Subject: New York Sample Letter to Debt Collector Re: Fair Debt Collection and Practices Act Dear [Debt Collector's Name], I hope this letter finds you well. I am writing to you regarding a debt that you have been attempting to collect from me. As a resident of New York, I am aware and fully conscious of my rights under the Fair Debt Collection Practices Act. Firstly, I want to inform you that your continuous efforts to collect this alleged debt have caused me significant distress and anxiety. These actions are in direct violation of the Fair Debt Collection Practices Act (FD CPA). It is important to note that I am familiar with the rights protected under this act and will not hesitate to take appropriate legal action to safeguard my interests. Under the FD CPA, the debt collector is required to provide me with accurate and timely information pertaining to the alleged debt. This includes detailed documentation outlining the original creditor's name, the debt amount owed, and a breakdown of any additional charges or fees incurred. I request that you promptly provide me with this information within thirty days of receiving this letter. Additionally, it is crucial to understand that all communication between us must comply with the regulations prescribed under the FD CPA. Harassment, threats, or the use of abusive language are strictly prohibited. I demand that all correspondence be conducted in a respectful and professional manner. Failure to adhere to these guidelines will result in a formal complaint being filed with the proper authorities. Moreover, I must emphasize that any further contact from your agency must be halted until you have provided me with the requested information in accordance with the FD CPA. This includes any phone calls, emails, or letters attempting to collect the alleged debt. Violating this request will be considered a violation of the FD CPA. Furthermore, I am aware that New York carries additional regulations under the New York Fair Debt Collection Practices Act (NFPA) that extend consumer protection beyond the federal guidelines. I expect your compliance with both the FD CPA and the NFPA in every interaction regarding this matter. Finally, I would like to request that any future communications regarding this debt be handled in writing. This will provide a clear record of all correspondence, ensuring that no miscommunications or misunderstandings occur. I trust that you will take this letter with the utmost seriousness and respect the rights afforded to me under both the Fair Debt Collection Practices Act and the New York Fair Debt Collection Practices Act. Failure to do so will result in immediate legal action to protect my rights and interests. Thank you for your prompt attention to this matter. Sincerely, [Your Name] [Your Address] [City, State, ZIP] [Phone Number]
New York Sample Letter to Debt Collector Re Fair Debt Collection and Practices Act
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FAQ
Effective April 7, 2022, the New York statute of limitations for debt collection lawsuits arising out of a consumer credit transaction is reduced from six years to three years. Also, payment toward the debt or written or oral affirmation of the debt by the consumer does not revive or extend the limitations period.
Debt collectors cannot harass or abuse you. They cannot swear, threaten to illegally harm you or your property, threaten you with illegal actions, or falsely threaten you with actions they do not intend to take. They also cannot make repeated calls over a short period to annoy or harass you.
The Fair Debt Collection Practices Act (FDCPA) is the main federal law that governs debt collection practices. The FDCPA prohibits debt collection companies from using abusive, unfair, or deceptive practices to collect debts from you.
Collectors are required by Fair Debt Collection Practices Act (FDCPA) to send you a written debt validation notice with information about the debt they're trying to collect. It must be sent within five days of the first contact. The debt validation letter includes: The amount owed.
Statute of Limitations in New York Thanks to a law passed in 2021, the statute of limitations of debt in New York is three years, which means that's how much time a debt collector has to file a lawsuit to recover the debt through the court system.
What Is the New York Fair Debt Collection Practices Act? New York's version of the FDCPA (sometimes referred to as the New York Debt Collection Procedures Act) is similar to the federal FDCPA. Congress passed the FDCPA back in 1978 to stop abusive debt collection practices used by certain debt collectors.
An effective debt collection letter should include all of the following: The total amount the client owes you. The original date the balance was due. Instructions detailing how to make the overdue payment. The new due date, whether a specific date or as soon as possible.
What Is the New York Fair Debt Collection Practices Act? New York's version of the FDCPA (sometimes referred to as the New York Debt Collection Procedures Act) is similar to the federal FDCPA. Congress passed the FDCPA back in 1978 to stop abusive debt collection practices used by certain debt collectors.
