Consumer debt is at an all time high in the United States and the shaky economy has certain debt collectors stooping to the lowest levels to collect money. The Shanfield Law Firm focuses its practice on helping consumers with many types of debt collection abuse, as well as the defense of state court collection cases brought against consumers.

Numerous federal and state laws, including the Fair Debt Collection Practices Act (FDCPA) regulate debt collectors and protect consumers. It doesn't matter if you owe the alleged debt. You might be entitled to money if you've been subjected to any of the following types of debt collector misconduct:

• Filing or threatening to file a lawsuit that is past the statute of limitations. The statute of limitations for credit cards in Illinois was recently established by the appellate court to be 5 years after the date of the last payment. The statute of limitations on auto deficiencies after repossession is 4 years after the date of the last payment. Lawsuits and threats of lawsuits are powerful weapons in a debt collector's arsenal, but the law may be on your side if the lawsuit is not timely – don't hesitate to take action to defend yourself against this dishonest tactic.
• Threats to bring criminal charges against the debtor or have the debtor arrested, threats to garnish the debtor's wages or take the debtor's personal property when there is no judgment against the debtor, references to law enforcement, and references to "subpoenas" or "summons" when no lawsuit has been filed against the debtor – these standard intimidation tactics are intended to scare debtors into paying money they might not even owe.
• Adding bogus fees or charges that are not authorized by the contract or law – some unscrupulous collectors routinely threaten consumers with heavy penalties and extra charges if a debt is not paid immediately. Only charges authorized by the contract giving rise to the alleged debt or by law are permitted. Anything else is a violation of state and federal law.< This happens frequently in the collection of bounced checks.
• Contacting family members, neighbors, friends, and employers about the debt – debt collectors are only allowed to contact others when they have no known location information for you. Anything else is a powerfully effective and unlawful abuse designed to shame you into paying.
• Harassing telephone calls – calling multiple times a day or at inconvenient times or places (including your place of work if you notified the collector you're not to receive such calls at work); course or abusive language and swearing.
• Demands for immediate payment before or shortly after sending the initial written communication to the debtor.
• Reporting or continuing to report the alleged debt on the consumer's credit report without noting that the debtor disputes the debt.
• Contacting a debtor who requested in writing the debt collector cease all communications – you have the right to be free of most communications from a debt collector and to sue for money damages when it ignores your request.
• Contacting a debtor who is known by the debt collector to be represented by an attorney – this is another powerful and illegal weapon in a debt collector's arsenal. A consumer contacted in the absence of her attorney is left without the benefit of her attorney's experience. It is a violation of state and federal law for a debt collector to contact a represented consumer. In addition, it is a violation of the rules of ethics for an attorney debt collector to knowingly contact a represented consumer.

Keep a notepad by your telephone to make a record of the date and time of every collection call you receive.< Be sure to write down the name and telephone number of the collector, the name of the agency, any "account numbers," and what the collector said to you. If you prefer, you can use the Collection Communications Log prepared for your convenience by Peter Barry of Barry & Slade in Minneapolis.

We are interested in hearing from Illinois consumers who received collection letters from collection attorneys attempting to collection homeowners or condo association dues. Such letters that demand payment within 30 days violate the FDCPA by making unlawful threats to file a lawsuit against the consumer. If you have received such a letter from an Illinois attorney please contact the Shanfield Law Firm at (312) 638-0819.

For a free confidential consultation please call (312) 638-0819.

Fax collection letters, loan documents, or other documentary evidence of illegal business activity to us at (312) 638-9136 or email to jason@shanfieldlawfirm.com. The Shanfield Law Firm represents people in individual and class actions in several types of cases. You understand that sending a fax or email the Shanfield Law Firm, Ltd. does not contractually obligate our firm to represent you. We can only serve as your attorney if both you and our firm agree, in writing, that we will do so.