Legal Question in Credit and Debt Law in Illinois

A family member received a letter from a debt collection agency that used “strong” language that reads, “Your attempt to ignore this valid debt will no longer be tolerated…our only solution now is to recommend legal action to your creditor”.

Hypothetically speaking, if said debt is valid, what obligation does family member have to pay the debt collection agency since it is not original creditor? Also, can the “debt” be returned to “creditor” for further legal action? Again, hypothetically, the original action is an eviction judgement that occurred 5 years ago in IL.


Asked on 1/19/18, 2:09 pm

1 Answer from Attorneys
Elfreda Dockery Law Office of Elfreda Dockery

The debt collection agency was hired by the "original" creditor to collect the judgment entered against your family member five years ago. Since the debt is the result of a judgment, it appears to be a valid debt and if not paid, the creditor can then garnish your family members bank account and/or wages if not paid. Please tell your family member that Illinois law allows judgments to accrue interest at the rate of 9% each year until paid, so if no payment has been made to the "original" creditor in the five years since the judgment, your family member owes the judgment amount plus court costs plus interest at 9% for each year.

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Answered on 1/19/18, 3:09 pm


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