Illinois Fair Debt Collection Practices Act Handbook

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Multi-State
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US-DCPA-23
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PDF
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Description

This handbook describes the Fair Debt Collection Practices Act (FDCPA) and discusses how to negotiate with debt collectors and creditors. The handbook is divided into 4 sections. Section 1 briefly describes how consumer credit got started. Section 2 describes how to deal with debt collectors. Section 3 provides a detailed overview of the FDCPA. Finally, Section 4 is a journal for you to use to document your communicatioins with debt collectors.

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FAQ

Among the insider tips, Ulzheimer shared with the audience was this: if you are being pursued by debt collectors, you can stop them from calling you ever again by telling them '11-word phrase'. This simple idea was later advertised as an '11-word phrase to stop debt collectors'.

On debts based on written contracts, the statute of limitation is 10 years. On unwritten contracts, it's 5 years.

7 Most Common FDCPA ViolationsContinued attempts to collect debt not owed.Illegal or unethical communication tactics.Disclosure verification of debt.Taking or threatening illegal action.False statements or false representation.Improper contact or sharing of info.Excessive phone calls.

The Illinois Collection Agency Act requires debt collectors to get a license and regulates how they can communicate with debtors. In Illinois, both the federal Fair Debt Collection Practices Act (FDCPA) and the Illinois Collection Agency Act (ICAA) regulate debt collectors.

What are the provisions of the FDCPA?Call Time Restrictions.Honoring Workplace Opt-Outs.Honoring Home Phone Opt-Outs.Restrictions Against Harassment.Restrictions Against Unfair Practices.Restrictions Against False Lawsuit Threats.

If you owe several debts, any payment you make must be applied to the debt you choose. A debt collector may not apply a payment to any debt you believe you do not owe. You have the right to sue a debt collector in a state or federal court within one year from the date you believe the law was violated.

On debts based on written contracts, the statute of limitation is 10 years. On unwritten contracts, it's 5 years.

Your credit card debt, auto loans, medical bills, student loans, mortgage, and other household debts are covered under the FDCPA.

Under the Fair Credit Reporting Act, debts can appear on your credit report generally for seven years and in a few cases, longer than that. Under state laws, if you are sued about a debt, and the debt is too old, you may have a defense to the lawsuit.

In Illinois, the Statute of Limitations on debt ranges from 5 years to 10 years. Some debt collection agencies buy old debts, out the Statute of Limitation period for pennies on the dollar from the original creditor in order to collect what they can.

More info

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Collection Agency Moved from: IL, IL, IL, IL, IL, IL P.O. Box 95424 Chicago, IL 60 Phone: Illinois Attorney General's Consumer Information Line at Consumer Protection Division Department of Human Services 100 South Dearborn St.

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Illinois Fair Debt Collection Practices Act Handbook