Legal Question in Credit and Debt Law in Illinois

arbitration case

I owe Citibank over $18,000.00. The card was in my name only, not my husband's. I am now unemployed. When I got the letter from the attorney, I called to try to make a payment plan of $300.00 down then $100.00 a month, explaining that my husband's construction job is seasonal. He said he would ask the client if they'd accept it, but that was a week ago and he's hasn't called me back, although I've left messages. Since then I've been served with papers to appear in court. I am terrified of what they can do to me. Can they take my house or freeze my bank account? Will I go to jail? I can't afford a lawyer. What do I tell the judge in court, and what should I bring with me? My husband will not consider bankruptcy, because that seems like a deadbeat's way out, and we want to get this debt paid. I am so frightened and ashamed, I can't sleep and I'm sick about it. Can my husband be held responsible? Will they take his paycheck? Please help-I have no where to turn. Thank you.


Asked on 5/25/07, 1:10 pm

1 Answer from Attorneys
Benjamin Berger Berger-Harrison, A Professional Corporation

Re: arbitration case

Well, if they really want to go through with a lawsuit, they'll get a judgment against you and they'll be able to use the judgment to take some of your assets. First, they can take money from your bank account but there are typically rules on how much they can take and you are required to get noice before they take it.

They can garnish your wages, but there are rules about how much they can get from each check. Assuming you don't earn much more than your bills, your offer of $100 per month might be about what they'll get in garnishment anyway.

If you were not married at the time you got incurred the debt, they might not be able to go after your husband's assets.

I am a California attorney. I recently passed the Illinois bar exam but am technically not yet an attorney in Illinois. I'm responding because it looks like nobody has answered and you sounded upset, so I wanted to at least give you some general guidance. I will defer to any attorney who posts with more specific advice as this is one area where there are significant distinctions between Illinois law and CA law.

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Answered on 5/25/07, 4:34 pm


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