Legal Question in Credit and Debt Law in Illinois

I have a judgment against me for $1700. The full judgment balance is unknown to me at this time, but on a copy of a "Citation to Discover Assets to a Third Party", the judgment balance is listed as $2200. I'm assuming legal fees and interest have accrued and increased the judgment amount.

QUESTIONS:

1. As a pro se defendant in Illinois, how do I go about getting the full itemized amount from the prosecuting attorney? With a motion? A letter?

2. I recently found out that I could have exercised my right to claim exemptions up to $5000. How do I go about claiming that exemption in the courts in order to eliminate this judgment?

Please understand, I want to eventually pay my debts, but at this point I have been unemployed over 3 years, with family paying my bills. I am finally starting my own small business, but I cannot afford to open a bank account and have it frozen before I can pay my own living expenses.


Asked on 1/27/12, 10:47 pm

1 Answer from Attorneys
Jonathan Shimberg Shimberg and Crohn, P.C.

Exemptions do not eliminate a judgment. They hinder a creditor's ability to take assets. You are entitled to an itemization of the amount due from the creditor's attorney. (They are not called prosecuting attorneys.) so if you never have more than $2400 in the bank , they can not take it unless it is due child support.

Read more
Answered on 1/28/12, 12:00 pm


Related Questions & Answers

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