Legal Question in Credit and Debt Law in Illinois

I have absolutely no assets; not even a car. I take home less than $370 a week. Between rent and basic living expenses there's nothing left. I am being hounded by debt collectors for thousands of dollars in medical bills. I simply have NO MONEY! Am i "judgement proof"?


Asked on 8/02/10, 3:00 pm

2 Answers from Attorneys

Jonathan Shimberg Shimberg and Crohn, P.C.

If you are not paying support, they may be able to garnish your wages and get 15% of the gross.

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Answered on 8/09/10, 4:15 am
Thomas Moens Moens Law Offices, Chartered

Your wages should not be garnished at all if your net pay after taxes is less than 45 times the minimum wage, which I believe is currently $8.25, amounting to $371.25. If make more than that, it should be the amount of your net pay over $371.25 per week or 15% of your gross pay, whichever is less. Also, keep in mind that they must sue you and win before they can even attempt to garnish your wages. You might search the Fair Debt Collection Practices to see if these charming debt collectors are violating that law. You can be entitled to $1,000 per violation if they have.

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Answered on 8/09/10, 7:44 am


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