Legal Question in Credit and Debt Law in Illinois

A Past Due Payment

Im past due on one payment and I continously keep my payments monthly, and send alittle extra to make up for the one payment i missed. My Creditor contacted my part time employer to garnish my wages. I guess my question is can they do that even tough im still making full monthly payments? I just recieved another letter in the mail 2 days ago telling me i have 5 days to make a payment or their garnishing my wages. There no collection company contacting me this is coming directing from my creditor. What are my rights?


Asked on 1/17/09, 11:36 am

1 Answer from Attorneys
Michael R. Nack Michael R. Nack, Attorney at Law

Re: A Past Due Payment

They can not garnish your wages unless they have a judgment against you and the threat of doing so is a violation of the federal consumer protection laws. For some reason it is very common for people to believe that making small monthly payments stops a creditor from taking action, but this simply is not true. If there is no judgment against you, you should consult with an attorney who will porobably put the creditor that they are in violation of the law and face a lawsuit by you against them which will seek the statutory damages and attorney's fees for each violation.

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Answered on 1/17/09, 7:06 pm


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