Legal Question in Credit and Debt Law in Illinois

Process of collecting on a promisory note

Hello. An ex borrowed $7700 from me and when the relationship ended he signed a promisory note. He made occasional payments over the last year or so which I have written him receipts for. He has stopped making payments and his new friend has threatened me with bodily harm for calling to see if I could collect. Although the note says he's responsible for all atty fees and court costs, I don't have money to pay for an atty upfront and would like to know what I can do to sue him for the balance remaining on the note ($7,500) on my own. Can I charge interest on the balance? Also, we live in different counties, do I file a suit in his or mine? Will the judgement be garnished from his check as I feel this would be the only way I would ever see payment? Thank you for your insight.


Asked on 8/20/07, 8:42 pm

1 Answer from Attorneys
Lesley Hoenig Lesley A. Hoenig, Attorney at Law

Re: Process of collecting on a promisory note

You can probably find an attorney willing to do this on a contingency basis, provided you pay for the court costs ahead of time. Especially if your ex is working and the wages can be garnished. The note needs to provide for interest for you to charge interest. Additionally, it is typically best to sue him in the county he resides unless the note says otherwise. Once you obtain judgment, you will need to file a wage deduction summons and go through proper procedure to have that go into effect. An attorney will save you time and heartache as they have experience with doing everything involved.

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Answered on 9/04/07, 6:26 pm


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