bike repo question

[h2]

Originally Posted by Topek

I was 4months behind and I got all that taken away.

3 things they did illegally:

1) told my dad about my debt (amount and other info)
2) threatened to garnish my wages
3) swore and degraded to me over the phone While I was calm and was figuring out a way to pay them


New York state

OK....? I was replying to the post in which you told this guy it was illegal for them to threaten legal action, or wage garnishment. It is not.

If this guy were interested in pursuing legal action for harassment, he needs to check his state laws on debt collection. As for your state, Taken directly from NY state civil statutes:

"� 601. Prohibited practices.

No principal creditor, as defined by this article, or his agent shall:

1. Simulate in any manner a law enforcement officer, or a representative of any governmental agency of the state of New York or any of its political subdivisions; or

2. Knowingly collect, attempt to collect, or assert a right to any collection fee, attorney's fee, court cost or expense unless such changes are justly due and legally chargeable against the debtor; or

3. Disclose or threaten to disclose information affecting the debtor's reputation for credit worthiness with knowledge or reason to know that the information is false; or

4. Communicate or threaten to communicate the nature of a consumer claim to the debtor's employer prior to obtaining final judgment against the debtor. The provisions of this subdivision shall not prohibit a principal creditor from communicating with the debtor's employer to execute a wage assignment agreement if the debtor has consented to such an agreement; or

5. Disclose or threaten to disclose information concerning the existence of a debt known to be disputed by the debtor without disclosing that fact; or

6. Communicate with the debtor or any member of his family or household with such frequency or at such unusual hours or in such a manner as can reasonably be expected to abuse or harass the debtor; or

7. Threaten any action which the principal creditor in the usual course of his business does not in fact take; or

8. Claim, or attempt or threaten to enforce a right with knowledge or reason to know that the right does not exist; or

9. Use a communication which simulates in any manner legal or judicial process or which gives the appearance of being authorized, issued or approved by a government, governmental agency, or attorney at law when it is not."