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Illinois Collections Questions & Answers
1 Answer | Asked in Real Estate Law, Tax Law, Collections and Small Claims for Illinois on
Q: i need help drafting a letter to my home's sellers, the prop tax amount changed enough that i should receive a credit

do I just write them a letter? is there a timetable/should i set a deadline?

Steve McCann
Steve McCann
answered on Oct 25, 2017

If you are engaging, or have engaged in a real estate transaction, you should be represented by an attorney. The fees are minimal and the benefits can be immense. All of your questions regarding the transaction should be directed to your attorney who will calculate the proration and resolve this... View More

1 Answer | Asked in Bankruptcy and Collections for Illinois on
Q: I want to build my credit but have an outstanding court fee due I cannot pay due to the amount.

It is a DUI/Felony, will bankruptcy remove it?

Ray Choudhry
Ray Choudhry
answered on Aug 17, 2017

Fines are not discharged in bankruptcy.

1 Answer | Asked in Bankruptcy, Collections and Consumer Law for Illinois on
Q: I received a Citation to Discover Assets. (See below for more information)

I received a Citation to Discover Assets. Due to losing my job and just starting my new one, my wage garnishment ended. I even got in touch and asked if I could send a payment or something, and he wouldnt even tell me his attorneys information. So, there was no way to be in touch with their office.... View More

Ray Choudhry
Ray Choudhry
answered on May 13, 2017

If you file bankruptcy, this case goes away unless there was fraud or some other reason it shouldn't be discharged.

From what you are saying, looks like everything you have is exempt from garnishment.

Illinois has a laundry list of things people can have that creditors can't touch.

1 Answer | Asked in Bankruptcy and Collections for Illinois on
Q: What can I do to avoid having my wages garnishs for a title loan my wife took out for herself ?

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

Ray Choudhry
Ray Choudhry
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...
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1 Answer | Asked in Family Law, Collections and Contracts for Illinois on
Q: Several years ago, my mom loaned $5K when alive. 2 years later,she passed away,my brother is trying to collect,can he?

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

Cheryl Powell
Cheryl Powell
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.

2 Answers | Asked in Bankruptcy, Family Law, Child Support and Collections for Illinois on
Q: I'm a prose creditor, is my debt nondischargeable if I have a child support related judgement based upon falsification?

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

Carol Cadiz
Carol Cadiz
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

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1 Answer | Asked in Collections and Foreclosure for Illinois on
Q: Does this mean I can put a lien on a house that i have done work on so if foreclosed on the bank has to pay first?

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

Robert J. Walinski
Robert J. Walinski
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

1 Answer | Asked in Small Claims and Collections for Illinois on
Q: My father won a small claims court case in 1/2016 and the current judge is not enforcing the defendants payment plan.

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

Mazyar M. Hedayat
Mazyar M. Hedayat
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...
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1 Answer | Asked in Real Estate Law, Collections and Landlord - Tenant for Illinois on
Q: Hello, I was evicted from an apartment that both me and a friend I was renting. How can I get this off my record?

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

Vincent Anthony Incopero
Vincent Anthony Incopero
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...
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1 Answer | Asked in Divorce and Collections for Illinois on
Q: My ex-husband is not paying court ordered payments of $200.00 per month to cover his part of our debt. What can I do.

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

J. Richard Kulerski
J. Richard Kulerski
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.

1 Answer | Asked in Collections for Illinois on
Q: if a credit company says closed account and the debt is written off, can they turn it over to a collection agency?

They have turned it over to two collection agencies.

William Harold Mazur
William Harold Mazur
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

1 Answer | Asked in Collections for Illinois on
Q: I want to collect payment for loan made to daughter's former boyfriend and for repair of windshield he broke
J. Andrew Brabender
J. Andrew Brabender
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.

1 Answer | Asked in Collections for Illinois on
Q: Can the debt holder citation anyone he pleases or does there need to be a good reason to cite a third party
David Siegel
David Siegel
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

1 Answer | Asked in Collections for Illinois on
Q: I am being taken to court for a credit card debit because of financial hardships I am unable to pay
David Siegel
David Siegel
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.

1 Answer | Asked in Collections for Illinois on
Q: How can I get my money once it been court order by an judge,an the defendant does not want to pay?
Stephen Sotelo
Stephen Sotelo
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

1 Answer | Asked in Collections for Illinois on
Q: IF MY HUSBAND HAS A JUDGMENT PLACED AGAINST HIM, AND WE HAVE SEPARATE BANK ACCOUNTS CAN I BE INVOLVED IN ANY COLLECTION?
David Siegel
David Siegel
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.

1 Answer | Asked in Collections for Illinois on
Q: I live in IL. A TN person owes me $11K. He works in TN but his employer is HQ'd in IL. Where do I file to garnish wages?
Timothy J. Deffet
Timothy J. Deffet
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.

2 Answers | Asked in Collections for Illinois on
Q: I have a citation notice for a debt I don't know is mine. What should I do. I have been unemployed for a long time.
Timothy J. Deffet
Timothy J. Deffet
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/

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1 Answer | Asked in Collections for Illinois on
Q: What exactly does "file your answer to the complaint" mean in regards to a summons I received for an alleged debt.
Timothy J. Deffet
Timothy J. Deffet
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

1 Answer | Asked in Collections for Illinois on
Q: Can someone legally garnish paycheck without notice? Looked at paycheck & there it was...
David Siegel
David Siegel
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.

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