Credit Card Debt Collections Attorney in Queens, NY

If you are being contacted by debt collectors over unpaid credit card balances, or if a creditor has threatened to sue you, you are not out of options. At Shiryak & Habib LLP, we work with Queens residents who are navigating the pressure of credit card debt collection and help them understand what the law allows them to do about it.

Our initial consultations are free, and we are available virtually so you can get reliable legal guidance on your own schedule. Call (908) 460-1337 or message us online now.

Your Legal Rights as a Debtor

Federal and state law provide meaningful protections against collector misconduct. Many people dealing with collection activity do not realize how much the law is actually on their side. Here is what you are entitled to:

• Protection from Harassment. The Fair Debt Collection Practices Act (FDCPA) prohibits third-party collectors from calling at unreasonable hours, using abusive language, making threats they cannot follow through on, or contacting you repeatedly to intimidate you.
• Protection from Deception. Collectors cannot make false statements about the debt, misrepresent who they are, or claim legal authority they do not have.
• The Right to Request Debt Verification. You can formally request that a collector provide written proof that the debt is valid and that they have the legal right to collect it. Until they verify, they must stop collection activity.
• Protection After Hiring an Attorney. Once you have legal representation, collectors must direct all communication to your attorney and cannot contact you directly.
• New York State Protections Beyond the Federal Baseline. New York imposes additional rules on how often collectors can contact you, what they must disclose about the age and status of a debt, and how they handle accounts that may be beyond the statute of limitations.
• A Time Limit on Lawsuits. New York's statute of limitations on most credit card debt is 3 years. Once that window has passed, a creditor generally cannot successfully sue you to collect. An attorney can help you determine whether this applies to your accounts.

What Shiryak & Habib LLP Can Do for You

We handle every stage of the credit card debt collection process, from the first call to a courtroom defense if it comes to that. When you come to us, here is what our team gets to work on:

• Reviewing your full financial picture. We do not look at one debt in isolation. We examine everything, including what you owe, what you own, what you earn, and what collectors are claiming, so we can give you accurate, complete advice.
• Explaining what collectors can and cannot legally do. We walk you through exactly where the line is, and whether the collectors pursuing you have already crossed it.
• Assessing whether the debt is valid and enforceable. Debt buyers often purchase old accounts with incomplete records. We look for gaps in their documentation, errors in the claimed balance, and whether they can actually prove they have the right to collect from you.
• Stopping collection activity. Once you retain us, collectors must communicate through our office. The calls to you stop.
• Representing you in Queens Civil Court. If you have been sued, we review the court papers, assess your defenses, handle filing deadlines, and appear on your behalf.
• Challenging a default judgment. If a judgment was entered against you because you were not properly served or were unaware of the lawsuit, there may be grounds to have it vacated. We assess whether that option is available in your case.
• Negotiating a resolution. When settlement makes sense, we negotiate on your behalf to reach terms that are realistic given your actual financial situation.
• Evaluating bankruptcy as a legal remedy. For many clients, Chapter 7 or Chapter 13 bankruptcy is the most effective and legally sound way to address credit card debt. We will tell you honestly whether it applies to your situation and what the process would involve.