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?
3 Answers from Attorneys
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.
Re: Prosecution
If you are concerned with a criminal prosecution by the State, you can be prosecuted even if you paid restitution.
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.
Related Questions & Answers
-
Signed Affidavit Once I've signed an affidavit and turned over all my assets to... Asked 3/11/07, 4:42 pm in United States Illinois Business Law
-
Using Disney mascots in business setting Hi, Is permission needed from Disney if one... Asked 3/10/07, 10:06 pm in United States Illinois Business Law
-
Void Pre-incorporation Agreement I signed a pre-incorporation agreement with a... Asked 3/10/07, 3:54 am in United States Illinois Business Law
-
Llc Invested in a start up business through my LLC. Have since discovered that my... Asked 3/08/07, 11:31 am in United States Illinois Business Law