Legal Question in Credit and Debt Law in Illinois
My exgirlfriend's father wrote a contract stating that I would pay her back the money I owe her before any other bills and that after my death, if it is not paid off, the debt would go on to be paid by my children and their children. I expressed my concerns about signing the contract and was pressured by my exgirlfriend and her father to sign it and so I did to get them to stop. Now, despite my sending payments when I can, I get texts and phone calls several times a week from her asking for more money. I know that I should pay money back that is owed but I believe that the contract is unfair and should be void and that I should be able to get her to stop harassing me with phone calls and texts. She has threatened to take me to small claims court and I am just not sure what to do, I just started working again a month ago and am trying to get back on my feet and she will not let me be.
1 Answer from Attorneys
I will start with the bottom line: If you owe her money, she can sue you. She will have to pay filing fees and service fees upfront. She will need to go to the courthouse probably three separate times (you will only need to go once). If she sues you, the burden is on her to prove that you owe the debt. If she is able to prove that you owe the debt and she wins the lawsuit, she will have to collect. She may or may not know how to do this. Assuming she figures it out, she could garnish your bank accounts or wages. If she has your wages garnished, she is only allowed to take a percentage based on Illinois wage deduction law.
As to this ridiculous "contract:" It is completely unenforceable as to your "children and their children." It may or may not be enforceable against you, depending on what is included, or not included in the document. One thing seems obvious though--daddy engaged in the unauthorized practice of law by preparing this "contract." Your girlfriend could have prepared it for herself, but assuming she is an adult, daddy cannot be her pretend attorney. Unless of course he is a licensed attorney, which I already know he is not since he tried to make your grandchildren liable for some alleged debt to his daughter. Not much you can do about the texts and phone calls except ignore them, which is pretty simple to do.
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