2006 New York Code - Definitions.



 
    §  20-489 Definitions. a. "Debt collection agency" shall mean a person
  engaged in business the principal  purpose  of  which  is  to  regularly
  collect  or  attempt to collect debts owed or due or asserted to be owed
  or due to another. The term does not include:
    (1) any officer of employee of a creditor while, in the  name  of  the
  creditor, collecting debts for such creditor;
    (2) any officer or employee of a debt collection agency;
    (3)  any  person  while acting as a debt collection agency for another
  person, both of whom are related by common ownership  or  affiliated  by
  corporate control, if the person acting as a debt collection agency does
  so  only  for  persons to whom it is so related or affiliated and if the
  principal business of such person is not the collection of debts;
    (4) any person while serving or attempting to serve legal  process  on
  any  other  person  in  connection  with the judicial enforcement of any
  debt;
    (5) any attorney-at-law collecting a debt as an attorney on behalf  of
  and in the name of a client;
    (6) any person employed by a utility regulated under the provisions of
  the public service law, acting for such utility;
    (7)  any  person  collecting or attempting to collect any debt owed or
  due or asserted to be owed or due another to the  extent  such  activity
  (i)  is  incidental  to  a bona fide fiduciary obligation or a bona fide
  escrow agreement; (ii) concerns a debt  which  was  originated  by  such
  person;  (iii)  concerns  a debt which was not in default at the time it
  was obtained by such person as a secured party in  a  commercial  credit
  transaction involving the creditor;
    (8) any officer or employee of the United States, any state thereof or
  any  political subdivision of any state to the extent that collecting or
  attempting to collect any debt owed is in the performance of his or  her
  official duties;
    (9)  any  non-profit  organization which, at the request of consumers,
  performs bona fide consumer credit counseling and assists  customers  in
  the liquidation of their debts by receiving payments from such customers
  and distributing such amounts to creditors.
    b.  The  term "child support" means a sum to be paid by either or both
  parents pursuant to court  order  or  decree  or  pursuant  to  a  valid
  agreement  between  the parties for care, maintenance and education of a
  child.
    c. The term "consumer" means any natural person obligated or allegedly
  obligated to pay any debt.
    d. The term "debt" means any obligation or  alleged  obligation  of  a
  consumer  to  pay money arising out of a transaction in which the money,
  property,  insurance,  or  services  which  are  the  subject   of   the
  transaction  are  primarily for personal, family, or household purposes,
  whether or not such obligation has been  reduced  to  judgment,  or  any
  obligation  or  alleged  obligation  arising  out of a judgment or valid
  agreement for the payment of child support.

Disclaimer: These codes may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.