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    Behaviors that Constitute Harassment by a Debt Collector

    Last updated 3 months ago

    Debt collectors have a reputation for being unpleasant and some of them are downright abusive. Consumers do have legal rights when it comes to debt collection. These legal rights were established with the Fair Debt Collection Practices Act (FDCPA). If you’re unsure of your legal rights or you feel you’re being harassed, it’s a good idea to contact a law firm. If you have exorbitant debt that you feel you can’t pay off, you may wish to contact an attorney at a law firm that specializes in bankruptcy law.

    Misleading Practices

    Lawyers often work with clients who have suffered from misleading or fraudulent actions on the part of unscrupulous debt collectors. The FDCPA prohibits debt collectors from engaging in fraudulent, deceptive, or otherwise misleading practices, which include falsely pretending that the caller is an attorney, threatening your arrest, threatening illegal actions, or threatening actions that the caller does not truly intend to carry out. They also cannot misrepresent the nature or the amount of the debt.

    Excessive Phone Calls

    One of the more common complaints consumers have about debt collectors is the sheer number of phone calls from these agencies. Debt collectors are not legally permitted to make an excessive number of daily phone calls to you, nor can they call you at a time that is inconvenient. They are barred from calling prior to eight in the morning and after nine at night in your time zone. Additionally, if you file for bankruptcy, the debt collector must stop calling you.

    Abusive Language

    Debt collectors are not permitted to use abusive, profane, or otherwise offensive language when communicating with you. They cannot threaten you with harm or violence.

    Improper Reporting

    Sometimes, a debt collector will threaten humiliation if the debt is not resolved. For example, he or she may threaten to make information about your debt public or the debt collector may inform your employer and other parties about the debt. These practices are illegal.

    The law firm of Cutler & Associates, Ltd. understands the frustration that comes with being buried in debt. With help from our experienced bankruptcy attorneys, you can break free of your debt and get a fresh start in life. To learn whether bankruptcy might be right for you, contact our law firm in Aurora at (847) 505-0380.

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    A Brief Look at Bankruptcy Exemptions

    Last updated 3 months ago

    If you file a Chapter 7 bankruptcy petition, exemptions determine what property you get to keep and what property you need to give to the trustee. In a Chapter 13 petition, having bankruptcy exemptions results in lower monthly payment plans. Bankruptcy petitions usually protect certain types of assets, such as motor vehicles and wedding rings. 

    In a Chapter 7 bankruptcy, the trustee sells the debtor’s assets in order to pay back a portion of the owed debt. However, the bankruptcy trustee is unable to sell property or assets that are considered exempt. This means that bankruptcy exemptions allow debtors to protect certain assets during the Chapter 7 bankruptcy process. While Chapter 7 bankruptcy results in the sale of non-exempt assets, Chapter 13 bankruptcy allows debtors to keep all property and reorganize their debts. However, the amount owed to creditors depends on what property qualifies as a bankruptcy exemption. As a result, bankruptcy exemptions in Chapter 13 help reduce the amount owed to creditors in the payment plan. 

    Call (847) 505-0380 to schedule a free bankruptcy evaluation with Cutler & Associates, Ltd. Our bankruptcy attorneys have helped thousands in the Chicagoland area, including Aurora and Schaumburg. 

    How Far Will Debt Collectors Go to Collect Debt?

    Last updated 4 months ago

    A collection agency may be legally entitled to contact debtors, but only if it uses certain acceptable debt collection behaviors. For example, debt collectors are restricted to contacting debtors at certain hours of the day and are not allowed to use threats or offensive language. Unfortunately, complaints about abusive debt collection practices remain the leading consumer complaint to the Federal Trade Commission.   

    This ABC News report takes an inside look at offensive debt collection behaviors. In particular, the report shares the story a Bank of America customer who continued to receive harassing, offensive phone calls after he had settled his $81 owed debt. With the help of his attorneys, he was able to track down the responsible collection agent and hold him accountable. 

    By calling Cutler & Associates, Ltd. today, we can stop UCC 1 filings, asset sales, and wage garnishments. You can reach our Aurora office at (847) 505-0380. 

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