I am still legally married to my wife but we are no longer together. Prior to us separating I took out a with her a title loan. After we separate I took my title back and she put her title long story short she defaulted on the loan we got served . I went to the court hearing told the judge this was... View More 
answered on Apr 24, 2017
If there was a court case and they took a judgment against you, they have a right to garnish your paycheck.
If the judgment was entered in error, you need to go back to court to have the judgment vacated.
It seems as though both of you were liable on the debt and they sued both of... View More
Loan was a long time ago and since paid back-I have no records its that old. My brother feels he has the right to force me to prove this was paid back by me. (It was) My mother was alive when the loan was made to me verbally - she died 2 years ago. What grounds does he have here to pursue this?... View More
answered on Mar 25, 2017
If there is a written contract and he is the executor of her estate and her estate has not been probated, it is a problem. Otherwise no.
I am an individual creditor & I do not want the debt owed me discharged. I have a judgement from family court saying the other parent has to pay me back overpayments that stemed from false child support claims she made. The other parent in question has filed Chap. 7. The notice says no... View More
answered on Mar 13, 2017
While more facts are needed and documents must be reviewed, it sounds like you might have the type of debt that is excepted from discharge in which case the appropriate steps must be taken with the court. Bankruptcy laws and family laws are complex, you need to get in to speak to a lawyer asap as... View More
The person living in the home has not paid me yet. The house is close to being foreclosed on, so I'm wanting know if this clause would make the mortgage company liable to pay me, as I've replaced all water lines do to freezing and breaking, and put all New floors in and restabelized all... View More
answered on Apr 29, 2017
Foreclose could be translated as "wipe out". The mortgagee foreclosed in order to wipe out all liens with less priority in the property than its own. Generally any lien attaching to the property after the mortgage is recorded has less priority. Only if the property sells for a surplus... View More
The defendant was ordered to pay monthly and has come up with every excuse imaginable and now is 130 days late. The Judge will not enforce the order that clearly states that if a payment is missed, the defendant will be placed in jail and his bond will be the balance owed to my father. How can we... View More
answered on Feb 17, 2017
There are a number of reasons why you may wish to change judges in a case: of right, and for cause. The meaning of these terms is outlined in the Illinois Compiled Statutes, 735 ILCS 5/2-1001.
Substitution as of Right: The most frequently used Motion for Substitution of Judge (SoJ) is that... View More
Before being evicted I spoke with the property manager and told her about my situation with my job and also the living conditions from my roommate.I have emails,picture, and videos. I was told to get a lawyer so I don't have to pay. My roommate "put" me out. So she was living there... View More
answered on Feb 2, 2017
I do not see question that can be answered.
An eviction cannot be removed from your record. An eviction is a publicly filed court matter.
A judgment, which result after a formal eviction, can be placed on your record if it is recorded in the county where you reside. A judgment... View More
The divorce was granted in IL but I moved back to NC. I need help collecting this debt and remaining balance. I am falling behind on the debt he's suppose to help pay. I just need help collecting from my ex-husband. It's Case No. 12 d 62, Tazewell County, September 24, 2013. Any help... View More
answered on Jul 28, 2016
Contact the State's Attorney or District Attorney's office in the NC County where you live. They should be able to send you to a child support enforcement office in NC that can collect for you long distance.
They have turned it over to two collection agencies.
answered on Aug 13, 2015
Generally, Yes. It sounds as though either or both of the collection agencies have purchased the debt from the company. If that is the case, then the collections agencies can seek to collect the debt from you. It is probably a good idea to consult with a local collections or consumer debt attorney... View More
answered on Nov 23, 2013
You would likely have to sue him in small claims court. This may or may not be worth it depending on the amount at issue.
answered on Dec 30, 2013
A third party citation can be for anyone the judgment creditor believes is holding assets for the debtor. However, a third party citation is usually summoned to a Bank that the judgment creditor believes the debtor has funds in, or an Employer for wage garnishment. As a result, a debtor's... View More
answered on Dec 30, 2013
If you cannot pay the credit card debt, then you can try to work out a payment plan directly with the creditor. If the creditor is not receptive to your situation, then filing a Bankruptcy will release your personal liability to the creditor.
answered on Apr 24, 2013
In short, you will want to start supplementary proceeding to discover the defendant's assets. From there, you may be able to garnish the defendant's wages, obtain an order for a bank to turnover funds, levy assets, etc. ***Stephen Sotelo, The Fish Law Firm, P.C., 55 S. Main St., Suite... View More
answered on Dec 30, 2013
In short no, as long as your bank account is completely separated from your husband's. The Judgment is against your Husband only.
answered on Aug 3, 2012
You need to get a judgment against someone before you can go any further. This means you must file a lawsuit in court, serve them properly with a complaint, give the person a chance to defend the case in court and then if you get a judgment you may have other options, such as garnishment possibly.
answered on Aug 8, 2012
Contact a bankruptcy and consumer lawyer. I defend credit card cases. If there is a citation you have a judgment against you. Call the clerk where court is and ask for case number and status of case. If Cook you can check online with your name as defendant. www.cookcountyclerkofcourt.org/
answered on Aug 8, 2012
When someone files a lawsuit against you in most cases you must file an answer or a motion to dismiss that person's allegations against you. In certain circumstances in small claims in Illinois the allegations are automatically denied but you may have to go to trial. I defend debt cases and... View More
answered on Dec 30, 2013
No, a person or entity cannot garnish your paycheck without a judgment and proper notice of garnishment. Unless, the garnishment is a voluntary wage assignment that was signed in the contract for the loan or credit card.
I have had no letters or anything it was posted on my credit and now is not. 7/8/2011 I recieved a letter from an atty. regarding repayment.
I told them W.Comp paid the bills and then stopped, it was between the PT and WC due to WC paying them directly, they knew full well when the payments... View More
answered on Aug 8, 2012
If your work comp case was settled you need to look at the settlement contract and see if there was an agreement to pay. If you never settled your case, you should contact the attorney that handled it for your or someone like me who handles plaintiff side work comp case and also defends people from... View More
If I send a check payment on the claim for the lesser amount that the claim, and clearly specify that the payment is final, does the debtor forfeit the rights to collect the remainder upon cashing the check?
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answered on Jul 19, 2011
Depending on all of the circumstances and if you followed proper prtocal and used the proper language under the Illinois version of the Commercial Code, the answer is yes.
Husband wants to go to mediator and refuses to pay bills that were court ordered prev.. Says he has no $$, but we have a sailboat that he was able to pay for docking fees, etc.. Has money for boating but not for credit card, utility, property taxes, etc. He was held in contempt many times during... View More
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answered on Jul 19, 2011
You will need to refile.
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