Legal Question in Credit and Debt Law in Illinois

I received a letter saying that a summons is going to be issued to my employer for wage garnishment for credit card debt that I have. I have been paying $150.00 to them monthly for the past 6 months, which has been taken directly from my checking account. Apparently after 6 months that was no longer valid (is what I was told when I contacted the company's attorney) and I hadn't realized that they weren't taking money out for the previous 2 months. They informed me that I had no other options to stop wage garnishment once it had been started unless I paid the amount in full. I called the circuit clerk where they had stated it had been filed and they have not received anything as of yet.

I have been going to school part time and working a temporary full time job. Just this week I finally got a full time -permanent- job at another company and I do not want this garnishment to show up with them.

Are there truly no other options for me? I thought this was a last resort for those who are ignoring their debtors and not making payments? Why would they do this when I actually am trying to get them paid off?

-Ashley


Asked on 3/26/10, 8:57 am

2 Answers from Attorneys

Frank Vosholler Law Office of Frank L. Vosholler III

bankruptcy can stop the garnishment immediately. Contact me if you are interested.

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Answered on 3/31/10, 9:02 am
Thomas Moens Moens Law Offices, Chartered

I am not sure I understand something here. You said, " I called the circuit clerk where they had stated it had been filed and they have not received anything as of yet." The only way they can garnish your wages is if they sued you, won, and have a judgment against you. This would need to have been filed in the county in which you reside. If this is not the case, this could be a problem for them. You should contact an attorney to discuss you situation in more detail.

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Answered on 3/31/10, 9:41 am


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