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Illinois Collections Questions & Answers
0 Answers | Asked in Collections for Illinois on
Q: A community sent us to collections

saying „there’s a carpet damage”, but they didn’t give us any proofs (photos/inspection report), they just sent the invoice with utilities and carpet replacement

3 Answers | Asked in Bankruptcy and Collections for Illinois on
Q: A hospital filed bankruptcy and a collection agency is coming after for bills not paid are they allowed to do this?

Taking us to small claims court to collect on bills. Isnt the hospitals finances wiped out because of this?

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Mar 12, 2024

When most businesses (a hospital is very much a business) file for bankruptcy protection, it is done under Chapter 11 of the bankruptcy code, with the intent to "reorganize" financially.

In that scenario, collections, even small-scale, of amounts which may be owed to the...
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1 Answer | Asked in Civil Litigation and Collections for Illinois on
Q: I pawned a diamond ring at a pawn shop and made a few payments on it 12 years ago. Can I be sued now for the balance?

They’re claiming the debt was sold and they’re trying to collect now, but won’t provide me with documentation.

T. Augustus Claus
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answered on Jan 18, 2024

In Illinois, the statute of limitations for written contracts, including debts arising from pawn transactions, is generally 10 years. If you pawned a diamond ring and made payments on it 12 years ago, it's possible that the statute of limitations has expired, and the debt may be time-barred.... View More

3 Answers | Asked in Contracts, Business Law, Civil Litigation and Collections for Illinois on
Q: Good morning. What is the penalty for breach of contract?

Our group sold a home health agency to another group. Our contract stated the price and monthly payment schedules. The other group has paid us a downpayment but has since missed monthly payments for over a year now. The other group is insisting that we lower the price from what was agreed upon.... View More

Bryan R. Bagdady
Bryan R. Bagdady
answered on Jan 8, 2024

In Illinois there is no penalty for breaching a contract. In fact, Illinois law expressly allows a party to breach a contract. However, once a party breaches, it is obligated to make the other side whole. Meaning that the benefit of the contract must still be given to the non-breaching party.... View More

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1 Answer | Asked in Collections for Illinois on
Q: I have a lawsuit against from collection agency

Collection agency is suing for credit card debt, do I need a lawyer to represent me?

T. Augustus Claus
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answered on Nov 10, 2023

If the amount of the debt is small and the case is relatively straightforward, you may be able to represent yourself successfully. However, if the amount of the debt is large or the case is complex, it is in your best interest to hire a lawyer.

3 Answers | Asked in Collections for Illinois on
Q: How can I find out if I was served properly? I have not received any papers, in the mail, email or at my house?
John Michael Frick
John Michael Frick
answered on Sep 22, 2023

Check the court records where the lawsuit is pending. Typically, a legal instrument called a "return" is filed with the court reflecting service of process on defendants. The return should state when and how the summons was delivered to you. For example, it might read that it was... View More

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2 Answers | Asked in Bankruptcy and Collections for Illinois on
Q: I am being sued for debt, but never received court papers. Do I need to show up at court without being served??

I was out of states for two months. When I got back I noticed mails from different law companies that there is a lawsuit agains me. I have never was served papers. Don’t know what to do and if I have to be in court even if I never was served

Bryan R. Bagdady
Bryan R. Bagdady
answered on Sep 21, 2023

In Illinois, a court does not obtain jurisdiction over you until you are served with the summons and complaint. If several attempts were made to serve you and they were unsuccessful - presumably so since you were out of town, then the plaintiff may be in a position to ask the court for permission... View More

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2 Answers | Asked in Consumer Law, Small Claims, Bankruptcy and Collections for Illinois on
Q: Can I continue to use my capital one credit card in good standing, even if I have a default judgment with discover card

I owe discover card 6000 dollars. They recently in April 2023 have a default judgment against me in cook county circuit court, in illinois. Chicago. I have a court case in September for citation to discover assets. I know they ask about my bank accounts, savings, etc.. Does the creditor in... View More

James L. Arrasmith
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answered on Sep 8, 2023

In the citation to discover assets proceeding, the creditor will indeed inquire about your financial situation, which may encompass your credit card accounts and the balances you owe. While there are no explicit rules prohibiting the use of other credit cards, it may potentially cast you in an... View More

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2 Answers | Asked in Civil Litigation, Collections, Consumer Law and Bankruptcy for Illinois on
Q: Can creditor with default money judgment, find out where I bank, before they file an affvadvit to discover my assets?

I have a creditor ( American express)represented by Law firm, in Illinois cook county whom has a default judgment against me for 8,000. I'm looking for work now. However I heard they do bank levies some times. I use U.S bank, and a creditKarma a no credit required, checking/debit account... View More

Joel Gary Selik
Joel Gary Selik
answered on Aug 2, 2023

Yes, there are resources where Creditors can discover bank accounts. And, if they discover your bank accounts, and if you testify to them at an examination, they are likely to levy on the accounts unless you have an agreement with them.

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1 Answer | Asked in Banking, Civil Litigation, Collections and Consumer Law for Illinois on
Q: Can creditors in illinois, whom have a judgment against me, find my bank accounts through my credit report?

I have a money judgment against from midland for $4000. The case is over, and the court gave them a DEFAULT JUDGMENT. This happend in cook county circuit court. This happened in June 2023. I'm not working now. Midland has not yet filed a citation to discover assets in court, yet.. I... View More

Joel Gary Selik
Joel Gary Selik
answered on Jul 31, 2023

Bank accounts do not generally show in credit reports, only credit cards.

