Oak Park Real Estate & Estate Planning Blog

For many Americans who are struggling with debt, one of the most difficult aspects of owing money is the constant contact from creditors and debt collectors. Even though consumers do have clear rights outlined in the Federal Debt Collection Practices Act (FDCPA), which include limitations on the times at which a debt collector can call and the ability for a debt collector to contact debtors at their places of employment, many people who owe substantial consumer debt still face seemingly relentless phone calls, emails, and other forms of communication from creditors or debt collection companies. If you are in this situation, you might be wondering: can consumer bankruptcy prevent creditor or debt collector harassment? Or, in other words, can filing for bankruptcy stop these creditors or debt collectors from engaging in this kind of constant contact? In short, the answer is yes due to the automatic stay in Chapter 7 and Chapter 13 bankruptcy cases. We want to provide you with more ...

Many Oak Park residents have struggled with debt at one point or another, and many continue to face seemingly constant calls from debt collectors . In some cases, debt collectors may be violating the terms of the Fair Debt Collection Practices Act (FDCPA), even when debtors legitimately owe money, by harassing debtors, calling at odd hours, threatening or intimidating debtors, and using other unlawful tactics. In other situations, debt collectors engage in unlawful behavior by attempting to collect on debts that the person being targeted does not actually owe, or attempting to file claims to collect on debts that have been time-barred by the Illinois statute of limitations. When you already are struggling with debt and attempting to get on top of your monthly bills, having to deal with debt collectors can add enormous stress to your day-to-day life. A recent article in U.S. News & World Report provides some important tips for dealing with debt collectors. Understand Who is Att...

If you owe substantial medical debt, as so many residents of the Chicago area do, you may be dealing with particularly aggressive, and in some cases illegal, debt collection practices . According to a news release from the U.S. PIRG Education Fund, the consumer group’s recent report on “ Medical Debt Malpractice ” suggests that many debt collection companies may be violating the Fair Debt Collection Practices Act (FDCPA) when attempting to collect on healthcare debts owed by consumers. Incorrect Medical Debt Information One of the major problems associated with medical debt is that the information on a consumer’s records often is inaccurate. As a result, medical debt collectors contact consumers and may even use tactics prohibited by the FDCPA to obtain debts that are not exactly owed. According to the news release, “medical debt items on credit reports are often wrong or about the wrong consumer.” A consumer will be contacted by a medical debt collector for healthca...

When a debtor in the Chicago area requests that a debt collection company stop making frequent calls and the collector continues anyway, does the debtor have any recourse? Under the Fair Debt Collection Practices Act (FDCPA), debt collectors cannot harass consumers even if they owe debts. Specifically, Section 806(5) clarifies that a debt collector is prohibited from “causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number.” More often than not, debtors will rely upon the FDCPA in order to make allegations about debt collection harassment or unfair debt collection practices . However, as a recent article in the Cook County Record explains, debtors also may be able to rely on the Telephone Consumers Protection Act (TCPA). A Chicago federal judge recently refused to dismiss a lawsuit brought by a consumer under the TCPA for repeated and unwanted telep...

For consumer protection advocates, stopping debt collectors from calling at unreasonable times or making fraudulent claims to debtors is vital work. Given that it is a new year, a recent article posted by the Federal Trade Commission emphasizes that now is as good a time as ever to make sure that consumers know their rights when it comes to stopping calls from debt collection companies. At the Emerson Law Firm, we are committed to helping residents of the Chicago area who have been treated unfairly by debt collectors. It is important to remember that the Fair Debt Collection Practices Act (FDCPA) specifies what kinds of behaviors are prohibited when it comes to debt collection. If you think your rights may have been violated, you should speak with a dedicated Oak Park consumer protection attorney. When a Debt Collector Can and Cannot Call You If you owe money to creditors and are late on your bills, you may be expecting to receive calls from debt collectors. In pa...