New Illinois Legislation Addresses Debt Collection Lawsuits

Have you faced harassment from debt collectors? Has a debt collector threatened to sue you to collect a debt owed, or have you received notice that a debt collector has filed a lawsuit against you? Dealing with debt collection companies can be extremely frustrating, especially when you are already experiencing significant anxiety surrounding the debt you owe. While there are federal protections for consumers under the Fair Debt Collection Practices Act (FDCPA), consumers do not always know about their rights or how to access them. New legislation in Illinois wants to take steps toward changing that.

Recently introduced legislation, House Bill 281, would require any lawsuits filed by debt collectors against consumers to contain clear information about the consumer’s rights among other things. We want to say more about this legislation and how it could help to protect consumer rights if it becomes law.

How House Bill 281 Aims to Protect Illinois Consumers
There are many ways in which House Bill 281 is designed to protect consumers, including but not limited to the following:
  • Provide debtors with clear information about their rights in a summons, including information about protecting certain assets like Social Security benefits, Veterans benefits, retirement benefits, and equity in a home;
  • Make clear to debtors that they can take action to stop debt collectors from making harassing or threatening contact;
  • Clarify that debtors can seek a reasonable payment plan to pay off their debt;
  • Increases the homestead exemption from $15,000 to $150,000, along with other exemption increases; and
  • Decreases timetable for a debt collector to file a claim against a debtor from seven to five years, meaning that a debt collector’s claim would become time-barred after only five years instead of seven.
Protections Currently Available to Consumers Under the FDCPA
While House Bill 281 is designed to clarify consumers’ rights when they are faced with a debt collection lawsuit, it is extremely important for consumers in Oak Park to know that they already have many rights and protections under the FDCPA. Now is a good time to remind consumers of what some of those rights and protections include. The FDCPA prohibits debt collectors from the following:
  • Calling debtors at certain times and places, including unusual times and places (including before 8 a.m. and after 9 p.m.), and at your place of employment if you ask them not to contact you there;
  • Harassing you, or anyone else you know or are related to, in any form of contact (including phone, email, and text message);
  • Lying or misrepresenting itself to you;
  • Threatening to have you arrested if you do not pay your debt; and
  • Contacting you directly if the debt collector knows you are represented by an attorney.
The FDCPA applies to many different types of consumer debts, including mortgage debt, credit card debt, medical debts, and other types of debt that have been accrued for personal, family, or other household purposes.

Contact an Oak Park Debt Collection Attorney
If you have been treated unfairly by a debt collector, including any type of harassment, it is important to seek advice from an experienced Oak Park consumer protection lawyer as soon as possible. The Emerson Law Firm has years of experience assisting Oak Park residents with consumer protection matters, including debt collection issues, and we can speak with you today about your situation. Contact us for more information about how we can help.


See Related Blog Posts:

New Article Profiles Sandra Emerson

Consumer Debt During a Government Shutdown

Comments

Post a Comment

Popular posts from this blog

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

Learning About Different Types of Wills

Whether you are young or old, single or married, wealthy or with limited financial means, healthy or dealing with a medical condition, it is important to make a will. Many people have incorrectly heard that wills are only necessary for particular people, such as those with a substantial amount of assets or for older adults in poor health. Yet wills are critical for adults of all ages, and an experienced Oak Park estate planning lawyer can help you to make one. Before you begin working with a lawyer on a will, you might start conducting your own research into wills in Illinois and the requirements for a valid will. In so doing, you are likely to come across information about many different types of wills, and you are probably going to wonder whether you will need more than one kind of will. In short, there are different terms that can be used to describe the form or function of a will, as well as some distinct types of wills. Our Oak Park estate planning attorneys can explain in more
Read more

Younger Parents Need an Estate Plan

It is critical for younger parents to have an estate plan, even if they know they are healthy and do not anticipate that anything will happen in the near future. Much too often, younger parents assume that they can wait until they are older to consider estate planning or until there is a health-related reason to begin the estate planning process. Yet estate planning is critically important for parents who have minor children. While estate planning is important for adults of all ages, it can allow parents to make important decisions about who will care for their children in the event that they become unable to do so themselves. Our Oak Park estate planning lawyers can explain in more detail. Naming a Guardian for Your Minor Children in Your Will Most importantly for younger parents, making a will allows you to name a guardian who can care for your child in the event of your unexpected death. Nobody anticipates a deadly accident or a sudden situation in which there is a need for another
Read more