Legal Question in Credit and Debt Law in Illinois

In my divorce papers, it says that I'm responsible for paying $4000 of my ex-wife's attorney fees. I paid $300 of that, fell on hard times and, honestly, forgot about that debt. My last payment was in 2002. In November, it will be 10 years since the divorce was final. I received notification that the lawyer I should have been paying all this time is going to court to seek indirect civil contempt charges. Truly, I forgot about this debt. I have not even ever had so much as a parking ticket (I'm 60 years old). The paper also says she will be seeking jail time for me. Is this a scare tactic? What's the statute of limitations on this? What are my options? Thanks so much in advance.


Asked on 9/25/10, 6:33 pm

2 Answers from Attorneys
Jonathan Shimberg Shimberg and Crohn, P.C.

You have an argument that the judgment is not enforceable after 7 years. That is a delay tactic. I have never seen a judge order jail time for legal fees. The judgment must be revived. You owe it , plus 9% interest, once it is revived, from the date it was entered

Read more
Answered on 10/01/10, 4:17 am
Thomas Moens Moens Law Offices, Chartered

An attorney is ethically prohibited from threatening to put you in jail. If this was a citation to discover assets, there may be some language that if you do not show up at the time and date specified, a warrant may be issued for your arrest. That is ok, but an attorney directly threatening jail time if you do not pay him or her is not.

Read more
Answered on 10/01/10, 8:55 am


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in Illinois