FDCPA

Asked almost 5 years ago - Chicago, IL

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If someone is collecting for items that were not per any contract, are they violating the Fair Debt Collection Act? Is it true the Attorneys are also personally reposnsible for their acts?
I thought attorneys are responsible to investigate matters and review filings???

Also, if they are not licensed to collect debt in Illinois and are collecting debt for other people, what does this violate?

I also have a stituation where it appears the documents are notarized but fradulent, what would this fall under?

Additional information

I will clarify. In the event an attorney reads the documents and he is aware of the matters
mentioned above , I heard that under FDCPA the attorneys are responsible themselves.
Regarding the licensing, I know that the entity collecting must be licensed, and the attorneys do
not need to be licensed, but they must still follow the Fair Debt Collection Act. In regards to fradulent
notaries, clearly reading the document and the dates, it is real clear the notary notarized items that
were originally left blank when notarized and did not even put a date on the notarization.

Class action attorney's seem to only want to go after big fish. AFterall, to get their attorney fees, you would have to collect from the person or entity ???????

Attorney answers (2)

  1. Licensed in IL

    Mount Pleasant Bankruptcy Attorney
    Contributor Level 14

    1

    Lawyer agrees

    Answered September 08, 2008 10:53. I'm kinda confused as to what you are asking. Yes, collection agencies have to be registered with the state of Illinois in order to collect in Illinois. I don't think this means a law firm that represents collection agencies would need to be registered to do so. But if you are being pursued by a collection agency that isn't registered in Illinois, I would recommend contacting the local Attorney General's Office. Additionally, your questions are going to require more facts to answer your questions. If you think all of this is going on, it would be a really good idea to consult a local consumer law attorney to review your case and give you an idea of your chance of success and options. FDCPA provides for attorney's fees, so don't let lack of money prevent you from consulting an attorney.

  2. Minneapolis Appeals Lawyer
    Contributor Level 8

    1

    Lawyer agrees

    Answered September 10, 2008 06:55. I am not sure what you are asking, either, but if you want to know the answer, you should contact a consumer lawyer in your state. The NACA lawyer database is an excellent place to start. As a NACA member, I know there are excellent consumer lawyers in Chicago, so you are in luck.

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