Being a Debtor

March 2, 2015

If you are in debt and are starting to receive collection notices or phone calls, you may feel overwhelmed. However, your attorneys at Illinois Advocates and the Fair Debt Collection Practices Act (FDCPA) are on your side to keep your dignity intact while you get through the collection process.

Under the FDCPA, creditors have to treat you a certain way. They cannot:

  1. Threaten you with criminal litigation
  2. Call you repeatedly throughout the day
  3. Use profanity or abusive language in their communications
  4. Call your family members about you having debt
  5. Make false representations about what they can do, what they will do, or about the debt itself

The FDCPA provides these protections and more and your attorneys at Illinois Advocates have the experience to use these protections.. If any of these are happening to you, please call us immediately.

Additionally, if you receive a Summons from the court regarding your debt, call us to represent you. We can protect your rights throughout the legal process.

A common violation of debtors’ rights is incorrect service. Service is a legal term for being given a Summons and Complaint directed to you. The summons has a court date listed for you to appear. Service usually occurs through a Sheriff, however service can be obtained in other ways. If you were never served properly, then you cannot know a creditor is trying to sue you.  Creditors will often try to get a default judgment entered against you when you have no knowledge of the issue in the first place. Then the creditors surprise you with a garnishment on your paycheck. If this happens, give us a call because the garnishment should not be the first time you are hearing about the lawsuit. The experienced attorneys at Illinois Advocates can probably help you correct it.

Having our attorneys help you can relieve some of that overwhelming burden of debt. We are here to help, just give us a call.