Illinois Collections Questions & Answers

Q: What are my rights with municipal red light fine debt harassmen

1 Answer | Asked in Consumer Law, Traffic Tickets and Collections for Illinois on
Answered on Nov 5, 2018
Juan Ooink's answer
Law Firm after you? I think you mean the matter has been sent to collections, which means you likely missed your opportunity to dispute the ticket. I suggest contacting the Law Firm and seeing what can be done.

Q: Hi, if my twins father gets married and buys and sell property under his wife's maiden name while they were married

1 Answer | Asked in Child Support and Collections for Illinois on
Answered on Sep 10, 2018
T. J. Jesky's answer
Regardless of whether your ex buys or sells property, you state you have "unpaid child support." You are entitled to this unpaid child support now.

Let me suggest you contact, the Illinois' Division of Child Support Services, they will pursue several remedies on your behalf. This includes wage garnishment, property liens, revocation of licenses, interception of tax refunds and criminal prosecution.

Q: Am I responsible for my ex's medical bills that were incurred while married to me if he has remarried?

1 Answer | Asked in Divorce, Bankruptcy and Collections for Illinois on
Answered on Jul 18, 2018
James G. Ahlberg's answer
A collector of medical bills incurred during a marriage can typically go after the people who were married to each other when the bills were incurred, not a later spouse. You should be able to discharge them in bankruptcy. On the other hand, which of you is supposed to pay those debts should have been determined at the time of your divorce. If a collector forces you to pay them and your divorce papers say your ex-husband should pay them, you should be able to take him to court and make him...

Q: How do I fight tickets in collections so that my licence can be reinstated from suspension?

1 Answer | Asked in Collections and Traffic Tickets for Illinois on
Answered on Jan 23, 2018
Jason A. Wilkins' answer
First, call the cities that issued the citations and ask what they can do. Let them know you are sorry and want to see what you can do to waive some of the late fees. It's a stretch but worth asking. Next, try getting on a payment plan with the collection agency. MAKE SURE YOU VERIFY THAT THE COLLECTION AGENCY YOU SPEAK WITH IS THE ONE THE CITY CONTRACTED WITH. You don't want to pay a scam. If you do enter a payment plan that allows the suspension to be lifted, make sure you can complete...

Q: Can they open a closed case that was closed and paid for in 2012 and reopen back in 2016 need help they taking money out

1 Answer | Asked in Child Support and Collections for Illinois on
Answered on Dec 3, 2017
Ray Choudhry's answer
Usually child support is based on court orders.

If the child is of age and there is no current support and all prior amounts have been paid there should be nothing further to do.

Obviously, this needs to be checked to make sure everything is correct.

Q: i need help drafting a letter to my home's sellers, the prop tax amount changed enough that i should receive a credit

1 Answer | Asked in Real Estate Law, Tax Law, Collections and Small Claims for Illinois on
Answered on Oct 25, 2017
Steve McCann's answer
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 matter promptly.

Q: I want to build my credit but have an outstanding court fee due I cannot pay due to the amount.

1 Answer | Asked in Bankruptcy and Collections for Illinois on
Answered on Aug 17, 2017
Ray Choudhry's answer
Fines are not discharged in bankruptcy.

Q: I received a Citation to Discover Assets. (See below for more information)

1 Answer | Asked in Bankruptcy, Collections and Consumer Law for Illinois on
Answered on May 13, 2017
Ray Choudhry's answer
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.

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?

1 Answer | Asked in Collections and Foreclosure for Illinois on
Answered on Apr 29, 2017
Robert J. Walinski's answer
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 (an amount over and above that needed to pay off the first mortgage, including attorneys fees and costs) can junior lienholders get paid, and then only if their interests are provided for in the judgment of...

Q: What can I do to avoid having my wages garnishs for a title loan my wife took out for herself ?

1 Answer | Asked in Bankruptcy and Collections for Illinois on
Answered on Apr 24, 2017
Ray Choudhry's answer
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 you but only got the judgment against you because she wasn't served and so the court did not have authority over her.

In any case, if a creditor gets a judgment against two people, it doesn't...

Q: Several years ago, my mom loaned $5K when alive. 2 years later,she passed away,my brother is trying to collect,can he?

1 Answer | Asked in Family Law, Collections and Contracts for Illinois on
Answered on Mar 25, 2017
Cheryl Powell's answer
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.

Q: I'm a prose creditor, is my debt nondischargeable if I have a child support related judgement based upon falsification?

2 Answers | Asked in Bankruptcy, Family Law, Child Support and Collections for Illinois on
Answered on Mar 13, 2017
Carol Cadiz's answer
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 there are going to be deadlines on this. Good luck.

Q: My father won a small claims court case in 1/2016 and the current judge is not enforcing the defendants payment plan.

1 Answer | Asked in Small Claims and Collections for Illinois on
Answered on Feb 17, 2017
Mazyar M. Hedayat Esq.'s answer
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 nothing substantive has been ruled on and there would be no prejudice to the opposing party if a new Judge were assigned to the case.

Substitution for Cause: The other primary reason to...

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?

1 Answer | Asked in Real Estate Law, Collections and Landlord - Tenant for Illinois on
Answered on Feb 2, 2017
Vincent Anthony Incopero's answer
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 can be released, however never erased, by the recording of a release signed by the judgment creditor (landlord).

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.

1 Answer | Asked in Divorce and Collections for Illinois on
Answered on Jul 28, 2016
J. Richard Kulerski Esq.'s answer
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.

Q: if a credit company says closed account and the debt is written off, can they turn it over to a collection agency?

1 Answer | Asked in Collections for Illinois on
Answered on Aug 13, 2015
William Harold Mazur's answer
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 to discuss the particulars of your situation and assist you in case the collections companies violate the Fair Debt Collection Practices Act. A good place to start is by clicking the "Find a Lawyer"...

Q: Can someone legally garnish paycheck without notice? Looked at paycheck & there it was...

1 Answer | Asked in Collections for Illinois on
Answered on Dec 30, 2013
David Siegel's answer
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.

Q: IF MY HUSBAND HAS A JUDGMENT PLACED AGAINST HIM, AND WE HAVE SEPARATE BANK ACCOUNTS CAN I BE INVOLVED IN ANY COLLECTION?

1 Answer | Asked in Collections for Illinois on
Answered on Dec 30, 2013
David Siegel's answer
In short no, as long as your bank account is completely separated from your husband's. The Judgment is against your Husband only.

Q: I am being taken to court for a credit card debit because of financial hardships I am unable to pay

1 Answer | Asked in Collections for Illinois on
Answered on Dec 30, 2013
David Siegel's answer
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.

Q: Can the debt holder citation anyone he pleases or does there need to be a good reason to cite a third party

1 Answer | Asked in Collections for Illinois on
Answered on Dec 30, 2013
David Siegel's answer
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 bank account can be frozen or paycheck garnished.

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