2 Answers | Asked in Civil Litigation, Collections, Bankruptcy and Consumer Law for Illinois on
Q: Can my uber (1099 )wages be garnished by a creditor? I have default judgment for 9,000 in chicago IL, court.
Joel Gary Selik
Joel Gary Selik
answered on Jul 23, 2023

garnish, no. Levy yes. The difference is they can only get what you were due at the time of the Levy, not what you may be due in the future.

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3 Answers | Asked in Collections for Illinois on
Q: I have settled a lawsuit for credit collection. The court date is coming up. Should I go?
Bryan R. Bagdady
Bryan R. Bagdady
answered on Jul 4, 2023

Yes. When I was a young lawyer, our managing partner would repeat on a regular basis that if you are in a case, you go to all court hearings. If you don't want to go to a court hearing, then get out of the case. Some things are simple, attending all court hearings while a case is open is one... View More

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1 Answer | Asked in Bankruptcy and Collections for Illinois on
Q: In Cook County Illinois, is there a time limit to quash a summons that was not properly or served at all?

A credit collection got a judgment against me nearly two decades ago. I was not aware of the proceedings, therefore never responded and it was a default judgment in 10/2005.

Subsequently the judgment was renewed in my new state of residence, again unbeknownst to me, and now are attempting... View More

Timothy Denison
Timothy Denison
answered on May 30, 2023

You should be able to still challenge it in the court in which it was made.

1 Answer | Asked in Collections for Illinois on
Q: can a creditor contact other people about your debt

i owe a debt for a team for uniforms and the business has stated they contacted some players about the debt. Can the business disclose this information?

Joel Gary Selik
Joel Gary Selik
answered on Feb 28, 2023

Yes, in some circumstances, a creditor can contact others about a debt or judgment.

1 Answer | Asked in Collections for Illinois on
Q: What to do when a student loan provider demands money?

Dropped out of college 2 years ago due to mental health issues, struggled with jobs and finally have one now but i do not make enough. My student loan provider demands payments but i can’t make their almost $1000 monthly payments when i barely make $300-$400 weekly.. even when i get paid weekly i... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Jan 9, 2023

You took out the loans, now it's time to pay up. The lender is not interested in your personal problems, nor does it have any idea about your relationship with your parents; the suggestion to borrow money was a suggestion, nothing more. There's no need or purpose to you becoming offended.... View More

1 Answer | Asked in Health Care Law and Collections for Illinois on
Q: Can a medical facility give me a 48 hour notice five months after a service that they are going to withdrawal over $200?
Tim Akpinar
Tim Akpinar
answered on Nov 19, 2022

An Illinois attorney could advise best, but your question remains open for five weeks. It could depend on their previous notices and payment terms. Some questions here go unanswered - You could repost under "Collections Law." A local attorney who handles medical billing recovery should be... View More

1 Answer | Asked in Consumer Law, Civil Litigation, Collections and Social Security for Illinois on
Q: I'm on SSI Disability can I be garnished by a collection agency about a credit card that I've been unable to pay on?

It's a collection agency who is taking me to court tomorrow via a zoom call. I've not been able to pay on it due to everything going up in price and I live on a very low income and am behind on my water bill and several other bills. I was behind on rent until just recently, over a year... View More

Bryan R. Bagdady
Bryan R. Bagdady
answered on Jan 26, 2022

Your inability to pay does not stop the entry of judgment. If there is already a judgment and you are up on a post judgment citation or garnishment, you should read and be aware of the exemption provisions of the post judgment code of civil procedure. Specifically, 735 ILCS5/2-1402 states at (b)(1)... View More

1 Answer | Asked in Contracts and Collections for Illinois on
Q: Can I find out problems with a lawfirm called Blitt and Gaines in Illinois?

I discovered there is a lawsuit, and that they said I was served. I wasn't home. They described a "resident" at my house which is nobody I know. I live alone. How can I find out what other sketchy things this firm is doing or has done?

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Nov 15, 2021

Engage a licensed civil court litigator to do the preliminary inquiries in validity of that service and actual legal standing of that law firm.

1 Answer | Asked in Criminal Law, Collections and Communications Law for Illinois on
Q: Someone threw a big metal lock at my car and kicked my car and only had to pay a $200 fine and court cost no restitution

The avocet at the court house is new and she said she didn’t have my information only information filed was my old phone number and old last name. She sent me letters but no letter asking me to call her.The avocet wasn’t working there at the time i turned in my information and car estimate so... View More

Jane Kim
Jane Kim pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 24, 2021

Your question is coming up under Illinois although it appears you live in MO. In any event, this will be true in either state, you can file a civil lawsuit to recover your damages, provided the statute of limitations has not run yet. Depending on the amount of damages, you may do so in small claims... View More

1 Answer | Asked in Collections for Illinois on
Q: Judgement vs collections question

Defaulted on a bank line of credit. They won a judgement. They are trying to collect in court but they sold the debt to a collection company. Is it legal to double dip?

Bryan R. Bagdady
Bryan R. Bagdady
answered on Aug 10, 2021

Selling a judgment is not double dipping. During a post judgment proceeding you will be entitled to a credit for payments you made toward the judgment. From your question it does not appear that you have made any such payments. By selling the judgment the judgment creditor has simply transferred... View More

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