Legal Question in Credit and Debt Law in Illinois
Civil Answer?
I'm trying to get out of debt with the help of a debt arbitration company because I don't want to file bankruptcy, I'd rather pay something back than nothing. I tried to make payments in the past, but they were too high and I wasn't making enough money at the time. My creditor has already taken legal action and are represented by a law firm. A Wage Deduction judgement has already been made against me, but I'm disputing it next month. I've already filed a Wage Deduction Exemption due to the recent enrollment into the arbitration program. I was advised by the debt arbitration company to file a Civil Answer so that I could obtain detailed accounting of all charges, and payments made from the original date my credit account was originally opened, a copy of the original credit application, and disclosure notice signed by me agreeing to the creditor's terms. Am I legally entitled to all of this information? How do I get it? I don't know how to file a ''Civil Answer''. Is this even the right form to file?
1 Answer from Attorneys
Re: Civil Answer?
The fact that you are enrolled with a debt arbitration company has no effect on the wage deduction. A judge will not order the wage deduction to be stopped just because of that since it does not qualify as an exemption.
You have to remember that creditors are under no obligation to work with debt arbitration companies.
As far as filing an answer the the court--well you already missed that opportunity. Your chance to file an answer was when you were first served with this law suit. If you would have filed an answer at that time then you could have requested documents and even had a trial on the issues. However, from your post it sounds as though you did not do any of that. Since that is the case you now have a judgment entered against you and the judge who is going to rule on the wage deduction issue does not have the authority to re-vist the initial judgment.
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