Can a small claims collector harass a debtor?

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Can a small claims collector harass a debtor?

Using profanity in emails, calling them names, and be littling them. I just lost a small claims case, less than 30 days ago. I missed the hearing so I am waiting on paperwork from the courts. I told the guy I owe money to this and that I will pay him when I hear from the courts. He is sending me emails constantly asking me to pay him and that I am a loser. He also told me to cut my **** out and to pay him already. Calling me a low life for not paying him yet.

Asked on September 14, 2012 under Bankruptcy Law, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country, a third party debt collection company cannot engage in unfair debt collection practices. The threats as to you and the constant contact could very well be deemed an unfair debt collection practice regardless of the name calling.

I suggest that you consult with an attorney that practices in the area of consumer law for assistance in your matter.

 


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