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[NY] What should you do when a law firm collecting a purchased credit card debt contacts you?
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I don't know how to negotiate, communicate, or mitigate this matter. Please help. I am a bartender in NYC. I cannot afford the court costs so need my best solutions before I might be summoned.
I understand that dealing with legal matters can be overwhelming, especially when finances are tight. Can you please describe the specific issue or situation you are facing?
I just did, I'm being contacted by a debt settlement law firm in Long Island NY. I have very little money and don't know how to negotiate this credit card debt. It was for the original card issuer, then sold to a debt buyer.
Have you already received any official documents or notices related to this matter?
No, if they tried to how would they acquire my address? If I updated my address with the DMV does this affect anything?
Is there anything else the Lawyer should know before I connect you? Rest assured they'll be able to help with your credit card debt.
So to recap for the lawyer: according to the card issuer, debt sold to a debt buyer, then differed to the collection law firm in NY. I live in Brooklyn NYC.
Hey there! Welcome to our service. I'm Andres Sanchez, an attorney with many years of experience. I understand you're dealing with a situation where you're being contacted by a debt settlement law firm regarding a credit card debt originally with the card issuer, now with a debt buyer. Is that right?
It sent the last message before I finished.
Have you received any formal legal notices or court documents from the law firm or the debt buyer regarding this debt?
No just a phone call, this is how I know it's them. No message.
Got it, thanks for letting me know. Do you know the total amount of the debt that the law firm is contacting you about?
Yes from the debt buyer the sent texts many many times. I do not I only know the outstanding balance on the original debt.
Based on your situation, there are several legal arguments and consumer protection laws in New York that could potentially support your case:
The Fair Debt Collection Practices Act (FDCPA) is a federal law that protects consumers from abusive debt collection practices. It requires debt collectors to provide certain information about the debt and prohibits harassment or deceptive practices.
In New York, the statute of limitations for credit card debt is three years. This means that if the debt is older than three years, the creditor may not be able to sue you to collect it. (NY CPLR § 214-I)
Debt collectors must provide a written notice of the debt within five days of their initial communication, which should include the amount of the debt, the name of the creditor, and a statement of your rights.
Let me know if you have any questions or clarifications, if not I'll move forward with guidance.
So the law firm does not have to provide me anything first only the debt collector? Apparently this law firm is among the largest mass filers of civil debt in the state. I'd like to know the typical time frame for similar debts and just how to minimize and additional costs. I don't want to contact without knowing exactly what to say or if I should wait for them to contact me. If they did would it be through my address with the government or on the credit card agreement I updated it last year so hopefully official notices would come to my current address so I'm prepared. I am in debt to multiple creditors, around $60000 and may be garnished multiple times at some point. I researched that apparently you can be fired for multiple garnishments and this would lead to poverty and hopelessness for me. I would like to mitigate any filings but do so as late as possible to save money in time.
Let's break down your situation and explore the steps you can take:
- Understanding Your Rights.
- Under the Fair Debt Collection Practices Act (FDCPA), debt collectors must provide you with a written notice of the debt within five days of their initial communication (15 U.S.C. § 1692g). This notice should include the amount of the debt, the name of the creditor, and your rights.
- In New York, the statute of limitations for credit card debt is three years. If the debt is older than this, the creditor may not be able to sue you. (NY CPLR § 214-I)
- Address Verification
- Official notices are typically sent to the address on file with the creditor or the one updated with government records. Since you've updated your address with the DMV, it's likely that any official notices will come to your current address. In New York consumer debt lawsuits, the court clerk also mails an additional notice to the defendant (N.Y. CPLR § 306-d).
- Communicating with Creditors
- Before contacting the law firm, gather all relevant information about your debt, including any documentation from the debt buyer.
- When you do contact them, be clear and concise. You can request a debt validation letter to ensure the debt is legitimate and to understand the details (15 U.S.C. § 1692g(b)).
- Managing Multiple Debts
- Consider speaking with a credit counselor who can help you create a plan to manage your debts. They can negotiate with creditors on your behalf and may help you avoid garnishments.
- If you're concerned about garnishments, know that New York law protects a portion of your wages from being garnished. However, multiple garnishments can complicate your financial situation. Federal law prohibits firing an employee over garnishment for any one debt, but that protection does not extend to garnishments for multiple debts (15 U.S.C. § 1674).
- Legal Assistance
- If you're worried about potential lawsuits or garnishments, consulting with a consumer rights attorney can provide you with specific legal advice tailored to your situation.
- They can help you understand your options, such as negotiating a settlement or considering bankruptcy if your debts are overwhelming.
Please let me know if you have further questions.
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