calls: no calls before 8 am or after 9 pm, and no repeated calls about the same issue. If a creditor or debt collection agency breaks the rules, you can sue them in New York, stop the harassment and hold them accountable.
When a collector can call
Under the FDCPA you are protected from disruptive phone calls. Emails or text messages can be sent at any time.
- Earliest a collector may call you
- 8 am
- Latest a collector may call you
- 9 pm
- Repeated calls about the same issue are not allowed, even between 8 am and 9 pm.
You can sue
If a creditor or debt collection agency breaks the creditor harassment laws, you can sue them in New York, stop the harassment and hold them accountable.
What a case can do
The potential damages award from such a case can help you:
See what a case can do
- Cover the entire debt (if it ever existed)
- Avoid Chapter 7 bankruptcy
- Restructure a debt if necessary
Who we represent
Our debt defense lawyer represents individuals, families and businesses in New York.
How do you protect your rights?
Keep accurate records of what collectors do. The most important thing is that you do something and not just accept abuse. There are three steps: keep records from the first contact, use them to support a claim or negotiate, and call us for a free consultation.
Keep records
Write down everything from the moment collectors start contacting you about the debt.
What to keep
- All debt collection letters and notices you receive
- Envelopes that show the collection agency’s name
- Times and dates of calls, the numbers, who you spoke to and what was said
- Threats or abusive language used against you
Use your records
Your records can support a claim to a government agency, a direct claim under the law, or leverage to negotiate your debt.
Call us
In a free phone consultation, we look at what happened and outline your options.
Start with a free consultation.
Contingency fee arrangements are available for most cases.
Debt collection questions
Straight answers to what people ask before they call. For anything else, the first consultation is free.
Free consultationWhen and where can a debt collector call you?
Collectors cannot call you before 8 am or after 9 pm, but emails or text messages can be sent at any time. Repeated calls about the same issue, even between 8 am and 9 pm, are not allowed, and they cannot call you at work if you ask them not to. If you have disputed the debt in writing, they are prohibited from calling you about it. Debt collectors are also prohibited from telling your friends, family or coworkers about the debt.
Can you sue your debt collector due to harassment?
Yes. If a creditor or debt collection agency breaks the creditor harassment laws, you can sue them in New York. That’s why it’s so important to keep detailed records of your communications from the moment they start contacting you about the debt. If you can prove that the debt collector violated state or federal laws, you can stop the harassment and hold them accountable.
Related help
Related practice areas
Related reading
Tell us what happened.
An experienced attorney will review the details and outline your options. The first consultation is free.
- You send the form or call 646-713-1008. A few sentences about what happened is enough to start.
- We contact you to set up a free consultation.
- In the consultation, we listen to what happened and outline your legal options.
Contingency fee arrangements are available for most cases.