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    Edelman, Combs, Latturner, & Goodwin, LLC

    20 South Clark Street
    Suite 1500
    Chicago, IL 60603

    info@edcombs.com
    Phone: 312-739-4200
    Fax: 312-419-0379


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    Archive

    Door to door sales

    Friday, June 28th, 2013

    Question: I had a door to door salesman come through offering to install insulation and pushing both a special and several hundred dollars in rebates. He presented a contract that I signed with the understanding I could cancel service right up until installation. He did not leave a copy of the contract and stated that he needed them all because they were offering a special. I called later that evening to cancel as I did not believe I qualified for the Federal income tax rebate. I was assured I did qualify and would be provided with all the forms. I called back the next day and tried to cancel yet again because I did not believe the contractor was properly registered with Xcel for me to get the Xcel rebate. Again I was assured I’d get the Xcel rebate and told the contractor would refund any amount of discounts I did not receive through tax credits and Xcel rebates.

    Answer:  Under IL law a contract resulting from a door to door sales contact may be cancelled within 3 days after you receive a written contract and notice of your right to cancel.  Cancel in writing.  No reason need be given.

    Surrender vs. sale when you cannot afford to pay for vehicle

    Friday, June 28th, 2013

    Question: We are letting our atv go to repo, we are wondering if they can come back on us for what is owed?   The atv was purchased with a credit card through the company that makes it. We have never had a late payment and we called to volunteer the atv back to the that company since I have lost my job. We would like to know if they can come back on us for the amount that is still owed on the atv?

    Answer:  The answer to both parts of the question is “generally yes.”   A person who is unable to make payments on a vehicle is far better off selling it or trading it for a less expensive vehicle themselves.  Repossessed and surrendered vehicles are generally sold very cheaply at auctions.  If you sold the vehicle yourself you are likely to get more money.  The secured party would have to consent to the release of its lien, in exchange for payment of the proceeds to it, but if it refuses, repossesses, and sells the vehicle for less it may not be able to collect any deficiency and may be subject to substantial statutory damages since such conduct is not “commercially reasonable.”

    Threats of check fraud on payday loan

    Friday, June 28th, 2013

    Question: Can I be charged with check fraud?   A collection agency keeps harassing me on a debt that I started paying them. They keep changing the payoff amount and they won’t send me paper work in writing for my records so I quit paying them until I get proof that they are who they say they are. Now they say that they are taking me to court and charging me with check fraud. Can they do this?

    Answer:  If this is a payday or other loan in connection with which you gave a postdated check, no.  Furthermore, the threat is a violation of the Fair Debt Collection Practices Act.  If this was an Internet loan, check if the lender was licensed.  If not, it is not enforceable and you can get whatever you paid back.

    Exemptions

    Friday, June 28th, 2013

    Question: If I have a judgment placed against me can they seize my personal bank accounts?

    Answer:  Yes, subject to applicable exemptions, which include the $4,000 “wildcard” exemption, which you must claim, and exemptions based on the source of the funds, such as social security and disability payments, which a bank is obligated to identify whether or not you claim the exemption.

    Thanks for visting our blog

    Tuesday, June 18th, 2013

    Thanks for visiting the Edelman, Combs, Latturner & Goodwin, L.L.C. blog, check back soon for more blog posts.