Legal Question in Credit and Debt Law in Illinois

Ex-fiance is trying to sue me for a personal loan he took out as a gift...

Ex-fiance is trying to sue me, place a lien on my house, wage garnishment, whatever he can do. 3 years ago, he took out a loan in his name only (as a gift) for a surgery. Never was there a written contract between us that I would have to pay the loan back, but I have. There have been times I was late, he is now coming after me claiming I have damaged his credit. He is attempting to sue me for ''damages'' but I haven't any ties to this acct whatsoever but the emails from him demanding the acct out of his name. I paid it in full, interest and all to just end this thing with him. Does he have a case? Do I have a case against him? He has sent threat letters from his atty to me and my family. Is this legal?


Asked on 7/18/06, 9:45 pm

1 Answer from Attorneys
Thomas Moens Moens Law Offices, Chartered

Re: Ex-fiance is trying to sue me for a personal loan he took out as a gift...

The threat letters from the attorney might be a good thing for you. If he sent letters to your family regarding an alleged debt that you owe, he violated the Fair Debt Collection Practices Act, and may be liable to you for damages. If his initial communication to you demanding money did not contain the language, "This is an effort to collect a debt" etc., and giving you 30 days to dispute the debt, etc., then he violated the Act again.

Read more
Answered on 7/19/06, 4:56 pm


Related Questions & Answers

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