Debt Collection Issues Recognized by the American Bar Association

Many Illinois residents face debt collection companies regularly, and indeed, Americans have seen a rise in the number of debt collection cases since the recession began.  Even as homeowners face difficulty finding the money to pay their mortgages and other bills, debt collectors aggressively seek payments.  The American Bar Association (ABA) released an article about harmful debt collection practices in the ABA Journal.  In the article, one consumer attorney referred to modern collection companies as “scavengers, buzzards picking at the decaying carcass of a debt.”

In many cases, these collection companies harass consumers and use other deceptive or fraudulent practices.  In these situations, it is extremely important to have an experienced consumer attorney on your side. At the Emerson Law Firm, we know how difficult it can be to deal with relentless debt collection companies.  If you believe you have been the victim of an unfair collection practice, contact us today to discuss your case.

Debt Collection Companies and “Third-Party Buyers”

How does debt collection work, exactly?  It’s actually pretty easy to understand.  When creditors, such as a bank, have delinquent debt from borrowers, they sell it to third-party buyers “for pennies on the dollar,” according to the article in the ABA Journal.  These third-party debt buyers try to recover the old debts they’ve purchased from banks and other lenders, and they’ll often use aggressive tactics, including “lawsuits, judgments, arbitration and other actions.”

These companies tend to end up with substantial profits, often at the detriment of struggling consumers.  Many Illinois residents are well acquainted with these third-party buyers, such as Midland Funding, Portfolio Recovery Associates, and LVNV Funding.  But when they’re dealing with these collection companies, many consumers don’t know that they may be victims of bad debt collection practices.

For instance, Peter Holland, the head of the Consumer Protection Clinic at the University of Maryland, explained that many third-party buyers are only able to acquire debts cheaply because the original lender had made some mistakes with the loan and wanted to get rid of the debt quickly.  In the ABA Journal, he clarified that primary lenders like Bank of America or Wells Fargo sell debts “cheap for a very good reason—because they’re very unreliable and very poorly documented.”  The bank could have engaged in robosigning, the debtor may already have declared bankruptcy, or the debt might even “go beyond the statute of limitations.”  In some cases, even, the borrower might have already repaid the debt.

Abusive Practices and “Sewer Service”

In other words, debt collection abuse can take many different forms and can involve borrowers in a variety of situations.  According to the article in the ABA Journal, some of these bad practices include harassment by the collection agencies, and the arrest and jailing of debtors who fail to appear at a court hearing.  In connection to the latter harm, one of the most serious “abuses in the credit industry” is known as “sewer service.”  This terms refers to a situation in which “defendants are intentionally not served with notice of actions against them.”  In these cases, “a person can get a judgment against him with no knowledge that he was ever even sued.”

If you or a loved one has been unfairly targeted by a debt collection company, it’s never too soon to contact a dedicated Chicago consumer attorney.  Contact us today to speak to an experienced lawyer.

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