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Collection Laws Governing Malcolm S. Gerald & Associates in IL*

In response to the growing outcry against consumer abuse conducted by third party debt collectors, the United States Congress passed the Fair Debt Collection Practices Act (FDCPA) in 1977.

At the time, few states had enacted similar protection for consumers and the states that had passed laws did not go far enough in providing adequate legal protections.

Eventually, states such as Illinois passed consumer protection laws that prevent debt collectors from harassing consumers. The Illinois Fair Debt Collection Practices Act (IFDCPA) specifies how third party debt collectors like Malcolm S. Gerald & Associates can collect outstanding debts.

For example, if your bank sells an outstanding personal loan to Malcom S. Gerald, the debt collection agency must follow Illinois law when it comes to the late payment fees, statute of limitations, and garnishment of consumer wages to pay off delinquent debts.

What is the Statute of Limitations for Debt Collectors in Illinois?

Illinois statute of limitations law defines two types of contracts: oral and written. For debt owed for outstanding credit card balances, an Illinois court ruled credit card debt is an oral contract. The legal argument at the time was the consumer and the credit card company orally agreed to the terms of a debt.

In Illinois, oral contracts produce a statute of limitations spanning five years. For written contracts like personal loans, a third party debt collector has up to 10 years from the date of issuance to collect an outstanding debt.

Illinois Law and Debt Collection Fees

Third part debt collectors are notorious for tacking on debt collection fees, including interest charges for overdue accounts and fees for processing debt collection paperwork. Illinois allows debt collectors to seek the payment of higher fees and interest rates, if a borrower agrees in writing to pay the higher fees and interest.

State law caps the interest paid on a court ordered debt judgment at 9%. Exceptions to the 9% rule include whenever a school district or a government entity owes a debt judgment. Illinois caps public sector debt fees and interest charges at 6%.

Collection Laws Governing Malcolm S. Gerald & Associates in IL*

How Does Illinois Law Influence Garnishment?

Wage garnishment can not only be a costly legal decision, it can also create tremendous embarrassment for the garnishee at home and at work. Third party debt collectors such as Malcom S. Gerald& Associates have the right to seek wage garnishments by filing a lawsuit in an Illinois court.

If a third party debt collector receives a favorable wage garnishment ruling, the agency or law firm is allowed to garnish only 15% of your disposable income. Your weekly disposable income must be at least the total of the minimum wage times 45.

Why Should I Contact a Consumer Protection Law Attorney?

If you face wage garnishment by a third party debt collector, you need to turn to a licensed Illinois consumer protection law attorney that has litigated IFDCPA cases. Your attorney can guide you through the legal process by explaining the state regulations pertaining to your case.

Hiring an IFDCPA attorney greatly increases your chances of winning a case against Malcom S. Gerald & Associates.

Additional Resources

*Disclaimer: The content of this article serves only to provide information and should not be constructed as legal advice. If you file a claim against Malcolm S. Gerald & Associates or any other third-party collection agency, you may not be entitled to any compensation.

Going to Court Against Malcolm S. Gerald and Associates*

That last profane phone call was the last straw. You may have never even gotten so much at a parking ticket before, and now you’re going to court with Malcolm S. Gerald and Associates.

This can feel a bit daunting, but you do have options to make this process easier. Your best one would be to find an experienced FDCPA attorney who can help you figure out how to navigate this process.

But first, you should get to know your rights.

Know Your Rights

Most third-party debt collectors operate within the boundaries of the law, and there is legislation that holds the ones that don’t accountable. The Fair Debt Collection Practices Act (FDCPA) keeps third-party collectors from engaging in a wide variety of activities.

This includes, but isn’t limited to, the following:

  • Sending you an envelope that clearly states that it’s from a debt collector
  • Threatening to garnish your wages
  • Talking to people other than your spouse or attorney about your debt
  • Calling you before 8 a.m. and after 9 p.m.

Going to Court against Malcolm S Gerald

Most third-party collection agencies like Malcolm S. Gerald and Associates won’t engage in this kind of behavior. However, if the company does, be aware that Malcolm S. Gerald and Associates may be breaking the law.

Talking to an FDCPA attorney can be helpful to figure out how to proceed.

Going to Court With Malcolm S. Gerald and Associates

When you file a claim, Malcolm S. Gerald and Associates will receive a notice in two parts: the summons and the complaint. The summons explains when to come to court, and the complaint tells the company why it’s being asked to come in.

No matter what, you should appear in court on the day and time you’ve been assigned to come in–after all, the lawyer for Malcolm S. Gerald and Associates certainly will be.

Not showing up will only make a bad impression, and unfortunately, those can be enough to torpedo your chances of successfully getting through this process. In practice, there’s not as much to fear as you might suspect; you won’t go to jail over simply not paying your bills.

How to Prepare for Your Day in Court

This process may feel mysterious, but there’s actually quite a bit you can do to prepare for the day you appear in court. The first thing you’ll want to do (after familiarizing yourself with your rights, of course) is to gather the appropriate evidence against the third-party collection agency.

This could come in the form of angry voicemails, a credit report that changed after false credit information was reported, or embarrassing mail that stated it was from a debt collector.

