Legal Question in Credit and Debt Law in Illinois
My son has a court judgement for a credit card bill and has agreeded to make payments. Monday when he went to deposit his pay check at the bank he was told that the entire deposit would be withdrawn to make payment to credit card. He was not told this till after he signed and gave them the check. My question is does he have any recourse since this leaves him with nothing and is this legal in the State of Illinois?
2 Answers from Attorneys
1 - he has certain exemptions he has the right to claim in response to any collection effort by the creditor.- up to $4000 for personal; property (bank accounts)
2 - he was entitled to notice of the collection action by the creditor against the bank after the bank was served with the collection action
3 - he should check the court file to see what and when whatever was filed.
your sonm should have signed a settlement agreement with the creditor and made timely payments. If neither of these conditions is true, they can garnish his bank account
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