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Debtor Protections and Consumer Rights in New York: An Attorney’s Perspective

FFGN COLLECT NY

Is there a law in NYC that protects consumers and debtors from debt collecting agencies, businesses, and their attorneys? Overview of NYC Law on Debt Collection Most people might not be aware of it, but New York has some of the strictest regulations and laws regarding debt collection and debtor protection.

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Debt Collection through Email, SMS and Social Media

Nexa Collect

Several collection agencies have been using electronic mediums like emails, social media platforms, and SMS to contact debtors. To a standard person, it may appear that contacting a debtor either way (traditional or electronic) is the same, a contact made is a contact made regardless of the medium. In fact, many prefer it that way.

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How Effective Are Collection Agencies?

Nexa Collect

Skip tracing techniques allow agents to track down debtors that have “skipped” out on their debts and are no longer reachable. Debtors Are More Likely to Pay A Collection Agency. When a debt passes from the original creditor to a collection agency, this escalation often makes debtors pay attention.

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How Effective Are Collection Agencies?

Nexa Collect

Skip tracing techniques allow agents to track down debtors that have “skipped” out on their debts and are no longer reachable. Debtors Are More Likely to Pay A Collection Agency. When a debt passes from the original creditor to a collection agency, this escalation often makes debtors pay attention.

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Allowing Clients to Hear Debt Collection Calls: Is it ok?

Nexa Collect

Say you are a collection agency, and your client (the original creditor) contacts you to tell that they have received a complaint from the debtor telling that your debt collector was very rude over the phone or felt threatened. Such complaints from debtors can get your client to worry about their reputation.

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Debt Validation Notice Format Recommended by CFPB

Nexa Collect

By law, all debt collectors are required to provide at least 30 days to the debtor/consumer to dispute the debt, after the consumer receives (or is assumed to receive) the validation information. I want you to send me the name and address of the original creditor. The amount is wrong.

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What Are Preferential Payments in Bankruptcy?

Sawin & Shea

Before someone makes a bankruptcy filing, it is not uncommon for debtors to feel as if they have to make some tough decisions. Which creditors can they pay? This typically occurs because the debtor doesn’t have the money to pay all of their creditors, so they feel they need to rank which ones are more important to pay first.