Legal Question in Consumer Law in Illinois

Assignability of claims

My question concerns assignability of claims using the following example. John Doe has a judgment against him where XYZ is the jmt creditor. The judgment is void for one reason or another yet Doe has already satisfied the jmt. Can a third party purchase any claims that Doe might have against XYZ based on the void jmt and have the claims assigned to them?? If not, can third party file suit against XYZ if Doe grants them power of attorney? Any other suggestions on how a third party could become a party in interest would be appreciated.


Asked on 7/23/03, 8:36 pm

2 Answers from Attorneys
Mary McDonagh McDonagh-Faherty Law Offices

Re: Assignability of claims

I would say that your answer becomes a question of what the initial contract underlying the judgment says. Normally, yes, a third a third party can buy the rights to a claim if, for example, it is a collection. However, if the contract says that the rights are not transferable, etc., you may not.

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Answered on 7/24/03, 8:32 am
Dennis VanDerGinst VanDerGinst, Roche & Westensee, Ltd.

Re: Assignability of claims

We are in receipt of your e-mail of 07/24/03. Unfortunately, our caseload is such at this time that we would be unable to devote the attention to your case that it deserves and must decline representation. We sincerely appreciate your interest in our firm.

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Answered on 7/24/03, 2:41 pm


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