Legal Question in Business Law in Illinois

Prosecution

Can I be legally prosecuted after I've signed an affidavit and signed over all my assets to cover a debt, if it has been agreed between both parties that no further action will be taken?


Asked on 3/12/07, 5:13 pm

3 Answers from Attorneys

Noelle Ansley Noelle Ansley

Re: Prosecution

If the document says that the other party is accepting your assets as full and final payment of the debt, then what other action can be taken? You owed a debt, you made arrangements to pay the debt that were accepted by the other party, so the debt will be considered paid; therefore, there is no cause of action that the other party could bring, unless you've done something else to them that isn't covered by the document you've signed. Hope that helps you.

Read more
Answered on 3/12/07, 6:00 pm
Michael Rosenblat Michael C. Rosenblat., P.C.

Re: Prosecution

If you are concerned with a criminal prosecution by the State, you can be prosecuted even if you paid restitution.

Read more
Answered on 3/12/07, 6:05 pm
Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

Re: Prosecution

I am confused by your use of the term prosecuted. If you committed a crime and doing so caused the debt such as bouncing a check, the states attorney is not bound by an agreement you may have made with the creditor.

Read more
Answered on 3/12/07, 9:38 pm


Related Questions & Answers

More Business Law questions and answers in Illinois