I am a Manhattan Chapter 7 Bankruptcy attorney but there are numerous instances where I have clients in New York City who do not want to file for Chapter 7 Bankruptcy in Brighton Beach, Coney Island, or whereever. Instead, they have one or two unpaid bills that are now in the hands of collection firms like Rubin & Rothman, Pressler & Pressler, Cohen & Slamowitz and the rest. Heres the constant problem that they have. They get these absurdly harrassing phone calls from these companies (Ive never been part of the convo, but my clients tell me they are harassing phone calls) and then the client gets scared and will give up a crucial piece of information, like a social security number or a bank account number. At that point, good luck. Almost immediately, you’ll have these collection firms freezing these accounts. The only way to get your money out of that account is to file an Order to Show Cause with the local court, filing for Bankruptcy, or agreeing to a settlement (sometimes this doesnt even work.) So whats my advice? Well my advice is that you should NEVER EVER disclose any personal information to these collection firms, unless and until you speak to an attorney. Furthermore, you shouldn’t ever give up this information unless your provided with written proof of the validation of the debt from the collection firm. How do we know that they own this debt and can go after you for this money? How do we know that the amount they claim you owe for some unpaid debt is accurate? The answer is, we dont. Not until they prove it to us, on paper, and in a legally acceptable fashion. Do not believe what these collectors tell you on the phone when it comes to outlandish claims that they will get you fired, put in jail, or punished in some other ways. You have a slew of state and federal laws that are specifically made to help consumers when they deal with credit collectors. Make sure you’re aware of those and do not become another statistic. Someone who has had their account frozen, money garnished, or worse, because you were intimidated by these individuals. There are simple legal ways to fight back and ensure that what you’re doing is correct.
On a personal note, I’d like to wish all of our readers and clients a very Merry Christmas, a very happy healthy New Year and Happy Holidays. Our business has grown and grown thanks to your support. And we’re able to do what we love to do, helping consumers, because you continue to show us the confidence you have in us to treat you the way you deserve to be treated. All the best to all of you in the new year. May it be stress free and collection call free!
