Legal Question in Credit and Debt Law in Illinois

Income garnish and property takeover

Recently, I acquired a statement from a previous credit card account, stating I did not appear in court. Due to that situation, there was a judgement set against me, by a Financial group, who hired a private investigator to find my whereabouts. I am not employed at the moment with no source of income. My question is can they put a lean on my spouse's income or possesions. They have threatened to arrest and take me into custody. Please inform of my options and what actions I can take. I would like to make the lowest monthly payments possible, until I am employed and financially situated.


Asked on 1/12/06, 1:35 pm

1 Answer from Attorneys

Kevin Plachta The Law Office of Kevin F. Plachta

Re: Income garnish and property takeover

The first question is where you properly served with the summons and complaint which formed the basis of the law suit and judgment against you. If you were not properly served then you have the right to go into court and contest the service and have the judgment vacated.

The question regarding your spouse depends on several factors, such as did she use the card to buy items, is she a listed cardholder, did you buy family necessities with the card.

You need to speak with an attorney as soon as possible.

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Answered on 1/12/06, 7:29 pm


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