Legal Question in Credit and Debt Law in Illinois

Judgements

I am being sued by a creditor. I have made reasonable offers which have

been refused (50-55 cents on the dollar). I have already been to court

once. The lawyer had written down that we had reached an agreement.

I told the judge I had made offers but they were refused. He instructed

me to talk with the lawyer when he was finished. The lawyer, who wasn't

even from the firm suing me, instructed me to try to reach an agreement

with this company and if I couldn't I would have to come back to court. I

am worried about having a judgement passed against me. I have been

trying to work things out with no luck. All I can afford right now is

$100/month. I have no assets or rights to any properties. Can a judge

still pass a judgement against me? Can the judge make me pay any

more money per month than that? Any more money would put me

deeper into debt. Thank you for any help.


Asked on 2/05/06, 12:43 pm

1 Answer from Attorneys
Kevin Plachta The Law Office of Kevin F. Plachta

Re: Judgements

In most situations the creditor will ask the court to enter judgment against you even though there is a pamyment arrangement in place and unles you say you do not owe the debt and want a trial then the judge will enter the judgment.

No judge can make you pay anymore then you can afford to pay. If the attorney requires a judgment to be entered then I suggest you inform the attorney that you want language in the order stating the monthly payment you are going to make and that the judgment is stayed as long as you keep making your payments. This way the creditor can not garnish your wages or bank account if you continue to make your payments. If you stop making payments then the attorney would have to file a motion with the court vacating the installment payments and allowing them to take action on the judgment.

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Answered on 2/05/06, 4:54 pm


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