Once you have this evidence together, you’ll want to reach out to an FDCPA attorney who can help you with your case. This lawyer will help you prepare your answers by helping you anticipate what questions will be asked.

Your preparation with your lawyer will not only make your day in court more comfortable; it’ll also increase your chances of having a successful outcome with your claim.

Contact an FDCPA Attorney Today

It’s hard to overstate the positive impact that an FDCPA attorney could have on your case. By having your case handled by a knowledgeable professional, you’re deferring to a person who has the tools to advocate for you. It’s one of the best choices you can make in this situation and one that you won’t regret.

*Disclaimer: The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against Malcolm S. Gerald and Associates, Inc. or any other third-party collection agency, you may not be entitled to any compensation.

Is Malcolm S. Gerald and Associates Calling?

Is Malcolm S. Gerald and Associates calling you? Here’s what you need to know.

When circumstances force you to fall behind in your financial obligations, it’s stressful and you feel out of control. It’s a bad situation that becomes ten times worse when the accounts are turned over to third-party collection agencies and the collection calls begin.

Many debt collectors are so aggressive and persistent that people do anything to make the harassment end, including pay off debts that aren’t theirs or agreeing to repayment arrangements that take away from important living expenses. They aren’t aware that the law affords them certain rights and protections.

The Fair Debt Collection Practices Act (FDCPA) was enacted in 1977 to prevent third-party debt collectors from using unfair or unethical means to extract debt payments from people. Under the FDCPA, the following tactics are prohibited:

  • Using profane or obscene language
  • Ignoring a formal request to cease communications
  • Calling at inconvenient times, such as before 8:00 a.m. and after 9:00 p.m. in your time zone
  • Calling you at work when they know that your employer prohibits such calls
  • Threatening action they cannot legally take or have no intention of taking, such as having you arrested
  • Calling non-stop with the intention of annoying and harassing you
  • Discussing the debt with anyone except you, your spouse, or your attorney

Is Malcolm S. Gerald and Associates Calling?*

Who Is Malcolm S. Gerald?

Not all debt collectors respect FDCPA guidelines, unfortunately.

Malcolm S. Gerald and Associates, Inc. is a collection agency with an office in Chicago, Illinois. It is one of the larger companies, with a staff count of 250 to 499 and literally decades of collection experience. Records kept by the PACER (Public Access to Court Electronic Records) website include multiple instances of Malcolm S. Gerald and Associates, Inc. being sued for breaking FDCPA guidelines while attempting to collect debts.

According to the Better Business Bureau**, Malcolm S. Gerald and Associates have had 22 complaints filed in the last 3 years. It has extremely poor reviews on the BBB site, with 100% of them being negative.

Alleged Violations By Malcolm S. Gerald and Associates, Inc.


Veronica Levy v. Malcolm S. Gerald and Associates**

In November 2011 Pennsylvania resident Veronica Levy began receiving calls from Malcolm S. Gerald and Associates, Inc. about a debt she owed to HSBC. She later claimed that debt collectors would continuously and repetitively contact her on her home and cell phones in their attempts to collect the debt, sometimes three or four times a day. The company also allegedly called her at times where it was inconvenient for her to talk on the subject, such as at work.

Ms Levy sent a written request to verify the alleged debt, but Malcolm S. Gerald and Associates, Inc. allegedly did not verify but continued to call her to collect.

The complaint that she and her attorney filed with the US District Court accused Malcolm S. Gerald and Associates, Inc. of breaching the FDCPA , including calling at an inconvenient time, calling multiple times a day, and failing to cease collection of the debt after she had asked the company to stop.

The matter was later resolved.

The phone numbers for Malcolm S. Gerald and Associates, Inc are 1-800-265-3796 and 1-312-922-6500. If either number appears on your caller ID, be warned that a debt collector may be trying to contact you. If the debt collector does not honor a written request to cease communications or persist in calling you several times per day, contact a consumer attorney. A lawyer can help you with the process of dealing with Malcolm S. Gerald, up to and including filing a suit against the company.

For more information about starting legal proceedings against Malcolm S. Gerald, please see our page:

How Can You Stop Malcolm S. Gerald From Calling?

The law requires Malcolm S. Gerald and Associates, Inc. to stop contacting you after you hire an attorney, but if the harassment persists, you can take the company to court. If you win, you may be compensated up to $1,000 per FDCPA violation as well as actual damages (stress, etc), court costs, and attorney’s fees. The law is in place for a reason, so do not hesitate to take advantage of the rights that it grants you.

*Disclaimer: The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against Malcolm S. Gerald and Associates, Inc. or any other third-party collection agency, you may not be entitled to any compensation.

**Source: www&#46bbb&#46org/chicago/business-reviews/collections-agencies/malcolm-s-gerald-associates-inc-in-chicago-il-9003035/reviews-and-complaints?section=complaints, accessed Dec. 2017

***Case taken from PACER (www.pacer.gov). File number is 2:12-cv-06277-TON from United States District Court, Eastern District of Pennsylvania.

Helpful Resources

Debt Collection Agencies in the United States
Starting a Claim Against a Collection Agency