Legal Question in Credit and Debt Law in Illinois
Judgement mess
My husband foolishly went to court in Jan 07 and admitted to a debt of $9200. Judgement was issued, and they took their first payment on June 1, 2007. When they didn't take another we started asking questions. We received a copy of what was sent to his employer, a ''stipulation to dismiss''. This letter is dated June 7,2007. It appears this letter was filed in court, but unfortunately in a different county then the judgement was issued in. Our county court, nor the court listed on this letter, have record of this. The CA has been no help as to what hapened, because they've since sold the debt to another CA, who sent us a letter in Jan 08 (first report on credit May 07). I asked for validation of the debt, and they sent a copy of the judgement issued last Jan. Is that proper validation? How can I find out what happened with this judgement?
1 Answer from Attorneys
Re: Judgement mess
You go to the court in the county it was filed in, and look at the court file. If the stipulation was filed in a different county, you need to go to that county. But this doesn't make sense, it sounds to me a stipulation to dismiss would be sent to the employer if the garnishment paid the judgment in full. I would be surprised if that was the case. Have your husband get a copy of this stipulation from his employer if he doesn't have it already and look at it. It should indicate where it was filed if it was ever filed. it sounds like MAYBE it was dismissed so they could sell the debt to a new collection agency. It doesn't mean the debt ceased existing. But if any payments were paid to them you want to make sure that the balance takes that into account. Don't know if that is helpful or not.