Legal Question in Credit and Debt Law in Illinois

I received a notice from our county circuit court saying that "an order for default was entered on 05/17/2011 by Judge O'Brien Patrick W". This is regarding a judgment Discover Card obtained against us for a debt we owe them in the amount of $12,262. My question is, can Discover Card garnish my government pension retirement income and Social Security Income, which is the only income I have, and can they freeze my checking account? Thank you.


Asked on 6/01/11, 7:26 pm

2 Answers from Attorneys
Frank Vosholler Law Office of Frank L. Vosholler III

Yes they can freeze bank accounts, no on Social security and I have seen pensions garnished. Most likely will either freeze bank accounts or place lien against your house or other property. If bankruptcy is an option that would be the way to go, and if you would like you can call me at 708-341-2060 to discuss.

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Answered on 6/01/11, 7:43 pm
Jonathan Shimberg Shimberg and Crohn, P.C.

Pensions are not subject to garnishment pursuant to Illinois law, even after it is deposited, but those defenses have to be raised when the garnishment or citation is served. A failure to raise those defenses waives them. If you have no other assets you are judgment proof.

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Answered on 6/02/11, 4:29 am


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