Debt Litigation Assistance in Chicago
Our Chicago Bankruptcy Attorney Can Protect You Against Unlawful Actions
Consumers are protected from certain debt collection actions, under both state and federal laws. Many debtors are unaware that a creditor may be violating debt collection law. Owing money does not give a creditor the right to harass you, lie to you or threaten legal action unless there is a real intention to do so.
Chicago bankruptcy attorney Joseph P. Doyle has fought successfully behalf of many clients facing creditor harassment. He has an outstanding track record in bankruptcy cases and is able to devise tailored financial solutions to resolve even the most difficult problems, including fighting back against creditor lawsuits.
When a creditor takes legal action it may lead to:
- Collection on debt and legal judgment
- May allow for wage garnishment
- Potential for bank levies
What Happens When Someone Sues You for Debt?
A debt collection lawsuit begins when a creditor files a complaint with a state civil court listing you as a defendant, along with your co-signer, if applicable. The complaint will say why the creditor is suing you and the purpose. It usually includes the money you owe plus interest, and maybe attorney fees and court costs.
The creditor, collection agency or representing attorney will notify you of the lawsuit by delivering a copy of the complaint and a court summons. The summons includes when/how you can file a formal response in court, and the hearing date.
Fighting Back in Civil Court
You need a Chicago bankruptcy attorney who is familiar with debt litigation to protect yourself from unlawful actions. Do not ignore any court date, or you could be in serious trouble. Call our firm to have an experienced debt litigation attorney on your side to ensure your rights have not been violated. If a creditor has violated your rights while attempting to collect a debt, you may take legal action against the creditor under the Fair Debt Collection Practices Act (FDCPA).
Under this act, collectors are prohibited from the following:
- Falsely threatening you
- Threatening with violence
- Calling before 8:00 am or after 9:00 pm
- Incessantly calling
- Contacting you at work even after you have told them not to
- Informing anyone else about your debt without your consent
- Failing to update your credit report
- Using abusive language
If a foreclosure or other legal matter is pending, we can help you to fight back. Your lender may not have the correct paperwork to support a lawsuit, as has been discovered on many occasions in the past. If you are facing legal action from a creditor that is attempting to recover a debt, our Chicago bankruptcy attorney can help. Having a skilled attorney can help to relieve some of the worry and stress and in some cases, detect if the creditor has violated consumer law.
If they have violated your rights, they may be forced to pay you damages, as well as pay for your legal fees. Please contact us as soon as you can so that we can review your case.