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Wednesday, January 21, 2015

New York Announces Sweeping New Regulation of the Debt Collection Industry

Did Electronic Service of Process in NY just get one step closer to becoming a reality?

One of the changes that are being imposed in the state of New York has to do with how creditors and debtors communicate.  The new regulation allows for communication via Email and it is apparently meant to reduce harassing phone calls.

As I think about what else it could mean or lead to I can't help but wonder if it could bring electronic service of process one step closer to becoming a reality for these types of cases.  What is to stop a creditor from sending demand letters and even the lawsuit via Email? 

Think about  it for a minute… If a creditor knows your email address is valid and the email address follows you regardless of where you work or reside, it just got a whole lot easier to provide actual notice.  Certainly that is better than posting a lawsuit on the door of the last known address.  Why couldn’t a creditor say to the debtor; you don't really want us to send a Process Server or Sheriff to your home or place of work do you? You don't want the cost of the service of process to be added to the debt do you?  Just waive the service requirements and you can avoid the unnecessary cost and embarrassment associated with the service of process... 

Just Sayin... Is this far-fetched?

by Jeff Karotkin