Legal Question in Credit and Debt Law in Illinois

Need some advice

I am looking for some answers to a couple of questions. I have a loan out with a personal finance company. I have been unemployeed for quite some time and have been unable to make the monthly payments. They took me took court which I was unable to show up for becuz I am no longer in illinois and got a default judgement against me for the amount of the loan. I am very aware that I need to pay this but being unemployed with children I am unable to do so. The lady from the finace company has been calling my parents, my cousin, my cousins husbands parents my brothers,and my boyfriends cell phone. They call my boyfriends cell phone every day , telling them that I owe this money and that I need to pay it. Is this legal? Can they do this. I didnt think that t hey could tell anyone except you and an atty if you have one that you owe money.

My second question is that if i can not pay this judgement that is against me can I go to jail for this? What will happen if i can not pay this debt?

Thanks

SH


Asked on 4/22/03, 9:53 am

4 Answers from Attorneys
Mary McDonagh McDonagh-Faherty Law Offices

Re: Need some advice

No they cannot call all of these people - and no you cannot go to jail. They can, however, continue to pursue payment of the debt but not through your relatives. What I would suggest to you is this - get an attorney to write a letter on your behalf stating that they now represent you - this will mean that they can no longer contact you directly - or your family who they should not be contacting anyway. It will not cost you much at all and will save you an extreme amount of hassle. They will not stop.

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Answered on 4/22/03, 10:17 am
David Slater David P. Slater, Esq.

Re: Need some advice

They are violatig the Fair Debt Collection Law. You should have an attorney contact them. You cannot go to jail for owing a debt. They may sue and obtain a judgment against you.

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Answered on 4/22/03, 11:26 am
Kenneth J. Ashman Ashman Law Offices, LLC

Re: Need some advice

Given the facts as you state them, it seems as though you are insolvent. You might want to consider retaining bankruptcy counsel, for, if bankruptcy is in your best interests, you can get this debt discharged in its entirety, meaning you wouldn't have to pay it back.

Good luck.

-- Kenneth J. Ashman; www.AshmanLawOffices.com

The information provided by Ashman Law Offices, LLC (�ALO�) is for general educational purposes only. No attorney-client relationship is established by this communication and no privilege attaches to such communication. ALO is not taking and will not take any action on your behalf and will not be considered your attorney until both you and ALO have signed a written retention agreement. There are strict deadlines, called statutes of limitation, within which claims or lawsuits must be filed. Therefore, if you desire the services of an attorney and decide not to retain ALO on terms acceptable to ALO, you should immediately seek the services of another attorney.

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Answered on 4/22/03, 11:27 am
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: Need some advice

Follow the suggestions made by Mr. Slater.

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Answered on 4/22/03, 12:48 pm


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