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.
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