When You Owe Money: A Guide for Illinois Consumers

When You Owe Money: A Guide for Illinois Consumers

Last updated: June 2004

This manual gives information on many different topics related to debt collection. It tells you what debt collectors can and cannot do, how you can protect some of your income or property, what happens in a repossession, what happens in a lawsuit to collect a debt, and about the pros and cons of filing for bankruptcy. It includes sample letters you can write to debt collectors to tell them to stop contacting you. You can go right to one of the particular sections listed in the table of contents just by clicking on it below.

Introduction

What These Materials Are About
What These Materials Do Not Cover
Definitions

Dealing with Some Common Creditor Tactics

First Steps Creditors May Take
Dealing with Creditors' Tactics

Creditors' Formal Methods for Collecting Debts

Collection Agencies
Lawsuits in Court for Money
Methods to Collect on Court Judgments
Repossession of Vehicles or Other Goods
Other Remedies for Creditors to Recover Your Property
Wage Assignments

Collection Agencies

What Collection Agencies Cannot Do
What a Collection Agency Must Do
What You Can Do If The Collection Agency is Violating the Law

Lawsuits in Court For Money

Will a Creditor Sue You to Collect a Debt?
How To Respond To a Collector's Lawsuit
The Judgment and Appeal Rights

Creditors' Methods for Collecting Court Judgments

How a Creditor Can Find Out About Your Income and Assets
Citations To Discover Assets Held by Third Parties
Wage Deductions
Non-Wage Garnishment
Judgment Liens and Enforcement of The Judgment Against Real Estate

Exemptions Which Prevent Creditors From Taking Your Money or Property

What Are Your Exemption Rights?
Putting Money From An Exempt Source In The Bank
How To Claim Your Exemption Rights

Repossession of the Family Car

How To Prevent A Car From Being Repossessed
What To Do After The Car Is Repossessed
When A Repossession Is Unlawful
Resale of the Car By the Creditor and Deficiency Actions
What You Can Do If You Did Not Get Proper Notice of Resale or If the Resale Was Not Commercially Reasonable

Creditor Threats to Take Your Household Goods

Recognizing When the Threat Is Real Or False
What You Can Do To Protect Your Household Goods

Other Things Creditors May Do

Taking Property Back
Statutory Liens
Wage Assignments

Bankruptcy

What Is Bankruptcy?
When Should I File Bankruptcy?
What Can Bankruptcy Do For Me?
What Bankruptcy Cannot Do
What Different Types of Bankruptcy Cases Should I Consider?
Chapter 7 (Straight Bankruptcy)
Chapter 13 (Reorganization)
What Does It Cost to File For Bankruptcy?
What Property Can I Keep?
What Will Happen to My Home and Car If I File Bankruptcy?
Can I Own Anything After Bankruptcy?
Will Bankruptcy Wipe Out All My Debts?
Will I Have To Go To Court?
Will Bankruptcy Affect My Credit?
What Else Should I Know?

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