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Can I be arrested in Illinois from defaulting on a payment from a rental agency? Are they allowed to continually harass me?

Waukegan, IL |

I am being constantly berated and harassed by Aarons they are threatening me to get the authorities and the sheriff on me to arrest me I wasn't home and my sister said that they were banging on the door and buzzing the doorbell. I have moved into a new apartment. They somehow got ahold of my new address as I have not yet given it to them or anyone else is that illegal what can I do. They also told a person I used to attend school with to call me from his private line because he works for Aarons to approach me about the account I never gave this student my phone number he informed me he got it from work. Is that illegal. They also have another employee who works for them that knows me asking people about my rental agreement and telling them about them harassing me. Is that illegal?

Attorney Answers 4


  1. It sounds like a lawsuit has already been filed against you and the plaintiff is attempting to get service upon you. The process server has not done anything illegal and is only trying to locate you. If the sums you all are substantial, you might benefit from consulting with an attorney who specializes in defending debtors.


  2. Two things 1) you are either being sued and they are trying to serve you and thats why they keep are knocking on the door or 2) they are trying to recover the furniture that you have since you defaulted also. Ignoring the issue is not the way to go about it. It is not illegal for them to try to serve you with a lawsuit or to try to get their property back. If they cannot locate you they can contact third parties to get your contact information. You likely need a bankruptcy if you have other debt.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Illinois. Responses are answers to general legal questions and the receiver of such question should consult a local attorney for specific answers to questions.


  3. Debtors’ prisons were abolished in the 19th century. You cannot be arrested merely for owing a debt.

    They may have filed a replevin lawsuit and are now trying to get you served.

    Click on the following link for information as to the Fair Debt Collection Practices Act: http://www.illinoislegalaid.org/index.cfm?fuseaction=home.dsp_content&contentID=296/.

    Hope this helps. Good luck.

    Robert T. Kuehl
    Kuehl Law, P.C.
    Chicago, Illinois
    312-840-8270
    Email: bob@kuehllawpc.com
    Website: www.kuehllawpc.com


  4. Original creditors such as Aarons are not covered by the Fair Debt Collection Practices Act. Some of this conduct would violate the FDCPA, but unfortunately, there isn't much you can do about harassment by original creditors, unless the harassment is extreme enough to constitute intentional infliction of emotional distress, which is a difficult claim to win.

    The above response is not intended to create, nor does it create either an attorney-client relationship or an ongoing duty to respond to questions. It is intended to be solely the educated opinion of the author and should not be relied upon as legal advice. Some responses may be advertising material. The response given is based upon the limited facts provided by the inquiring person and additional or differing facts might change the response. Attorney is licensed to practice law only in the state of Illinois. Responses are answers to general legal questions and the inquiring party should consult a local attorney for specific answers and advice. Answering this question does create a duty to keep information confidential, nor does it prevent me from representing an adverse party. Advertising Materials.

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