Helping Elderly and Disabled Illinois Residents to Deal with Debt Collectors

For elderly Chicago residents or those who are disabled, it can be difficult to live on what is often a fixed monthly income. As costs to live in Chicago continue to rise, making ends meet can become even more difficult. Many older adults and disabled adults in Illinois do not have many options for earning extra income, as a recent article in the Chicago Tribune reports. As such, many of those adults have turned to their credit cards to purchase food and to pay monthly bills. As a result, there are numerous seniors and disabled Illinoisans who owe substantial debts to creditors, and they are having difficulty paying back what they owe. In some instances, those debtors may even be subject to debt collection harassment.
Given that the creditors are unlikely to be able to collect from persons who have limited assets and largely are living off of Social Security or Supplemental Security Income (federal disability benefits), is there anything that can be done to limit debt collection calls and other forms of contact?
Using the Fair Debt Collection Practices Act (FDCPA) to Stop Creditors
If you believe a creditor is harassing you, or if you have concerns that an elderly or disabled loved one is being harassed by a debt collection company, you may be able to invoke the Fair Debt Collection Practices Act (FDCPA). The FDCPA makes absolutely clear that it is a violation of federal law for debt collectors to contact consumers in any of the following ways:
  • At unusual times of day or times of day known to be inconvenient (anytime before 8:00 a.m. and anytime after 9:00 p.m.);
  • At unusual places or locations known to be inconvenient (these can include places of business);
  • Through a third party, other than the consumer’s lawyer (such as a relative or friend of the consumers); and
  • Through the consumer himself or herself when the debt collector knows that the consumer is represented by a lawyer.
The FDCPA considers debt collection practices to be harassment or abuse at any time in which a collector threatens the use of violence or force against the consumer, uses obscene or profane language, repeatedly and continuously calling the consumer with the intent to annoy or harass, and advertising the sale of the consumer’s debt in an attempt to get the consumer to pay. Given that harassment or abuse can take many different forms, it may be possible to get a debt collector to stop making contact if any of the previous calls look like harassment or abuse.
For seniors and disabled Chicagoans, debt collection harassment and abuse often is a regular occurrence. Debt collection companies may contact them at odd times of day, and they also may call so frequently that the amount of contact rises to the level of harassment. In some cases, highlighting the terms of the FDCPA can convince a creditor or debt collector to stop these abusive practices.
Getting Help from a Consumer Protection Attorney in the Chicago Area
In many instances, however, stopping harmful debt collection practices might require the help of a consumer protection lawyer. As the article in the Chicago Tribune explains, a dedicated consumer protection attorney can prevent a debt collector from continuing to contact the consumer directly—contact must go through the lawyer as soon as the debt collector has been informed in writing that the debtor now has counsel.
While the debt collector still may be sued for failing to pay a debt, it is important to recognize that Social Security income is not subject to garnishment in the event that a creditor wins a judgment against the debtor. An attorney can make clear to the debt collector how the debtor’s age, income or disability status, and current assets may make it impossible for the debt collector to ever receive the money owed. In this way, a consumer protection lawyer may be able to discourage the debt collector from continuing any attempts to collect.
If you have an elderly or disabled loved one who is being harassed by debt collectors, an experienced Oak Park consumer protection attorney can help. Contact the Emerson Law Firm to discuss your options.
See Related Blog Posts:

Comments

Post a Comment

Popular posts from this blog

Payday Lending and Predatory Lenders in Illinois

If you are in substantial debt in the Chicago area and are living in a paycheck-to-paycheck cycle, you may have taken out a payday loan to make ends meet. While payday lending is illegal in a number of states due to the predatory nature of these loans, it remains legal in Illinois. As a result, many debtors in the state have used payday lenders, and far too many of those borrowers cannot repay what they owe. According to a recent article from Progress Illinois , consumers have filed complaints about payday lenders in the state, illuminating a need for federal rules that address harmful lending practices . Predatory Payday Lenders and Protections for Consumers Due to the perceived predatory nature of payday loans, twelve states in the country have banned these lenders from operating completely, according to a fact sheet from loans.org . The states that currently have laws prohibiting payday lenders from operating include Arkansas, Arizona, Connecticut, Georgia, Mary...
Read more

Phantom Debt Collection Scams on the Rise in Illinois

Have you been contacted by a person claiming to be a debt collector who is seeking to recover a debt you allegedly owe? If so, you are not alone. According to a recent report from CBS Chicago , such parties claiming to be debt collectors are on the rise, and they are scamming Chicago-area residents. These alleged debt collectors are part of schemes known as “phantom debt collection scams,” since they involve the attempt to collect on a debt that the consumer does not actually owe. How can you avoid becoming a victim in a debt-collection scam ? What should you do if you have been targeted by a fake debt collector? How Do Phantom Debt Collection Scams Work? Now, you might be thinking to yourself: I would never agree to make payment on a debt that I did not owe. But the scam is not always that simple. Parties at the center of debt-collection scams often target consumers who do actually owe debts (to someone or to some entity), and they prey on the fact that these c...
Read more

New Information on Debts That Bankruptcy Cannot Discharge

If you are thinking about filing for bankruptcy in the Oak Park area, it is important to know that certain kinds of debts cannot be discharged in a bankruptcy case. Under U.S. bankruptcy law, these are known as non-dischargeable debts, or exceptions to discharge. There are certain types of debts that have long been identified clearly as non-dischargeable debts, while there are misconceptions about other types of debts that may or may not be dischargeable. As an article in CNBC discusses, the U.S. Supreme Court recently issued a ruling in the case of Bartenwerfer v. Buckley , which clarifies that debts incurred due to another party’s fraud cannot be discharged in an individual’s bankruptcy case. Our Oak Park bankruptcy attorneys can explain the Court’s recent ruling and provide you with additional information on dischargeable and non-dischargeable debts. Supreme Court Says Debt Incurred Due to Another’s Fraud is Non-Dischargeable The recent Bartenwerfer case involved a debtor attempti...
Read more