Legal Question in Business Law in Illinois

I left a gym 30 days early of a 12 month contract a year ago. I just got a letter from my company that my wages were being garnished for $140 plus fees, which are now close to $400.. I live pay chech to paycheck and a single father to a disbled child. So, to me by them doing this, it is taking food out of my sons mouth, and my abillity to be able to afford his monthly meds.

I created a Facebook group and youtube video titled "Gracie Barra Jiu Jitsu Bloomington, IL Steals from disabled child"..

2 days later I got a letter from the gym's lawyer threatening to sue for libel / slander / defamation, ..so I immediately deleted all posts and youtube video. got email today from him stating that the title can still be found in search engine results. So emailed the attorney back that had immediately complied to his letter and that I dont have any control over an unrelated 3rd party posting the video's title, and that when you click on the link there is no video available because I had deleted it.

His original letter stated that I could be looking at huge fines and possible jail time? This business is lucky to get 1 new member every 4 months ?? I am positive this did not cost him any business.


Asked on 3/21/11, 9:46 am

1 Answer from Attorneys
Thomas Moens Moens Law Offices, Chartered

If this attorney actually threatened you with fines and jail time, he or she has violated Illinois Rule of Professional Conduct 1.2(e), which states:

(e) A lawyer shall not present, participate in presenting, or threaten to present criminal charges or professional disciplinary actions to obtain an advantage in a civil matter.

Especially since you have this threat in writing, you might contact the Attorney Registration and Disciplinary Commission where you can file a complaint. This is a very serious allegation, but if this attorney actually threatened you with jail to attempt to get you to take down a video, he or she should be disciplined. Such behavior is indefensible. Here is the link you will need: https://www.iardc.org/howtorequest.html

With regard to the underlying issue, the only way they can garnish your wages is by giving you proper notice of a lawsuit, and winning that lawsuit. If these procedures were not followed, you may have other claims. They are also limited in how much they can garnish--if you do not make at least $371.25 per week, no wages can be garnished. If you make more than that, they can garnish the amount you receive over $371.25 per week up to 15% of your income.

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Answered on 3/21/11, 12:00 pm


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